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HomeMy WebLinkAbout2020/11/03 - Regular Packet MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: November 3, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following marijuana license application due to expire, marijuana license application for Madmatts Greenery LLC. 4.1.2 Department of Ecology sent in a letter regarding Proposed Trust Water Creation Water Right Change Application No. CS2-14966C. 4.1.3 Received 3rd quarter report from Economic Development Council of Mason County. 4.1.4 Wayne Nicholson sent in an application for the Historic Preservation Commission. 4.1.5 Chauffeurs, Teamsters Union Local No. 252 sent in Notice of Contract Opening- Mason County for Probation and Juvenile Detention. Attachments: Originals on file with the Clerk of the Board. 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At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 10/06/2020 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210331 _ LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 SWEET LEAF 3, INC. SWEET LEAF 3 422298 MARIJUANA RETAILER 24090 NE STATE ROUTE 3 STE I BELFAIR WA 98528 9665 2 . OGZ FIRE WEED LLC OGZ FIREWEED LLC 416412 NON-RETAIL PRIVILEGES 50 W WESTFIELD CT UNIT C MARIJUANA PROCESSOR SHELTON WA 98584 0000 3 . NEWDAY GROWERY GROUP LLC SYNCHRONIC 416524 NON-RETAIL PRIVILEGES 831 W GOLDEN PHEASANT RD MARIJUANA PROCESSOR SHELTON WA 98584 0000 4 . CM1 LLC CM1 LLC 413665 NON-RETAIL PRIVILEGES 190 W PINE ACRES WAY MARIJUANA PROCESSOR SHELTON WA 98584 8965 Cc:CMMRS Neatherlin, Shutty, Trask c`�Clerk , O(Adh4 A paq�.e Washington State Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov RETURN TO: localauthority@sp.icb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 10/27/20 RE:ASSUMPTION APPLICANTS: From MADMATTS GREENERY L.L.C. Dba MADMATTSGREENERY 47EB LLC SIU,JEROME SZE YUEN License: 416726 -7C County:23 1985-01-12 U B I:604-646-119-001-0001 Tradename:47EB LLC Loc Addr: 14249 W CLOQUALLUM RD ELMA,WA 98541-9659 Mail Addr: 9903 NE 138TH PL KIRKLAND,WA 98034-1809 Phone No.: 206-683-6183 JEROME SIU Privileges Applied For: MARIJUANA PRODUCER TIER 1 MARIJUANA PROCESSOR As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-060 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask STATE OA &R rk----- o g� 18 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO.Box 47775 Olympia, Washington 98504-77-75.•(360)407-6300. 711 for Washington Relay Service •Persons with-a speech:disaWlitycan call 877-833=6341. October 14; 2020 The Honorable Sharon Trask Mason County Commissioner,District.No. 3 41-1 North 5th.Street. Shelton,WA 98584 °'� S M ` RE: Proposed.Trust Water Right Creation , OCT 1 6. ZQ2o Water Right Change Application No. CS2=I4966C Mason County Dear Commissioner Trask: Commissioners On June 8,2020,Department of Ecology received a water right change application for CS2-14966@1 filed by TransAlta Centralia Generation(TransAlta). The applicant requested._ Ecology place up to.51.6 cubic feet per second(CFS).and 28,033 acre-feet/year under the subject rights into.the.State Trust Water Right Program(TN for instream flow and mitigation purposes. The resulting trust water right will be used to benefit instream flows in the Chehalis River and to mitigate out of priority'uses. TransAlta's water bank can provide year-round,non-interruptible mitigation water to water right applicants seeking to develop supply sources along the Chehalis River including groundwater users. You are being notified-of the proposed trust water right application pursuant to RCW 90.42.040(5)(b): Before any trust water right is created or modified,the department shall, at a minimum; require that a notice be published in a newspaper of general:circulation published in the - county or counties in which the storage,diversion;and:use are to be made, and in other - newspapers as the department determines is necessary,once a week for two consecutive weeks. :AND at the same time the department shall send a notice containing pertinent information to all appropriate state agencies,potentially affected local governments and federally recognized tribal.governments; and other interested parties. The public notice was published by the applicant in Lewis, Grays Harbor and Thurston counties: These counties are located adjacent to the:Chehalis River from.the historic point of diversion to the Pacific Ocean, near Aberdeen, WA. Those notices are provided in the table below: Newspaper City -First Date of. Second Date of Publication Publication The Chronicle Centralia,Washington Aug.27,2020 Sept.3,2020 The Daily World Aberdeen, Washington Oct.-6,_2020 - . Oct. 13,2020 The Olympian Olympia, Washington Aug.28,2020 Sept. 4, 2020 A SEPA Determination will be posted in November of 2020. Ecology plans to post.a draft decision of the application on the Internet for a 3.0=day public comment period in,or around December 2020.: You may also comment during the comment period. Ecology will consider all responses and public comments before finali2ing its decision on the proposed change. Please,send any written or email comments to Tammy Hall, Department of Ecology,PO Box 47775, Olympia,WA 98504or Tammy.Hall2ecy..wa: ov. Sincerely, Tammy Hall Department.of Ecology; SWRO Enclosed: Copy of Public Notice BEFORE THE WASHINGTON STATE DEPARTMENT OF ECOLOGY Olympia,WASHINGTON NOTICE OF APPLICATION TO CHANGE PLACE AND PURPOSE OF USE AS,AUTHORIZED UNDER CERTIFICATE CS2-14966@ 1.;AND NOTICE OF APPLICATION:FORA NEW MITIGATED APPROPRIATION OF PUBLIC WATERS UNDER APPLICATION NO.- S2-30773. TAKE NOTICE: That on June 8;2020 TransAlta, Centralia.Generation(TransAlta)applied to change the place of use and purpose of use under change application CS2714966@1. Certificate S2-14966C(priority date November 2.8, 1966),authorizes the diversion of 51.6 cubic feet per second(CFS)and 28,033 acre-feet per year from the Skookunichuck River of a point of diversion located within the.NE.'/a NE'/a.of Section 22,T-. 15_N,R. 2 W.W.M. for Power Generation and supporting uses,year=round as needed. - The applicant proposes to change the purpose and.place of use.of TransAlta's water rights to instream flow and'mitigation'. The transfer to instream flow is intended to benefit the Chehalis River from the historic points of withdrawal to the Pacific Ocean, and to provide mitigation for other out- of-stream uses. TAKE NOTICE: That on_June 9,2020 TransAlta;applied.to appropriate surface water as fully mitigated by the above mentioned TransAlta water right transferred.to Ecology's trust water program. Application No. S2-30.773 requests 27.5.CFS and 12,000.acre-feet per year from a point of diversion located in the NE '/a NE'/a of Sec. 22,T. 15 N.,R.2.W.W.M.,for industrial supply and related purposes. Protests or objections to the approval of these applications must include a detailed statement of the basis for objections, All letters of protest will become public record. Cash is not accepted. Fees must be paid by check or money order and are nonrefundable. Protests must:be accompa.med.by a fifty dollar:($50)recording fee payable to the Dept. of Ecology;.and.filed with the Dept.of Ecology Cashiering Unit,P.O.Box 47611, Olympia,WA 98504-7611 within thirty(30)days from( ). Cc:CMMRS Neatherlin, Shutty, Trask Clerk 2020 Q3 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues.At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy,and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region, and the state. 2020 Scope of Services Q CONTRACTOR to provide a budget by expense category totaling$70,040 for the 2020, one-year contract to the BOCC within fifteen days(15) of contract execution. COMPLETED Q CONTRACTOR to provide update to Board of County Commissioner... Deliverable:At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q3: Monthly with changes during COVIDI9 briefing changes etc. Q3: No updates on outreach for the 3`d quarter we continue our outreach has been county wide during this pandemic.We are utilizing our local news paper, radio station, Mason County JIC Team, Firefighters Association, social media, email distributions lists and requested both Chambers to share our information.We are calling, emailing, calling and driving to businesses to make sure we reach as many as possible during this time. RECRUITMENT&MARKETING Q CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q3: New leads: 6 Potentials Pipeline: 4 Sites: Industrial Land -Work beginning on examination of current industrial land and potential development areas. Property portfolio development and distribution at Economix that directly engaged site selectors in industrial development. Commercial sites-identification of potential projects areas, review of current infrastructure, assessment of needed infrastructure to make marketable. Runway Business Park-Site plan development moving forward. (� CONTRACTOR to provide site location assistance ... Deliverable: Quarterly list of project names. Q2: Project BB—wood pellet manufacturer Project Container-Manufacturer . Project Hotel—ongoing Project Skeeters Family Bowling Center—Assistance with USDA funding IV OC i G 20210 Mason County Comrnissioners BUSINESS RETENTION &EXPANSION ACTIVITIES Deliverable: quarterly dashboard of communication analytics. Q3. D SHBOARD:OF'ANALYTI:CS WEBSITE— 1009 2,923 61.02 1352 SOCIAL MEDIA :•• Followers:1691 Followers:30 New Followers:105 New Followers:5 Page Views:11,000+ New Tweets:0 Likes:1556 Post Reach:74,100+ 0 CONTRACTOR to provide business retention and expansion services ... Work has begun to transition the 'Business Spotlights' into a formal BRE program.This program will incorporate a wide range of tools and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Deliverable: number of businesses visited. Q3: 110 in person visits and flyer distribution including many more contacts made via email distributions, phone calls, driving to all areas of the county,Journal ads, iFiberone News Radio interviews we can safely say we have reached at minimum 700 businesses. Deliverable: number of follow-ups with existing businesses. Q3: 70 at minimum 0 CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q3: Our work with hundreds of businesses across our county ranging from retail/restaurants/salons to non-profits to small/medium manufacturing to construction to value-added ag to governments continues.We continue to work with our manufacturers on their ability to sustain themselves during this crisis. We are working with local, regional, and state governments(including IW through Commerce) on programs to support our local businesses. We have and are working on three different grant opportunities for our county and our outreach has been extensive. CDBG Business Builder Course—Should start in 41h quarter BUSINESS ASSISTANCE 0 CONTRACTOR to provide or facilitate the provision of export assistance. 0 CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q3: 700 -Our concentration this third quarter remained on COVID-19 relief, business support and grant funding opportunities as well as follow up assistance unemployment benefits,childcare center assistance and more. Deliverable: and number of follow-up interactions. Q2: 110 minimum READINESS&CAPACITY BUILDING Q CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually.Submit to COUNTY for review and approval on or before 6/30/18.—Deadline extended to 8/31/2018. C�1 CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County: Q CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. Q CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. o Opportunity Zones Q CONTRACTOR to provide an annual snapshot of local economic conditions ... Deliverable: Economic Vitality index completed. Cc:CMMRS Neatherlin, Shutty, Trask y��,n:y, ���..� ;� Clerk p6oN ED CoaA O C T 22 2020 MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET Mason County SHELTON WA 98584 Commissioners Fax 360-427-8437, Voice 360-427-9670, Ext.499;275-4467or482-5269 1854 I AM SEEKING APPOINTMENT TO Mason County Historic Preservation Commission NAME: Wayne A. Nicholson ADDRESS: PHONE: ( CITY/ZIP: VOTING PRECINCT: WORK PHONE: ( Union 227 E-MAIL: (OR AREA IN THE COUNTY YOU LIVE) ----------------------------------------=-------- ---------------------=-------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Pacific Coast Technologies 18 yrS yRS The Union Conservancy Trust (Past) Secy/Treasurer. San Francisco Jobs POSITION: President, Computer Consulting Firm: and Business Task Force COMPANY: Golden Gate Bridge District 12 YRS (Past)Treasurer, Harvard Business School Assn of Northern California POSITION: Investment Mgr, SF Public Transit Agency -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Identify preserve and restore all remaining structures and locations of historical interest and value,for enjoyment of future generations. Promote local awareness of them and encourage appreciation, enjoyment and visitation. PI UI I lote awa.-.1-.--Uf th-111 allially tuatists to encouidge 6xtended Visitation to Mason County that will boust local economy and jobs. What interests, skills do you wish to offer the Board,Committee,or Council? vinry cznliq hi m1nin-gg nnrl finn nnnal Mqt h@rkqrn,ind Veng strong tech nology a nd comp ter experience Many years' successful experience in the political/government arena, having had close personal relationships with the SF Board of Supervisors and otmer elected officials of SIF Bay Area counties. Also worKed for the Michigan Attorney General. 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) Ne senflists Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically,how much time can you give to this position? Quarterly Monthly X Weekly Daily Office Use Only Wayne A. Nicholson 10/22/20 Appointment Date Signature Date Term Expire Date Cc:CMMRS Neatherlin, Shutty, rasK— dS ptHERy CHAUFFEURS, TEAMSTERS & HELPERS UNION . 6Q �p0 LOCAL NO.,;252 a a Affiliated with the International Brotherhood of Teamsters z �3 217 East Main Street, Centralia,WA 98531•• (360)736-9979 • Fax(360)330-0377 ® at October 19, 2020 Sent by Certified Mail#7019 0700 0002 25541296 Return Receipt Requested Sharon Trask, Chairman Mason County Board of County Commissioners 411 N. 5th St., Bldg. 1 Shelton, WA 98584 Re: Notice of Contract Opening -Mason County(Probation) Collective Bargaining Agreement January 1, 2019 thru December 31, 2020 Dear Chairman Trask: Pursuant to the terms of our current referenced labor agreement, kindly accept this as sufficient notification of Teamsters Local Union No. 252's, affiliated with the International Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles, appendixes, supplements, addenda and/or letters of understanding. We will be pleased to meet with you at your earliest convenience. Please contact Business Agent, Shand! Cardin, so that we can schedule a mutually acceptable time and location to commence negotiations. Sincerely, Russ Walpole, Sec. Treas. Teamsters Union Local No. 252 RW:dh cc: PERC-Certified#7019 0700 0002 2554 1302 FMCS-Online Confirmation ID: Randy Neatherlin, Commissioner Kevin Shuttey, Commissioner Jim Madsen, Juvenile Court Administrator 0 U 2 0 0 Patsy Robinson, District Court Administrator Shandi Cardin, Business Agent Frank Pinter, Support Services Director Mason County In the Counties of Grays Harbor,Lewis,Mason,Thurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean. Cc: MMRS Neatherlin, Shutty, Trask C p'CHEI?N 0. CHAUFFEURS, TEAMSTERS & HELPERS UNION 42Pv �� LOCAL NO. 252 a Affiliated with the International Brotherhood of Teamsters 217 East Main Street,Centralia,WA 98531 • (360)736-9979 • Fax(360) 330-0377 2� 5� ®-Oq�41 October 19, 2020 Sent by Certified Mail#7019 0700 0002 25541272 Return Receipt Requested Sharon Trask, Cr1 �..�. — - - - -- _ Mason County Board of County Commissioners 411 N. 51h St., Bldg. 1 Shelton, WA 98584 Re: Notice of Contract Opening -Mason County(Juvenile Detention) Collective Bargaining Agreement-January 1, 2019- December 31, 2020 Dear Chairman Trask: Pursuant to the terms of our current referenced labor agreement, kindly accept this as sufficient notification of Teamsters Local Union No. 252's, affiliated with the International Brotherhood of Teamsters, desire to open the contract for purposes of amending all articles, appendixes, supplements, addenda and/or letters of understanding. We will be pleased to meet with you at your earliest convenience. Please contact Business Agent, Shandi Cardin, so that we can schedule a mutually acceptable time and location to commence negotiations. Sincerely, ----- - — — RGs£Walpole, Sec.-T yeas. --- — - — -- Teamsters Union Local No. 252 RW:dh cc: PERC-Certified#7019 0700 0002 2554 1289 FMCS-Online Confirmation ID:4333r 257 Randy Neatherlin, Commissioner Kevin Shuttey Commissioner Jim Madsen, Juvenile Court Administrator Shandi Cardin, Business Agent ' �r - Frank Pinter, Support Services Director OCT 26 NY, Mason County Commissioners In the Counties of Grays Harbor,Lewis,Mason,Thurston and that portion of Pacific County north of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean. BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 19,2020 Monday,October 19,2020 9:00 A.M. Support Services—Frank Pinter Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Approval to schedule 2021 Budget Hearings November 24,9:15 a.m.—Adopt Resolution for Substantial Need/Banking Capacity;adopt 2021 Levies;Monday,December 7,9 a.m.—2021 Budget Hearing • Jenn announced the final 2020 budget hearing will be December 8. • Review of September 2020 financial statements. • Frank reviewed the COVID funding distribution. At last week's meeting with Commerce,there were revisions to the guidelines for COVID funding. All public health and public safety staff salariesibenefits can be reimbursed 100%from CARES funding. We could not include grant- funded salaries. Cmmr.Trask still wants to provide funding through EDC. Cmmr. Shutty agreed that more review needs to be done,wants a clear path on how other commitments would be made and meet any audit requirements. He too wants to get funding out into the community. Cmmr. Neatherlin likes the simplicity of this but has concerns about providing funding to the community from the General Fund. Cmmr.Neatherlin suggested getting every dollar available by continuing what we are doing and funding public safety salaries at the end. Frank asked about the amount of support to the Y program—the total commitment is$125,000 for the entire school year or$13,800 per month. The County can't fund beyond November 2020. Cmmr.Trask wants to see the contracts and confirmation they are ready to provide services. Cmmr. Shutty asked for a scope of work. EDC funding for local businesses—Cmmr.Neatherlin supports$300K to$600K;Cmmr. Shutty believes this is a reasonable range,would like a reconciliation.Frank suggested to use some of Public Health grant money,Building 10 has used about$800K. Dave Windom stated the $1.3M that Public Health received has strings attached to it. There was discussion of putting in a new window for Financial Services that allows staff to pass paperwork through in order to limit contact and that was approved to proceed.. Sheriff s request for body worn cameras and vehicle cameras,$800,000,not including the additional position. Frank will update the list and brief again. • Counter-offer on Lake Boulevard from Habitat for Humanity. Commissioners are good with the counter offer of$50,000. • Reclass request from Public Works/Utilities for the Senior Accounting Technician to a Program Support Technician was approved to move forward. • Labor contract for Family/Community Health approved to move to agenda. • Dawn presented the 2020 PEBB members medical contribution approved to move to agenda. • Dawn presented the 2021 Medical Contributions for the non-represented employees/elected official. • Replacing Parks Department Kubota tractor and attachments at a cost of approximately$50,000 and would need to go out to bid. Ross will put together what a lease would look like. • Homeland Security Grant was approved to place on agenda. • Lodging Tax Advisory Committee recommendations to extend the 2020 contracts into 2021 for same terms/funding was approved. • Cmmr.Neatherlin proposed a$5,000 annual contribution to a Gorst Coalition for the Gorst interchange upgrades which will impact north Mason County. The Coalition intends to hire a lobbyist. Cmmr. Shutty is supportive of the funding request,pending who is the fiscal agent. This was approved for the November 3 agenda,pending more information is available. • Cmmr. Shutty brought up requesting an extension beyond the November 30 deadline by sending a letter to the Governor and Commerce. Frank will draft a letter for the October 20 agenda. Board of Mason County Commissioners'Briefing Meeting Minutes ~ October 19,2020 10:00 A.M. Community Services/Support Services—Dave Windom/Frank Pinter Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Discussion of Housing Authority. Community Services provided information on available funding. Dave has talked to a WA State Housing Authority person. It looks like if the Housing Authority dissolved,the assets would default to the County. Kathy Haigh participated in the Zoom meeting. Kathy brought up the two proposals received to purchase some of the Housing Authority properties. She noted there are three funding sources for the properties so that complicates trying to sell the property. Kathy stated the Housing Authority needs a Director/Secretary position with an office where the files are stored,possibility a.5FTE. Frank stated if the County went out for an Executive Director position,it would be$50K to$90K. Cmmr.Neatherlin stated it's not a county office and the Housing Authority needs to make these decisions. Cmmr. Shutty brought up the change in law that allows the County to financially assist the Housing Authority. Kathy noted there is not a Housing Authority Board. Cmmr. Shutty asked if,because there is not a Housing Authority Board, the County Commission steps in to provide a quorum. He supports advertising for new Housing Authority Board members. Cmmr. Shutty asked if there is funding available in the current housing funds. Dave/Lydia believe the existing housing funding can be used for capital improvements,but not a staffing position. Lydia suggested the county do some additional research to know if the properties are sustainable. Dave recommended a team be formed to include himself,Frank,a Commissioner,Tim Whitehead, Kathy Haigh,Todd or Casey to research what options are available for the Housing Authority. A county team will be formed that includes Cmmr.Neatherlin;Frank will bring forward the cost of a yellow book appraisal on the properties;news release will be issued for new members and Frank will bring forward the cost of staff. 9:50 A.M. Community Services—Dave Windom Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Request approved to pay Josh Luck,Building Inspector V, 10%lead pay effective October 1, 2020 through September 30,2021. • Approved to post and fill for two Building Inspector positions. • Approved to post and fill a Community Services Pandemic Response Community Health Specialist I,II,III and will be placed on the October 20 agenda. • Request for permit software upgrades to SmartGov at a cost of approximately$10,000(CARES Act)the first year and about$5,000 thereafter. • Health Care Authority Contract K3929 Amendment 2 was approved to move to Action Agenda. 10:20 A.M. Economic Development Council—Jennifer Baria Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Jennifer presented a framework for providing additional grants to local businesses. With the current deadline for spending the money, it is a very tight timeline. The Commissioners are supportive of allowing business that have already received funding,to receive additional funding. Businesses that have not received previous funding would receive a higher score. The Board agreed for the EDC to open the application process and start marketing the grant process with the level of funding to be determined. The review panel will review the grant applications with each Commissioner,by district. EDC will provide information on who receives grant awards. Cmmr. Neatherlin brought up additional funding to EDC for the staffing/operational costs. Cmmr. Shutty agreed that EDC needs additional support and asked for a proposal from EDC. Discussion of whether to include non-profits,501 C3. 501 C6 are not eligible. Jennifer suggested allowing 5010 associations to apply for funding and bring those applications to the County for approval. 10:45 A.M. Mason Transit Authority—Danette Brannin Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Letter of support for the grant application to WA State Department of Transportation for vehicles. an ti Board of Mason County Commissioners'Briefing Meeting Minutes October 19,2020 10:50 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Approval to move forward the following resolutions: county bridge limits;County load/speed restrictions and emergency closing orders for county roads. • Approval to solicit for road maintenance surfacing materials for 2021 and vehicle/equipment towing and tire repair services by using the County Vendor Roster. • Richard presented options for Eells Hill Transfer Station outbound scale replacement. The recommendation is to replace the scale with concrete foundation at a cost of$130,000 in 2021. This will be discussed at the 2021 budget workshop. • Request to fill a vacated Road Operations&Maintenance Supervisor position was approved. • Approval to fill a vacated Solid Waste Attendant I position. • Approval to pay Kevin Guijosa, Solid Waste Attendant III,lead pay until the Solid Waste Manager position is filled and trained 11:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Trask,Neatherlin and Shutty met in Closed Session with Frank Pinter from 11:30 a.m.to 12:15 p.m. 2021 Budget Workshops 2:00 p.m. Community Development—Dave Windom Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. Dave shared his 2021 budget request that includes four PLR's that have been addressed—Permit Specialist, 10%Lead Pay Building Inspector,Planner,consolidate two manager positions into one higher paid position. Casey Bingham reviewed the Public Health PLR's. There was a discussion about the TST transfer to the Jail that has been$150,060. Jenn said there is a meeting tomorrow with staff to discuss this. Cmmr. Shutty brought up the ask from the Sheriffs Office for a mental health officer;he suggested modeling after Kitsap County for a mental health navigator that could be paid with TST,separate from the$150K transfer to the jail. The Current Expense transfer-in amount was discussed. This covers services that do not have grant funding or fees,such as communicable disease. Jenn noted the Public Health ending fund balance is$457K. The Board agreed to leave the transfer as budgeted. 2:30 p.m. Support Services—Frank Pinter Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. Jenn presented the Support Services 2021 budget request that includes Non-Departmental. There is a request for$100K to the Motor Pool for pursuit vehicle replacement and$60,000 for insurance. Cmmr. Shutty pointed out the vehicle reserve can be used. Cmmr.Neatherlin suggested increasing the budget for EDC to$90,000 from the#103 Fund. Cmmrs. Shutty and Trask are good with a placeholder of$90K and see what is requested from EDC. There was discussion of budgeting a certain amount from REET 2 per Commissioner District. Cmmr.Neatherlin asked Frank to review Support Services Department to see if there is a need for any additional staff. In the past,Support Services has suffered staff reductions and in light of adding staff to other departments it is time to review what areas are lacking staff. Commissioners Shutty and Trask agreed and asked staff to bring forward a request. 3:00 p.m. Public Works/Utilities—Loretta Swanson Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. Loretta Swanson reviewed Public Works 2021 budget. They are keeping one ER&R mechanic position vacant at this time. Staff reviewed the 14 PLR's that include$50K for renting some equipment rather than purchasing; $1.2M equipment purchase for Roads. There was discussion of purchasing some equipment in 2020.$300,000 for close out of the salt shed. Board of Mason County Commissioners'Briefing Meeting Minutes October 19,2020 Jenn believes the ending fund balance of Roads Fund is a bit low at$11.5M: Loretta believes they will under-expend professional service budget line so the fund balance will increase. After the PLR changes have been made,the budget can be reviewed to see if additional funding can be committed to the"new road construction"reserve. Paths&Trails—possible to use as match for dike work on Roessel Road. Skokomish Flood Zone Fund-discussion of local match for construction in Skokomish Valley. It's around$6.7M. This involves a bridge loan and revenue from the Conservation District to pay for the loan. Cmmr.Neatherlin suggested adding funding to this fund. There was discussion of adding up to$50K and Jenn asked the source. This fund is no longer collecting revenues. Staff will provide further review and bring this back. Fund 402—Landfill. Approval to move PLR 11 to maintenance;PLR 12 should be zeroed out; PLR 6 request for new scales at a cost of$156,499 was moved to maintenance;PLR 7,$2,343,615 for trailer and equipment purchase and modification of receiving area to internalize recycling. Richard Dickinson reported this would only amount to about a monthly savings of$780 to the County. An additional staff person would also have to be hired. This will stay as a PLR for now. There will be further discussions on this. Fund 403—North Bay PLR 16 moved to maintenance. Fund 404 will be deleted and the funds will be disbursed among the remaining utility funds. Rustlewood needs a water pressure reducer at a cost of$15K and upgraded electrical system at the pump. Staff will bring forward additional information. PLR 15 approved to move to maintenance. Jenn noted that REET 2 funding may be eligible for some of the projects. Fund 412,PLR's 13 and 14 approved to move to maintenance. Fund 428 PLR's approved to move to maintenance. Fund 501 PLR 9 for$1.2M equipment purchase has been discussed. The meeting adjourned at 5:01 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 26,2020 Monday,October 26,2020 9:00 A.M. Executive Session RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask,Neatherlin and Shutty met in an Executive Session with Tim Whitehead and Mike Dorcy from 9:00 a.m.to 10:15 a.m.Judge George Steele attended the first session and Frank Pinter attended the second session. 10:25 A.M. Support Services—Frank Pinter Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Request to amend Non-Represented Salary Scale to reflect a 2%general wage increase effective 1/1/21 to maintain parity with members of the current Collective Bargaining Agreements was approved to move forward. • Amendments to the Personnel Policies to include changing how the Comp Time is paid out and add Christmas Eve as a holiday approved to move forward. • Frank reviewed CARES Act Expenditures. Right now,considering the approved expenditures,the funding is overspent by$236,000. Hood Canal Communications request of$105,000 for delinquent accounts—Cmmr.Trask supports as a utility;Cmmr. Shutty is concerned that approving this opens up the process for other cable companies to request funding and believes they could apply to EDC for funding as a business; Cmmr. Neatherlin also believes they can apply to EDC for funding. $780K for body worn and vehicle cameras—Cmmr. Shutty noted this commits the County to adding staff in 2021 at a cost of about$80K. Cn=.Neatherlin is concerned if funding becomes available the County may not be eligible if it is already funded;YMCA,$13K and North Mason Boys &Girls Club for daycare assistance—Cmmrs. Shutty and Trask are supportive of funding. Frank pointed out the County can apply the CARES Act funding to public safety employee salaries and we can apply for separate funding for some of the expenditures. Funding is available until November 30,2020 and the request has to be submitted by December 15. Conclusion was to remove the request for Sheriff cameras and consider it in next year's budget and increase the public safety salary request. Under the Public Health CARES Act dollars,about$400K has been identified for Public Health salaries. • Request to purchase a two Jefferson Audio Video Systems(JAV'S)for Building 10 was approved as a sole source purchase. AOC funding will be used for one system and the other purchased from the Trial Court Improvement Fund. • Review of contract with EDC for 211 round of COVID funding to businesses was approved to move forward for a total amount of up to$300K allowing up to$1OK for businesses with less than 20 employees and up to$20K for businesses with 21 or more employees and up to$1 OK for up to four non-profits. • Permit fee to City of Shelton for Building 10 and change orders were approved for November 3 agenda and will be funded from REET 1. • Weapons screening and campus security contract with Pacific Security approved to move forward. Cmmr.Shutty noted that we need to plan for security services at Building 10. • Cmmr.Neatherlin stated Bremerton will be the fiduciary agent for the Gorst Coalition and he will bring forward additional information. 10:35 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Hearing Examiner recommendation for Road Vacation 405 was approved to move forward. Board of Mason County Commissioners'Briefing Meeting Minutes October 26,2020 • Approval for call for bids for 2021 paint line,asphalt emulsion,culvert pipe and lining, manufacturing and stockpiling of chip seal aggregate and asphaltic materials. • The private line occupancy permit for Lettuce Loaf,LLC approved to place on agenda. • Request for a special market value purchase of two bucket trucks for the road crew to use for cutting back overhead vegetation approved. • Next week the public hearings are scheduled for the 2021-2026 6-year TIP and 2021 annual construction program. Cmmr. Shutty would like to consider adding more gravel road upgrades and connectivity between Log Yard Road and Port of Bremerton; Cmmr. Neatherlin noted the importance of the Rasor Road connection and Romance Hill Road. 11:15 A.M. Sheriff s Office—Sheryl Hilt Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Sheryl provided a YTD budget status for the Sheriff s office and believes they will be over spent by about$217K by year end. The Board wants to review the budget. Undersheriff Adams stated they have filled most of their positions and have had several staff injuries that have caused some overtime issues to meet minimum staffing requirements. The Board recessed at 11:50 a.m. 2:00 P.M. Review of 2021 budget requests made to date Commissioners Trask,Neatherlin and Shutty attended the meeting via Zoom. • Jennifer reviewed the current status of the budget. PLR's approved by the Board is at $874,291;total additions to General Fund since 10/5/20 is$918,369. The 2021 Budget Level 3 is at$40,800,379 excluding ending fund balance. • 2%salary increase for General Fund is$75,162;$54,660 for other funds;pay out for non-union comp time is a minimal cost and could be covered by overtime budgets. - • The General Services CBA cost is not included in the 2021 budget;the estimated cost to Current Expense is$35K. • Levy shift in lieu of diversion;Jenn provided information on three options-$500K,$1M or$2.16M. • The Courthouse Security budget doesn't include any contract increase. Jenn will also provide the costs to operate Building 10. Jenn will provide details on the approved PLR's.Motorpool rates will also be reviewed next Monday. • The Board wants to know what are one-time expenditures and revenues. Expenditures are higher than revenue. The meeting adjourned at 2:30 p.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North V Street, Shelton,WA October 20, 2020 1. Call to Order—The Chairperson called the regular meeting to order at 9:04 a.m. 2. Pledge of Allegiance—Cmmr. Neatherlin led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3— Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Micah Sanders and Jann Goodpaster sent in applications for the Historic Preservation Commission. 4.1.2 Washington State Liquor and Cannabis Board sent in a liquor license due to expire and a liquor license application for Westside Pizza. 4.2 Pat Grover presented a Mason County Nloxious Weed Control Board News Release. 4.3 The County Commissioners presented a Mason County Recognizes 21 Employees for Years of . Service News Release. 4.4 Chair Trask presented a Solicit for Housing Authority Board of Commissioners Members News Release. 4.5 Cmmr. Shutty presented an Announcement of Public Works Bid Award for the Valley Rose Drive Culvert and Alexander North Shore Road Wall Projects. 5. Open Forum for Citizen Input— No public comment received. 6. Adoption of Agenda - Cmmr. Neatherlin/Shutty moved and seconded to adopt the agenda as presented. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes— Cmmr. Shutty/Neatherlin moved and seconded to adopt the October 5, 2020 and October 13, 2020 Briefing Minutes; October 6, 2020 Regular Meeting Minutes; and October 13, 2020 Special Meeting Minutes as published. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8074957-8075278 $ 1,372,585.89 Direct Deposit Fund Warrant # 71899-72287 $ 736,808.24 Salary Clearing Fund Warrant # 7005468-7005503 $ 1,022,798.80 Treasurer Electronic Remittances $ 163,120.80 8.2 Approval to amend Resolution # 33-18 Housing and Behavioral Health Advisory Board to update the membership sources to include federally recognized tribes and to allow the Advisory Board to vote in Ex-Officio, non-voting members to serve in a consultative role such as the medical officer, managed care organizations, and/or school districts. Resolution # 2020-79 (Exhibit A) 8.3 Approval to enter into a contract extension with MasonWebTV.com for live streaming services of regular Commission meetings and Board of Health meetings for 2021. The rate per regular meeting is $75 for up to 2 hours and each additional hour is $25. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS October 20, 2020— Page 2 8.4 Approval to sign letter of support for Mason Transit Authority for the grant application being submitted to Washington State Department of Transportation (WSDOT). 8.5 Approval of contract amendment 17 for the Consolidated Contract# CLH18253 to increase funds by $1,741,272 to support Public Health's COVID-19 Response. 8.6 Approval to amend the contract between Healthcare Delivery Services and Mason County Jail increasing the cost of nursing services from $57 per hour to $60 per hour for both the Jail and Administrative nurses. 8.7 Approval of a resolution refinancing the 2008 LTGO, 2019 LTGO, and DOE Loans # L0800017, L1000026, L1100013 to be known as the Mason County Limited Tax General Obligation Refunding Bond 2020A with Columbia Bank. Resolution 2020-80 (Exhibit B) 8.8 Approval of a resolution refinancing the 2008A LTGO to be known as the Mason County Limited Tax General Obligation Refunding Bond 2021 with Cashmere Valley Bank. Resolution 2020-81 (Exhibit C) 8.9 Approval of a resolution refinancing.the 2008A GTGO to be known as the Mason County Limited Tax General Obligation Refunding Bond 2020B with North Cascades Bank. Resolution 2020-82 (Exhibit D) 8.10 Approval to create, post and hire a Community Services Pandemic Response Community Health Specialist that is a union position tied directly to COVID-19 funding or Foundational Public Health (FPHS) funding through June 2021. 8.11 Approval to pay Josh Luck, Building Inspector V, 10% Lead Pay effective October 1, 2020 through September 30, 2021. 8.12 Approval to authorize Chair Trask to sign the letter requesting the deadline for COVID-19 funding be extended beyond the November 30, 2020 deadline. 8.13 Approval to pay Kevin Guijosa, Solid Waste Attendant III, lead pay until the Solid Waste Manager position is filled and trained. Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.13. Motion carried unanimously. N-aye; S-aye;T-aye. The Commissioners expressed their support of items 8.7 through 8.9 to save the taxpayers money and to also take advantage of the low rates and flexibility. A special thank you went out to Lisa Frazier and the Financial Department for their hard work in putting the financial resolutions together. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items set for a certain time— No public hearings scheduled at this time. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:29 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS October 20, 2020— Page 2 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner Ekhtb►+ A Resolution No. 2020_*I Amendment to Resolution 33.-18 to expand advisory board membership and Mason County Code Chapter 2.80. A Resolution Establishing a Mason County Housing and Behavioral Health Advisory Board on Housing, Homelessness, Mental Health and Substance Use Disorder Treatment WHEREAS, housing is a factor that influences health (i.e. a social determinate of health), especially affordable housing, and is a community challenge that is common to all low-income housing, homeless, mental health, and substance use disorder providers; WHEREAS, Mason County receives approximately $1,800,000 through the Consolidated Homeless Grant, local document recording fees and the 1/10 of 1% Sales and Use Tax(i.e. Treatment Sales Tax) for mental health and substance use disorder treatment; WHEREAS, Document Recording Fee statute RCW 43.185C.050 - Local Homeless Housing Plans section (2)(g) requires counties to measure progress through the "Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals"; WHEREAS, previous groups that were formed to identify needs, develop plans, and evaluate request for proposals and make funding recommendations have varied each year resulting in challenges in consistency; WHEREAS, the Mason County Board of Commissioners wishes to form a Housing and Behavioral Health Advisory Board to strategically align the housing, homelessness, mental health and chemical dependency grant awards to improve the health of Mason County residents; WHEREAS, advisory board membership structure did not list federally recognized tribes as a source of membership and ex officio, non-voting members to serve in a consultative role as community needs may change; NOW, THEREFORE BE IT RESOLVED by Mason County Code Chapter 2.80 and the Mason County Board of Commissioners that a Mason County Housing and Behavioral Health Advisory Board be established with the following sources for membership: • One County Commissioner, designated as Chair • One City Council Member • One Board of Health member that is not a county commissioner • Social Services Funder • One representative from each tribal nation with land holdings in Mason County, and • Up to three (3) Mason County residents, not employed by Mason County, but not to exceed one resident per Mason County Commissioner district. • All members shall serve a four-year term. Board members may appoint by vote Ex Officio, non-voting members to serve in a consultative role (e.g. medical officer, managed care organizations, school districts). Mason County elected officials, department directors, staff, non-profit Executive Directors and Board Members should serve as a resource to the Housing and Behavioral Health Advisory Board and attend meetings as requested. Resolution No. 2.020•3-9 The Housing and Behavioral Health Advisory Board shall review and develop recommendations to Mason County's Department of Community Services and County Commissioners in the areas of: a. Funding prioritization and gap identification which can be addressed utilizing available funding sources; b. Requests for Proposals (RFP): review, evaluate, score and provide funding recommendations to Mason County Community Services to ensure funding is prioritized in the areas of greatest need; c. Set community and program goals and ensure alignment of strategic plans; d. Examine and evaluate the identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals; e. Development and/or approval of Policies and Procedures related to the request for proposal process, contract monitoring, performance and corrective actions; and f. Define opportunities to better manage services and expected outcomes. A report containing recommendations on funding priorities should be received by the Board of Commissioners by January 31, of each calendar year beginning in 2019, unless extended by the Board of Commissioners. Housing and Behavioral Health Advisory Board meetings shall be subject to the Open Public Meetings Act and members will be required to attend, at no cost to themselves, Open Public Meetings Act and Public Record Act trainings made available by Mason County. Dated this 20 th day of October 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie S6hith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Ran4 Neat rl n, Commissioner Tim White �, Ch�&DPA�� Kevin Shu y, tommissioner E (%\ok g MASON COUNTY, WASHINGTON RESOLUTION NO. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a $7,259,095 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2020A to Columbia State Bank to provide funds necessary to repay certain loans and refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants of the bond; and providing for other related matters. Passed October 20, 2020 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 4 FG:54017288.3 TABLE OF CONTENTS* Section1 . Definitions............................................................................................................... 1 Section 2 . Findings and Determinations.................................................................................. 3 Section 3 . Authorization of the Bond......................................................................................4 Section 4 . Description of the Bond.......................................................................................... 5 Section 5 . Bond Registrar; Registration and Transfer of the Bond......................................... 5 Section 6 . Form and Execution of the Bond............................................................................ 6 Section7 . Payment of the Bond............................................................................................... 6 Section 8 . Funds and Accounts; Deposit of Proceeds.............................................................. 6 Section9 . Prepayment............................................................................................................. 7 Section 10 . Failure To Pay the Bond......................................................................................... 7 Section 11 . Pledge of Taxes....................................................................................................... 7 Section 12 . Tax Covenants; Designation ,of the Bond as a "Qualified Tax-Exempt Obligation."............................................................................................................. 8 Section 13 . Refunding or Defeasance of the Bond.................................................................... 8 Section 14 . Refunding of the Refunded Bonds.......................................................................... 9 { --- Section 15 . Call for Redemption of the Refunded Bonds........................................................ 10 Section 16 . Findings with Respect to Refunding...................................................................... 11 Section 17 . Sale and Delivery of the Bonds. ........................................................................... 11 Section 18 . Reporting Requirements............................................................................:.......... 11 Section 19 . Supplemental and Amendatory Resolutions......................................................... 11 Section 20 . General Authorization and Ratification................................................................ 11 Section21 . Severability........................................................................................................... 12 Section 22 . Effective Date of Resolution................................................................................. 12 *The cover page, table of contents and section headings of this resolution are for convenience of reference only, and shall not be used to resolve any question of interpretation of this resolution. -1- FG:54017288.2 - MASON COUNTY,WASHINGTON RESOLUTION NO. 2010-RO A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a $7,259,095 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2020A to Columbia State Bank to provide funds necessary to repay certain loans and refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants.of the bond; and providing for other related matters. THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON,DOES RESOLVE AS FOLLOWS: . Section 1. Definitions. As used in this resolution, the following capitalized terms shall have the following meanings: (a) "414 W Franklin Property Loan" means the outstanding loan from a private individual dated January 1,2019 in the original principal amount of$618,750. (b) "2008 Bonds"means the County's Limited Tax General Obligation Bonds, 2008, issued pursuant to Resolution No. 21-08. -- (c) "202013 Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond,2020B, expected to be issued simultaneously with this Bond. (d) "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds--State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding or defeasance of the Refunded Bonds as authorized by this resolution. (e) "Board" means the Board of Commissioners of Mason County, the general legislative authority of the County. (f) "Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2020A, issued pursuant to and for the purposes provided in this resolution. (g) "Bond Counsel"means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the County with a nationally recognized standing as bond counsel in the field of municipal finance. (h) "Bond Fund"means the "Limited Tax General Obligation Refunding Bond Fund, 2020A"created for the payment of the principal of and interest on the Bond. (i) "Bond Purchase Agreement" means the offer of Purchaser dated September 16, 2020 to purchase the Bond, setting forth certain terms and conditions of the issuance, sale and -1- FG:54017288.2 delivery of the Bond, accepted by the Treasurer on behalf of the County on September 29, 2020, and acceptance of which is hereby ratified and affirmed. (j) "Bond Register"means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bond. (k) "Bond Registrar" means the County Treasurer or any successor bond registrar selected for the Bond. (1) "Code"means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) "County" means Mason County, Washington, a municipal corporation duly organized and existing.under the laws of the State. (n) "DOE Loans" means the County's outstanding loans from the Washington State Department of Ecology set forth in the table below. Original Issue Principal Principal Amount Loan No. Date Project Amount Outstanding L0800017 02/2010 Belfair Wastewater Collection $3,118,464 $1,771,651.73 System Construction L1000026 03/2013 Belfair Wastewater DOE Loan 4,183,300 2,702,572.67 L1100013 03/2013 Belfair Wastewater Reclamation 1,178,780 761,536.94 (o) "Fiscal Agent"means the fiscal agent of the State, as the same may be designated by the State from time to time. - (p) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (q) "Issue Date" means, with respect to the Bond, the date of initial issuance and delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. (r) "Purchaser"means Columbia State Bank, its successor or assigns, as purchaser of the Bond. (s) "Refunded Bonds" means the outstanding 2008 Bonds maturing in the years 2021, 2023, 2025 and 2027, the refunding of which has been provided for by this resolution. (t) "Refunding Plan"means: (1) the placement of sufficient proceeds of the Bond which, with other money of the County, if necessary, will be deposited with the Refunding Trustee or may be used to acquire the Acquired Obligations to be deposited, along with cash, if necessary, with the �. Refunding Trustee; -2- FG:54017288.2 (2) the payment of the principal of and interest on the Refunded Bonds when �. due up to and including November 27, 2020 and the call,payment, and redemption on such date, of all of the then-outstanding Refunded Bonds at a price of par; and (3) may include the payment of the costs of issuing the Bond and the costs of carrying out the foregoing elements of the Refunding Plan. (u) "Refunding Trust Agreement" means a Refunding Trust Agreement between the County and the Refunding Trustee. (v) "Refunding Trustee" means U.S. Bank National Association, the trustee or escrow agent or any successor trustee or escrow agent serving as refunding trustee to carry out the Refunding Plan. (w) "State"means the State of Washington. Section 2. Findings and Determinations. The County takes note of the following facts and makes the following findings and determinations: (a) Repayment of 414 W Franklin Property Loan. The County has an outstanding loan from a private individual bearing interest at the rate of 4.50% used to provide funds to finance the acquisition of the Olsen Furniture building, dated January 1, 2019, originally issued in the principal amount of $618,750 and currently outstanding in the principal amount of $417,801.64 (the "414 W Franklin Property Loan"). After due consideration, it appears to the Board that the 414 W Franklin Property Loan may be repaid by the issuance and sale of the Bond authorized herein. (b) Repayment of DOE Loans. The County has the outstanding.loans from the Washington State Department of Ecology that were originally issued on the dates and in the principal amounts, bear interest at the rates and are currently outstanding in the principal amounts, all as set forth in the table below (the"DOE Loans"). Original Issue Interest Principal Principal Amount Loan No. Date Purpose Rate. Amount Outstanding L0800017 02/2010 Belfair Wastewater 3.10% $3,118,464 $1,771,651.73 Collection System Construction L1000026 03/2013 Belfair Wastewater DOE 2.80 4,183,300 8,702,572.67 Loan L1100013 03/2013 Belfair Wastewater 2.80 1,178,780 761,536.94 Reclamation After due consideration, it appears to the Board that all of the DOE Loans listed above shall be repaid by the issuance and sale of the Bond authorized herein. -3- FG:54017288.2 (c) Authority and Description of the Refunding Plans. i (1) Pursuant to Resolution No. 21-08, the County heretofore issued its $3,170,000 par value Limited Tax General Obligation Bonds, 2008 (the "2008 Bonds"), for the purpose of providing a portion of the funds needed to purchase property at Third and Pine, located adjacent to the County Government Complex in Shelton, and by that resolution reserved the right to redeem the 2008 Bonds maturing on and after December 1, 2018, prior to their maturity on or after June 1, 2018, at a price of par plus accrued interest to the date fixed for redemption(the"Refunded Bonds"). (2) There are presently$1,895,000 par value of Refunded Bonds outstanding. (3) After due consideration, it appears to the Board that all of the Refunded Bonds shall be refunded by the issuance and sale of the Bond authorized herein so that a savings will be effected by the difference between the principal and interest cost over the life of the Bond and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan. (d) Debt Capacity. The maximum amount of indebtedness authorized by this resolution is $7,259,095. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the County for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the County as ;. ascertained by the last preceding assessment for County purposes for collection in the calendar i_ year 2020 is $8,724,563,720. (2) As of July 31, 2020, the County had limited tax general obligation indebtedness, consisting of bonds and loans outstanding in the principal amount of$25,301,857, including the Refunded Bonds, the 414 W Franklin Property Loan, the DOE Loans, certain Department of Ecology loans that will not be repaid with proceeds of the Bond, and any outstanding debt expected to be repaid with proceeds of the 2020B Bond which is incurred within the limit of up to l V2% of the value of the taxable property within the County permitted for general municipal purposes without a vote. (3) As of July 31, 2020, the County had no unlimited tax general obligation indebtedness. (e) The Bond. For the purpose of providing the funds necessary to (i)repay the 414 W Franklin Property Loan and the DOE Loans, (ii) carry out the Refunding Plan and(iii)pay the costs of issuance and sale of the Bond, the Board finds that it is in the best interests of the County and its taxpayers to issue and sell the Bond to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement for the Bond. Section 3. Authorization of the Bond. The County shall borrow money on the credit of the County and issue the Bond evidencing indebtedness in the amount of $7,259,095 to provide funds necessary to (i)repay the 414 W Franklin Property Loan and the DOE Loans, (ii) carry out the Refunding Plan and (iii)pay the costs of issuance and sale of the Bond. Any -4- FG:54017288.2 remaining proceeds of the Bond, after payment of costs of issuance, shall be deposited into the 1. Bond Fund to pay interest and principal on the Bond on its first interest payment date. Section 4. Description of the Bond. The Bond shall be called the "Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2020A," and shall be issued in the aggregate principal amount of$7,259,095. The Bond shall be dated October 27, 2020, shall mature on December 1, 2032, and shall bear interest at the rate of 1.95% per annum as set forth in Exhibit A (computed on the basis of a 360-day year of 12 30-day months), payable semiannually on each June 1 and December 1, commencing June 1, 2021. Principal on.the Bond shall be payable annually on each December 1, commencing December 1, 2021, as set forth in Exhibit A,which is attached to this resolution and incorporated by this reference. The interest rate on the Bond will increase to 2.4684% (the interest rate on the Bond divided by 0.79) in the event of a nonpayment of the Bond by the County, or if the interest on the Bond becomes included in gross income for federal income tax purposes. Section 5. Bond Registrar; Registration and Transfer of the Bond. Pursuant to RCW 39.46.030(4) the County Treasurer shall serve as initial fiscal agent for the County (the "Bond Registrar") with respect to the Bond and is authorized, on behalf of the County, to authenticate and deliver the Bond in accordance with the provisions of the Bond and this resolution. The Bond shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the owner of the Bond. Upon a determination by the County Treasurer that maintenance of the duties of the Bond Registrar is no longer convenient, the Fiscal Agent shall act as Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its office, sufficient books for the registration, assignment or transfer of the Bond, which books shall be open to inspection by the County at all times. The Bond Registrar is authorized, on behalf of the County, to authenticate and deliver the Bond transferred or exchanged in accordance with the provisions of the Bond and this resolution, to serve as the County's paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this resolution. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bond. The Bond may be assigned or transferred only in whole by the Purchaser to a single investor that is a financial institution or an entity reasonably believed to be a qualified institutional buyer within the meaning of the applicable federal securities laws. The transferee shall sign a certificate substantially in the form attached to the Bond. Any transfer shall be without cost to the owner or transferee, except for governmental charges imposed on any such transfer or exchange. The Bond Registrar shall not be obligated to exchange or transfer the Bond during the 15 days preceding any payment or prepayment date. When the Bond has been paid in full, both principal and interest, the Bond shall be surrendered to the Bond Registrar, who shall cancel the Bond. -5- FG:54017288.2 Section 6. Form and Execution of the Bond. (a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this resolution and State law. The Bond shall be signed by the Chair of the Board and the Clerk of the Board, either or both of whose signatures may be manual or in facsimile, and the seal of the County or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the County authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the County, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the County as though that person had continued to be an officer of the County authorized to sign bonds. Any Bond also may be signed on behalf of the County by any person who, on the actual date of signing of the Bond, is an officer of the County authorized to sign bonds, although she or he did not hold the required office on its Issue Date. (b) Authentication. Only the Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution: "Certificate of Authentication. This Bond the fully registered Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2020A." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this resolution. Section 7. Payment of the Bond. Principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal of and interest on the Bond is payable by electronic transfer on the payment date, unless payment by check or draft of the Bond Registrar is permitted by the Purchaser, and sent to the Purchaser so that the Purchaser receives said payments when due at the address appearing on the Bond Register on the 151' day of the month prior to the payment date. The Bond is not subject to acceleration under any circumstances. Upon receipt of the final payment of principal of and interest on the Bond, whether at maturity or upon prepayment, the Purchaser shall present and surrender the Bond to the Bond Registrar to be destroyed or cancelled in accordance with law. The County and the Bond Registrar may deem and treat the Purchaser as the absolute owner of the Bond for the purpose of receiving payment of principal and interest and for all other purposes, and neither the County nor the Bond Registrar shall be affected by any notice to the contrary other than proper notice of assignment or transfer. _ Section 8. Funds and Accounts; Deposit of Proceeds. (a) Bond Fund. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bond. Bond proceeds in excess of the amounts needed to repay the 414 W Franklin Property Loan and the DOE Loans, carry out the Refunding Plan and pay the costs of issuance of the Bond, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bond shall be deposited in the -6- FG:54017288.2 Bond Fund as necessary for the timely payment of amounts due with respect to the Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund, and until needed for this purpose, the County may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and be used for the purposes of that fund. (b) 414 W Franklin Property Loan Fund. Proceeds of the Bond used to repay the 414 W Franklin Property Loan will be deposited into the 414 W Franklin Property Loan fund, or sent directly to the registered owner of the instrument evidencing the 414 W Franklin Property Loan, and used promptly upon receipt thereof to pay in amounts sufficient to pay the 414 W Franklin Property Loan in full. (c) DOE Loans Fund.'Proceeds of the Bond used to repay the DOE Loans will be deposited into the DOE Loans fund, or sent directly to the registered owner of the instrument evidencing the DOE Loans, and used promptly upon receipt thereof to pay in amounts sufficient to pay the DOE Loans in full. Section 9. Prepayment. The County reserves the right and option to prepay and redeem at any time on and after the fifth anniversary of its Issue Date any or all of the principal amount of the Bond outstanding at par plus accrued interest to the date of prepayment. The County shall provide the Purchaser with 15 days' written notice of any intended prepayment prior to such prepayment date. Interest on the principal amount of the Bond called for prepayment shall cease to accrue on the date fixed for prepayment unless the principal amount called for prepayment is not paid on the prepayment date. Section 10. Failure To Pay the Bond. If the Bond is not redeemed when properly presented at its maturity date or date fixed for prepayment, the County shall be obligated to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner. Section 11. Pledge of Taxes. The Bond constitutes a general indebtedness of the County and is payable from tax revenues of the County, and such other money as is lawfully available and pledged by the County for repaying the Bond. For as long as the Bond is outstanding, the County irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, taking into account other money that is lawfully available, to pay principal of and interest on the Bond as the same becomes due. The full faith, credit and resources of the County are pledged irrevocably for the prompt payment of the principal of and interest on the Bond and such pledge shall be enforceable in mandamus against the County. -7- FG:54017288.2 Section 12. Tax Covenants; Designation of the Bond as a "Qualified Tax Mp t i Obligation,'-' (a) Preservation of Tax Exemption for Interest on the Bond. The County covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the County treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. The County also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bond, including the calculation and payment of any penalties that the County has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bond from being included in gross income for federal income tax purposes. (b) Post-Issuance Compliance. The County Treasurer, or her or his designee, is authorized and directed to review and update the County's written procedures to facilitate compliance by the County with the covenants in this resolution and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. (c) Designation of Bond as a "Qualified Tax-Exempt Obligation. " The County designates the Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations:. (1) the Bond is not a "private activity bond" within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the County and any entity subordinate to the County(including any entity that the County controls, that derives its authority to issue tax-exempt obligations from the County, or that issues tax-exempt obligations on behalf of the County) will issue during the calendar year in which the Bond is issued will not exceed$10,000,000; and (3) the amount of tax-exempt obligations, including the Bond, designated by the County as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed$10,000,000. Section 13. Refunding or Defeasance of the Bond. The County may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a)paying when due the principal of and interest on the Bond (the "defeased Bond"); (b)redeeming the defeased Bond prior to their maturity; and (c)paying the costs of the refunding or defeasance. If the County sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing -8- FG:54017288.2 interest in amounts sufficient to redeem, refund or defease the defeased Bond in accordance with their terms, then all right and interest of the owners of the defeased Bond in the covenants of this resolution and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. Thereafter, the owners of defeased Bond shall have the right to receive payment of the principal of and interest on the defeased Bond solely from the trust account and the defeased Bond shall be deemed no longer outstanding. In that event, the County may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bond to any lawful purpose. Section 14. Refunding of the Refunded Bonds. (a) Appointment of Refunding Trustee. U.S. Bank National Association is appointed as Refunding.Trustee in connection with the Bond. (b) Use of Bond Proceeds;Acquisition of Acquired Obligations. A sufficient amount of the proceeds of the sale of the Bond and other funds of the County, shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the County relating to the Refunded Bonds under Resolution No. 21-08 by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, bearing such.interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations, if acquired, will be listed and more particularly -- described in an exhibit to be attached to the Refunding Trust Agreement between the County and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and pay the costs of issuance of the Bond shall be returned to the County and deposited into the Bond Fund to pay interest on the Bond on the first interest payment date. If payment of the costs of issuance of the Bond is not included in the Refunding Plan, the Bond proceeds that are not deposited with the Refunding Trustee will be deposited with the County to be used to pay the costs of issuance of the Bond. (c) Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the County reserves the right to substitute other direct, noncallable obligations of the United States of America ("Substitute Obligations") for any of the Acquired Obligations and to use any savings created thereby for any lawful County purpose if, (a) in the opinion of the County's bond counsel, the interest on the Bond and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the respective Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations, if any, by the Refunding Trustee, the County reserves the right to substitute therefor cash or Substitute Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to ( carry out the respective Refunding Plans, that such substitution will not cause the Bond or the -9- FG:54017288.2 Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and (. regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the issue dates of the Bond and the Refunded Bonds, as applicable, and that the County obtain, at its expense: (1) a verification by a nationally recognized independent certified public accounting firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the respective Refunding Plans; and (2) an opinion from a nationally recognized bond counsel to the County, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bond, will not cause the interest on the Bond or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bond. Any surplus money resulting from the sale, transfer, other disposition, or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the County to be used for any lawful County purpose. (d) Administration of the Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or substitute obligations), if so directed by the County Treasurer, and to make the payments required to be made by the respective Refunding Plan from the Acquired Obligations (or substitute obligations) and money deposited with the Refunding Trustee pursuant to this resolution. All Acquired Obligations (or substitute obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of Resolution No. 21-08, this resolution, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bond and all other costs incidental to the setting up of the escrow to accomplish the refunding or defeasance of the Refunded Bonds and costs related to the issuance and delivery of the Bond, including bond printing, Bond Counsel's fees, and other related expenses, shall be paid out of the proceeds of the Bond. (e) Authorization for Refunding Trust Agreement. To carry out the respective Refunding Plan, the County Treasurer is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the County Treasurer is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bond are in compliance with the requirements of federal law governing the exclusion of interest on the Bond from gross income for federal income tax purposes. Section 15. Call for Redemption of the Refunded Bonds. The County calls for the repayment on November 27, 2020 of the Refunded Bonds to be refunded at par plus accrued interest. Such calls for redemption shall be irrevocable after the delivery of the Bond to the Purchaser. 4 -10- FG:54017288.2 The proper County officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Resolution No. 21-08 in order to effect the redemption prior to their maturity of the Refunded Bonds. Section 16. Findings with Respect to Refunding. The Board authorizes the issuance of the Bond to achieve debt service savings to the County and finds that it is in the best interest of the County and its taxpayers. The County Treasurer is authorized to purchase Acquired Obligations to be deposited with the Refunding Trustee, together with the income therefrom, and with any necessary beginning cash balance, or will deposit sufficient proceeds into the bond fund of the Refunded Bonds, which will be sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the County under Resolution No. 21-08 with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the County therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such resolutions immediately upon the deposit of such money with the Refunding Trustee. Section 17. Sale and Delivery of the Bond. The Purchaser has presented Bond Purchase Agreement for the Bond to the County offering to purchase the Bond under the terms and conditions provided therein. The Purchaser will charge a fee of$7,259.10 for the Bond, and the County will pay the cost of the Purchaser's counsel. (a) Preparation, Execution and Delivery of the Bond. The Bond will be prepared t at County expense and will be delivered to the Purchaser in accordance with the respective Bond Purchase Agreement, this resolution, together with the approving legal opinion of Bond Counsel regarding the Bond. Section 18. Reporting Requirements. While the Bond is outstanding, the County shall submit to the Purchaser its audited annual financial reports within 30 days after receipt of such annual financial report from the Washington State Auditor, a copy of the County's budget within 30 days of approval, and such additional information as the Purchaser may reasonably request. Section 19. Supplemental and AmendatoKy Resolutions. The County may supplement or amend this resolution for any one or more of the following purposes without requiring the consent of the owner of the Bond: (a) To add covenants and agreements that do not adversely affect the interests of the beneficial owner of the Bond, or to surrender any right or power reserved to or conferred upon the County. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this resolution in a manner that does not materially adversely affect the interest of the beneficial owner of the Bond. Section 20. General Authorization and Ratification. The County Treasurer and other appropriate officers of the County are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions -11- FG:54017288.2 contemplated in connection with this resolution, and to do everything necessary for the prompt delivery of the Bond to the Purchaser and for the proper application, use and investment of the bond proceeds. All actions taken prior to the effective date of this resolution in furtherance of the purposes described in this resolution and not inconsistent with the terms of this resolution are ratified and confirmed in all respects. Section 21. Severability. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 22. Effective Date of Resolution. This resolution shall be effective immediately after its adoption in the manner provided by law. ADOPTED by the Board of County Commissioners of Mason County, Washington at a regular meeting held on October 20, 2020. MASON COUNTY,WASHINGTON By Chair of the'Board of County Commissioners By— CoAnty Commissioner By County Commissioner ATTEST: Clerk of the and -12- FG:54017288.2 EXHIBIT A DEBT SERVICE SCHEDULE-2020A BOND FG:54017288.2 E Bond Debt Service Mason County,Washington LTGO Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Annual Debt Ending Principal Coupon Interest Debt Service Service 6/1/2021 84,145.02 84,145.02 12/1/2021 792,375 1950% 70,776.18 863,151.18 12/31/2021 947,296.20 6/1/2022 63,050.52 63,050.52 12/1/2022 823,455 1950% 63,050.52 886,505.52 12/31/2022 949,556.04 6/1/2023 55,021.93 55,021,83 12/1/2023 836,185 1950% 55,021.93 891,206.83 12/31/2023 946,228.66 6/1/2024 46,869.03 46,869.03 12/1/2024 716,025 1950% 46,869.03 762,894.03 12/32/2024 809,763.06 6/1/2025 39,887.79 39,887.79 12/1/2025 730,990 1.950% 39,887.79 770,877.79 12/31/2025 810,765.58 6/1/2026 32,760.65 32,760.65 �• 12/1/2026 745,870 1950% 32,760.65 779,630.65 12/31/2026 811,391.30 6/1/2027 25,488.39 25,488.39 12/1/2027 760,335 1950% 25,488.39 785,823.39 12/31/2027 811,311.78 6/1/2028 18,075.13 18,075.13 12/1/2028 512,260 1950% 18,075.13 530,335.13 12/31/2028 548,410.26 6/1/2029 13,080.60 13,080.60 12/1/2029 522,245 1950% 13,080.60. 535,325.60 12/31/2029 548,406.20 6/1/2030 7,988.71 7,988.71 12/1/2030 325,845 1950% 7,989.71 333,833.72 12/31/2030 341,822.42 6/1/2031 4,811.73 4,811.73 12/1/2031 332,100 1950% 4,811.73 337,011.73 12/31/2031 341,823.46 6/1/2032 1,572.78 1,572.78 12/1/2032 161,310 1950% 1,572.78 162,882.78 12/31/2032 164,455.56 7,259,095 772,135.52 8,031,230.52 8,031,230.52 i FG:54017288.2 CERTIFICATION I, the undersigned, Clerk of the Board of Commissioners of Mason County, Washington (herein called the "County") and keeper of the records of the Board of Commissioners of the County(herein called the"Board"), DO HEREBY CERTIFY: I. That the attached Resolution is a true and correct copy of Resolution No. 202U•g0 of the County (herein called the "Resolution"), as finally passed at a regular meeting of the Board of the County held on the 20th day of October, 2020, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law (including Proclamation 20-28 made by the Governor of the State of Washington on March 24, 2020, as extended, and acts of the legislative leadership of the State of Washington) and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Board was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the passage of said Resolution; that all other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the County this 20th day of October, 2020. Clerk of Ne Board FG:54017288.2 TABLE OF CONTENTS Mason County,Washington Limited Tax General Obligation Refunding Bond Final as of October 13,2020 Report Page Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . 2 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . . 8 Escrow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Escrow Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Escrow Cash Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Form 8038 Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Cost of Issuance . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 19 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) SOURCES AND USES OF FUNDS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Sources: Bond Proceeds: Par Amount 7,259,095.00 Other Sources of Funds: 12/1/20 Principal 205,000.00 12/1/20 Interest 35,433.75 11/1 and 12/1/20 Principal 19,974.61 11/1 and 12/1/20 Interest 3,096.13 12/31/20 Principal 80,827.44 12/31/20 Interest 27,638.56 371,970.49 7,631,065.49 Uses: Refunding Escrow Deposits: ( Cash Deposit 5,675,218.65 SLGS Purchases 1,929,646.00 7,604,864.65 Delivery Date Expenses: Cost of Issuance 16,440.25 Underwriter's Discount: Bank Fee(Columbia Bank) 7,259.10 Columbia Bank Counsel 2,500.00 9,759.10 Other Uses of Funds: Additional Proceeds 1.49 7,631,065.49 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 1 SUMMARY OF REFUNDING RESULTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Arbitrage yield 2.231299% Escrow yield 0.091744% Value of Negative Arbitrage 3,417.62 Bond Par Amount 7,259,095.00 True Interest Cost 1.976332% Net Interest Cost 1.974646% All-In TIC 2.021156% Average Coupon 1.950000% Average Life 5.455 Par amount of refunded bonds 7,548,562.98 Average coupon of refunded bonds 3.086559% Average life of refunded bonds 5.078 PV of prior debt to 10/27/2020 @ 2.231299% 7,907,564.30 Net PV Savings 379,057.94 Percentage savings of refunded bonds 5.021591% Percentage savings of refunding bonds 5.221835% Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 2 SAVINGS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Present Value Prior Prior Prior Refunding to 10/27/2020 Date Debt Service Receipts Net Cash Flow Debt Service Savings @ 2.2312991% 12/31/2020 371,970.49 371,970.49 -957.37 12/31/2021 . 988,578.56 988,578.56 947,296.20 41,282.36 44,754.73 12/31/2022 990,838.56 990,838.56 949,556.04 41,282.52 43,956.18 12/31/2023 987,513.56 987,513.56 946,228.66 41,284.90 43,034.05 12/31/2024 862,114.37 862,114.37 809,763.06 52,351.31 51,156.44 12/31/2025 851,579.12 851,579.12 810,765.58 40,813.54 39,542.31 12/31/2026 852,204.12 852,204.12 811,391.30 40,812.82 38,697.69 12/31/2027 852,129.12 852,129.12 811,311.78 40,817.34 37,873.63 12/31/2028 571,666.62 571,666.62 548,410.26 23,256.36 22,388.97 12/31/2029 571,666.87 571,666.87 548,406.20 23,260.67 21,946.70 12/31/2030 354,734.62 354,734.62 341,822.42 12,912.20 12,588.19 12/31/2031 354,734.62 354,734.62 341,823.46 12,911.16 12,338.84 12/31/2032 177,367.15 177,367.15 164,455.56 12,911.59 11,736.09 8,787,097.78 371,970.49 8,415,127.29 8,031,230.52 383,896.77 379,056.46 Savings Summary PV of savings from cash flow 379,056.46 Plus:Refunding funds on hand 1.49 Net PV Savings 379,057.95 f Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 3 BOND SUMMARY STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Last Maturity 12/01/2032 Arbitrage Yield 2.231299% True Interest Cost(TIC) 1.976332% Net Interest Cost(NIC) 1.974646% All-In TIC 2.021156% Average Coupon 1.950000% Average Life(years) 5.455 Weighted Average Maturity(years) 5.455 Duration of Issue(years) 5.118 Par Amount 7,259,095.00 Bond Proceeds 7,259,095.00 Total Interest 772,135.52 Net Interest 781,894.62 Total Debt Service 8,031,230.52 Maximum Annual Debt Service 949,556.04 Average Annual Debt Service 664,042.95 Underwriter's Fees(per$1000) Average Takedown Other Fee 1.344396 Total Underwriter's Discount 1.344396 Bid Price 99.865560 Par Average Average PV of 1 by Bond Component Value Price Coupon Life change Bank Loan 7,259,095.00 100.000 1.950% 5.455 3,687.01 7,259,095.00 5.455 3,687.01 All-In Arbitrage TIC TIC Yield Par Value 7,259,095.00 7,259,095.00 7,259,095.00 +Accrued Interest +Premium(Discount) -Underwriter's Discount -9,759.10 -9,759.10 -Cost of Issuance Expense -16,440.25 -Other Amounts Target Value 7,249,335.90 7,232,895.65 7,259,095.00 Target Date 10/27/2020 10/27/2020 10/27/2020 Yield 1.976332% 2.021156% 2.231299% t Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 4 BOND PRICING Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Maturity Bond Component Date Amount Rate Yield Price Bank Loan: 12/01/2021 792,375 1.950% 1.950% 100.000 12/01/2022 823,455 1.950% 1.950% 100.000 12/01/2023 936,185 1.950% 1.950% 100.000 12/01/2024 716,025 1.950% 1.950% 100.000 12/01/2025 730,990 1.950% 1.950% 100.000 12/01/2026 745,870 1.950% 1.950% 100.000 12/01/2027 760,335 1.950% 1.950% 100.000 12/01/2028 512,260 1.950% 1.950% 100.000 12/01/2029 522,245 1.950% 1.950% 100.000 12/01/2030 325,845 1.950% 1.950% 100.000 12/01/2031 332,200 1.950% 1.950% 100.000 12/01/2032 161,310 1.950% 1.950% 100.000 7,259,095 Dated Date 10/27/2020 Delivery Date 10/27/2020 First Coupon 06/01/2021 Par Amount 7,259,095.00 Original Issue Discount Production 7,259,095.00 100.000000% Underwriter's Discount -9,759.10 -0,134440% Purchase Price 7,249,335.90 99.865560% Accrued Interest Net Proceeds 7,249,335.90 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 5 BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Ending Principal Coupon Interest Debt Service 12/31/2021 792,375 1.950% 154,921.20 947,296.20 12/31/2022 823,455 1.950% 126,101.04 949,556.04 12/31/2023 836,195 1.950% 110,043.66 946,228.66 12/31/2024 716,025 1.950% 93,738.06 809,763.06 12/31/2025 730,990 1.950% 79,775.58 810,765.58 12/31/2026 745,870 1.950% 65,521.30 811,391.30 12/31/2027 760,335 1.950% 50,976.78 811,311.78 12/31/2028 512,260 1.950% 36,150.26 548,410.26 12/31/2029 522,245 1.950% 26,161.20 548,406.20 12/31/2030 325,845 1.950% 15,977.42 341,822.42 12/31/2031 332,200 1.950% 9,623.46 341,823.46 12/31/2032 161,310 1.950% 3,145.56 164,455.56 7,259,095 772,135.52 8,031,230.52 l l Oct 13,2020 2:35 pni Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 6 BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2021 84,145.02 84,145.02 12/01/2021 792,375 1.950% 70,776.18 863,151.18 12/31/2021 947,296.20 06/01/2022 63,050.52 63,050.52 12/01/2022 823,455 1.950% 63,050.52 886,505.52 12/31/2022 949,556.04 06/01/2023 55,021.83 55,021.83 12/01/2023 836,185 1.950% 55,021.83 891,206.83 12/31/2023 946,228.66 06/01/2024 46,869.03 46,869.03 12/01/2024 716,025 1.950% 46,869.03 762,894.03 12/31/2024 809,763.06 06/01/2025 39,887.79 39,887.79 12/01/2025 730,990 1.950% 39,887.79 770,877.79 12/31/2025 810,765.58 06/01/2026 32,760.65 32,760.65 12/01/2026 745,870 1.950% 32,760.65 778,630.65 12/31/2026 811,391.30 06/01/2027 25,488.39 25,488.39 12/01/2027 760,335 1.950% 25,488.39 785,823.39 12/31/2027 811,311.78 06/01/2028 18,075.13 18,075.13 12/01/2028 512,260 1.950% 18,075.13 530,335.13 12/31/2028 548,410.26 06/01/2029 13,080.60 13,080.60 12/01/2029 522,245 1.950% 13,080.60 535,325.60 12/31/2029 548,406.20 06/01/2030 7,988.71 7,988.71 12/01/2030 325,845 1.950% 7,988.71 333,833.71 12/31/2030 341,822.42 1.73 06/01/2031 4,811.73 4,81 12/01/2031 332,200 1.950% 4,811.73 337,011.73 12/31/2031 341,823.46 06/01/2032 1,572.78 1,572.78 12/01/2032 161,310 1.950% 1,572.78 162,882.78 12/31/2032 164,455.56 7,259,095 772,135.52 8,031,230.52 8,031,230.52 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 7 J SUMMARY OF BONDS REFUNDED l Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Maturity Interest Par Call Call Bond Date Rate Amount Date Price Jr Lien Loan L0800017,JRLN10: SERIAL 12/31/2020 3.100% 80,827.44 10/27/2020 100.000 06/30/2021 3.100% 82,088.38 10/27/2020 100.000 12/31/2021 3.100% 83,369.00 10/27/2020 100.000 06/30/2022 3.100% 84,669.59 10/27/2020 100.000 12/31/2022 3.100% 85,990.47 10/27/2020 100.000 06/30/2023 3.100% 87,331.96 10/27/2020 100.000 12/31/2023 3.100% 88,694.38 10/27/2020 100.000 06/30/2024 3.100% 90,078.05 10/27/2020 100.000 12/32/2024 3.100% 91,483.31 10/27/2020 100.000 06/30/2025 3.100% 92,910.49 10/27/2020 100.000 12/31/2025 3.100% 94,359.94 10/27/2020 100.000 06/30/2026 3.100% 95,832.00 10/27/2020 100.000 12/31/2026 3.100% 97,327.02 10/27/2020 100.000 06/30/2027 3.100% 98,845.36 10/27/2020 100.000 12/31/2027 3.100% 100,387.40 20/27/2020 100.000 06/30/2028 3.100% 101,953.48 10/27/2020 100.000 12/31/2028 3.100% 103,544.00 10/27/2020 100.000 06/30/2029 3.100% 105,159.34 10/27/2020 100.000 12/31/2029 3.100% 106,800.12 10/27/2020 100.000 1,771,651.73 Jr Lien 2013 1-3000026,JRLN13: SERIAL 04/19/2021 2.800% 100,318.22 10/27/2020 100.000 10/18/2021 2.800% 101,730.80 10/27/2020 100.000 04/18/2022 2.800% 103,163.36 10/27/2020 100.000 10/18/2022 2.800% 104,616.10 10/27/2020 100.000 04/18/2023 2.800% 106,089.30 10/27/2020 100.000 10/18/2023 2.800% 107,583.24 10/27/2020 100.000 04/18/2024 2.800% 109,092.22 10/27/2020 100.000 10/18/2024 2.800% 110,634.53 10/27/2020 100.000 04/18/2025 2.800% 112,192.47 10/27/2020 100.000 10/18/2025 2.800% 113,772.36 10/27/2020 100.000 04/18/2026 2.800% 115,374.49 10/27/2020 100.000 10/18/2026 2.800% 116,999.19 10/27/2020 100.000 04/18/2027 2.800% 128,646.76 10/27/2020 100.000 10/18/2027 2.800% 120,317.54 10/27/2020 100.000 04/18/2028 2.800% 122,011.84 10/27/2020 100.000 10/18/2028 2.800% 123,730.00 10/27/2020 100.000 04/18/2029 2.800% 125,472.36 10/27/2020 100.000 10/18/2029 2.800% 127,239.25 10/27/2020 100.000 04/18/2030 2.800% 129,031.02 10/27/2020 100.000 10/18/2030 2.800% 130,848.02 10/27/2020 100.000 04/18/2031 2.800% 132,690.62 10/27/2020 100.000, 10/19/2031 2.800% 134,559.15 10/27/2020 100.000 04/19/2032 2.800% 136,453.93 10/27/2020 100.000 2,702,572.67 Jr Lien 2013 No.2 1-1100013,JRLN132: SERIAL 04/18/2021 2.800% 28,267.87 10/27/2020 100.000 10/18/2021 2.800% 28,665.93 10/27/2020 100.000 04/18/2022 2.800% 29,069.60 10/27/2020 100.000 10/19/2022 2.800% 29,478.96 10/27/2020 100.000 04/18/2023 2.800% 29,894.08 10/27/2020 100.000 10/18/2023 2.800% 30,315.05 10/27/2020 100.000 04/18/2024 2.8oa% 30,741.94 10/27/2020 100.000 10/18/2024 2.800% 31,174.85 10/27/2020 100.000 04/28/2025 2.800% 31,613.85 10/27/2020 100.000 10/19/2025 2.800% 32,059.03 10/27/2020 100.000 04/18/2026 2.800% 32,510.48 10/27/2020 100.000 10/18/2026 2.800% 32,968.29 10/27/2020 100.000 04/18/2027 2.800% 33,432.55 10/27/2020 100.000 10/18/2027 2.800% 33,903.35 10/27/2020 100.000 04/18/2028 2.800% 34,380.77 10/27/2020 100.000 10/18/2028 2.800%' 34,864.92 10/27/2020 100.000 04/18/2029 2.800% 35,355.88 10/27/2020 100.000 10/18/2029 2.800% 35,853.76 10/27/2020 100.000 t 04/18/2030 2.800% 36,358.65 10/27/2020 100.000 10/18/2030 2.800% 36,870.65 10/27/2020 100.000 04/18/2031 2.800% 37,389.86 10/27/2020 100.000 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 8 SUMMARY OF BONDS REFUNDED Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia-Bank) Maturity Interest Par Call Call Bond Date Rate Amount Date Price Jr Lien 2013 No.2 L1100013,JRLN132: SERIAL 10/18/2031 2.800% 37,916.38 10/27/2020 100.000 04/18/2032 2.800% 38,450.24 10/27/2020 100.000 761,536.94 2019 Property Loan for District Court,LOAN19: SERIAL 11/01/2020 4.500% 9,968.61 10/27/2020 100.000 12/01/2020 4.500% 10,006.00 10/27/2020 100.000 01/01/2021 4.500% 10,043.52 10/27/2020 100.000 02/01/2021 4.500% Sa,081.18 10/21/2020 100.000 03/01/2021 4.500% 10,118.99 10/27/2020 100.000 04/01/2021 4.500% 10,156.93 10/27/2020 100.000 05/01/2021 4.500% 10,195.02 10/27/2020 100.000 06/01/2021 4.500% 10,233.25 10/27/2020 100.000 07/01/2021 4.500% 10,271.63 10/27/2020 100.000 08/01/2021 4.500% 10,310.15 10/27/2020 100.000 09/01/2021 4.500% 10,348.81 10/27/2020 100.000 10/01/2021 4.500% 10,387.62 10/27/2020 100.000 11/01/2021 4.500% 10,426.57 10/27/2020 100.000 12/01/2021 4.500% 10,465.67 . 10/27/2020 100.000 01/01/2022 4.500% 10,504.92 10/27/2020 100.000 02/01/2022 4.500% 10,544.31 10/27/2020 100.000 03/01/2022 4.500% 10,583.85 10/27/2020 100.000 04/01/2022 4.500% 10,623.54 10/27/2020 100.000 05/01/2022 4.500% 10,663.38 10/27/2020 100.000 06/01/2022 4.500% 10,703.37 10/27/2020 100.000 07/01/2022 4.500% 10,743.50 10/27/2020 100.000 08/01/2022 4.500% 10,783.79 10/27/2020 100.000 09/01/2022 4.500% 10,824.23 10/27/2020 100.000 / 10/01/2022 4.500% 10,864.82 10/27/2020 100.000 l_ 11/01/2022 4.500% 10,905.57 10/27/2020 100.000 12/01/2022 4.500% 10,946.46 10/27/2020 100.000 01/01/2023 4.500% 10,987.51 10/27/2020 100.000 02/01/2023 4.500% 11,028.71 10/27/2020 200.000 03/01/2023 4.500% 11,070.07 10/27/2020 100.000 04/01/2023 4.500% 11,111.58 10/27/2020 100.000 05/01/2023 4.500% 11,153.25 10/27/2020 100.000 06/01/2023 4.500% 11,195.08 10/27/2020 100.000 07/01/2023 4.500% 11,237.06 10/27/2020 100.000 08/01/2023 4.500% 11,279.20 10/27/2b2a 100.000 09/01/2023 4.500% 11,321.49 10/27/2020 100.000 10/01/2023 4.500% 11,363.95 10/27/2020 100.000 11/01/2023 4.500% 11,406.56 10/27/2020 100.000 12/01/2023 4.500% 11,449.34 10/27/2020 100.000 01/01/2024 4.500% 11,492.15 10/27/2020 200.000 417,801.64 LTGO Bonds-2008,LTG02008: TERM21 12/01/2020 3.600% 205,000.00 11/27/2020 100.000 12/01/2021 3.600% 215,000.00 11/27/2020 200.000 TERM23 12/01/2022 3.700% 225,000.00 11/27/2020 100.000 12/01/2023 3.700% 230,000.00 11/27/2020 100.000 TERM25 12/01/2024 3.750% 240,000.00 11/27/2020 100.000 12/01/2025 3.750% 250,000.00 12/27/2020 100.000 TERM27 12/01/2026 3.875% 260,000.00 11/27/2020 100.000 12/01/2027 3.875% 270,000.00 11/27/2020 100.000 1,895,000.00 7,548,562.98 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 9 ESCROW REQUIREMENTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Period Principal Ending Interest Redeemed Total 10/27/2020 21,655.34 5,653,562.98 5,675,218.32 11/27/2020 34,646.33 1,895,000.00 1,929,646.33 56,301.67 7,548,562.98 7,604,864.65 t t Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 10 ESCROW DESCRIPTIONS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount , Rate Rate Oct 27,2020: SLGS Certificate 11/27/2020 11/27/2020 1,929,646 0.090% 0.090% 1,929,646 SLGS Summary SLGS Rates File 130CT20 Total Certificates of Indebtedness 1,929,646.00 i l Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 11 ESCROW COST Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Type of Maturity Par Total Security Date Amount Rate Cost SLGS 11/27/2020 1,929,646 0.090% 1,929,646.00 1,929,646 1,929,646.00 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 10/27/2020 1,929,646 5,675,218.65 7,604,864.65 1,929,646 5,675,218.65 7,604,864.65 t Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 12 ESCROW CASH FLOW Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Net Escrow Date Principal Interest Receipts 11/27/2020 1,929,646.00 147.50 1,929,793.50 1,929,646.00 147.50 1,929,793.50 Escrow Cost Summary Purchase date 10/27/2020 Purchase cost of securities 1,929,646.00 1 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 13 ESCROW SUFFICIENCY Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 10/27/2020 5,675,218.32 5,675,218.65 0.33 0.33 11/27/2620 1,929,646.33 1,929,793.50 147.17 147.50 7,604,864.65 7,605,012.15 147.50 1 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 14 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Bank Loan: 12/01/2021 792,375.00 1.950% 100.000 792,375.00 792,375.00 12/01/2022 823,455.00 1.950% 100.000 823,455.00 823,455.00 12/01/2023 836,185.00 1.950% 100.000 836,185.00 836,185.00 12/01/2024 716,025.00 1.950% 100.000 716,025.00 716,025.00 12/01/2025 730,990.00 1.950% 100.000 730,990.00 730,990.00 12/01/202G 745,870.00 1.950% 100.000 745,870.00 745,870.00 12/01/2027 760,335.00 1.950% 100.000 760,335.00 760,335.00 12/01/2028 512,260.00 1.950% 100.000 512,260.00 512,260.00 12/01/2029 522,245.00 1.950% 100.000 522,245.00 522,245.00 12/01/2030 325,845.00 1.950% 100.000 325,845.00 325,845.00 12/01/2031 332,200.00 1.950% 100.000 332,200.00 332,200.00 12/01/2032 161,310.00 1.950% 100.000 161,310.00 161,310.00 7,259,095.00 7,259,095.00 7,259,095.00 (- Stated Weighted l Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 12/01/2032 1.950% 161,310.00 161,310.00 Entire Issue 7,259,095.00 7,259,095.00 5.4548 2.2313% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs(including underwriters'discount) 26,199.35 Proceeds used for credit enhancement 0.00 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to refund prior tax-exempt bonds 7,604,864.65 Proceeds used to refund prior taxable bonds 0.00 Remaining WAM of prior tax-exempt bonds(years) 5.0799 Remaining WAM of prior taxable bonds(years) 0.0000 Last call date of refunded tax-exempt bonds 11/27/2020 2011 Form 8038 Statistics Proceeds used to currently refund prior issues 7,604,864.65 Proceeds used to advance refund prior issues 0.00 Remaining weighted average maturity of the bonds to be currently refunded 5.0799 Remaining weighted average maturity of the bonds to be advance refunded 0.0000 t Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 15 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Refunded Bonds Bond Component Date Principal Coupon Price Issue Price Jr Lien Loan LOSOOO17: SERIAL 12/31/2020 80,827.44 3.100% 100.000 80,827.44 SERIAL 06/30/2021 82,088.38 3.100% 100.000 82,088.38 SERIAL 12/31/2021 83,369.00 3.100% 100.000 83,369.00 SERIAL 06/30/2022 84,669.59 3.100% 100.000 84,669.59 SERIAL 12/31/2022 85,990.47 3.100% 100.000 85,990.47 SERIAL 06/30/2023 87,331.96 3.100% 100.000 87,331.96 SERIAL 12/31/2023 88,694.38 3.100% 100.000 88,694.38 SERIAL 06/30/2024 90,078.05 3.100% 100.000 90,078.05 SERIAL 12/31/2024 91,483.31 3.100% 100.000 91,483.31 SERIAL 06/30/2025 92,910.49 3.100% 100.000 92,910.49 SERIAL 12/31/2025 94,359.94 3.100% 100.000 94,359.94 SERIAL 05/30/2026 95,832.00 3.100% 100.000 95,832.00 SERIAL 12/31/2026 97,327.02 3.100% 100.000 97,327.02 SERIAL 06/30/2027 98,845.36 3.100% 100.000 98,845.36 SERIAL 12/31/2027 100,387.40 3.100% 100.000 100,387.40 SERIAL 06/30/2022 101,953.48 3.100% 100.000 101,953.48 SERIAL 12/31/2028 103,544.00 3.100% 100.000 103,544.00 SERIAL 06/30/2029 105,159.34 3.100% 100.000 105,159.34 SERIAL 12/31/2029 106,800.12 3.100% 100.000 106,800.12 1,771,651.73 1,771,651.73 Jr Lien 2023 L1000026: SERIAL 04/18/2021 100,318.12 2.800% 100.000 100,318.12 SERIAL 10/18/2021 101,730.80 2.800% 100.000 101,730.80 / SERIAL 04/18/2022 103,163.36 2.800% 100.000 103,163.36 ( SERIAL 10/18/2022 104,616.20 2.800% 100.000 104,616.10 SERIAL 04/18/2023 106,089.30 2.800% 100.000 106,089.30 SERIAL 10/18/2023 107,583.24 2.800% 100.000 107,583.24 SERIAL 04/18/2024 109,098.22 2.800% 100.000 109,098.22 SERIAL 10/18/2024 110,634.53 2.800% 100.000 110,634.53 SERIAL 04/18/2025 112,192.47 2.800% 100.000 112,192.47 SERIAL 10/18/2025 113,772.36 2.800% 100.000 113,772.36 SERIAL 04/19/2026 115,374.49 2.800% 100.000 115,374.49 SERIAL 10/18/2026 116,999.19 2.800% 100.000 116,999.19 SERIAL 04/18/2027 118,646.76 2.800% 100.000 118,646.76 SERIAL 10/18/2027 120,317.54 2.800% 100.000 120,317.54 SERIAL 04/18/2028 122,011.84 2.800% 100.000 122,011.84 SERIAL 10/18/2028 123,730.00 2.800% 100.000 123,730.00 SERIAL 04/18/2029 125,472.36 2.800% 100.000 125,472.36 SERIAL 10/19/2029 127,239.25 2.800% 100.000 127,239.25 SERIAL 04/19/2030 129,031.02 2.800% 100.000 129,031.02 SERIAL 10/18/2030 130,848.02 2.800% 100.000 130,848.02 SERIAL 04/18/2031 132,690.62 2.800% 100.000 132,690.62 SERIAL 10/19/2031 134,559.15 2.800% 100.000 134,559.15 SERIAL 04/18/2032 136,453.93 2.800% 100.000 136,453.93 2,702,572.67 2,702,572.67 Jr Lien 2013 No.2 L1100013: SERIAL 04/18/2021 28,267.87 2.800% 100.000 28,267.97 SERIAL 10/19/2021 29,665.93 2.800% 100.000 28,665.93 SERIAL 04/18/2022 29,069.60 2.800% 100.000 29,069.60 SERIAL 10/18/2022 29,478.96 2.800% 100.000 29,478.96 SERIAL 04/18/2023 29,894.08 2.800% 100.000 29,894.08 SERIAL 10/18/2023 30,315.05 2.800% 100.000 30,315.05 SERIAL 04/18/2024 30,741.94 2.800% 10D.000 30,741.94 SERIAL 10/18/2024 31,174.85 2.800% 100.000 31,174.85 SERIAL 04/19/2025 31,613.85 2.800% 100.000 31,613.85 SERIAL 10/18/2025 32,059.03 2.800% 100.000 32,059.03 SERIAL 04/18/2026 32,510.48 2.800% 100.000 32,510.48 SERIAL 10/18/2026 32,968.29 2.800% 100.000 32,968.29 SERIAL 04/18/2027 33,432.55 2.800% 100.000 33,432.55 SERIAL 10/18/2027 33,903.35 2.800% 100.000 33,903.35 ( SERIAL 04/18/2028 34,380.77 2.800% 100.000 34,380.77 SERIAL 10/18/2028 34,864.92 2.800% 100.000 34,864.92 SERIAL 04/18/2029 35,355.89 2.800% 100.000 35,355.88 Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 16 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Refunded Bonds Bond Component Date Principal Coupon Price Issue Price Jr Lien 2013 No.2 L1100013: SERIAL 10/19/2029 35,853.76 2.800% 100.000 35,853.76 SERIAL 04/18/2030 36,358.65 2.800% 100.000 36,358.65 SERIAL 10/18/2030 36,870.65 2.800% 100.000 36,870.65 SERIAL 04/18/2031 37,389.86 2.800% 100.000 37,389.86 SERIAL 10/18/2031 37,916.38 2.800% 100.000 37,916.38 SERIAL 04/18/2032 38,450.24 2.800% 100.000 38,450.24 761,536.94 761,536.94 2019 Property Loan for District Court: SERIAL 11/01/2020 9,968.61 4.500% 100.000 9,968.61 SERIAL 12/01/2020 10,006.00 4.500% 100.000 10,006.00 SERIAL 01/01/2021 10,043.52 . 4.500% 100.000 10,043.52 SERIAL 02/01/2021 10,081.18 4.500% 100.000 10,081.18 SERIAL 03/01/2021 10,118.99 4.500% 100.000 10,118.99 SERIAL 04/01/2021 10,156.93 4.500% 100.ODO 10,156.93 SERIAL 05/01/2021 10,195.02 4.500% 100.000 10,195.02 SERIAL 06/01/2021 10,233.25 4.500% 100.000 10,233.25 SERIAL 07/01/2021 10,271.63 4.500% 100.000 10,271.63 SERIAL 08/01/2021 10,320.15 4.500% 100.000 10,310.15 SERIAL 09/01/2021 10,348.81 4.500% 100.000 10,348.91 SERIAL 10/01/2021 10,387.62 4.500% 100.000 10,387.62 SERIAL 11/01/2021 10,426.57 4.500% 100.000 10,426.57 SERIAL 12/Ol/2021 10,465.67 4.S00% 100.000 10,465.67 SERIAL 01/01/2022 10,504.92 4.500% 100.000 10,504.92 j SERIAL 02/01/2022 10,544.31 4.500% 100.000 10,544.31 t SERIAL 03/01/2022 10,583.85 4.500% 100.000 10,583.85 SERIAL 04/01/2022 10,623.54 4.500% 100.000 10,623.54 SERIAL 05/01/2022 10,663.38 4.500% 100.000 10,663.38 SERIAL 05/01/2022 10,703.37 4.500% 100.000 10,703.37 SERIAL 07/01/2022 10,743.50 4.500% 100.000 10,743.50 SERIAL 08/01/2022 10,783.79 4.500% 100.000 10,783.79 SERIAL 09/01/2022 10,824.23 4.500% 100.000 10,824.23 SERIAL 10/01/2022 10,864.82 4.500% 100.000 10,864.82 SERIAL 11/01/2022 10,905.57 4.500% 100.000 10,905.57 SERIAL 12/01/2022 10,946.46 4.500% 100.000 10,946.46 SERIAL 01/01/2023 10,987.51 4.500% 100.000 10,987.51 SERIAL 02/01/2023 11,028.71 4.500% 100.000 11,028.71 SERIAL 03/01/2023 11,070.07 4.500% 100.000 11,070.07 SERIAL 04/01/2023 11,111.58 4.500% 100.000 11,111.58 SERIAL 05/01/2023 11,153.25 4.500% 100.000 11,153.25 SERIAL 06/01/2023 11,195.08 4.SDO% 100.000 11,195.08 SERIAL 07/01/2023 11,237.06 4.500% 100.000 11,237.06 SERIAL 08/01/2023 11,279.20 4.500% 100.000 11,279.20 SERIAL 09/01/2023 11,321.49 4.500% 100.000 11,321.49 SERIAL 10/01/2023 11,363.95 4.500% 100.000 11,363.95 SERIAL 11/01/2023 11,406.56 4.500% 100.000 11,406.56 SERIAL 12/01/2023 11,449.34 4.500% 100.000 11,449.34 SERIAL 01/01/2024 11,492.15 4.S00% 100.000 11,492.15 417,801.64 417,801.64 LTGO Bonds-2008: TERM21 12/01/2020 205,000.00 3.600% 99.458 203,888.90 TERM21 12/01/2021 215,000.00 3.600% 99.458 213,834.70 TERM23 12/01/2022 225,000.00 3.700% 99.404 223,659.00 TERM23 12/01/2023 230,000.00 3.700% 99.404 228,629.20 TERM25 12/01/2024 240,000.00 3.750% 98.717 236,920.80 TERM25 12/01/2025 250,000.00 3.750% 98.717 246,792.50 TERM27 12/01/2026 260,000.00 3.875% 98.972 257,327.20 TERM27 12/01/2027 270,000.00 3.875% 98.972 267,224.40 1,895,000.00 1,878,276.70 7,548,562.98 7,531,839.68 l Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 17 ( FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Remaining Last Weighted Call Issue Average Date Date Maturity Jr Lien Loan L0800017 10/27/2020 02/26/2010 4.9083 Jr Lien 2013 LIODO026 10/27/2020 03/31/2013 6.2821 Jr Lien 2013 No.2 L1300013 10/27/2020 03/31/2013 6.2821 2019 Property Loan for District Court 10/27/2020 01/01/2019 1.6339 LTGO Bonds-2008 11/27/2020 02/26/2008- 3.7910 All Refunded Issues 11/27/2020 5.0799 4 Oct 13,2020 2:35 pm Prepared.by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 18 COST OF ISSUANCE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020A(Columbia Bank) Cost of Issuance ' $/1000 Amount Foster Garvey P.C.(Bond Counsel) 0.87552 6,355.46 U.S.Bank(Escrow Agent) 0.09643 700.00 Northwest Municipal Advisors(Financial Advisor) 1.29283 9,384.79 2.26478 16,440.25 c Oct 13,2020 2:35 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 19 Exh�b�k C MASON COUNTY, WASHINGTON RESOLUTION NO. 'Z620. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a $3,167,955 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2021 to Cashmere Valley Bank to provide funds necessary to refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants of the bond; and providing for other related matters. Passed October 20, 2020 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 FG:53782598.5 TABLE OF CONTENTS* Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations..................................................................................2 Section 3. Authorization of the Bond ...................................................................................... 3 Section 4. Description of the Bond.......................................................................................... 3 Section 5. Bond Registrar; Registration and Transfer of the Bond.........................................4 Section 6. Form and Execution of the Bond............................................................................4 Section 7. Payment of the Bond............................................................................................... 5 Section 8. Funds and Accounts; Deposit of Proceeds.............................................................. 5 Section9. Prepayment .............................................................................................................. 5 Section 10. Failure To Pay the Bond......................................................................................... 6 Section 11. Pledge of Taxes....................................................................................................... 6 Section 12. Tax Covenants; Designation of the Bond as a "Qualified Tax-Exempt Obligation."............................................................................................................. 6 Section 13. Refunding or Defeasance of the Bond.................................................................... 7 Section 14. Refunding of the Refunded Bonds.......................................................................... 7 Section 15. Sale and Delivery of the Bond................................................................................ 8 Section 16. Reporting Requirements ......................................................................................... 8 Section 17. Supplemental and Amendatory Resolutions........................................................... 8 Section 18. General Authorization and Ratification.................................................................. 8 Section19. Severability............................................................................................................. 8 Section 20. Effective Date of Resolution................................................................................... 9 *The cover page, table of contents and section headings of this resolution are for convenience of reference only, and shall not be used to resolve any question of interpretation of this resolution. FG:53782598.5 MASON COUNTY, WASHINGTON RESOLUTION NO. 7=•e I A RESOLUTION of Mason_ County, Washington, providing for the issuance, sale and delivery of a $3,167,955 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2021 to Cashmere Valley Bank to provide funds necessary to refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants of the bond; and providing for other related matters. THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Definitions. As used in this resolution, the following capitalized terms shall have the following meanings: (a) "2011 Bonds" means the County's Limited Tax General Obligation Bonds, 2011 issued pursuant to Resolution Nos. 45-11 and 51-11. (b) "2020A Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2020A. (c) "2020B Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2020B. (d) "Board" means the Board of Commissioners of Mason County, the general legislative authority of the County. (e) "Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2021, issued pursuant to and for the purposes provided in this resolution. (f) "Bond Counsel"means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the County with a nationally recognized standing as bond counsel in the field of municipal finance. (g) "Bond Fund" means the "Limited Tax General Obligation Refunding Bond Fund, 2021" created for the payment of the principal of and interest on the Bond. (h) "Bond Purchase Agreement" means an offer to purchase the Bond, setting forth certain terms and conditions of the issuance, sale and delivery of the Bond, which offer is authorized to be accepted by the Treasurer on behalf of the County. (i) "Bond Register"means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bond. -1- FG:53782598.6 (j) "Bond Registrar" means the County Treasurer or any successor bond registrar selected for the Bond. (k) "Code"means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (1) "County" means Mason County, Washington, a municipal corporation duly organized and existing under the laws of the State. (m) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. (n) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (o) "Issue Date" means, with respect to the Bond, the date of initial issuance and delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. (p) "Purchaser" means Cashmere Valley Bank, its successor or assigns, as purchaser of the Bond. (q) "Redemption Date"means June 1, 2021. (r) "Refunded Bonds"means the outstanding 2011 Bonds maturing in the years 2021 through 2030, inclusive, the refundings of which has been provided for by this resolution (s) "Refunding Plan" means the placement of sufficient proceeds of the Bond which, will be deposited in the bond fund for the 2011 Bonds to be used to pay the principal of and interest on the Refunded Bonds when due up to and including June 1, 2021 and the call, payment, and redemption on such date, of all of the then-outstanding Refunded Bonds at a price of par,'and may include the payment of the costs of issuing the Bond and the costs of carrying out the foregoing elements of the Refunding Plan. (t) "State"means the State of Washington. Section 2. Findings and Determinations. The County takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of the Refunding Plan. (i) Pursuant to Resolution Nos. 45-11 and 51-11, the County heretofore issued its $6,200,000 par value Limited Tax General Obligation Bonds, 2011 (the "2011 Bonds"), for the purpose of providing a portion of the funds needed to construct a new wastewater treatment and water reclamation facilities in Belfair, and by those resolutions reserved the right to redeem the 2011 Bonds maturing on and after December 1, 2021, prior to their maturity on or after June 1, 2021, at a price of par plus accrued interest to the date fixed for redemption(the "Refunded Bonds"). -2- FG:53782598.6 (ii) There are presently $3,160,000 par value of Refunded Bonds outstanding. �. In addition, there are an additional $265,000 of outstanding Bonds maturing on December 1, 2020. (iii) After due consideration, it appears to the Board that all of the Refunded. Bonds maturing after December 1, 2020 shall be-refunded by the issuance and sale of the Bond authorized herein so that a savings will be effected by the difference between the principal and interest cost over the life of the Bond and the principal and interest cost over the life of the 2011 Refunded Bonds but for such refunding, which refunding will be effected by carrying out the refunding of the Refunded Bonds. (b) Debt Capacity. The maximum amount of indebtedness authorized by this resolution is $3,167,955. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the County'for general municipal purposes without a vote: (i) The assessed valuation of the taxable property within the County as ascertained by the last preceding assessment for County purposes for collection in the calendar year 2020 is $8,724,563,720. (ii) As of July 31, 2020, the County had limited tax general obligation indebtedness, consisting of bonds and.loans outstanding in the principal amount of$25,301,857, including the Refunded Bonds, and any outstanding debt expected to be repaid with proceeds of the 2020A Bond and 2020B Bond, which is_incurred within the limit of up to 1 V2% of the value of the taxable property within the County permitted for general municipal purposes without a --- vote. (iii) As of July 31, 2020, the County had no unlimited tax general obligation indebtedness. (c) The Bond. For the purpose of providing the funds necessary to carry out the Refunding Plan and pay the costs of issuance and sale of the Bond, the Board finds that it is in the best interests of the County and its taxpayers to issue and sell the Bond to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement for the Bond. Section 3. Authorization of the Bond. The County shall borrow money on the credit of the County and issue the Bond evidencing' indebtedness in the amount of $3,167,955 to provide funds necessary to carry out the Refunding Plan and pay the costs of issuance and sale of the Bond. Any remaining proceeds of the Bond, after payment of costs of issuance, shall be deposited into the Bond Fund to pay interest and principal on the Bond on its first interest payment date. Section 4. Description of the Bond. The Bond shall be called the "Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2021," and shall be issued in the aggregate principal amount of$3,167,955. The Bond shall be dated May 27, 2021, shall mature on December 1, 2030', and shall bear interest at the rates per annum as set forth in Exhibit A (computed on the basis of a 360-day year of 12 30-day months), payable semiannually on each June 1 and December 1, commencing December 1, 2021. Principal on the Bond shall be due at -3- FG:53782598.6 its maturity, as set forth in Exhibit A, which is attached to this resolution and incorporated by t, this reference. Section 5. Bond Registrar; Registration and Transfer of the Bond. Pursuant to RCW 39.46.030(4) the County Treasurer shall serve as initial fiscal agent for the County (the "Bond Registrar") with respect to the Bond and is authorized, on behalf of the County, to authenticate and deliver the Bond in accordance with the provisions of the Bond and this resolution. The Bond shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the owner of the Bond. Upon a determination by the County Treasurer that maintenance of the duties of the Bond Registrar is no longer convenient, the Fiscal-Agent shall act as Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its-office, sufficient books for the registration, assignment or transfer of the Bond, which books shall be open to inspection by the County at all times. The Bond Registrar is authorized, on behalf of the County, to authenticate and deliver the Bond transferred or exchanged in accordance with the provisions of the Bond and this resolution, to serve as the County's paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this resolution. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bond. �- - The Bond may be assigned or transferred only in whole by the Purchaser to a single investor that is a financial institution or an entity reasonably believed to be a qualified institutional buyer within the meaning of the applicable federal securities laws. The transferee shall sign a certificate substantially in the form attached to the Bond. Any transfer shall be without cost to the owner or transferee, except for governmental charges imposed on any such transfer or exchange. The Bond Registrar shall not be obligated to exchange or transfer the Bond during the 15 days preceding any payment or prepayment date. When the Bond has been paid in full, both principal and interest, the Bond shall be surrendered to the Bond Registrar, who shall cancel the Bond. Section 6. Form and Execution of the Bond. (a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this resolution and State law. The Bond shall be signed by the Chair of the Board and the Clerk of the Board, either or both of whose signatures may be manual or in facsimile, and the seal of the County or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the County authorized-to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the County, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the County as though that person had continued to be an officer of the County authorized to sign bonds. Any Bond also may be signed on behalf of the County by any person who, on the actual date of signing of the Bond, is an -4- FG:53782598.6 officer of the County authorized to sign bonds, although she or he did not hold the required ( office on its Issue Date. (b) Authentication. Only the Bond bearing a Certificate of Authentication in substantially the following form, manually, signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution: "Certificate of Authentication. This Bond is the fully registered Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2021." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this resolution. Section 7. Payment. of the Bond. Principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal of and interest on the Bond is payable by electronic transfer on the payment date, unless payment by check or draft of the Bond Registrar is permitted by the Purchaser, and sent to the Purchaser so that the Purchaser receives said payments when due at the address appearing on the Bond Register on the 15,' day of the month prior to the payment date. The Bond is not subject to acceleration under any circumstances. Upon receipt of the final payment of principal of and interest on the Bond, whether at maturity or upon prepayment, the Purchaser shall present and surrender the Bond to the Bond Registrar to be destroyed or cancelled in accordance with law. The County and the Bond Registrar may deem and treat the Purchaser as the absolute owner of the Bond for the purpose of receiving payment of principal and interest and for all other purposes, and neither the County nor - the Bond Registrar shall be affected by any notice to the contrary other than proper notice of assignment or transfer. Section 8. Funds and Accounts; Deposit of Proceeds. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bond. Bond proceeds in excess of the amounts needed to carry out the Refunding Plan and pay the costs of issuance of the Bond, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bond shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund, and until needed for this purpose, the County may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and be used for the purposes of that fund. Section 9. Prepayment. The County reserves the right and option to prepay and redeem at any time any or all of the principal amount of the Bond outstanding at par plus accrued interest to the date of prepayment. The County shall provide the Purchaser with 10 days' written notice of any intended prepayment prior to such prepayment date. Interest on the principal amount of the Bond called for prepayment shall cease to accrue on the date fixed for prepayment unless the principal amount called for prepayment is not paid on the prepayment date. Partial prepayments would be first applied to outstanding accrued interest with the balance applied to reduce principal. After a partial prepayment,the debt service schedule would be recalculated. t -5- FG:53782598..6 Section 10. Failure To Pay the Bond. If the Bond is not redeemed when properly presented at its maturity date or date fixed for prepayment, the County shall be obligated to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner. Section 11. Pledge of Taxes. The Bond constitutes a general indebtedness of the County and is payable from tax revenues of the County, and certain sewer revenue for the Bond, and such other money as is lawfully available and pledged by the County for repaying the Bond. For as long as the Bond is outstanding, the County irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient,taking into account other money that is lawfully available, to pay principal of and interest on the Bond as the same becomes due. The full faith, credit and resources of the County are pledged irrevocably for the prompt payment of the principal of and interest on the Bond and such pledge shall be enforceable in mandamus against the County. Nothing would prevent the County from issuing additional debt payable from the sewer revenue and'to establish a priority of payments from such sewer revenue. Section 12. Tax Covenants; Designation of the Bond as a "Qualified Tax-Exempt Obligation." (a) Preservation of Tax Exemption for Interest on the Bond. The County covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the County treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. The County also covenants that it will, to the extent the arbitrage rebate requirements of Section'148 of the Code are applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bond, including the calculation and payment of any penalties that the County has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other'penalties if required under Section 148 of the Code to prevent interest on the Bond from being included in gross income for federal income tax purposes. (b) Post-Issuance Compliance. The County Treasurer, or her or his designee, is authorized and directed .to review and update the County's written procedures to facilitate compliance by the County with the covenants in this resolution and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. (c) Designation of Bond as a "Qualified Tax-Exempt Obligation." The County designates the Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations: -6- FG:53782598.6 (i) the Bond is not a "private activity bond" within the meaning of t Section 141 of the Code; (ii) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the County and any entity subordinate to the County (including any entity that the County controls, that derives its authority to issue tax-exempt obligations ffom the County, or that issues tax-exempt obligations on behalf of the County) will issue during the calendar year in which the Bond is issued will not exceed$10,000,000;.and (iii) the amount of tax-exempt obligations, including the Bond, designated by the County as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed$10,000,000. Section 13. Refunding or Defeasance of the Bond. The County may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on the Bond (the "defeased Bond"); (b) redeeming the defeased Bond prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the County sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bond in accordance with their terns, then all right and interest of the owners of the defeased Bond in the covenants of this resolution and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. Thereafter, the owners of defeased Bond shall have the right to receive payment of the principal of and interest on the defeased Bond solely from the trust account and the defeased Bond shall be deemed no longer outstanding. In that event, the County may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bond-to any lawful purpose. Section 14. Refunding of the Refunded Bonds. The City will deposit proceeds of the Bond with the Fiscal Agent prior to the Redemption Date to carry out the refunding of the Refunded Bonds. The County will call for redemption on the Redemption Date, all of the Refunded Bonds at par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the proceeds of the Bond to the Fiscal Agent. The Redemption Date is the first date on which those bonds may be called. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required by Resolution Nos. 45-11 and 51-11, in order to effect the redemption prior to their maturity of the Refunded Bonds. The County will work with the Fiscal Agent to give a conditional call notice with respect to the redemption of the Refunded Bonds prior to June 1, 2021. -7- FG:53782598.6 Section 15. Sale and Delivery of the Bond. l (a) Sale of the Bond. The Purchaser has presented Bond Purchase Agreement for the Bond to the County offering to purchase the Bond under the terms and conditions provided therein. The Purchaser is not charging a fee for the Bond. (b) Preparation, Execution and Delivery of the Bond. The Bond will be prepared at County expense and will be delivered to the Purchaser in accordance with the Bond Purchase Agreement, this resolution, together with the approving legal opinion of Bond Counsel regarding the Bond. Section 16. Reporting Requirements. While the Bond is outstanding, the County shall submit to the Purchaser its annual financial reports within 30 days after receipt of such annual financial report from the Washington State Auditor, and such additional information as the Purchaser may reasonably request. Section 17. Supplemental and Amendatory Resolutions. The County may.supplement or amend this resolution for any one or more of the following purposes without requiring the consent of the owner of the Bond: (a) To add covenants and agreements that do not adversely affect the interests of the beneficial owner of the Bond, or to surrender any right or power reserved to or conferred upon the County. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this resolution in a manner that does not materially adversely affect the interest of the beneficial owner of the Bond. Section 18. General Authorization and Ratification. The County Treasurer and other appropriate officers of the County are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this resolution, and to do everything necessary for the prompt delivery of the Bond to the Purchaser and for the proper application, use and investment of the bond proceeds. All actions taken prior to the-effective date of this resolution in furtherance of the purposes described in this resolution and not inconsistent with the terms of this resolution are ratified and confirmed in all respects. Section 19. Severability. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision.with respect to all-other persons and all other circumstances, shall remain valid and enforceable. -8- FG:53782598.6 Section 20. Effective Date of Resolution. This resolution shall be effective t. immediately after its adoption in the manner provided by law. ADOPTED by the Board of County Commissioners of Mason County, Washington at a regular meeting held on October 20, 2020. MASON COUNTY,WASHINGTON By Chair of the toard of County Commissioners By Y7, Co ty mmissioner By County Co issioner ATTEST: Cleric of the Mard -9- FG:53782598.6 EXHIBIT A DEBT SERVICE SCHEDULES-2021 BOND FG:53782598.6 Bond Debt Service Mason County,Washington LTGO Refunding Bond,2021(Cashmere Valley Bank) Dated Date 5/27/2021 Delivery Date 5/27/2021 Period Annual Debt Ending Principal Interest Rate Interest DebtServlce Service 12/1/2021 284.,205 1.60% 25,906.83 310,111.83 12/31/2021 310,111.83 6/1/2022 23,070.00 23,070.00 12/1/2022 301,835 1.6D% 23,070.00 324,905.00 12/31/2022 347,975.00 6/1/2023 20,655.32 20,655.32 12/1/2023 308,265 1.60% 20,655.32 328,920.32 12/31/2023 349,575.64 6/1/2024 18,189.20 18,189.20 12/1/2024 314,500 1.60% 18;189.20 332,689.20 12/31/2024 350,878.40 6/1/2025 15,673.20 15,673.20 12/1/2025 314,780 1.60% 15,673:20 330,453.20 12/31/2025 346,126.40 6/1/2026 16,854.79 16,854.79 12/1/2026 317,125 2.05% 16,854.79 333,979.79 12/31/2026 350,834.58 6/1/2027 13,604.26 13,604.26 12/1/2027 322,425 2.05% 13,604.26 336,029.26 12/31/2027 349,633.52 6/1/2028 10,299.41 10,299.41 12/1/2028 327,485 2.05% 10,299.41 337,784.41 12/31/2028 348,083.82 6/1/2029 6,942.68 6,942.68 12/1/2029 336,870 2.05% 6,942.68 343,812.68 12/31/2029 350,755.36 6/1/2030 3,489.77 3,489.77 12/1/2030 340,465 2.05% 3,489.77 343,954.77 12/31/2030 347,444.54 3,167,955 283,464.09 3,451,419.09 3,451,419.09 1 FG:53782598.6 CERTIFICATION I, the undersigned, Clerk of the Board of Commissioners of Mason County, Washington (herein called the "County") and keeper of the records of the Board of Commissioners of the County (herein called the "Board"), DO HEREBY CERTIFY: 1. That the attached Resolution is a true and correct copy of Resolution No. 20 1 of the County (herein called the "Resolution"), as finally passed at a regular meeting of the Board of the County held on the 201h day of October, 2020, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law (including Proclamation 20-28 made by the Governor of the State of Washington on March 24, 2020, as extended, and acts of the legislative leadership of the State of Washington) and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Board was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the passage of said Resolution; that all �- other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the County this 201h day of October, 2020. CIA of e Board E FG:53782598.5 TABLE OF CONTENTS Mason County,Washington Limited Tax General Obligation Refunding Bond Final as of October 13,2020 Report Page Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . 1 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . 2 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bond Pricing . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 5 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . . 8 Unrefunded Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . 9 Escrow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . 12 Form 8038 Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Cost of Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) SOURCES AND USES OF FUNDS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Dated Date 05/27/2021 Delivery Date 05/27/2021 Sources: Bond Proceeds: Par Amount 3,167,955.00 3,167,955.00 Uses: Refunding Escrow Deposits: Cash Deposit 3,160,000.00 Delivery Date Expenses: Cost of Issuance 7,950.60 Other Uses of Funds: Additional Proceeds 4.40 3,167,955.00 I l - Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 1 SUMMARY OF REFUNDING RESULTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Dated Date 05/27/2021 Delivery Date 05/27/2021 Arbitrage yield 1.730770% Escrow yield 0.000000% Value of Negative Arbitrage Bond Par Amount 3,167,955.00 True Interest Cost 1.730770% Net Interest Cost 1.737777% All-In TIC 1.782495% Average Coupon 1.737777% Average Life 5.149 Paramount of refunded bonds 3,160,000.00 Average coupon of refunded bonds 3.582850% Average life of refunded bonds 5.279 PV of prior debt to 05/27/2021 @ 1.730770% 3,448,275.38 Net PV Savings 280,324.78 Percentage savings of refunded bonds 8.871037% Percentage savings of refunding bonds 8.848761% L 1 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 2 SAVINGS . Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Present Value Prior Refunding to 05/27/2021 Date Debt Service Debt Service Savings @ 1.7307702% 12/31/2021 329,008.13 310,111.83 18,896.30 18,730.59 12/31/2022 379,766.26 347,975.00 31,791.26 31,200.13 12/31/2023 381,366.26 349,575.64 31,790.62 30,651.65 12/31/2024 382,666.26 350,878.40 31,787.86 30,110.01 12/31/2025 377,916.26 346,126.40 31,789.86 29,578.52 12/31/2026 382,622.50 350,834.58 31,787.92 29,021.59 12/31/2027 381,422.50 349,633.52 31,788.98 28,508.51 12/31/2028 379,872.50 348,083.82 31,788.68 28,002.38 12/31/2029 382,547.50 350,755.36 31,792.14 27,505.96 12/31/2030 379,235.00 347,444.54 31,790.46 27,011.05 3,756,423.17 3,451,419.09 305,004.08 280,320.38 Savings Summary PV of savings from cash flow 280,320.38 Plus:Refunding funds on hand 4.40 Net PV Savings 280,324.78 J Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 3 BOND SUMMARY STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Earliest Dated Date 05/27/2021 Earliest Delivery Date 05/27/2021 Last Maturity 12/01/2030 Arbitrage Yield 1.730770% True Interest Cost(TIC) 1.730770% Net Interest Cost(NIC) 1.737777% All-In TIC 1.782495% Average Coupon 1.737777% Average Life(years) 5.149 Weighted Average Maturity(years) 5.149 Par Amount 3,167,955.00 Bond Proceeds 3,167,955.00 Totallnterest 283,464.09 Net Interest 283,464.09 Total Debt Service 3,451,419.09 Maximum Annual Debt Service 350,878.40 Average Annual Debt Service 362,882.85 Underwriter's Fees(per$1000) Average Takedown Other Fee �— Total Underwriter's Discount Bid Price 100.000000 Par Average Average PV of 1 by Bond Component Value Price Coupon Life change Bank Loan 3,167,955.00 100.000 1.738% 5.149 1,532.39 3,167,955.00 5.149 1,532.39 All-In Arbitrage TIC TIC Yield Par Value 3,167,955.00 3,167,955.00 3,167,955.00 +Accrued Interest +Premium(Discount) Underwriter's Discount Cost of Issuance Expense -7,950.60 -Other Amounts Target Value 3,167,955.00 3,160,004.40 3,167,955.00 Target Date Multiple Multiple Multiple Yield 1.730770% 1.782495% 1.730770% Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 4 BOND PRICING Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Maturity Bond Component Date Amount Rate Yield Price Bank Loan: 12/01/2021 284,205 1.600% 100.000 12/01/2022 301,835 1.600% 100.000 12/01/2023 308,265 1.600% 100.000 12/01/2024 314,500 1.600% 100.000 12/01/2025 314,780 1.600% 100.000 12/01/2026 317,125 1.679% 100.000 12/01/2027 322,425 1.733% 100.000 12/01/2028 327,485 1.773% 100.000 12/01/2029 336,870 1.803% 100.000 12/01/2030 340,465 1.827% 100.000 3,167,955 Dated Date 05/27/2021 Delivery Date 05/27/2021 First Coupon 12/01/2021 Par Amount 3,167,955.00 Original Issue Discount Production 3,167,955.00 100.000000% Underwriter's Discount Purchase Price 3,167,955.00 100.000000% Accrued Interest Net Proceeds 3,167,955.00 Notes: 1.60%from 5/27/2021 to 12/1/2025 2.05%from 12/1/2025 to 12/1/2030 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 5 BOND DEBT SERVICE Mason County,Washington . Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Dated Date 05/27/2021 Delivery Date 05/27/2021 Period Ending Principal Interest Debt Service 12/31/2021 284,205 25,906.83 310,111.83 12/31/2022 301,835 46,140.00 347,975.00 12/31/2023 308,265 41,310.64 349,575.64 12/31/2024 314,500 36,378.40 350,878.40 12/31/2025 314,780 31,346.40 34.6,126.40 12/31/2026 317,125 33,709.58 350,834.58 12/31/2027 322,425 27,208.52 349,633.52 12/31/2028 327,485 20,598.82 348,083.82 12/31/2029 336,870 13,885.36 350,755.36 12/31/2030 340,465 6,979.54 347,444.54 3,167,955 283,464.09 3,451,419.09 l Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:RE.F2020) Page 6 BOND DEBT SERVICE Mason County;Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Dated Date 05/27/2021 Delivery Date 05/27/2021 Period Annual Ending Principal Interest Debt Service Debt Service 12/01/2021 284,205 25,906.83 310,111.83 12/31/2021 310,111.83 06/01/2022 23,070.00 23,070.00 12/01/2022 301,835 23,070.00 324,905.00 12/31/2022 347,975.00 06/01/2023 20,655.32 20,655.32 12/01/2023 308,265 20,655.32 328,920.32 12/31/2023 349,575.64 06/01/2024 18,189.20 18,189.20 12/01/2024 314,500 18,189.20 332,689.20 12/31/2024 350,878.40 06/01/2025 15,673.20 15,673.20 12/01/2025 314,780 15,673.20 330,453.20 12/31/2025 346,126.40 06/01/2026 16,854.79 16,854.79 12/01/2026 317,125 16,854.79 333,979.79 12/31/2026 350,834.58 06/01/2027 13,604.26 13,604.26 12/01/2027 322,425 13,604.26 336,029.26 12/31/2027 349,633.52 06/01/2028 10,299.41 10,299.41 12/01/2028 327,485 10,299.41 337,784.41 12/31/2028 348,083.82 06/01/2029 6,942.68 6,942.68 12/01/2029 336,870 6,942.68 343,812.68 12/31/2029 350,755.36 06/01/2030 3,489.77 3,489.77 12/01/2030 340,465 3,489.77 343,954.77 12/31/2030 347,444.54 3,167,955 283,464.09 3,451,419.09 3,451,419.09 t . Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 7 SUMMARY OF BONDS REFUNDED Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Maturity Interest Par Call Call Bond Date Rate Amount Date Price' LTGO Bonds,2011(Sterne,Agee&Leach,Inc.),LTG011: SERIAL 12/01/2021 3.000% 275,000.00 06/01/2021 100.000 12/01/2022 3.000% 280,000.00 06/01/2021 100.000 12/01/2023 3.000% 290,000.00 06/01/2021 100.000 12/01/2024 3.250% 300,000.00 06/01/2021 100.000 12/01/2025 3.375% 305,000.00 06/01/2021 100.000 12/01/2026 3.500% 320,000.00 06/01/2021 100.000 12/01/2027 3.500% 330,000.00 06/01/2021 100.000 12/01/2028 3.625% 340,000.00 06/01/2021 100.000 12/01/2029 3.750% 355,000.00 06/01/2021 100.000 12/01/20BO 3.900% 365,000.00 06/01/2021 100.000 3,160,000.00 1 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 8 UNREFUNDED BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Annual Other Period Debt Debt Unrefunded Ending Principal Interest Service Service D/S Total 12/01/2020 54,008.13 54,008.13 06/01/2021 54,008.13 54,008.13 0 0 0 0 108,016.26 108,016.26 t Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 9 ESCROW REQUIREMENTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Period Principal Ending Redeemed Total 06/01/2021 3,160,000.00 3,160,000.00 3,160,000.00 3,160,000.00 l Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 10 ESCROW COST Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 05/27/2021 3,160,000.00 3,160,000.00 0 3,160,000.00 3,160,000.00 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 11 ESCROW SUFFICIENCY Mason County,Washington Limited Tax General Obligation Refunding'Bond,2021(Cashmere Valley Bank) Escrow Net Escrow Excess Excess . Date Requirement Receipts Receipts Balance 05/27/2021 3,160,000.00 3,160,000.00 3,160,000.00 06/01/2021 3,160,000.00 -3,160,000.00 3,160,000.00 3,160,000.00 0.00 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 12 1 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Dated Date 05/27/2021 Delivery Date 05/27/2021 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Bank Loan: 12/01/2021 284,205.00 0.000% 100.000 284,205.00 284,205.00 12/01/2022 301,835.00 0.000% 100.000 301,835.00 301,835.00 12/01/2023 308,265.00 0.000% 100.000 308,265.00 308,265.00 12/01/2024 314,500.00 0.000% 100.000 314,500.00 314,500.00 12/01/2025 314,780.00 0.000% 100.000 314,780.00 314,780.00 12/01/2026 317,125.00 0.000% 100.000 317,125.00 317,125.00 12/01/2027 322,425.00 0.000% 100.000 322,425.00 322,425.00 12/01/2028 327,485.00 0.000% 100.000 327,485.00 327,485.00 12/01/2029 336,870.00 0.000% 100.000 336,870.00 336,870.00 12/01/2030 340,465.00 0.000% 100.000 340,465.00 340,465.00 3,167,955.00 3,167,955.00 3,167,955.00 Stated Weighted Maturity Interest Issue Redemption Average ( Date Rate Price at Maturity Maturity Yield Final Maturity 12/01/2030 340,465.00 340,465.00 Entire Issue 3,167,955.00 3,167,955.00 5.1490 1.7308% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs(including underwriters'discount) 7,950.60 Proceeds used for credit enhancement 0.00 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to refund prior tax-exempt bonds 3,160,000.00 Proceeds used to refund prior taxable bonds 0.00 Remaining WAM of prior tax-exempt bonds(years) 5.2597 Remaining WAM of prior taxable bonds(years) 0.0000 Last call date of refunded tax-exempt bonds 06/01/2021 2011 Form 8038 Statistics Proceeds used to currently refund prior issues 3,160,000.00 Proceeds used to advance refund prior issues 0.00 Remaining weighted average maturity of the bonds to be currently refunded 5.2597 Remaining weighted average maturity of the bonds to be advance refunded 0.0000 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 13 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Refunded Bonds Bond Component Date Principal Coupon Price Issue Price LTGO Bonds,2011(Sterne,Agee&Leach,Inc.): SERIAL 12/01/2021 275,000.00 3.000% 102.127 280,849.25 SERIAL 12/01/2022 280,000.00 3.000% 100.000 280,000.00 SERIAL 12/01/2023 290,000.00 3.000% 98.480 285,592.00 SERIAL 12/01/2024 300,000.00 3.250% 100.000 300,000.00 SERIAL 12/01/2025 305,000.00 3.375% 99.156 302,425.80 SERIAL 12/01/2026 320,000.00 3.500% 99.410 318,112.00 SERIAL 12/01/2027 330,000.00 3.500% 98.167 323,951.10 SERIAL 12/01/2028 340,000.00 3.625% 98.417 334,617.80 SERIAL 12/01/2029 355,000.00 3.750% 98.692 350,356.60 SERIAL 12/01/2030 365,000.00 3.900% 99.325 362,536.25 3,160,000.00 3,138,440.80 Remaining Last Weighted Call Issue Average ( Date Date Maturity LTGO Bonds,2011(Sterne,Agee&Leach,Inc.) 06/01/2021 08/23/2011 5.2597 All Refunded Issues 06/01/2021 5.2597 t Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 14 i -COST OF ISSUANCE Mason County,Washington Limited Tax General Obligation Refunding Bond,2021(Cashmere Valley Bank) Cost of Issuance $/1000 Amount Foster Garvey P.C.(Bond Counsel) 1.21686 3,854.97 Northwest Municipal Advisors(Financial Advisor) 1.29283 4,095.63 2.50969 7,950.60 Oct 13,2020 2:54 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 15 E X�111'J�k V l MASON COUNTY,WASHINGTON RESOLUTION NO. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a $1,175,385 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2020B to North Cascades Bank, a division of Glacier Bank to provide funds necessary to refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants of the bond; and providing for other related matters. Passed October 20, 2020 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 53782598.2 TABLE OF CONTENTS* i Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations..................................................................................2 Section 3. Authorization of the Bond ...................................................................................... 3 Section 4. Description of the Bond.......................................................................................... 3 Section 5. Bond Registrar; Registration and Transfer of the Bond..........................................4 Section 6. Form and Execution of the Bond............................................................................4 Section 7. Payment of the Bond............................................................................................... 5 Section 8. Funds and Accounts; Deposit of Proceeds.............................................................. 5 Section9. Prepayment............................................................................................................. 6 Section 10. Failure To Pay the Bond......................................................................................... 6 Section11. Pledge of Taxes....................................................................................................... 6 Section 12. Tax Covenants; Designation of the Bond as "Qualified Tax-Exempt Obligation".............................................................................................................. 6 Section 13. Refunding or Defeasance of the Bond.................................................................... 7 Section 14. Sale and Delivery of the Bond................................................................................. 8 { _ Section 15. Reporting Requirements......................................................................................... 8 Section 16. Supplemental and Amendatory Resolutions........................................................... 8 Section 17. General Authorization and Ratification.................................................................. 8 Section18. Severability............................................................................................................. 8 Section 19. Effective Date of Resolution................................................................................... 9 *The cover page, table of contents and section headings of this resolution are for convenience of reference only, and shall not be used to resolve any question of interpretation of this resolution. -i- 53782598.2 MASON COUNTY,WASHINGTON RESOLUTION NO. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a $1,175,385 aggregate principal amount Limited Tax General Obligation Refunding Bond, 2020B to North Cascades Bank, a division of Glacier Bank to provide funds necessary to refund certain outstanding general obligation bonds of the County; fixing certain terms and covenants of the bond; and providing for other related matters. THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON,DOES RESOLVE AS FOLLOWS: Section 1. Definitions. As used in this resolution, the following capitalized terms shall have the following meanings: (a) "2008A Bond" means the County's Limited Tax General Obligation Bond (Payable from Sewer Revenue), Series 2008A, issued pursuant to Resolution No. 82-08. (b) "2008B Bond" means the County's Limited Tax General Obligation Bond (Payable from Sewer Revenue), Series 2008B, issued pursuant to Resolution No. 82-08 (c) "2008A/B Bonds"means, together, the 2008A Bond and the 2008B Bond. (d) "2020A Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2020A, expected to be issued simultaneously with this Bond. (e) "Board" means the Board of Commissioners of Mason County, the general legislative authority of the County. (f) "Bond" means the Mason County, Washington Limited Tax General Obligation Refunding Bond, 2020B, issued pursuant to and for the purposes provided in this resolution. (g) `Bond Counsel"means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the County with a nationally recognized standing as bond counsel in the field of municipal finance. (h) "Bond Fund"means the "Limited Tax General Obligation Refunding Bond Fund, 2020B"created for the payment of the principal of and interest on the Bond. (i) "Bond Purchase Agreement" means an offer to purchase the Bond, setting forth certain terms and conditions of the issuance, sale and delivery of the Bond, which offer is authorized to be accepted by the Treasurer on behalf of the County. (j) "Bond Register"means the books or records maintained by the Bond Registrar for �. the purpose of identifying ownership of the Bond. , -1- FG:54019516.2 (k) "Bond Registrar" means the County Treasurer or any successor bond registrar selected for the Bond. (1) "Code"means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) "County" means Mason County, Washington, a municipal corporation duly organized and existing under the laws of the State. (n) "Fiscal Agent"means the fiscal agent of the State, as the same may be designated by the State from time to time. (o) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (p) "Issue Date" means, with respect to the Bond, the date of initial issuance and delivery of the Bond to the Purchaser in exchange for the purchase price of the Bond. (q) "Purchaser" means North Cascades Bank, a division of Glacier Bank, its successor or assigns, as purchaser of the Bond. (r) "Refunded Bonds" means the outstanding 2008A/B Bonds, the repayment of which has been provided for by this resolution. ( (s) "Refunding Plan"means the placement of sufficient proceeds of the Bond which, with other money of the County, if necessary, will be deposited in the bond fund for the 2008A/B Bonds to be used to pay the principal of and interest on the Refunded Bonds when due up to and including October 27, 2020 and the call, payment, and redemption on such date, of all of the then-outstanding Refunded Bonds at a price of par, and may include the payment of the costs of issuing the Bond and the costs of carrying out the foregoing elements of the Refunding Plan. (t) "State"means the State of Washington. Section 2. Findings and Determinations. The County takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of the Refunding Plan. (i) Pursuant to Resolution No. 82-08, the County heretofore issued its $831,000 par value Limited Tax General Obligation Bond(Payable from Sewer Revenue), Series 2008A and its not to exceed $525,000 par value Limited Tax General Obligation Bond (Payable from Sewer Revenue), Series 2008B (collectively, the "2008A/B Bonds"), for the purpose of constructing improvements to the Rustlewood Wastewater Treatment Plant, and by that resolution reserved the right to repay the 2008A/B Bonds,prior to their respective maturities, at a price of par plus accrued interest to the date fixed for redemption(the"Refunded Bonds"). -2- FG:54019516.2 (ii) There are presently $1,155,477.67 par value of Refunded Bonds outstanding. (iii) After due consideration, it appears to the Board that all of the Refunded Bonds shall be refunded by the issuance and sale of the Bond authorized herein so that a savings will be effected by the difference between the principal and interest cost over the life of the Bond and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan. (b) Debt Capacity. The maximum amount of indebtedness authorized by this resolution is $1,175,385. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the County for general municipal purposes without a vote: (i) The assessed valuation of the taxable property within the County as ascertained by the last preceding assessment for County purposes for collection in the calendar year 2020 is $8,724,563,720. (ii) As of July 31, 2020, the County had limited tax general obligation indebtedness, consisting of bonds and loans outstanding in the principal amount of$25,301,857, including the Refunded Bonds and any outstanding debt expected to be repaid with proceeds of the 2020A Bond, which is incurred within the limit of up to 1%2% of the value of the taxable property within the County permitted for general municipal purposes without a vote. (iii) As of July 31, 2020, the County had no unlimited tax general obligation indebtedness. (c) The Bond. For the purpose of providing the funds necessary to carry out the Refunding Plan and pay the costs of issuance and sale of the Bond, the Board finds that it is in the best interests of the County and its taxpayers to issue and sell the Bond to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement for the Bond. Section 3. Authorization of the Bond. The County shall borrow money on the credit. of the County and issue the Bond evidencing indebtedness in the amount of $1,175,385 to provide funds necessary to carry out the Refunding Plan and pay the costs of issuance and sale of the Bond. Any remaining proceeds of the Bond, after payment of costs of issuance, shall be deposited into the Bond Fund to pay interest and principal on the Bond on its first interest payment date. Section 4. Description of the Bond. The Bond shall be called the "Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2020B," and shall be issued in the aggregate principal amount of$1,175,385. The Bond shall be dated October 27, 2020, shall mature on December 1, 2048, and shall bear interest at the rates per annum as set forth in Exhibit A (computed on the basis of a 360-day year of 12 30-day months), payable semiannually on each June 1 and December 1, commencing June 1, 2021. Principal on the Bond shall be payable annually on each December 1, commencing December 1, 2021, as set forth in Exhibit A, which is attached to this resolution and incorporated by this reference. -3- FG:54019516.2 Upon the occurrence of(i) a failure of the County to pay principal of and interest on the { Bond when due or (ii)the County files a petition for bankruptcy or is placed in receivership under any state or federal bankruptcy or insolvency law, the Purchaser reserves the right and option, at its sole discretion, to increase the remaining interest rates on the Bond by 3.00% from the date of such event. If interest on the Bond should become taxable, the Purchaser reserves the right and option to convert the remaining rates to the"Taxable Rates." Such Taxable Rates shall commence from the date interest.becomes taxable to the Maturity Date by taking the rate of the Bond then in effect, divided by the sum of. 1.00 less the maximum federal corporate tax rate. Such recalculated debt service schedule would be provided to the Bond Registrar within seven business days of such change to the Taxable Rates. Section 5. Bond Registrar; Rejistration and Transfer of the Bond. Pursuant to RCW 39.46.030(4) the County Treasurer shall serve as initial fiscal agent for the County (the "Bond Registrar") with respect to the Bond and is authorized, on behalf of the County, to authenticate and deliver the Bond in accordance with the provisions of the Bond and this resolution. The Bond shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the owner of the Bond. Upon a determination by the County Treasurer that maintenance of the duties of the Bond Registrar is no longer convenient,the Fiscal Agent shall act as Bond Registrar. _- The Bond Registrar shall keep, or cause to be kept, at its office, sufficient books for the registration, assignment or transfer of the Bond, which books shall be open to inspection by the County at all times. The Bond Registrar is authorized, on behalf of the County, to authenticate and deliver the Bond transferred or exchanged in accordance with the provisions of the Bond and this resolution, to serve as the County.'s paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this resolution. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bond. The Bond may be assigned or transferred only in whole by the Purchaser to a single investor that is a financial institution or an entity reasonably believed to be a qualified institutional buyer within the meaning of the applicable federal securities laws. The transferee shall sign a certificate substantially in the form attached to the Bond. Any transfer shall be without cost to the owner or transferee, except for governmental charges imposed on any such transfer or exchange. The Bond Registrar shall not be obligated to exchange or transfer the Bond during the 15 days preceding any payment or prepayment date. When the Bond has been paid in full, both principal and interest, the Bond shall be surrendered to the Bond Registrar, who shall cancel the Bond. Section 6. Form and Execution of the Bond. (a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this resolution and State law. The Bond shall be signed by the -4- FG:54019516.2 Chair of the Board and the Clerk of the Board, either or both of whose signatures may be manual or in facsimile, and the seal of the County or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the County authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the County, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the County as though that person had continued to be an officer of the County authorized to sign bonds. Any Bond also may be signed on behalf of the County by any person who, on the actual date of signing of the Bond, is an officer of the County authorized to sign bonds, although she or he did not hold the required office on its Issue Date. (b) Authentication. Only the Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution: "Certificate of Authentication. This Bond is the fully registered Mason County, Washington, Limited Tax General Obligation Refunding Bond, 2020B." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this resolution. Section 7. Payment of the Bond. Principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal of and interest on the Bond is payable by electronic transfer on the payment date, unless payment by check or draft of the { Bond Registrar is permitted by the Purchaser, and sent to the Purchaser so that the Purchaser receives said payments when due at the address appearing on the Bond Register on the 151h day of the month prior to the payment date. The Bond is not subject to acceleration under any circumstances. Upon receipt of the final payment of principal of and interest on the Bond, whether at maturity or upon prepayment, the Purchaser shall present and surrender the Bond to the Bond Registrar to be destroyed or cancelled in accordance with law. The County and the Bond Registrar may deem and treat the Purchaser as the absolute owner of the Bond for the purpose of receiving payment.of principal and interest and for all other purposes, and neither the County nor the Bond Registrar shall be affected by any notice to the contrary other than proper notice of assignment or transfer. Section 8. Funds and Accounts; Deposit of Proceeds (a) Bond Fund. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bond. Bond proceeds in excess of the amounts needed to carry out the Refunding Plan and pay the costs of issuance of the Bond, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bond shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund, and until needed for this purpose, the County may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond ( Fund and be used for the purposes of that fund. -5- FG:54019516.2 (b) 2008AIB Bond Fund. Proceeds of the Bond used to refund the Refunded Bonds ( will be deposited into the bond fund for the 2008A/B Bonds or sent directly to the registered owner of the 2008A/B Bonds and used to discharge the obligations of the County relating to the Refunded Bonds under Resolution No. 82-08 by providing for the payment of the amounts required to be paid by the Refunding Plan. Section 9. Prepayment. The County reserves the right and option to prepay and redeem at any time any or all of the principal amount of the Bond outstanding at par plus accrued interest to the date of prepayment. Any prepayments occurring on or before October 27, 2025, will be subject to a prepayment penalty of 1.00%. The County shall provide the Purchaser with 15 days' written notice of any intended prepayment prior to such prepayment date. Interest on the principal amount of the Bond called for prepayment shall cease to accrue on the date fixed for prepayment unless the principal amount called for prepayment is not paid on the prepayment date. Prepaid amounts would be applied (i) first to any prepayment penalty due, (ii)then to accrued interest due to any date of prepayment, and (iii) lastly to the reduction of principal. Upon any partial prepayment the debt service schedule would be recalculated to reflect a reduction in the amount of the remaining installments of principal or and interest to the maturity date of the Bond. Such recalculated debt service schedule would be provided to the Bond Registrar within seven business days of such partial prepayment. Section 10. Failure To Pay the Bond. If the Bond is not redeemed when properly presented at its maturity date or date fixed for prepayment, the County shall be obligated to pay interest on the Bond at the same rate provided in the Bond.from and after its maturity or date fixed for prepayment until the Bond, both principal and interest, is paid in full or until sufficient - money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner. Section 11. Pledge of Taxes. The Bond constitutes a general indebtedness of the County and is payable from tax revenues of the County, and certain sewer revenue, and such- other money as is lawfully available and pledged by the County for repaying the Bond. For as long as the Bond is outstanding, the County irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, taking into account other money that is lawfully available, to pay principal of and interest on the Bond as the same becomes due. The full faith, credit and resources of the County are pledged irrevocably for the prompt payment of the principal of and interest on the Bond and such pledge shall be enforceable in mandamus against the County. Nothing would prevent the County from issuing additional debt payable from the sewer revenue and to establish a priority of payments from such sewer revenue. Section 12. Tax Covenants; Designation of the Bond as a "Qualified Tax-Exempt Obligation." (a) Preservation of Tax Exemption for Interest on the Bond. The County covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit -6- FG:54019516.2 any use of proceeds of the Bond or other funds of the County treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. The County also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bond, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bond, including the calculation and payment of any penalties that the County has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bond from being included in gross income for federal income tax purposes. (b) Post-Issuance Compliance. The County Treasurer, or her or his designee, is authorized and directed to review and update the County's written procedures to facilitate compliance by the County with the covenants in this resolution and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bond from being included in gross income for federal tax purposes. (c) Designation of Bond as a "Qualified Tax-Exempt Obligation. " The County designates the Bond as a"qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations: (i) the Bond is not a "private activity bond" within the meaning of Section 141 of the Code; �- (ii) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the County and any entity subordinate to the County(including any entity that the County controls, that derives its authority to issue tax-exempt obligations from the County, or that issues tax-exempt obligations on behalf of the County) will issue during the calendar year in which the Bond is issued will not exceed$10,000,000; and (iii) the amount of tax-exempt obligations, including the Bond, designated by the County as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bond. The County may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a)paying when due the principal of and interest on the Bond (the "defeased Bond"); (b)redeeming the defeased Bond prior to their maturity; and (c)paying the costs of the refunding or defeasance. If the County sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bond in accordance with their terms, then all right and interest of the owners of the defeased Bond in the covenants of this resolution and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. Thereafter, the owners of defeased Bond shall have the right to receive payment of the principal of and interest on the defeased Bond solely from the trust account and ( the defeased Bond shall be deemed no longer outstanding. In that event, the County may apply -7- FG:54019516.2 money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bond to any lawful purpose. Section 14. Sale and Delivery of the Bond (a) Sale of the Bond. The Purchaser has presented Bond Purchase Agreement for the Bond to the County offering to purchase the Bond under the terms and conditions provided therein. The Purchaser is not charging a fee for the Bond. (b) Preparation, Execution and Delivery of the Bond. The Bond will be prepared at County expense and will be delivered to the Purchaser in accordance with the Bond Purchase Agreement, tlus resolution, together with the approving legal opinion of Bond Counsel regarding the Bond. Section 15. Reporting_Requirements. While the Bond is outstanding, the County shall submit to the Purchaser its annual financial reports within 30 days after receipt of such annual financial report from the Washington State Auditor, and such additional information as the Purchaser may reasonably request. Section 16. Supplemental and Amendatory Resolutions. The County may supplement or amend this resolution for any one or more of the following purposes without requiring the consent of the owner of the Bond: (a) To add covenants and agreements that do not adversely affect the interests of the beneficial owner of the Bond, or to surrender any right or power reserved to or conferred upon the County. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this resolution in a manner that does not materially adversely affect the interest of the beneficial owner of the Bond. . Section 17. General Authorization and Ratification. The County Treasurer and other appropriate officers of the County are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this resolution, and to do everything necessary for the prompt delivery of the Bond to the Purchaser-and for the proper application, use and investment of the bond proceeds. All actions taken prior to the effective date of this resolution in furtherance of the purposes described in this resolution and not inconsistent with the terms of this resolution are ratified and confirmed in all respects. Section 18. Severability. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending -8- FG:54019516.2 provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Effective Date of Resolution. This resolution shall be effective immediately after its adoption in the manner provided by law. ADOPTED by the Board of County Commissioners of Mason County, Washington at a regular meeting held on October 20, 2020. MASON COUNTY, WASHINGTON By Chair of the Board of County Commissioners By County ommissioner By— C'Ilnf Commissioner ATTEST: Clerk of the and -9- FG:54019516.2 EXHIBIT A DEBT SERVICE SCHEDULE-2020B BOND FG:54019516.2 Bond Debt Service Mason County,Washington LTGO Refunding Bond,2020B(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Interest Annual Debt Ending Principal Rate Interest Debt Service Service 6/1/2021 2.55 17,816.87 17,816.87 12/1/2021 29,195 2.55 14,986.15 44,181.16 12/31/2021 61,998.03 6/1/2022 2.55 14,61393 14,613.93 12/1/2022 32,770 2.55 14,61393 47,383.93 12/31/2022 61,997.86 6/1/2023 2.55 14,196.11 14,196.11 12/1/2023 33,605 2.55 14,196.11 47,801.11 12/31/2023 61,997.22 6/1/2024 2.55 13,767.64 13,767.64 12/1/2024 34,585 2.55 13,767.64 48,352.64 12/31/2024 62,120.28 6/1/2025 2.55 13,326.68 13,326.68 12/1/2025 35,340 2.55 13,326.68 48,666.68 - 12/31/2025 61,993.36 6/1/2026 2.85 14,39094 14,390.94 12/1/2026 33,210 2.85 14,39094 47,600.94 12/31/2026 61,991.88 6/1/2027 2.85 13,917.69 13,917.69 12/1/2027 34,160 2.85 13,917.69 48,077.69 _ 12/31/2027 61,995.38 6/1/2028 2.85 13,43091 ' 13,439.91 12/1/2028 35,250 2.85 13,43091 48,680.91 12/31/2028 62,111.82 6/1/2029 2.85, 12,928.60- 12,928.60 12/1/2029 36,140 2.85 12,928.60 49,068.60 12/31/2029 61,997.20 6/1/2030 2.85 12,413.61 12,413.61 12/1/2030 37,170 2.85 12,413.61 49,583.61 12/31/2030 61,997.22 6/1/2031 3.00 12,509.41 12509.41 12/1/2031 36,980 3.00 12,509.41 49,489.41 12/31/2031 61,998.82 6/1/2032 3.00 11,954.70 11,954.70 12/1/2032 38,180 3.00 11,95430 50,134.70 12/31/2032 62,089.40 6/1/2033 3.00 11,382.01 11,382.01 12/1/2033 39,235 3.00 11,382.01 50,617.01 12/31/2033 61,999.02 6/1/2034 3.00 10,793.48 10,793.48 12/1/2034 40,410 3.00 10,793.48 51,203.48 12/31/2034 61,996.96 6/1/2035 3.00 10,18733 10,187.33 12/1/2035 41,625 3.00 10,18733 51,R12.33 12/31/2035 61,999.66 6/1/2036 10,51925 10,519.25 l FG:54019516.2 Bond Debt Service Mason County,Washington LTGO Refunding Bond,ZDZDB(North Cascades Bank) Period Interest Annual Debt Ending Principal Rate Interest Debt Service Service 12/1/2036 41,035 3.30 10,519.25 51,554.25 12/31/2036 62,07350 6/1/2037 3.30 9,842.17 9,842.17 12/1/2037 42,310 3.30 9,842.17 52,152.17 12/31/2037 61,994.34 6/1/2038 3.30 9,144.05 9,144.05 12/1/2038 43,710 3.30 9,144.05 52,854.05 12/31/2038 61,998.10 6/1/2039 3.30 8,422.84 8,422.84 12/1/2039 45,155 3.30 8,422.84 53,577.84 12/31/2039 62,000.68 6/1/2040 3.30 7,677.78 7,677.78 12/1/2040 46,700 3.30 7,677.78 54,377.78 12/31/2040 62,05556 6/1/2041 3.80 7,953.78 7,953.78 12/1/2041 46,090 3.80 7,953.78 54,043.78 12/31/2041 61,99756 6/1/2042 3.80 7,079.07 7,078.07 12/1/2042 47,840 3.80 7,078.07 54,918.07 12/31/2042 61,996.14 6/1/2043 3.80 6,169.12 6,169.12 12/1/2043 49,655 3.80 6,169.12 55,924.12 12/31/2043 61,99314 6/1/2044 3.80 5,225.67 5,225.67 12/1/2044 51,580 3.80 5,225.67 56,805.67 12/31/2044 62,03134 6/1/2045 3.80 4,245.65 4,245.65 12/1/2045 53,505 3.80 4,245.65 57,750.65 12/31/2045 61,996.30 6/1/2046 4.20 3,568.95 3,568.95 12/1/2046 54,860 4.20 3,56B.95 58,428.95 12/31/2046 61,99790 6/1/2047 4.20 2,416.B9 2,416.89 12/1/2047 57,165 4.20 2,416.89 59,581.89 12/31/2047 61,998.78 6/1/2048 4.20 1,216.43 1,216.43 12/1/2048 57,925 4.20 1,216.43 59,141.43 12/31/2048 60,357.86 1,175,385 559,390.41 1,734,775.41 1,734,775.41 FG:54019516.2 CERTIFICATION I, the undersigned, Clerk of the Board of Commissioners of Mason County, Washington (herein called the "County") and keeper of the records of the Board of Commissioners of the County(herein called the"Board"), DO HEREBY CERTIFY: 1. That the attached Resolution is a true and correct copy of Resolution No. of the County (herein called the "Resolution"), as finally passed at a regular meeting of the Board of the County held on the 20th day of October, 2020, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law (including Proclamation 20-28 made by the Governor of the State of Washington on March 24, 2020, as extended, and acts of the legislative leadership of the State of Washington) and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Board was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the passage of said Resolution; that all other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the County this 20th day of October, 2020. Cla of t e Board 53782598.2 TABLE OF CONTENTS Mason County,Washington Limited Tax General Obligation Refunding Bond Final as of October 13,2020 Report Page Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Sources and Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . 2 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Bond Debt Service . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . G Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . . 9 Escrow Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Form 8038 Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Cost of Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) SOURCES AND USES OF FUNDS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Sources: Bond Proceeds: Par Amount 1,175,385.00 1,175,385.00 Uses: Refunding Escrow Deposits: Cash Deposit 1,171,252.24 Delivery Date Expenses: Cost of Issuance 4,129.20 Other Uses of Funds: Additional Proceeds 3.56 1,175,385.00 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 1 SUMMARY OF REFUNDING RESULTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Arbitrage yield 2.231299% Escrow yield 0.091744% Value of Negative Arbitrage Bond Par Amount 1,175,385.00 True Interest Cost 2.891012% Net Interest Cost 2.961571% All-In TIC 2.919289% Average Coupon 2.961571% Average Life 16.070 Par amount of refunded bonds 1,155,477.67 Average coupon of refunded bonds 4.227235% Average life of refunded bonds 16.674 PV of prior debt to 10/27/2020 @ 2.231299% 1,479,702.52 Net PV Savings 201,763.44 Percentage savings of refunded bonds 17.461475% Percentage savings of refunding bonds 17.165732% l_ Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 2 SAVINGS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Present Value Prior Refunding to 10/27/2020 Date Debt Service Debt Service Savings @ 2.2312991% 12/31/2021 70,613.62 61,998.03 8,615.59 9,245.24 12/31/2022 70,613.69 61,997.86 8,615.83 9,076.66 12/31/2023 70,613.79 61,997.22 8,616.57 8,882.47 12/31/2024 70,738.16 62,120.28 8,617.88 8,694.12 12/31/2025 70,613.97 61,993.36 8,620.61 8,509.08 12/31/2026 70,614.07 61,991.88 8,622.19 8,313.32 12/31/2027 70,614.17 61,995.38 8,618.79 8,132.44 12/31/2028 70,725.97 62,111.82 8,614.15 7,955.46 12/31/2029 70,614.37 61,997.20 8,617.17 7,787.03 12/31/2030 70,614.48 61,997.22 8,617.26 7,620.76 12/31/2031 70,614.61 51,998.82 8,615.79 7,451.49 12/31/2032 70,711.57 62,089.40 8,622.17 7,298.21 12%31/2033 70,614.86 61,999.02 8,615.84 7,137.37 12/31/2034 70,614.98 61,996.96 8,618.02 6,987.09 12/31/2035 70,615.12 61,999.66 8,615.46 6,836.71 12/31/2036 70,694.53 62,073.50 8,621.03 6,688.45 12/31/2037 70,615.42 61,994.34 8,621.08 6,546.31 12/31/2038 70,615.59 61,998.10 8,617.49 6,405.41 12/31/2039 70,615.75 62,000.68 8,615.07 6,268.47 12/31/2040 70,674.41 62,055.56 8,618.85 6,138.94 ( 12/31/2041 70,616.09 61,997.56 8,618.53 6,001.69 12/31/2042 70,616.28 61,996.14 8,620.14 5,876.90 12/31/2043 70,616.48 61,993.24 8,623.24 5,755.80 12/31/2044 70,650.62 62,031.34 8,619.28 5,633.46 12/31/2045 70,616.91 61,996.30 8,620.61 5,516.61 12/31/2046 70,617.10 61,997.90 8,619.20 5,398.93 12/31/2047 70,617.34 61,998.78 8,618.56 5,287.07 12/31/2048 68,978.25 60,357.86 8,620.39 5,170.98 12/31/2049 9,611.55 9,611.55 5,143.41 1,985,703.75 1,734,775.41 250,928.34 201,759.88 Savings Summary PV of savings from cash flow 201,759.88 Plus:Refunding funds on hand 3.56 Net PV Savings 201,763.44 l Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 3 BOND SUMMARY STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Last Maturity 12/01/2048 Arbitrage Yield 2.231299% True Interest Cost(TIC) 2.891012% Net Interest Cost(NIC) 2.961571% All-In TIC 2.919289% Average Coupon 2.961571% Average Life(years) 16.070 Weighted Average Maturity(years) 16.070 Duration of Issue(years) 12.635 Par Amount 1,175,385.00 Bond Proceeds 1,175,385.00 Total Interest 559,390.41 Net Interest 559,390.41 Total Debt Service 1,734,775.41 Maximum Annual Debt Service 62,120.28 Average Annual Debt Service 61,747.99 Underwriter's Fees(per$1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average PV of 1 by Bond Component Value Price Coupon Life change Bank Loan 1,175,385.00 100.000 2.962% 16.070 1,449.98 1,175,385.00 16.070 1,449.98 All-In Arbitrage TIC TIC Yield Par Value 1,175,385.00 1,175,385.00 1,175,385.00 +Accrued Interest +Premium(Discount) Underwriter's Discount -Cost of Issuance Expense -4,129.20 -Other Amounts Target Value 1,175,385.00 1,171,255.80 1,175,385.00 Target Date 10/27/2020 10/27/2020 10/27/2020 Yield 2.891012% 2.919289% 2.231299% ( Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 4 BOND PRICING Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Maturity Bond Component Date Amount Rate Yield Price Bank Loan: 12/01/2021 29,195 2.549% 100.000 12/01/2022 32,770 2.549% 100.000 12/01/2023 33,605 2.550% 100.D00 12/01/2024 34,585 2.550% 100.000 12/01/2025 35,340 2.550% 100.000 12/01/2026 33,210 2.596% 100.000 12/01/2027 34,160 2.629% 100.000 12/01/2028 35,250 2.654% 100.000 12/01/2029 36,140 2.673% 100.000 12/01/2030 37,170 2.688% 100.000 12/01/2031 36,980 2.713% 100.000 12/01/2032 38,180 2.733% 100.000 12/01/2033 39,235 2.750% 100.000 12/01/2034 40,410 2.765% 100.000 12/01/2035 41,625 2.777% 100.000 12/01/2036 41,035 2,803% 100.000 12/01/2037 42,310 2.826% 100.000 12/01/2038 43,710 2.846% 100.000 12/01/2039 45,155 2.864% 100.000 12/01/2040 46,700 2.880% 100.000 12/01/2041 46,090 2.912% 100.000 12/01/2042 47,840 2.940% 100.000 12/01/2043 49,655 2,966% 100.000 ( 12/01/2044 51,580 2.990% 100.000 12/01/2045 53,505 3.011% 100.000 12/01/2046 54,860 3.041% 100.000 12/01/2047 57,165 3.068% 100.000 12/01/2048 57,925 3.093% 100.000 1,175,385 Dated Date 10/27/2020 Delivery Date 10/27/2020 ' First Coupon 06/01/2021 Par Amount 1,175,385.00 Original Issue Discount Production 1,175,385.00 100.000000% Underwriter's Discount Purchase Price 1,175,385.00 100.000000% Accrued Interest Net Proceeds 1,175,385.00 Notes: 2.55%from 10/27/2020 to 12/01/2025 2.85%from 12/01/2025 to 12/01/2030 3.00%from 12/01/2030 to 12/01/2035 3.30%from 12/01/2035 to 12/01/2040 ( 3.80%from 12/01/2040 to 12/01/2045 1 4.20%from 12/01/2045 to 12/01/2048 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 5 ( BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Ending Principal Interest Debt Service 12/31/2021 29,195 32,803.03 61,998.03 12/31/2022 32,770 29,227.86 61,997.86 12/31/2023 33,605 28,392.22 61,997.22 12/31/2024 34,585 27,535.28 62,120.28 12/31/2025 35,340 26,653.36 61,993.36 12/31/2026 33,210 28,781.88 61,991.88 12/31/2027 34,160 27,835.38 61,995.38 ' 12/31/2028 35,250 26,861.82 62,111.82 12/31/2029 36,140 25,857.20 61,997.20 12/31/2030 37,170 24,827.22 61,997.22 12/31/2031 36,980 25,018.82 61,998.82 12/31/2032 38,180 23,909.40 62,089.40 12/31/2033 39,235 22,764.02 61,999.02 12/31/2034 40,410 21,586.96 61,996.96 12/31/2035 41,625 20,374.66 61,999.66 12/31/2036 41,035 21,038.50 62,073.50 12/31/2037 42,310 19,684.34 61,994.34 12/31/2038 43,710 18,288.10 61,998.10 12/31/2039 45,155 16,845.68 62,000.68 12/31/2040 46,700 15,355.56 62,055.56 12/31/2041 46,090 15,907.56 61,997.56 12/31/2042 47,840 14,156.14 61,996.14 12/31/2043 49,655 12,338.24 61,993.24 12/31/2044 51,580 10,451.34 62,031.34 12/31/2045 53,505 8,491.30 61,996.30 12/31/2046 54,860 7,137.90 61,997.90 12/31/2047 57,165 4,833.78 61,998.78 12/31/2048 57,925 2,432.86 60,357.86 1,175,385 559,390.41 1,734,775.41 t Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 6 BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Dated Date 10/27/2020 Delivery Date 10/27/2020 Period Annual Ending Principal Interest Debt Service Debt Service 06/01/2021 17,816.87 17,816.87 12/01/2021 29,195 14,986.16 44,181.16 12/31/2021 61,999.03 06/01/2022 14,613.93 14,613.93 12/01/2022 32,770 14,613.93 47,383.93 12/31/2022 61,997.86 06/01/2023 14,196.11 14,196.11 12/01/2023 33,605 14,196.11 47,801.11 12/31/2023 61,997.22 06/01/2024 13,767.64 13,767.64 12/01/2024 34,585 13,767.64 48,352.64 12/31/2024 62,120.28 06/01/2025 13,326.68 13,326.68 12/01/2025 35,340 13,326.68 48,666.68 12/31/2025 61,993.36 06/01/2026 14,390.94 14,390.94 12/01/2026 33,210 14,390.94 47,600.94 12/31/2026 61,991.88 06/01/2027 13,917.69 13,917.69 12/01/2027 34,160 13,917.69 48,077.69 12/31/2027 61,995.38 06/01/2028 13,430.91 13,430.91 12/01/2028 35,250 13,430.91 48,680.91 12/31/2028 62,111.82 06/01/2029 12,928.60 12,928.60 ( 12/01/2029 36,140 12,928.60 49,068.60 l 12/31/2029 61,997.20 06/01/2030 12,413.61 12,413.61 12/01/2030 37,170 12,413.61 49,583.61 12/31/2030 61,997.22 06/01/2031 12,509.41 12,509.41 12/01/2031 36,980 12,509.41 49,489.42 12/31/2031 61,998.82 06/01/2032 11,954.70 11,954.70 12/01/2032 38,180 11,954.70 50,134.70 12/31/2032 62,089.40 06/01/2033 11,382.01 11,382.01 12/01/2033 39,235 11,382.01 50,617.01 12/31/2033 61,999.02 06/01/2034 10,793.48 10,793.48 12/01/2034 40,410 10,793.48 51,203.48 12/31/2034 61,996.96 06/01/2035 10,187.33 10,197.33 12/01/2035 41,625 10,187.33 51,812.33 12/31/2035 61,999.66 06/01/2036 10,519.25 10,519.25 12/01/2036 41,035 10,519.25 51,554.25 12/31/2036 62,073.50 06/01/2037 9,942.17 9,842.17 12/01/2037 42,310 9,842.17 52,152.17 12/31/2037 61,994.34 06/01/2038 9,144.05 9,144.05 12/01/2038 43,710 9,144.05 52,854.05 12/31/2038 61,998.10 06/01/2039 8,422.84 8,422.84 12/01/2039 45,155 8,422.84 53,577.84 12/31/2039 62,000.68 06/01/2040 7,677.78 7,677.78 12/01/2040 46,700 7,677.78 54,377.78 12/31/2040 62,055.56 06/01/2041 7,953.78 7,953.78 12/01/2041 46,090 7,953.78 54,043.78 12/31/2041 61,997.56 tl 06/01/2042 7,078.07 7,078.07 12/01/2042 47,840 7,078.07 54,918.07 12/31/2042 61,996.14 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 7 BOND DEBT SERVICE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Period Annual Ending Principal Interest Debt Service Debt Service 06/01/2043 6,169.12 6,169.12 12/01/2043 49,655 6,169.12 55,824.12 12/31/2043 61,993.24 06/01/2044 5,225.67 5,225.67 12/01/2044 51,580 5,225.67 56,805.67 12/31/2044 62,031,34 06/01/2045 4,245.65 4,245.65 12/01/2045 53,505 4,245.65 57,750.65 12/31/2045 61,996.30 06/01/2046 3,568.95 3,568.95 12/01/2046 54,860 3,568.95 58,428.95 12/31/2046 61,997.90 06/01/2047 2,416.89 2,416.89 12/01/2047 57,165 2,416.89 59,581.89 12/31/2047 61,998.78 06/01/2048 1,216.43 1,216.43 12/01/2048 57,925 1,216.43 59,141.43 12/31/2048 60,357.86 1,175,385 559,390.41 1,734,775.41 1,734,775.41 { Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 8 SUMMARY OF BONDS REFUNDED Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Maturity Interest Par Call Call Bond Date Rate Amount Date Price Rustlewood Loan 92-03,RSTLW923: SERIAL 01/01/2021 4.125% 6,802.64 10/27/2020 100.000 07/01/2021 4.125% 6,942.94 10/27/2020 100.000 01/01/2022 4.125% 7,086.14 10/27/2020 100.000 07/01/2022 4.125% 7,232.29 10/27/2020 100.000 01/01/2023 4.125% 7,381.46 10/27/2020 100.000 07/01/2023 4.125% 7,533.70 10/27/2020 100.000 01/01/2024 4.125% 7,689.09 10/27/2020 100.000 07/01/2024 4.125% 7,847.67 10/27/2020 100.000 01/01/2025 4.125% 8,009.53 10/27/2020 100.000 07/01/2025 4.125% 8,174.73 10/27/2020 100.000 01/01/2026 4.125% 8,343.33 10/27/2020 100.000 07/01/2026 4.125% 8,515.41 10/27/2020 100.000 01/01/2027 4.125% 8,691.04 10/27/2020 100.000 07/01/2027 4.125% 8,870.30 10/27/2020 100.000 01/01/2028 4.125% 9,053.25 10/27/2020 100.000 07/01/2028 4.125% 9,239.97 10/27/2020 100.000 01/01/2029 4.125% 9,430.54 10/27/2020 100.000 07/01/2029 4.125% 9,625.05 10/27/2020 100.000 01/01/2030 4.125% 9,823.56 10/27/2020 100.000 07/02/2030 4.125% 10,026.18 10/27/2020 100.000 01/01/2031 4.125% 10,232.97 10/27/2020 100.000 07/01/2031 4.125% 10,444.02 10/27/2020 100.000 01/01/2032 4.125% 10,659.43 10/27/2020 100.000 07/01/2032 4.125% 10,879.28 10/27/2020 100.000 01/01/2033 4.125% 11,103.66 10/27/2020 100.000 07/01/2033 4.125% 11,332.68 10/27/2020 100.000 01/01/2034 4.125% 11,566.41 10/27/2020 100.000 07/01/2034 4.125% 11,804.97 10/27/2020 200.000 01/01/203S 4.125% 12,048.45 10/27/2020 100.000 07/01/203S 4.125% 12,296.95 10/27/2020 100.000 01/01/2036 4.125% 12,550.57 10/27/2020 100.000 07/01/2036 4.125% 12,809.43 10/27/2020 100.000 01/01/2037 4.125% 13,073.62 10/27/2020 100.000 07/01/2037 4.125% 13,343.27 10/27/2020 100.000 01/01/2038 4.125% 13,618.47 10/27/2020 100.000 07/01/2038 4.125% 13,899.35 10/27/2020 100.000 01/01/2039 4.125% 14,186.03 10/27/2020 100.000 07/01/2039 4.125% 14,478.61 10/27/2020 100.000 01/01/2040 4.125% 14,777.23 10/27/2020 100.000 07/01/2040 4.125% 15,092.01 10/27/2020 100.000 01/01/2041 4.125% 15,393.08 10/27/2020 100.000 07/01/2041 4.125% 15,710.56 10/27/2020 100.000 01/01/2042 4.125% 16,034.59 10/27/2020 100.000 07/01/2042 4.125% 16,365.31 10/27/2020 100.000 01/01/2043 4.125% 16,702.84 10/27/2020 100.000 07/01/2043 4.125% 17,047.34 10/27/2020 100.000 01/01/2044 4.125% 17,398.94 10/27/2020 100.000 07/01/2044 4.125% 17,757.79 10/27/2020 100.000 01/02/2045 4.12s% 18,124.05 10/27/2020 100.000 07/01/2045 4.125% 18,497.86 10/27/2020 100.000 01/01/2046 4.125% 18,879.37 10/27/2020 100.000 07/01/2046 4.125% 19,268.76 10/27/2020 100.000 01/01/2047 4.125% 19,666.18 10/27/2020 100.000 07/01/2047 4.125% 20,071.79 10/27/2020 100.000 01/01/2048 4.125% 20,485.77 10/27/2020 100.000 07/01/2048 4.125% 19,264.08 10/27/2020 100.000 703,174.S4 USDA Rural Development Series B,2008,RSTLW925: SERIAL 01/01/2021 4.375% 4,106.12 10/27/2020 100.000 07/01/2021 4.375% 4,195.94 10/27/2020 100.000 01/01/2022 4.37s% 4,287.73 10/27/2020 100.000 07/01/2022 4.375% 4,381.52 10/27/2020 100.000 01/01/2023 4.375% 4,477.37 10/27/2020 100.000 07/01/2023 4.375% 4,575.31 10/27/2020 100.000 01/01/2024 4.375% 4,675.40 10/27/2020 100.000 07/01/2024 4.375% 4,777.67 10/27/2020 100.000 01/01/2025 4.375% 4,882.18 10/27/2020 100.000 07/01/2025 4.375% 4,988.98 10/27/2020 100.000 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 9 SUMMARY OF BONDS REFUNDED Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Maturity Interest Par Call Call Bond Date Rate Amount Date Price USDA Rural Development Series B,2008,RSTLW925: SERIAL 01/01/2026 4.375% 5,098.11 10/27/2020 100.000 07/01/2026 4.375% 5,209.64 10/27/2020 100.000 01/01/2027 4.375% 5,323.60 10/27/2020 100.000 07/01/2027 4.375% 5,440.05 10/27/2020 100.000 01/01/2028 4.375% 5,559.05 10/27/2020 100.000 07/01/2028 4.375% 5,680.66 10/27/2020 100.000 01/01/2029 4.375% 5,804.92 10/27/2020 100.000 07/01/2029 4.375% 5,931.90 10/27/2020 100.000 01/01/2030 4.375% 6,061.66 10/27/2020 100.000 07/01/2030 4.375% 6,194.26 10/27/2020 100.000 01/01/2031 4.375% 6,329.76 10/27/2020 100.000 07/01/2031 4.375% 6,468.22 10/27/2020 100.000 01/01/2032 4.375% 6,609.72 10/27/2020 100.000 07/01/2032 4.375% 6,754.30 10/27/2020 100.000 01/01/2033 4.375% 6,902.05 10/27/2020 100.000 07/01/2033 4.375% 7,053.04 10/27/2020 100.000 01/01/2034 4.375% 7,207.32 10/27/2020 100.000 07/01/2034 4.375% 7,364.98 10/27/2020 100.000 01/01/2035 4.375% 7,526.09 10/27/2020 100.000 07/01/2035 4.375% 7,690.72 10/27/2020 100.000 01/01/2036 4.375% 7,858.96 10/27/2020 100.000 07/01/2036 4.375% 8,030.87 10/27/2020 100.000 01/01/2037 4.375% 8,206.55 10/27/2020 100.000 07/01/2037 4.375% 81386.07 10/27/2020 100.000 01/01/2038 4.375% 8,569.51 10/27/2020 100.000 07/01/2038 4.375% 8,756.97 10/27/2020 100.000 01/01/2039 4.375% 8,948.53 10/27/2020 100.000 07/01/2039 4.375% 9,144.28 10/27/2020 100.000 01/01/2040 4.375% 9,344.31 10/27/2020 100.000 07/01/2040 4.375% 9,548.72 10/27/2020 100.000 01/01/2041 4.375% 9,757.60 10/27/2020 100.000 07/01/2041 4.375% 9,971.04 10/27/2020 100.000 01/01/2042 4.375% 10,189.16 10/27/2020 100.000 07/01/2042 4.375% 10,412.05 10/27/2020 100.000 01/01/2043 4.375% 10,639.81 10/27/2020 100.000 07/01/2043 4.375% 10,872.56 10/27/2020 100.000 01/01/2044 4.375% 11,110.39 10/27/2020 100.000 07/01/2044 4.375% 11,353.43 10/27/2020 100.000 01/01/2045 4.375% 11,601.79 10/27/2020 100.000 07/01/2045 4.375% 11,855.58 10/27/2020 100.000 01/01/2046 4.375% 12,114.92 10/27/2020 100.000 07/01/2046 4.375% 12,379.93 10/27/2020 100.000 01/01/2047 4.375% 12,650.74 10/27/2020 100.000 07/01/2047 4.375% 12,927.48 10/27/2020 100.000 01/01/2048 4.375% 13,210.23 10/27/2020 100.000 07/01/2048 4.375% 13,499.24 10/27/2020 100.000 01/01/2049 4.375% 9,404.14 10/27/2020 100.000 452,303.13 1,155,477.67 I Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 10 ESCROW REQUIREMENTS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Period Principal Ending Interest Redeemed Total 10/27/2020 15,774.57 1,155,477.67 1,171,252.24 15,774.57 1,155,477.67 1,171,252.24 t Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 11 ( ESCROW COST Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 10/27/2020 1,171,252.24 1,171,252.24 0 1,171,252.24 1,171,252.24 f Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 12 ESCROW SUFFICIENCY Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 10/27/2020 1,171,25 2.24 1,171,252.24 J 1,171,252.24 1,171,252.24 0.00 C _ 1 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 13 FORM 8038 STATISTICS i' Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Dated Date 10/27/2020 Delivery Date '10/27/2020 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Bank Loan: 12/01/2021 29,195.00 0.000% 100.000 29,195.00 29,195.00 12/01/2022 32,770.00 0.000% 100.000 32,770.00 32,770.00 12/01/2023 33,605.00 0.000% 100.000 33,605.00 33,605.00 12/01/2024 34,585.00 0.000% 100.000 34,585.00 34,585.00 12/01/2025 35,340.00 0.000% 100.000 35,340.00 35,340.00 12/01/2026 33,210.00 0.000% 100.000 33,210.00 33,210.00 12/01/2027 34,160.00 0.000% 100.000 34,160.00 34,160.00 12/01/2028 35,250.00 0.000% 100.000 35,250.00 35,250.00 12/01/2029 36,140.00 0.000% 100.0DO 36,140.00 36,140.00 12/01/2030 37,170.00 0.000% 100.000 37,170.00 37,170.00 12/01/2031 36,980.00 0.000% 100.000 36,980.00 36,980.00 12/01/2032 38,180.00 0.000% 100.000 38,180.00 38,180.00 12/01/2033 39,235.00 0.000% 100.000 39,235.00 39,235.00 12/01/2034 40,410.00 0.000% 100.000 40,410.00 40,410.00 12/01/2035 41,625.00 0.000% 100,000 41,625.00 41,625.00 12/01/2036 41,035.00 0.000% 100.000 41,035.00 41,035.00 12/01/2037 42,310.00 0.000% 100.000 42,310.00 42,310.00 12/01/2038 43,710.00 0.000% 100.000 43,710.00 43,710.00 12/01/2039 45,155.00 0.000% 100.000 45,155.00 45,155.00 12/01/2040 46,700.00 0.000% 100.000 46,700.00 46,700.00 12/01/2041 46,090.00 0.000% 100.000 46,090.00 46,090.00 12/01/2042 47,840.00 0.000% 100.000 47,840.00 47,840.00 12/01/2043 49,655.00 0.000% 100.000 49,655.00 49,655.00 12/01/2044 51,580.00 O.ODO% 100.000 51,580.00 51,580.00 / 12/01/204S 53,505.00 0.000% 100.000 53,505.00 53,505.00 ` 12/01/2046 54,860.00 0.000% 100.000 54,860.00 54,860.00 12/01/2047 57,165.00 0.000% 100.000 57,165.00 57,165.00 12/01/2048 57,925.00 0.000% 100.000 57,925.00 57,925.00 1,175,385.00 1,175,385.00 1,175,385.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 12/01/2048 57,925.00 57,925.00 Entire Issue 1,175,385.00 1,175,385.00 16.0699 2.2313% Proceeds used for accrued interest 0.00 Proceeds used for bond issuance costs(including underwriters'discount) 4,129.20 Proceeds used for credit enhancement 0.00 Proceeds allocated to reasonably required reserve or replacement fund 0.00 Proceeds used to refund prior tax-exempt bonds 1,171,252.24 Proceeds used to refund prior taxable bonds 0.00 Remaining WAM of prior tax-exempt bonds(years) 16.6743 Remaining WAM of prior taxable bonds(years) 0.0000 Last call date of refunded tax-exempt bonds 10/27/2020 2011 Form 8038 Statistics Proceeds used to currently refund prior issues 1,171,252.24 Proceeds used to advance refund prior issues 0.00 Remaining weighted average maturity of the bonds to be currently refunded 16.6743 Remaining weighted average maturity of the bonds to be advance refunded 0.0000 l Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 14 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Refunded Bonds Bond Component Date Principal Coupon Price Issue Price Rustlewood Loan 92-03: SERIAL 01/01/2021 6,802.64 4.125% 100.000 6,802.64 SERIAL 07/01/2021 6,942.94 4.125% 100.000 6,942.94 SERIAL 01/01/2022 7,086.14 4.125% 100.000 7,086.14 SERIAL 07/01/2022 7,232.29 4.125% 100.000 7,232.29 SERIAL 01/01/2023 7,381.46 4.125% 100.000 7,381.46 SERIAL 07/01/2023 7,533.70 4.125% 100.000 7,533.70 SERIAL 01/01/2024 7,689.09 4.125% 100.000 7,689.09 SERIAL 07/01/2024 7,847.67 4.125% 100.000 7,847.67 SERIAL 01/01/2025 8,009.53 4.125% 100.000 8,009.53 SERIAL 07/01/2025 8,174.73 4.125% 100.000 8,174.73 SERIAL 01/01/2026 8,343.33 4.125% 100.000 8,343.33 SERIAL 07/01/2026 8,515.41 4.125% 100.000 8,515.41 SERIAL 01/01/2027 8,691.04 4.125% 100.000 8,691.04 SERIAL 07/01/2027 8,870.30 4.125% 100.000 9,870.30 SERIAL 01/01/2028 9,053.25 4.125% 100.000 9,053.25 SERIAL 07/01/2028 9,239.97 4.125% 100.000 9,239.97 SERIAL 01/01/2029 9,430.54 4.125% 100.000 9,430.54 SERIAL 07/01/2029 9,625.05 4.125% 100.000 9,625.05 SERIAL 01/01/2030 9,823.56 4.125% 100.000 9,823.56 SERIAL 07/01/2030 10,026.19 4.125% 100.000 10,026.18 SERIAL 01/01/2031 10,232.97 4.125% 100.000 10,232.97 SERIAL 07/01/2031 10,444.02 4.125% 100.000 10,444.02 SERIAL 01/01/2032 10,659.43 4.125% 100.000 10,659.43 SERIAL 07/01/2032 10,879.28 4.125% 100.000 10,879.28 SERIAL 01/01/2033 11,103.66 4.125% 100.000 11,103.66 ` SERIAL 07/01/2033. 11,332.68 4.125% 100.000 11,332.68 SERIAL 01/01/2034 11,566.41 4.125% 100.000 11,566.41 SERIAL 07/01/2034 11,804.97 4.125% 100.000 11,804.97 SERIAL 01/01/2035 12,048.45 4.125% 100.000 12,048.45 SERIAL 07/01/2035 12,296.95 4.125% 100.000 12,296.95 SERIAL 01/01/2036 12,550.57 4.125% 100.000 12,550.57 SERIAL 07/01/2036 12,809.43 4.125% 100.000 12,809.43 SERIAL 01/01/2037 13,073.62 4.125% 100.000 13,073.62 SERIAL 07/01/2037 13,343.27 4.125% 100.000 13,343.27 SERIAL 01/01/2038 13,618.47 4.125% 100.000 13,618.47 SERIAL 07/01/2038 13,899.35 4.125% 100.000 13,899.35 SERIAL 01/01/2039 14,186.03 4.125% 100.000 14,186.03 SERIAL 07/01/2039 14,478.61 4.125% 100.000 14,478.61 SERIAL 01/01/2040 14,777.23 4.125% 100.000 14,777.23 SERIAL 07/01/2040 15,092.01 4.125% 100.000 15,082.01 SERIAL 01/01/2041 15,393.08 4.125% 100.000 15,393.08 SERIAL 07/01/2041 15,710.56 4.125% 100.000 15,720.56 SERIAL 01/01/2042 16,034.59 4.125% 100.000 16,034.59 SERIAL 07/01/2042 16,365.31 4.125% 100.000 16,365.31 SERIAL 01/01/2043 16,702.84 4.125% 100.000 16,702.84 SERIAL 07/01/2043 17,047.34 4.125% 100.000 17,047.34 SERIAL 01/01/2044 17,399.94 4.125% 100.000 17,398.94 SERIAL 07/01/2044 17,757.79 4.125% 100.000 17,757.79 SERIAL 01/01/2045 18,124.05 4.125% 100.000 18,124.05 SERIAL 07/01/2045 18,497.86 4.125% 100.000 19,497.86 SERIAL 01/01/2046 18,879.37 4.125% 100.000 18,979.37 SERIAL 07/01/2046 19,268.76 4.125% 100.000 19,268.76 SERIAL 01/01/2047 19,666.18 4.125% 100.000 19,666.18 SERIAL 07/01/2047 20,071.79 4.125% 100.000 20,071.79 SERIAL 01/01/2048 20,485.77 4.125% 100.000 20,485.77 SERIAL 07/01/2048 19,264.08 4.125% 100.000 19,264.08 703,174.54 703,174.54 USDA Rural Development Series B,2008: SERIAL 01/01/2021 4,106.12 4.375% 100.000 4,106.12 SERIAL 07/01/2021 4,195.94 4.375% 100.000 4,195.94 SERIAL 01/01/2022 4,287.73 4.375% 100.000 4,287.73 r/ SERIAL 07/01/2022 4,381.52 4.375% 100.000 4,381.52 SERIAL 01/01/2023 4,477.37 4.375% 100.000 4,477.37 SERIAL 07/01/2023 4,575.31 4.375% 100.000 4,575.31 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 15 FORM 8038 STATISTICS Mason County,Washington Limited Tax General Obligation Refunding Bond,2020B(North Cascades Bank) Refunded Bonds Bond Component Date Principal Coupon Price Issue Price USDA Rural Development Series B,2008: SERIAL 01/01/2024 4,675.40 4.375% 100.000 4,675.40 SERIAL 07/01/2024 4,777.57 4.375% 100.000 4,777.67 SERIAL 01/01/2025 4,882.18 4.375% 100.000 4,882.18 SERIAL 07/01/202S 4,988.98 4.375% 100.000 4,988.98 SERIAL 01/01/2026 5,098.11 4.375% 100.000 5,098.11 SERIAL 07/01/2026 5,209.64 4.375% 100.000 5,209.64 SERIAL 01/01/2027 5,323.60 4.375% 100.000 5,323.60 SERIAL 07/01/2027 5,440.05 4.375% 100.000 5,440.05 SERIAL 01/01/2028 5,559.05 4.375% 100.000 5,559.05 SERIAL 07/01/2028 5,680.66 4.375% 100.000 5,680.66 SERIAL 01/01/2029 5,804.92 4.375% 100.000 5,804.92 SERIAL 07/01/2029 5,931.90 4.375% 100.000 5,931.90 SERIAL 01/01/2030 6,061.66 4.375% 100.000 6,061.66 SERIAL 07/01/2030 6,194.26 4.375% 100.000 6,194.26 SERIAL 01/01/2031 6,329.76 4.375% 100.000 6,329.76 SERIAL 07/01/2031 6,469.22 4.375% 100.000 6,468.22 SERIAL 01/01/2032 6,609.72 4.375% 100.000 6,609.72 SERIAL 07/01/2032 6,754.30 4.375% 100.000 6,754.30 SERIAL 01/01/2033 6,902.05 4.375% 100.000 6,902.05 SERIAL 07/01/2033 7,053.04 4.375% 100.000 7,053.04 SERIAL 01/01/2034 7,207.32 4.375% 100.000 7,207.32 SERIAL 07/01/2034 7,364.98 4.375% 100.000 7,364.98 SERIAL 01/01/2035 7,526.09 4.375% 100.000 7,526.09 SERIAL 07/01/2035 7,690.72 4.375% 100.000 7,690.72 SERIAL 01/01/2036 7,858.96 4.375% 100.000 7,858.96 ( SERIAL 07/01/2036 8,030.87 4.375% 100.000 8,030.87 t-- SERIAL 01/01/2037 8,206.55 4.375% 100.000 8,206.55 SERIAL 07/01/2037 8,386.07 4.375% 100.000 8,386.07 SERIAL 01/01/2038 8,569.51 4.375% 100.000 8,569.51 SERIAL 07/01/2038 8,756.97 4.375% 100.000 9,756.97 SERIAL 01/01/2039 8,948.53 4.375% 100.000 8,948.53 SERIAL 07/01/2039 9,144.28 4.375% 100.000 9,144.29 SERIAL 01/01/2040 9,344.31 4.375% 100.000 9,344.31 SERIAL 07/01/2040 9,548.72 4.375% 100.000 9,548.72 SERIAL 01/01/2041 9,757.60 4.375% 100.000 9,757.60 SERIAL 07/01/2041 9,971.04 4.375% 100.000 9,971.04 SERIAL 01/01/2042 10,189.16 4.375% 100.000 10,189.16 SERIAL 07/01/2042 10,412.05 4.375% 100.000 10,412.05 SERIAL 01/01/2043 10,639.81 4.375% 100.000 10,639.81 SERIAL 07/01/2043 10,872.56 4.375% 100.000 10,872.56 SERIAL 01/01/2044 11,110.39 4.375% 100.000 11,110.39 SERIAL 07/01/2044 11,353.43 4.375% 100.000 11,353.43 SERIAL 01/01/2045 11,601.79 4.375% 100.000 11,601.79 SERIAL 07/01/2045 11,855.58 4.375% 100.000 11,855.58 SERIAL 01/01/2046 12,114.92 4.375% 100.000 12,114.92 SERIAL 07/01/2046 12,379.93 4.375% 100.000 12,379.93 SERIAL 01/01/2047 12,650.74 4.375% 100.000 12,650.74 SERIAL 07/01/2047 12,927.48 4.375% 100.000 12,927.48 SERIAL 01/01/2048 13,210.23 4.375% 100.000 13,210.23 SERIAL 07/01/2048 13,499.24 4.375% 100.000 13,499.24 SERIAL 01/01/2049 9,404.14 4.375% 100.000 9,404.14 452,303.13 452,303.13 1,155,477.67 1,155,477.67 Remaining Last Weighted Call Issue Average Date Date Maturity Rustlewood Loan 92-03 10/27/2020 07/01/2008 16.5121 USDA Rural Development Series B,2008 10/27/2020 07/01/2008 16.9264 All Refunded Issues 10/27/2020 16.6743 Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 16 T COST OF ISSUANCE Mason County,Washington Limited Tax General Obligation Refunding Bond,2020E(North Cascades Bank) Cost of Issuance $/1000 Amount Foster Garvey P.C.(Bond Counsel) 2.22023 2,609.62 Northwest Municipal Advisors(Financial Advisor) 1.29294 1,519.58 3.51306 4,129.20 l Oct 13,2020 2:38 pm Prepared by Northwest Municipal Advisors (Finance 8.500 Mason County:REF2020) Page 17 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 532 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Monday, December 7, 2020 at 9:00 a.m. to consider adoption of the 2021 budget for Mason County. Copies of the 2021 preliminary budget will be available to the public on November 23rd . BACKGROUND: RCW 36.40.060 requires the Board of County Commissioners to hold a public hearing on the 2021 Preliminary Budget to allow taxpayers to""appear and be heard for or against any part of the budget." The public hearing also allows county departments to publicly testify if they so desire. Pursuant to RCW 36.40.071 and Resolution No. 111-85, this hearing is to be held on the first Monday in December. Copies of the 2021 Preliminary Budget will be available to the public on November 23, 2020 and available on the county's website —www.co.mason.wa.us. A balanced budget must be adopted by December 31. RECOMMENDED ACTION: Approval to set a public hearing on Monday, December 71 2020 at 9:00 a.m. to consider adoption of the 2021 budget for Mason County. Copies of the 2021 preliminary budget will be available to the public on November 23, 2020. 10/21/2020 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing via Zoom at Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Monday, December 7, 2020 at 9:00 a.m. To join the Zoom meeting go to our website —www.co.mason.w.us and click on the "Join the 2021 Budget Workshop Zoom Meeting" link. SAID HEARING will.be to take public comment on the adoption of the 2021 Mason County Budget. The 2021 preliminary budget will be available to the public on November 23, 2020. You may request a copy via email msmith@co.mason.wa.us; or go to our website — www.co.mason.wa.us . PUBLIC COMMENT will be accepted via email msmith(a)co.mason.wa.us; or mail to Commissioners' Office, 411 North Fifth Street, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners' Office no later than 4:00 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office, 427- 9670, Ext. 419. From the.Belfair area, please dial 275-4467. DATED this 3�d day of November, 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal-Publ 2x 11/12& 11/19 (Bill: Commissioner,411 North 5`", Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 532 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # 8.2 (Commissioner staff to complete) BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Tuesday, November 24, 2020 at 9:15 a.m. to Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2021. An increase to the Current Expense and Road property tax levies for 2021 may be considered. BACKGROUND: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, November 24, 2020 at 9:15 a.m. to Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2021. An increase to the Current Expense and Road property tax levies for 2021 may be considered. J:\Budget Adoption Info\2021\2021 Agenda Items&Resolutions\Agenda Cover to set hearing for Nov 24-certify levies-l.doc NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing via Zoom at Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Tuesday, November 24, 2020 at 9:15 A.M. To join the Zoom meeting go to our website — www.co.mason.wa.us and click on the "Join the 2021 Budget Workshop Zoom Meeting" link. SAID HEARING will be to take public comment on the certification to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2021. An increase to the Current Expense and Road property tax levies for 2021 may be considered. PUBLIC COMMENT will be accepted via email msmith@co.mason.wa.us; or mail to Commissioners' Office, 411 North Fifth Street, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners' Office no.later than 4:00 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 3rd day of November, 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal-Publ 2t: 11/12&11/19 (Bill: Commissioners—411 North 5"'Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 11/3/2020 Agenda. Item-# $,3 Commissioner staff to complete) BRIEFING DATE: 10/19/20 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to reclassify the Senior Accounting Technician in Public Works Utilities and Waste Division to a Program Support Technician effective November 16, 2020 and place the incumbent in Step 1 of the"2020 Teamsters General Service Salary Scale. Background: The Public Works Director requests to reclassify the Senior Accounting Technician to a Program Support Technician based on the reclassification application submitted, which shows evidence the majority of the job duties have changed to the extent they are more accurately reflected in another existing classification description, which also entails an increased skill set, education and/or experience to perform the essential job duties. RECOMMENDED ACTION: Approval to reclassify the Senior Accounting Technician in Public Works Utilities and Waste Division to a Program Support Technician effective November 16, 2020 and place the incumbent in-Step 1 of the 2020 Teamsters General Service Salary Scale. Attachment: Reclassification request and Human Resources analysis Human Resources Budget Management o:� cod Masan County Support Services Department Commissioner Administration 411 N 51h Street Emergency Management Facilities,Parks&Trails Shelton,WA 9$5£4 Human Resources 360.427.9670 ext. 422 Information Services Labor Relations &N Frank Pinter, Director Risk Management MEMORANDUM To: . Victor Rhett, Finance Manager From: Frank Pinter,Support Services Director - Date: - October 12,2020 Subject: Senior Accounting Technician Reclassification Request Union/Non Represented:Teamster's General Services Current Range/Step:Sr.Acct Tech Step 1-5 Salary:$52,884.72-$58,374.96 Requested Range/Step:Program Support Step 1-5 Salary:$58,154.16-$64,191.36 Requested New Title:Program Support Technician Background:(Per Department's Request) In the recent past,Finance Department was budgeted a Program Support Tech position.About March 2018,the last incumbent of the Program Support Technician position retired.The position was never filled.Responsibilities of the position were parsed between the finance manager and the Senior Accounting Technician. Ms. Arndt,Sr.Accounting Technician took on performance of those many of those duties. This reclassification seeks to recognize the increased complexity of the job duties performed by the now Senior Accounting Technician.We found no job description that applies specifically to the Program Support Technician as performed in the Public Works Finance Department. Therefore,we are using the job description for the Program Support Position- Parks and Trails Department as a guide to assist us in proposing the job elements and duties performed in the Public Works Finance Department_ Analysis: There is evidence to show the majority of the job duties have changed to the extent they are more accurately reflected in another existing classification description,which also entails a different skill set,which requires increased education or experience in order to perform essential job functions. HR Recommendation:Recommendation is to support the request to reclassify the incumbent of the Public Works— Utilities&Waste Senior Accounting Technician to a Program Support Technician based on the increased complexity of the essential job functions and assigned work. Human Resources recommends the incumbent be placed at a Step 1, which provides for 7.28%increase from the incumbents current salary range and Step placement. HR Recommended Range/Step: Program Support Technician Salary: $4,846.18 Dawn Twiddy From: Victor Rhett RECEIVE® Sent: Friday, October 2, 2020 1:20 PM To: Dawn Twiddy OCT 0 5 2020 Cc: Loretta Swanson; Dawnell Arndt Subject: Reclassification Request, PW Finance Mason County Attachments: Reclassification Request Form, PW-Finance Arndt.docx wuman Resources Hello Dawn, Attached, please find the completed reclassification request from Senior Accounting Technician to Program Support Services Technician in the Public Works Finance Department. The subject position is currently held by Dawnell Arndt. I have embedded the following supporting documents at strategically in the reclassification document: • Evaluation of duties performed—it contains 2 worksheets and a summary. • Current job description,Senior Accounting Technician • Proposed Job Description, Program Services Technician Please Jet me know if you have questions or concerns. Thank you, Victor E. Rhett, CPA,CIA, CFE Finance Manager Mason County Public Works vrhett@co.mason.wa.us tel: (360)427-9670 ext. 388 Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately Deflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perforni essential job fiinctions. DATE:10/2/2020 UNION: DEPARTMENT:Public Works UNION APPROVAL:❑ PREPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: • Victor E Rhett,Finance Manager EXEMPT❑ DATE:r.ht,k h.::t. •_trt r.r r1.11, • Dawnell Arndt,Sr.Accounting NON EXEMPT 0 REVIEWED BY: Teclu�ician CURRENT JOB TITLE:Senior Accounting Technician CURRENT SALARY RANGE: $4.473,l7 to$4,937.54 PROPOSED NEW JOB TITLE: Pmgtntn Support Tectuticiwt PROPOSED NEW SALARY RANGE: $4,918.87 to$5,429.52 ATTACHMENTS: ou Sr Acctg Tech III Program Support CURRENT JOB DESCRIPTION:N (new 2-6-14).pdf PROPOSED JOB DESCRIPTION:® Tech-PW Finance,Pi BACKGROUND: In the recent past,Finance Depattinent was budgeted a Program Support Tech position.About Maruh 2018,the last incumbent of the Program Support Technician position recited.The position was never tilled.Responsibilities orthe position were parsed between the tnance manager and the Senior Accounting Technician. Ms. Arndt,Sr.Accounting Technician took ou pettbmiance ofthose many of those duties. T1is reclassification seeks to recognize the incniased complexity of the job duties performed by die now Senior Accounting Technician.We found no job description that applies stweilically to the Program Support Technician as pertonned in the Public Works Finance Department. Thcreforc,we are using the job description ti)r tic Program Support Position-Parks and Trinils Depamnent as a guide to assist us in proposing the job element_c and duties petfonrted in the Public Works Finance Depattment. REQUEST(Specifically outline the job dtuics&increased education rcquimments,which inquire a di$ctent skill set causing the increased education &experience): We have outlined trite job ditties requiring a different skill set that in ouropituon correspond to the essential duties oftlte P;ng;am Support Technician job description. Please refer to our detailed job evaluation that is embedded below: ^• Evaluation of lob Duties As Performec BASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside oftheir nomtal type ofworl,): The Sr.Accountant Technician position has taken oil the new duties due to long-tcrnt vacancy of the Program Support position and reassignment ofmuch of that work to the Sr,Accounting,Technician outside of the normal duties. ACTION REQUESTED: We urge die Human Resources department with concurrence of the County Commissioners to reclassify upwards the position of Senior Accounting Technician to Program Support Technician ut Public Works Finance,in accordance with our analysis, J 'l Elected OfticiaMepartment Head Signature `- �lh i'.i r/ S'l f Date 10 91262c) Human Resources Signature Date I o /L ZVLCJ 13RTla>I 1]l ,_:!_Clil i3 1r� !)QI t�1 ,[3at T�1 rnil9l s910N,T)RS� flocs this request qualify for Reclussification?0Yes []No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval, Is a Salary Range Resolution needed?,0 Yes 0 No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved: Once approved it is[lie responsibility of the department to submit a Personnel Action Fonn. 0.,99�� CpLNr � F ;xU POSITION DESCRIPTION Title: Senior Accounting Technician Department: Utilities and Waste Affiliation: Teamsters General Services Reports to: Public Works Finance Manager Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current Collective 1028 Bargaining Agreement Union Approval Date: Manager Approval Date: GENERAL DESCRIPTION: Performs highly technical accounting work and maintains departmental accounting records to provide management with necessary financial information. DISTINGUISHING FEATURES OF THE CLASS: This one position assigned to the Senior Accounting Technician classification is distinguished from the Accounting Technician classification by the greater degree of complexity of accounting duties related to grants, contracts and budgets. ESSENTIAL JOB FUNCTIONS: Performs multiple departments and funds accounting activities in the areas of budgeting, payroll,grants, contracts, accounts receivable, invoicing treasurer's deposits, building permit statistics, financial report compilation and other assigned accounting activities within departments and funds. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Prepares and maintains departmental journals and records for assigned activities per legal requirements and County procedures. Audits, reconciles discrepancies and corrects irregularities to ensure accurate records for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departments and miscellaneous funds budgets and in the preparation of cost estimates for work performed by department personnel. Maintains records of inventory and fixed assets within the department. Assists in the preparation of and monitors departmental grant budgets and contracts and charges appropriate expenditures, including labor and indirect costs against grants and contracts. Ensures departmental accounting practices comply with local, state and federal requirements and with any applicable grant or contract requirements by reviewing and monitoring procedures and practices. Prepares and submits departmental payroll and employee leave information to ensure employees are paid correctly. Maintains departmental personnel files and records ensuring confidentiality. OTHER JOB FUNCTIONS: Order office supplies, preparing advanced travel, provide customer service. Performs other related work as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. Regular, reliable and punctual attendance. Est.XXX/Rev 1-2.2017(format)/Rev 2-10.08.2020 QUALIFICATIONS: Knowledge of - Accounting principles, methods and terminology. - Governmental accounting and budgeting principles and procedures - Grant accounting procedures and processes. - Basic data principles and accounting application software. BARS -Budgeting, Accounting and Reporting System. Ability to Plan, organize and complete work in a timely manner. Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles. Communicate effectively, both orally and in writing. = Establish and maintain effective working relationships with staff, other agencies, vendors and the general public. Apply and adapt established accounting methods to a variety of financial transactions. Set work priorities. Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent-combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: AA Degree in Accounting or related field and three years of progressively responsible technical experience in governmental accounting, grant accounting, budgeting and payroll. LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: Valid WA State driver's license, or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Blood Borne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est.XXX/Rev 1-2.2017(format)/Rev 2-10.08.2020 CO— POSITION DESCRIPTION (Proposed) Ili Sd Title: Program Support Technician Department: Public Works-Finance, Department of Utilities and Waste Management Affiliation: Teamsters General Services Reports to: Public Works Finance Manager Exempt: Non-Exempt: X_ Supervises/Directs: None Job Class: 1029 Risk Class: 5306-07 Salary Range: According to current Collective Bargaining Agreement Union Approval Date: Director Approval Date: GENERAL DESCRIPTION Provide direct support to Manager in all areas related to department and program operations. Independently coordinate a variety of specialized project operations. DISTINGUISHING CHARACTERISTICS The classification of Program Support Technician is distinguished from a Senior Account Technician classification by the greater degree of complexity in department and program support duties, independent judgement required to complete tasks and the diversity of responsibilities affiliated with departmental and program operations. Responsibilities and duties involve independently completing specialized and complex assignments to ensure achievement of goals and objectives established within the department. Positions in the Program Support Technician classification are directly responsible for providing clear and concise information to staff, program participants, other departments within the county, and individuals representing both the public & private sector. Positions in this classification are required to work independently. Task assignments for the Program Support Technician classification require knowledge and experience specific to the department and special programs within the department. Positions in this classification are expected to function with limited supervision and minimal direction. ESSENTIAL JOB FUNCTIONS (Any one position may not include all of the duties listed nordo the listed examples include all tasks, which may be found in positions of this class.) Emphasized duties are shown in red. A. Performs tasks requiring knowledge and experience that is specific to a department or specialized program and provides administrative office support for the department. a. Liens-process legal documents,file with the County Auditor b. Bankruptcy—process bankruptcy claims, confer with DPA, create recovery accounts receivable, detennine additional action to minimize loss to county. B. Coordinates operations with the Manager to ensure departmental adherence to established procedure, rules, and regulations. C. Independently prioritizes activities to guarantee completion of task assignments in order to meet established deadlines. D. Participates in planning, organizing and coordinating departmental functions; assists with preparation and administration of department budget for payroll and operations. (adapted from): Est.9/1/2006/Rev 1-8.13.2020 E. Provides departmental representation to other agencies, departments, clients,-participants, and members of the public; including interpretation of policies, procedures, and regulations. Assists clientele by providing department interpretation of policies, procedures, and laws; responds to questions regarding the department verbally, in writing or by providing appropriate printed material. a. Interfaces with realtors, title companies, attorneys, to recover unpaid utility billings. Confers with DPA. F. Prepares statistical and narrative elements of annual department budget to the Manager for submission to Board of County Commissioners, County Budget Director, and Chief Accountant. Develops accurate information to support budgetary requests for the department. Calculates annual revenue and expenditure estimates required for efficient operation of the department. G. Assists in management of department budget via coordination of expenditures allocated to personnel, maintenance and operations, capital improvement projects, and grant programs. H. Ability to perform all duties of supporting subordinate personnel for training of new staff and/or in the event of vacancies or emergencies. I. This position is responsible for directing the activities, serving as lead and some supervisory authorities regarding other employees. J. Assists with annual budget preparations and provides recommendations for department improvements. K. Assists with the interviewing and hiring of new employees. L. Provides on the job training and cross training to workers in equal and lower job classes. M. Regular and reliable attendance. WORKING CONDITIONS Duties are primarily performed in an office environment while sitting at a desk or computer with frequent interruptions, usually for delivery of service to the public. Duties also include meeting the requirements of weekly, monthly, quarterly and annual deadlines for submission of various records and reports, often under stressful conditions. Travel is required on a regular basis to complete the voucher process, pick up mail, and attend meetings. May involve contact with annoyed and sometimes argumentative individuals. QUALIFICATIONS Knowledge of. • Practices, principles, and procedures associated with departmental programs. • Knowledge of county finance, budget and grant management principles and practices • Working knowledge of Government Budget, Account and Report System (BARS) • Data collection, analysis and delivery; including statistical reporting • Legal requirements, regulations and laws applicable to program Ability to: • Establish and maintain effective work relationships with staff, other County departments, outside agencies and the general public. • Operate a variety of office equipment including computer terminals and a variety of software. • Perform complex, technical calculations • Produce accurate, effective statistical documents related to the department • Communicate effectively, both orally and in writing • Perform under stressful conditions and meet established deadlines • Provide cash handling skills and ability to follow cash handling policy • Physically perform the essential functions of the job EDUCATION AND EXPERIENCE Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Two years technical or college level courses in accounting, office technology or related field and three years progressively responsible office experience with emphasis on Government Budget, Account and Report System (BARS); with a working knowledge of county finance, budget, utility billing and collections procedures and grant management principles and practices. (adapted from): Est. 9/1/2006/Rev 1-8.13.2020 LICENSES, CERTIFICATES AND OTHER REQUIREMENTS Valid Washington State Driver's License Five Year Driver's Abstract indicating no serious moving violations Ability to pass a Washington State Patrol background check reflecting suitability for finance related work. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment& Discrimination Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually FMLA-Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: (adapted from): Est. 9/1/2006/Rev 1-8.13.2020 Assignment Pgm Sr ID Duties Actually performed (per incumbent) Sup. Acct. 1 1 answer to both Utilities&Waste's deputy director and answer to the accounting finance manager E 2 Work with the departments supervisors for any information they need and help in changing and updating old and outdated procedures B 3 1 Set up and now maintain Utilities&Wastes asset tracking in CAMS X 4 Accounts Payable processing—including Credit Cards using BARS X 5 Assist in setting up project and maintaining project files, (creating is a PS Tech function) A 6 Prepare and submit grant submittals for reimbursementper individual grant requirments A 7 Maintain and update grant files. X 8 A/P processing X Process Bankruptcy notices—stop utility account as of date of bankruptcy, 9 start a new account with current charges and linking both accounts for an accurate history of such accounts. A 10 Export invoices from CAMS to Munis—fix any errors X 11 Post Accounts Payable batches X 12 Verify& prepare loan &bond payments with BARS coding X 13 Mail Accounts Payable Warrants&enter warrant numbers in CAMS X 14 Update,Verify& Enter ACH info for Utility Accounts X 15 Update and release ACH info in Columbia Bank secure access for Utility Accounts X 16 Run Munis&Treasurer reports for balancing purposes X 17 Run and post monthly Utility service charges and finance fees X 18 Run Belfair sewer loan charges& post X 19 Run Belfair loan statements& Mail x 20 Receipt and deposit loan payments X 21 Verify refund requests X 22 Pay Quarterly SW Enforcement fee to Environmental health X 23 Compiles and issues solid waste and utilities tax report and submits SOW Dept of Revenue. C 24 Prepare excise, B&O taxes monthly for the dept of revenue E 25 Create new utility accounts& update charge codes B 26 Post Penalties& New charges for Utilities Monthly X 27 Update customer balances in point& pay X 28 NSF charges to accounts X 29 Receive connect fees and process permit X 30 Setup payment arrangements with past due customers E 31 1 am back-up public records officer B 32 Box up previous years info &log in accounting records X 33 Send locate requests to utilities operating staff X 34 Answer Phones& Provide Customer Service X 35 Assist in other Billings interdepartmental/intergovernmental E 36 Receipt&deposit payments for Utilities&Solid Waste when our clerk is on vacation JA Assignment Pgm Sr ID Duties Actually performed (per incumbent) Sup. Acct. 37 Post payments to Utilities&Solid Waste accounts x 38 Assist Solid Waste acct customers with billing problems x 39 Balance monthly Cash Flow Sheet F 40 Balance cams to munis including journal entry x 41 Process Liens and releases A, E 42 Run CAMS reports for needed information for other departments and for budgetary purposes E 43 Assist in setting up project and maintaining project files A 44 Trains subordinates in financial.matters and procedures A 45 Position prepares statistical info and reports needed for budgetary process D 46 Assists employees and the public in researching record information x 47 1 seem to be the go to person for my co workers when they are not sure how to do something or they are not sure how to fix a mistake. A 48 1 always step up and take the lead with things that need to be done: organizing office, record keeping and meeting deadlines. C 49 Works with Treasurers office in utilities forclosure proceedings E 50 File claims on bankruptcy cases when applicable E,C MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 11/3/20 Agenda Item# 13A (Commissioner staff to complete) BRIEFING DATE: 1o/1g/2o BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the January 1, 2020 — December 31, 2023 Collective Bargaining Agreement (CBA) for Teamsters Union Local No. 252 representing Mason County Community and Family Health staff,with retro to January 1, zozo. BUDGET IMPACTS: Supplemental—Funded by Public Health Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County Community and Family Health staff have reached a tentative agreement with Mason County for the 2020-2023 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 1, 2020 — December 31, 2023 Collective Bargaining Agreement(CBA)for Teamsters Union Local No. 252 representing Mason County Community and Family Health staff, with retro to January i, 2o2o. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Final DRAFT 2020-2023 Teamsters-Corn Family Health AS OF 10212020 Printed on 10/28/2020 COLLECTIVE BARGAINING A^rl January 1, 2020 ® Decembers 31, 2023 BETWEEN TEAMSTERS UNION LOCAL NO. 252 4� 3 MASON COUNTY COMMUNITY AND FAMILY HEALTH AND MASON COUNTY reo I�,54 I 1 I f TABLE OF CONTENTS PREAMBLE... ......................................... ................................................... ............... ......................5 ARTICLE'I -DEFINITIONS................:..........................................................................:..............................................5 ARTICLE2-RECOGNITION.....:........:................................................................................................:..............:.......6 2.1 RECOGNITION...................:...............................................................................................................................6 2.2 NEW CLASSIFICATIONS ARTICLE3-UNION SECURITY............................................. ................ . ................. . .....................6 3:1 MEMBERSHIP................................................................................................................................. 6 ! 3.2 NONDISCRIMINATION-UNION ACTIVITY.........................................................................................................7 ARTICLE 4-UNION/EMPLOYER RELATIONS..................................................................... 4.1 UNION ACCESS................................................................................................................................................7 4.2 FACILITY USE................................................................................................................................................:..8 4.3 STEWARDS.....................:.........:.......................................................................................................................8 4.4 ORIENTATION.....:............................................................:.::.............................................................................8 4.5 BULLETIN BOARDS................................................................. .................................................... 8 4.6 CONTRACT DISTRIBUTION.............................................................................:.................................................8 4.7 NEGOTIATIONS RELEASE TIME........................................................................................................................9 4.8 GRIEVANCE RELEASE TIME.............................................................................................................................9 4.9 UNION BUSINESS........................:....................................................................................................................9 ARTICLE5-EMPLOYMENT.................................... .......... . . ....................... . ...........................................9 5.1 PROBATIONARY PERIODS.......................:..:...............................................................................................:.....9 5.2 TYPES OF EMPLOYMENT..........................:.....................................................................................................10 5.3 CONTRACTORS..................................................................................................................................:...........I I 5.4 STUDENTS/INTERNS.....................................................................................................................................]1 ARTICLE 6-HOURS OF WORK AND OVERTIME.......................................................................:......:...............11 6.1 WORKDAY/WORKWEEK......................................,..............,.........................................................................11 6.2 WORK SCHEDULES........................................................................................................................................11 6.3 REST/MEAL BREAKS.......................... 12 i 6.4 OVERTIME......................................................................................................................................................12 6.5 COMP TIME........•.....................................................................:......................................................................12 ARTICLE 7 EMPLOYMENT PRACTICES. ............................................................................................. ........13 7.1 NONDISCRIMINATION.....................................................................................................:................................13 7.2 JOB POSTING............:....................................................................................................................................13 7.3 PROMOTIONS...........................................:.....................................................................................................13 7.4 PERSONNEL FILE/POLICIES.:.......................................................................................................................13 7.5 EVALUATIONS..........................................:........:.....:......::...............................................................................14 7.6 DISCIPLINE/CORRECTIVE ACTION...............................................................................................................14 ARTICLE8-SENIORITY........... ..... . ............................................................................. ............................16 8.1 DEFINITIONS............................. . .................................. . ...... . .......................................... 16 8.2 APPLICATION OF SENIORITY.:.....................................................................................:.................................17 8.3 PROBATIONARY PERIOD...........................................................................................:....................................18 8.4 LOSS OF SENIORITY.......................... ........18 8.5 LAYOFFS........................................................................................................................................................18 8.6 NOTICE...........................................................................................................................................................19 8.7 MEETING WITH UNION.................................. 19 ................................... 8.8 AFFECTED GROUP.................. ............................ . .......................................................................___4._,x. 10 8.9 VACANT POSITIONS._. i 2020-2023 Collective Bargaining Agreement Mason County and Teamster_5_-Community d F roily f.I e 2 � � j � ` 8.10 SENIORITY LIST.................................................................................. ..........................................................2O 8.11 ORDER OF LAYOFF......... �12 COMPARABLE EMPLOYMENT ' 2D------------'---------'---------------- i 8.13 LAYOFF OPTIONS...........................................................................................................................................2l 8.14 REDUCTION HOURS/FTE.............................................................................................................................22 8.15 RECALL............................................................................................................................................................22 8.16 V4 CATION LEAVE CASH OUTS/PAY.......................................................................................................23 8.17 UNEMPLOYMENT CLAIMS............................................................................................................................ 9.1 WAGE SCHEDULE 23 i ------------------------------------------'----'' i 9.2 HIRE-IN RATES.............................................................................................................................................23 23 10.1 BILINGUAL PAY- ^ 23 ' -`-----------~-------- -'------------------' | 10.2 CALL-BACK PAY.....................................................................................................................................24 | 10.3 LEAD WORKER.........................................................................- ...........................................................24 i 10.4 WORK/N&HIGHER CLASSIFICATION---'_----'-----'---''_---.---.__-24 ' 10.5 MusxGs REIMBURSEMENT---------------.'_-------.--------_---24 10.6 -'--_---._-_-_.---.'''_.---_-'-------.-----_..25 � 107 CERTIFICATIONS'_-_--'-----.----_--._-''-''--.-_'_--_----25 ! %5 � 11.1 HOLIDAYS................................................................................................................................-.---'2j 11.2 RELIGIOUS HOLIDAYS.............................................................................................................................25 11.3 HOLIDAY OBSERVANCE.............................................................................................................................25 11~4 HOLIDAY OwDAY OFF............................................................................................................................25 11'5 HqLIo/m'COMPENSATION----.-----------'_---_----.------.-------.26 12.1 VACATION ACCRUAL..............................................................................................................................26 12.2 VACATION SCHEDULING...........................................................................................................................26 12.3 VxC»T16N PAY.......................................... ...........................................................L^............................27 12.4 VACATION UPON TERMINATION..............................................................................................................37 13.1 SICK LEAVE ACCRUAL.............................................................. .............................................................27 | 13.2 SICK LEAVE USAGE....................... ......................................................................................................... 7 ! 13.3 SHARED LEAVE.......................................................................................................................................27 13^4 COORDINATION'WORKER'S COMPENSATION..--------------------------.-28 ' 13.6 FAMILY MEMBER -----------------'---.-'-.-----_-----'-28 13.6 SICK LEAVE CASH OUT.................................................................................------_----.--2P | � | 14.1 Um GENERAL...............................................................................................................................................20 14.2 JURY DUTY/COURT..................................... ................................ ....................................................... -29 14.3 MILITARY LEAVE.................. .................... ...................................................................... .........................29 14.4` BEREAVEMENT.................................................. ................................. ..................................................20 | ' 15.2 RETIREMENT................................................................— ........................................................................32 16.1 TRAINING...................................................................................................................................................32 16.2 TRAINING REIMBURSEMENT....................................................................................................................32 ARTICLE 17—LABOR/MANAGEMENT COMMITTEES.............. ----~........3% � 17.1 PURPOSE OF COMMITTEE.................................................................................................... ..................l2 17.2 COMPOSITION opCOMMITTEE | ----------------------------.--._---32 / 17.3 COMPENSATION......................................................................................................................................32 | 18'1 SAFE WORupLACs-----------------------.. ...............32 � 18.2 HEALTH 8^SAFETY PLAN----------------, ....--------------------..3] 18.3 DRUG FREE WORKPLACE....................................................................:..................................................33 � 18.4 WORK PLACE VIOLENCE.........................................................................................................................33 ' 19.1 GRIEVANCE DEFINED..............................................................................................................................33 1�� Gn�mumcEPROCEDURE----._---------------------------------34 1 � S�� 0�om/E�p�o�s��0sVxNos---__.—''—'_----._—_—._.-------'' '3�_—. 1Q�� SCHEDULE ofK8ssT�oa—_-------------------._----------.—/'----36 � , 20.1 0o STRIKE/NoLOCKOUT----'------------- ................................................................. 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.....................................................................................36 22.1 SAVINGS CLAUSE..................................................................................................................................3? ........ , 231 DURATION CLAUSE.................................................. ................................................................................I7 23.2 ENTIRE AGREEMENT...............................................................................................................................3? SIGNATURES .............. ........'.............'............................................................................~~ . � 2020-2023 Collective Bargaining Agreement Mason County and-Teamster252-Community anlajy He T'n' 4 / � ' | � � ! PREAMBLE Mason County, a politicat subdivision of the State of Washington, hereinafter referred to as the "County"or"Employer,"and Teamsters Union Local#252, hereinafter referred to as the"Union,"do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of. fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 —.DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit"(Union)shall be Teamsters Union Local#252. 1.2 "Employer" shall mean the Board of Mason County Commissioners and Mason County as identified in the Preamble to this Agreement. 1:3 "Employee" shall mean a person occupying a position'and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 "Executive', "Administrative", and "Professional" Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Attachment A of this Agreement. 1.6 "Immediate family'shall be defined as persons related by blood, marriage, or legal adoption .in the degree of relationship of spouse, registered partner, grandparent, parent (biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's spouse or registered domestic partner, or a person who stood in loco parentis I when the employee was a minor child), sibling, child (biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis, is a legal guardian, or is de facto parent, regardless of age or dependency),grandchild in compliance with WAC 296-1.30-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer. I 1.7 "Overtime" shall mean all Employer-required work, which has been performed in excess of forty(40) hours per week. i j I 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Community and Family Health � Q 7f f 1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.9 "Working Day" shall mean for the purpose of timelines associated with grievances, appeals and policy issues, an 8-hour working day, excluding holidays. ARTICLE 2—RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamsters Union Local 252, Centralia, Washington, has the right to bargain for all full-time and regular part- time employees of Mason County Community Services, Office of Community and Family Health, excluding supervisors, confidential employees, and clerical employees. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented in Attachment A, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented in Attachment A, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted.1 advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent.of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation or PERC ruling. ARTICLE 3—UNION SECURITY 3.1 MEMBERSHIP a. It is mutually agreed that only Union members of this unit shall, engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: I 2020-2023 Collective Bargaining-.Agreement Mason County and Teamster 252-Community and Family Health �� Page 6 M:j c`( i ; serving as a delegate or representative, serving on negotiating or other, Union committees, or participating in other similar activities to the interest of the'unit. b. The Union shall have no less than a thirty (30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union maythe Union collectfees. in addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. l c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin. or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made.All refunds of such deductions which maybe required to be made to any employee shall be made by the Union, and .the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit.The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards.. g. Signatoryorganization will indemnify,defend,orhold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions.upon presentation of proper evidence thereof by the County. 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on.behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as an Steward in the Union or serving on a Union committee. ARTICLE 4- UNION/ EMPLOYER RELATIONS 4.1 UNION ACCESS i Employees shall have the right to Union representation.The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the j 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Healt, awe 7 Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided, however, that. there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 510m to 8am and 92pm to 1pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Steward(s) for each County Department. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties,the Steward shall inform his/her supervisor of the need to be away from his/her work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case, then the Department Head shall allow the Steward time to perform his/her Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list.of all Stewards and Officers. With notice to the Employer, Stewards and/or the Officers shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time, 4A ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037, each new hire will receive an opportunity to meet with their shop steward for no less than thirty (30) minutes within the first ninety(90)days from the employee's start date, which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire: 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of i employee social occasions, similar Union notices, letters, and memoranda. All material shall be signed by an Officer of the Union. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. i 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Community and Famil Rea th ,+R 31� C � rkL • i i 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating i team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards or Officers provide notice to their and the grievant's supervisor,which will be granted unless the steward, Officer or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards or Officers to conduct Union business authorized by this Agreement in an area or on a shift other than their own,they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be.provided by the Employer for such Steward activities outside the employee's work shift, without express pre-authorization by the Steward's Department Director or Human Resources. 4:9 UNION BuSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Officer of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, stewards and/or the Officers shall be afforded reasonable time for the.investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Union Officer or Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using, e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. ARTICLE 5—EMPLOYMENT 5A PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire. New employees with prior related experience may be placed at a step in the salary range equivalent to one step for each two years of experience; up to a maximum of three steps or consistent with current personnel policy. The Employer may discharge a probationary employee with a minimum of one(1)day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six (6) month probationary period for new employees up to an j additional six (6) months. The Employer shall provide a.written notice to the Union no less than fourteen(14)calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and FamilDH`a ' ORIG AL the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for six (6) months of work, consistent with Article 7.3., 5.2 TYPES OF EMPLOYMENT 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular full-time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20) hours per week, but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular part-time employees are eligible to receive the standard benefit package. i Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty(1,040) hours, or more in a twelve (12)month period. A temporary employee is eligible for the standard. benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours .worked. Medical benefits are consistent with Article 15.1 if part-time temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment, or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority, as to their former position, during the period of the temporary position assignment. Any new-hire employee who,is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/ project may be terminated at any time for any reason, with or without notice. 5.2.4 EXTRA HELP EMPLOYEES: An extra help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. { 2020-20B Collective Baioaining Agreement Mason County and Teamster252-Community and Family Pa-e 10 OP i IV,II 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty(1,040)accumulated hours in a twelve(12)month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. "Contractors"who are not employees of the Employer will be permitted to do bargaining unit work where both the need is occasional and temporary and when there are not regular staff either qualified or available to do such work. Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present-any alternative means of cost-savings besides subcontracting for the County to consider. Although the County has the final decision on whether to subcontract,that decision must be based on economic response after considering alternatives presented by the Union. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5:4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union 'is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6—HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40)hours of time actually worked or compensated within a seven(7)day period(typically Sunday 12:00 a.m.through Saturday 11:59 p.m.). Changes in work schedule,which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven(7)consecutive day period. Work hours for full-time emploYees covered by this Agreement shall normally be 8:00 a.m.to 5:00 p.m., unless the Manager establishes an alternate work schedule pursuant to 6.3, below. A. The regular workweek shall normally consist of five(5)consecutive workdays with two(2) consecutive days off. f B. Employees will be allowed up to a one (1) hour unpaid lunch period as approved and _ t scheduled by-the Manager. Employees are entitled to take one (1)fifteen-minute break for every four(4) hours worked; breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be E combined and they may not be used.to shorten an employee's.workday. C. Regular part-time employees normally are scheduled to workless than forty(40)hours per i workweek. i i 4 2020-?023.Collective Bardaining.Agreement Mason County and Teamster252-Community and Fanr' a lily Pa a 11 i FLEX TIME: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and his/her Manager. These work schedule adjustments shall not result in the application of the overtime provisions. ALTERNATE WORK SCHEDULES: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Manager, with prior notification to the employee and the Union, in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five(5)working days'notice from the Manager. Less than five (5) working days' notice may be given if mutually agreed between the employee.and Manager. Employees may request an alternate work schedule, which is subject to approval by the Manager. CALL OUT TIME: When an employee is called out to work outside of his/her regular work hours, the employee shall be paid a minimum of two(2)hours pay at the appropriate rate.The two(2)hour minimum shall not apply if the hours worked are immediately before or after the employee's regular work hours. 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Department Head. 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. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. 6.4 OVERTIME Any employee who works more than forty(40)hours in a workweek shall be paid one and one-half(1 112)times their straight-time hourly rate for all such overtime hours worked. All overtime hours worked shall be approved by the Manager. Any work on a Sunday that is required. by the Manager and which falls outside of the employee's regular workweek or work schedule shall be compensated at two times the employee's regular hourly rate of pay Upon a request to work beyond the regular workday, by mutual agreement, the parties may agree_ upon an adjusted work-week for that specific workweek, for purposes of employee convenience and to avoid overtime. 6.5 COMP TIME The Department Head or Manager may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the rate of one.and one-half(1 1/2)their regular rate of pay for all overtime hours worked. Comp time earned may be used only on the days mutually agreed by the employees and the County.The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Comp time earned may not exceed eighty(80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches the eighty(80)hours maximum. For employees hired on or after January 1,2020, no rollover comp time can be banked, and the allowed eighty(80) hours of accrued comp time must be used, or paid out by the end of each year. If the employee does not use all their accumulated comp time,they will receive a payout for the Unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or 2020 2023'Collective Bargaining Agreement Mason County and.Teamster 252-Community and Family He tdi. i i pyramided unless required by.the Fair Labor Standards Act, in.which case premium or overtime pay shall be based on the employee's regular rate of pay. ARTICLE 7—EMPLOYMENT PRACTICES 7.1 -NONDISCRIMINATION Mindful of their legal and moral obligations, the parties agree that in their service to the public they will provide equal treatment and respect for all including the public, as well as the parties to this Agreement. Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status., color, creed or religion,,national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical. disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. All references to gender in this Agreement are intended to refer equally to male and female. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other . official action involving such a dispute when the action is originated by the Union or members thereof. 7.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than ten(10)calendar days before the position is filled. The posting shall indicate the salary range for the position,the required or preferred minimum qualifications and/or experience, the Department to whom the position will report and the application process. . 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification (from a I to a II, or III)which is compensated at a higher salary range. B) Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary'range. C) Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. Employees who promote,transfer or voluntarily demote to another job classification within their Office or Department shall serve a six(6)month trial service period in their new position. When an employee is promoted (for example Community Health Specialist I to II; or 111)they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage i increase. Step increases from that date will depend on where the employee is placed on the salary plan. The date of promotion will become the employee's new step date. 7.4 PER80NNEL FILE/POLICIES Unless otherwise provided by the terms 'of this Agreement, the Employer Administrative and Personnel-Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters ! covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s)of this Agreement shall govern. 2020.2023 Collective Bargaining Agreement Mason County and Teamster 252_Commu ity-a d Family Health Page 13 ORIGIN t The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked,and access shall be limited to the employee's Department Head or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized.by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications,degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law, 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in.two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary,or trial service period and at least annually(at date of hire or a common date)thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching; counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action—disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however,employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or.demotion shall be made only for just cause. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Conununit and Family He a lth II Page 14 i No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: 0 oral warnings; which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, suspension without pay; o demotion; or discharge The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the. disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within. three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary. action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a.meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just.cause: Just cause shall be established if the following has been shown by the Employer: 7.6.1 That the Employer did forewarn employee of possible consequences of conduct; l 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Com unity and Family Health Page 15 F E iAL ' 1 7.6.2 That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 7.6.3 That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule.; 7.6.4 That the Employer conducted its investigation objectively; 7.6.5 That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 7.6.6 That the Employer applied its rules, orders, and penalties without discrimination under the circumstances; and 7.6.7 That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 8—SENIORITY 8.1 DEFINITIONS Classification Seniority: The service time spent in a job classification within the bargaining unit. County/Employer Seniority: The total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire, upon completion of the original six (6) month probationary period. Seniority shall.be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra Help position. Time in service in a temporary,position shall count for leave accrual or step movement purposes only. A temporary employee or a regular employee in a temporary position who is hired without a break in service directly into a regular position in the same classification shall be credited for Office/Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay,except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 81.1 Application of Seniority How-an employee's years of continuous service are utilized,to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1: Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff or failure to respond to two offers of recall.to former or-comparable employment. 2020 2023 Collective Bargaining Agreement Mason County.and Teamster252-Coi and Family Health Page 16 I'Al SAL I 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent(FTE) positions or in the.number of partial FTE's within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Department. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s)within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 8A.6 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump-displacing a less senior employee 3. Recall -accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more County seniority as defined by this Article. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For the purpose of layoff, seniority shall mean time spent in a job classification within the bargaining unit. For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six(6)month probationary period 8.2.1 Postings/Promotions In regard to job postings, promotion and reassignment,"qualifications"and/or"ability"will be the primary consideration,with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. r 8.2:2 Layoffs Classification Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office/Department.Seniority,bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 1 i 2020 2023 Colleciivc Bargaining Agreement. Mason County and Teamster252-C ty and Family Page 17 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration,_ applied in accordance with seniority. Competence / Ability.to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration,applied in accordance with seniority,consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD Upon successful completion of the probationary period for newly hired employees, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Classification seniority shall then be based on continuous service with the Department in that classification.A probationary employee does not have the right to grieve dismissal. 8.4 LOSS OF SENIORITY" Seniority shall terminate by discharge from service or by voluntarily leaving County service;.provided that employees on layoff status who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: •:+ resignation; discharge, ❖ retirement; ❖ Layoff/Recall list of more than eighteen (18)months; ❖ failure to respond to two (2)offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff),.shall be deemed a newly-hired employee for all purposes under this Agreement. z 8Z LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in.the number of full- time equivalent(FTE)positions or in the number of partial FTE's within the Employer or within a job classification covered by this Agreement. i For purposes of this article, a layoff is further identified as an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-G amity and Family:Health Page 18 (I employee's normal workweek or work month (i.e. any reduction in hours which results in a regular position being less than their budgeted FTE). The Employer may reduce the work force because of lack of work or lack of funds. Total Classification Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by county seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. if normal attrition is not feasible, then the Employer shall determine which position(s) will be eliminated. The.least senior employee(s)in the affected job classification(s)shall be laid off. Before laying off any regular employee,. all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position and unique skills are not required. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen(14) calendar days'written notice of the layoff. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notify the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff. 8.84 Affected employees The Employer shall first determine by job classification the number of employees or FTE's to be affected by the layoff.The employee(s)holding such FTE's,which are subject to layoff., i shall be the"affected employee(s)." The least senior employee, by Classification. seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Co rum and F ily Nth Page 19 S t I In cases where Classification seniority within a job classification is equal, County seniority Will be the determining factor. If all of the seniorities are equal,then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. if there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs.,and if the affected employee is an initial probationary employee,then that employee shall be laid off and are ineligible to select among layoff options. 8:9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant.bargaining unit positions for which they are qualified prior to outside hiring by the Employer,consistent with Article 8.13.1.. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 8.11 ORDER OF LAYOFF The least senior employee(by Office/Department Seniority)within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra help or temporary basis, unless specialized skills are required to fill the position that' are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid. off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and,additionally,the educational and experience qualifications, FTE and work-week are substantially similar. I i i I- 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Com�unit�and Fanply1JJ&hl.,, s Pnge 10 I 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a.bargaining unit seniority basis, the employee shall also-be considered for available job openings within the Employer for which the employee is qualified. When a-regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the.temporary'assignment..Employee(s) accepting these assignments will be subject to recall. :8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being - laid off, if all of the following conditions are"met: 1. they have more seniority than the employee they will bump; 2, the job classification they are.bumping into is paid on a salary range that is equal to or less.than the salary range of their job classification; 3. they previously held status in that job classification or-they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and 4. they provide at least five(5)working days'notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held(e.g. a promotion or increase to full-time if previously part-time). The .employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job.The employee who may be displaced by the more senior employee'who is bumping shall be provided at least fourteen (14)calendar days'written notice of the layoff. If the employee is eligible to bump another employee pursuant to the conditions in Subsection D, above, then that third employee identified for layoff shall be laid off. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or,bumping to a lower classification, if competent as. defined in Article 8.2.3. Competent shall mean having demonstrated skills I and required experience to perform the job;and in case of disputes,the Employer shall make the final decision. i An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. 8.13.3 Recall ! If the affected employee elects not to take a vacant position, elects not to bump or cannot i immediately and adequately perform .the functions of the job assignment in assuming a I vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8,15. 20?0-2023 Collective Bargaining Agreement Mason County and Teamster252-Comm Hiiy end Fa ly3t ea h Page 21 1 b�fi �a l`_l CL+� Nothing contained in this layoff section shall be construed to require the. Employer to modify its position and classification structure in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same,salary range shall be placed in their former step and time in step. The Employer shall determine the salary for non-regular positions not represented by the bargaining unit. 8.1.4 REDUCTION HOURS/FTE \ An employee subject to an involuntary,reduction in their FTE may elect to accept the reduction, may bump'and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL. Any Regular employee who is laid off shall have his/her name placed on a recall list for the classification he/she was laid off from,for any lower classification in the same series,and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s)for a period of eighteen(18)months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their department.that they are qualified to perform. It shall be the responsibility of each person on a recall list to, keep the County informed of his/her current address and telephone number.The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must.send. notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the County has mailed a certified letter(return receipt request)to the person's last known address: If an employee on recall accepts-an opportunity to return to work in a lower classification than the one laid off from., the employee's name may remain on the recall list for their previous higher classification forthe balance of the eighteen(18)months,and shall be given an opportunity to accept such a position if if should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen(18.)months of being laid off shall be Placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification in the bargaining unit shall have the sick leave balance as of the date of layoff restored i (unless the employee received a sick leave cash out at the time of layoff), shall accrue vacation leave at the same accrual rate in effect as of the date of layoff, and the number of.years of continuous { County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. i As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bar unit classification , Within their Department, until all qualified ! p bargaining (s nerepa ) q f employees holding recall rights to that affected classification have been offered recall. 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Community d h mily eal NZ "r t , age 222 • P. . `G li� E i. I I A copy of the recall list shall be provided to the Union, upon request. Employees shall not-lose seniority original as a result of layoff for a period of up to eighteen (18) months,,per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 8.16 VACATION&LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave.accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective upon the signing of this Agreement through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix-A adjusted by the increase as set forth below: INCREASE 1/1/2020 2.25% 1/1/2021 1.75% 1/1/2022 1.50% 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step A of the appropriate salary range or placed ' consistent with current personnel rules. ARTICLE 10—OTHER COMPENSATION 10.1 BILINGUAL PAY Eligible employees shall receive Bi-Lingual pay forthe certification level authorized by the Employer: •Y• Seventy-five dollars ($75.00)per month for the General certification j One hundred dollars ($1.00.00) per.month for the Medical certification One hundred twenty-five dollars ($1'25.00) per month for the Legal certification t Eligibility requirements: I a. The County shall determine if Bi-Lingual pay shall be utilized, the language(s)that Bi- lingual is payable for and the number of employees eligible for Bilingual pay�Spaliish _ f 2020-2023 Collecti.ye Bargaining Agreement Mason County and Teamster 252-Community and.Familr'�ealdil rI j II. Page 23 1 is the current payable language. b. Bi-Lingual general, medical, or legal certification through DSHS. The County, at its discretion, may choose which certificatibn(s) are required and acceptable substitutes, such as certification from other states. 10.2 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding., . Full-time employees who are called back to work after leaving the job site(and not adjacent to the next regularly scheduled shift), :shall receive a minimum of two (2) hours' pay at the overtime rate.. When an employee is called out between shifts,the time worked between shifts shall be paid at the rate.of one and one-half.(1')times the regular rate, unless an adjusted workweek is mutually agreed upon per Article 6.4. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at.the appropriate rate of pay. 10.3 LEAD WORKER The County Department Head with the approval of Human Resources, may designate an employee as a Lead Worker,such designation is not considered to be a"job vacancy"or"newly created position" as referenced in Article 8—SENIORITY, Section 2. Employees who are assigned to act as working Lead shall receive an additional 5% above their applicable rate of pay. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker will typically direct, oversee and/or organize the work of other employees. The Lead Worker cannot hire,fire,or discipline other employees within the bargaining unit. 10.4 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification,_except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification,for the purpose of. a. providing work coverage during an authorized vacation period; b. providing work coverage during an authorized sick leave; c. providing work coverage for an authorized leave of absence; or d. providing work coverage for a currently vacant position. If the employee is scheduled to:work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent(5%) increase. 10.5 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. s 2020-2023 Collective$?rgaining Agreement Mason County and Teamster 252-Commumfy and Familjealtl� Page 24 l , . 10.6 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Total Years of Service Completed Additional Pay Increment Beginning of 11th Year of County Service 1.5% Beginning of 16#k Year of County Service 3.0% Beginning of 21 st Year of County Service 4.5% Beginning of 261"Year of County Service 6.0% 10.7 CERTIFICATIONS The County shall pay for the costs of all physical examinations, immunizations, testing (other than the basic Washington State Driver's License), and/or training that the County has required as a condition of continuing employment in the employee's classification. This benefit shall be for current employees,only; it excludes the cost(s)of any certification/testing/examination required to meet the conditions of employment for the prospective employee's position. Should an employee seek to transfer to a new position requiring certification/testing/examination to meet the minimum requirements for the position, the cost shall be borne by the employee. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following list will be the annual recognized paid holidays: New Year's Day Labor Da Martin Luther King Day Veterans' Da. Armistice Da President's Day Thanksgiving Da Memorial Day Day After Thanks ivin July Fourth Christmas Eve Da Two 2 -Floating Holidays Christmas Da For any holiday to be paid an employee must be in paid status the employee's scheduled workday before and the employee's scheduled workday after the holiday. 11.2 , RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval,with or without pay; through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. i 11.3 HOLIDAY OBSERVANCE When a recognized holiday falls on Saturday, the day preceding it will be allowed, and when falling on Sunday, the day following will be allowed as a regular paid holiday. 11.4 HOLIDAY ON DAY OFF I i When a holiday falls on an employee's scheduled day off, an alternate day off will be approved within the same workweek. 2020-2023 Collective Bargaining Agreement JMason County and Teamster 252-Community.and Family Kealtli*; t 'Page 25 I 11.5 HOLIDAY COMPENSATION Behefitted employees shall be paid no more than eight(8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees shall receive paid holidays on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6)months' employment shall be entitled to and receive vacation leave with pay as follows: 15t through 31d year of employment 96 hours 4th through 71n year of employment 120 hours 8tn through 91h year of employment 144 hours. 10th through 11'h year of employment 160 hours 12th throw h 14th ear of em to ment 176 hours 151h throu h 161h year of employment 184 hours 17th through 19th year of em ployment 192 hours 20th year or more of employment 200 hours Regular and.temporary part-timer employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave.accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Employees shall accumulate one-twelfth (1/12th)of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has .been attained, except when approved in writing by the Department Head.- Regular and temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and temporary part-time employees must work or be in a paid,status at least in the same proportion to the eighty(80)hours as their regular hours are to full-time employment to accrue vacation leave for that month. 12.2 VACATION SCHEDULING Vacation leave must be requested in writing, in advance, and is subject to the written approval of the Department Head or designee. Vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until he/she has successfully completed the initial appointment probationary requirements. An employee whose employment with Mason County terminates within.the six(6)month probationary period shall not be paid for any vacation leave accrued during the probationary period. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community a d Fa' H• I Page 26 Whereas the County recognizes the importance of.employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee-would have earned if the employee had worked their regular position during-the vacation period. If an.authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals: Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION When a Regular and Temporary full-time or Regular and Temporary part-time employee's employment terminates, the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400)hours of accrued vacation leave. ARTICLE 13 -SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in.accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty(80)hours, at the rate of eight(8) hours per month for each calendar month of continuous employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is.in pay status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200)hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 4946, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. Sick Leave cannot be taken before it is actually earned. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within .this bargaining unit, to donate their accrued vacation or sick leave to another employee,within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe i illness, injury, or physical or mental condition which has caused or is likely to cause the employee 1 to take leave without.pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: 1. To be eligible to donate vacation leave, the employee who donates leave must have more f than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor i employee reducing his/her vacation leave balance to less than ten (10)days. To be eligible f to donate sick.leave, the employee who donates leave must have more than thirty 2020-2023 Collective Bargaining Agreement Mason County and Teamster'252-'Community adTamily Hna ih Pale�7 r`� A:€ of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty(30)days.Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave.shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits,as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in.advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the.County; Or may follow the Washington State Paid Family& Medical.Leave law, RCW 50A.04. 13.4 COORDINATION-WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington. or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. SICK LEAVE-ADJUSTMENT FOR WORKER'S COMPENSATION: A. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with state law. B. If the employee has accumulated sick leave credit, the County shall pay the.sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. C. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus.the number of hours at full salary for which he%she is paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. 1 E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave May be used for the absence in accordance with i other provisions of this rule. F. Nothing herein.pertains to a permanent disability award. G. If any employee has no sick leave accumulated, vacation leave may be substituted. j 13.5 FAMILY MEMBER j Authorized uses..of,sick leave may be utilized as defined in Article 1.6. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community"and Faumily Health„ age 28 =t l siD I 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused accrued sick leave upon termination of employment with fifteen (15)years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which_ case payment shall be made to his/her estate. Employees hired. on or after January. 1, 2011., shall not be eligible to receive any cash out of their accrued sick leave upon separation from County service,and there shall be no cash out benefit provided to his/her estate upon the employee's death. ARTICLE 14—LEAVES OF ABSENCE 14.1 IN GENERAL Leaves-of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no"negative leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). Employees enlisting.or entering the military service of the United States, pursuant to the.provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994(USERRA)shall be granted all rights and privileges provided by the ACT. 14.4 BEREAVEMENT Up to three(3)days'paid bereavement leave may be taken in case of death in the immediate family requiring the attendance of the employee(funerals are included). Two(2)additional days'sick leave may be taken at the employee's request. Immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations for purposes of this article: wife, husband, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, `• nephew,grandmother=in-law, grandfather-in-law, mother-in-Jaw,father-in-law,sister-in-law,brother- in-law,.son-in-law, or daughter-in-law. i 14.5 MAINTENANCE OF SENIORITY. The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be.adjusted I for periods of legally_protected leave, such as 1=MLA or military leave. 2020-2023 Colleetive Bargaining Agreement Mason County and Teamster 252-Conibmifityand-Family�Health _ Page.29 j {l i 1 14.6 LEAVE WITHOUT PAY An employee may request a leave of absence without pay for up to a period of(1)year.As appropriate for the type of leave requested,all allowable leave balances must be exhausted prior to taking a leave. of absence without pay, except for using vacation leave during an employee's probationary period. If a leave of absence without pay is granted,the employee shall have return rights to his/her previously held position. Return rights for any other leave of absence shall be limited to three(3)months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a.similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position,the employee shall be placed on the recall list,pursuant to Article XVI, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of.hire for .seniority purposes adjusted.for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same.duration as the leave without pay. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). All leave balances must be exhausted prior to an employee taking leave without pay; The Employer will grant leave consistent with state and federal law. Family leave shall be consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. i 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a .period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides.female employees with the right to a leave of absence equivalent to the disability F phase of pregnancy and.childbirth. There.is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave(unless FMLA). utilized concurrent with F i Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to "return to the same job or a similar job of at least the same pay as provided by 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-CommunAy and Family Health_T..T U Page 30 j i law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, _ at their election,any accrued comp time,consistent with'the retention provision as provided in Article 14.7. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family& Medical Leave laws, per RCW 50A.04, and future amendments with the law. ARTICLE 15— HEALTH &WELFARE 15.1 HEALTH AND LIFE.INSURANCE The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. A. Effective January 1, 2020 the contribution shall be increased to one thousand three hundred ten dollars ($1,310) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January-1, 2021 the contribution shall be increased to one thousand three hundred sixty two dollars($1,362)per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2022 the contribution shall be increased to one thousand four hundred fourteen dollars($1,414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Eligible employees are those Regular and Temporary full-tirrle and Regular and Temporary part- time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time payouts upon separation from employment) or more"per month during the calendar year. The above contribution is to be applied to premiums for PEBB Medical Plan and current County vision, dental, and life insurance plans. In the event the County's maximum monthly contribution is insufficient to provide 100% of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2)Vision; (3) Dental; and (4) Medical. " I t Any monthly premium contribution.required above the County's maximum contribution shall be paid E by a reduction of the necessary amount from the employee's salary. I 1 The County shall.provide an Employee Assistance Program (EAP) benefit for all bargaining unit I employees { 2020-2023 Collective Bargaining Agieetnent Mason County and Teamster 252:ConmZunity-igad Family Health Page 31 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. ARTICLE 16-TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation ofthe Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA)and WAG 296-128- 500. ARTICLE 17-LABOR I MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing-cooperation between labor and management, and to meet, at a minimum quarterly, concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to three(3)members from the Bargaining Unit and the Union staff representative, up to three (3) members from the Employer, including a representative from Human Resources, and one (1) representative from the Employer acting as clerk. The committee will meet from time to time during working hours to discuss matters of mutual interest or concern. The committee shall not-have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties,to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group. participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three(3)representatives of the emploYer and a minimum of three (3) representatives appointed by Local No.1504, unless otherwise mutually agreed upon. Said committee:shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may,arise between the parties other than those for Which another procedure is provided by law or other provisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered i time worked if during duty hours and will be paid at the appropriate regular rate of pay.. r ARTICLE 18—HEALTH &SAFETY 18.1 SAFE WORKPLACE i 2020-2023 Collective Bargaining Agreement Mason County and Teamster•252-Community and;Family Het,I i page 37 IL The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review .and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. All on-the-job.injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH&SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site specific safety and security plans in.conformance with state and federal laws: 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness For Duty— If a supervisor or manager reasonably suspects, through observation, that an employee may physically incapable of performing the essential functions of the job and may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations; the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The .consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to'test for the presence of that substance. At this time the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against an employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19-GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of#his grievance procedure is to promote harmony and efficiency between employees f and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. ! 1 Employees will be unimpeded and free from restraint, interference, coercion,discrimination or reprisal in seeking adjudication of their grievance. I .2020-2023.Collective Bargaining Agreement Mason County and Teamst&252-Community and-F roily Health _ Page 33 1 Any grievance procedure time limit may be extended by mutual written agreement: Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with, any grievance time limitations shall automatically permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a. "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance,the following procedure shall be used: Stea 1. A grievance must be presented within ten(10)calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the employee's immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case the supervisor shall respond. to the grievance within seven (7)calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at Step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Department Head within ten (10) calendar days of the incident giving rise to the grievance. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Articles)and Section(s)of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward to the Department .Head within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Department Head shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The Written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten (10)calendar days of receipt of the grievance, the Human Resources Director or designee shall schedule a meeting with the employee and Union.Steward/Union Representative to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the employee and the Union Steward/Union Representative within fourteen (14)calendar days of the meeting. If the grievance is not resolved at Step 3,.the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance.to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The parties may request the Public Employment Relations Commission (PERC)to supply a list of seven 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Community and Family Health Page 34 711?-ri k LI 1 i (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree .upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The written referral to arbitration must be made within thirty (30) calendar days after the decision of the Human Resources Director, and a'copy of the referral provided to the Department Head and the Human Resources Director. The referral to arbitration will contain the following: 1. Question or questions at issue; 2. Statement of facts and position of each respective party; and 3. Copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or.modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement,.and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer,the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties .may be supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in Writing within ten (10) business days from the date the Employer/ era loyee.s became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate-8 Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. i 2020-2023 Collectivc Bargaining Agreement Mason County and Teamster252-Community and l firmly Health Page 35 I 19.4 -SCHEDULE OF MEETINGS Upon request, and without Idnhecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay; reasonable time to: ❖ Investigate any grievance or dispute so that same can be properly presented in accordance-with the grievance procedure. ❖ Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. ❖ Confer with a staff representative of the Union. and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4,3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. ARTICLE 20-NO STRIKE!NO LOCKOUT 20.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees.The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 21 —MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments,the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. i E. Discipline employees for just cause: F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Community and Family Health Page 36 H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Layoff staff or reduce working hours due to a lack of work or lack of funds. K. Take all actions necessary to carry out the mission of the County in emergencies. ARTICLE 22 -GENERAL PROVISIONS 22;1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation,or by a decree of a coup`of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23—ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effect from January 1, 2020, through December 31, 2023. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively,which is inconsistent with the terms of this Agreement. i, f t I 2020 2023 Collective Bargaining Agreement Mason County and Teamster 252-Community a y Heath Page 37 The existing contract shall remain in effect until a successor contract is signed, or until one year from. the termination of this Agreement. SIGNATURES DATED this day of TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON RusA Walpole;Sec-T r Sharon Trask;Commissioner �i-A, 7Shhandl Cardin;Business Agent Kevin.Shutty;Commissioner Approved as to form: Timothy Whitehead Randy Neatherlin; Commissioner Chief Deputy Prosecuting Attorney s iT i ' f i i 2020-2023 Collective Bargaining Agreement Mason County and Teamste�.252-Corimmunity.and Family Health Page 38 . i SALARY TABLE—ATTACHMENT A Reflects 2.25%ATB Increase Advancement from step to step occurs on annual anniversary date. When an employee is promoted(for example Community Health Specialist I to li,or Ill)they will be placed on the step and range on the salary plan that gives them at least a five percent(5%)wage increase. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four(4)decimal places. 2020 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Health.Spec III 5,455.77 5,592.16 5,731.97 5,875.26 6,022.14, 6,172.70 Community Health Spec If 4,085.21 4,187.34 4,292.02 5,455.77 5,592.16 5,731.97 Community Health Spec 1 3,793.53 3,888.36 %985.57 4,085.21 4,187.34 4,292.02 Public Health Nurse III 5,508.13. 5,645.83 5,786.97 5,931.65 6,079.93 6,231.93 Public Health Nurse II 4,990.10 5,114.85 5,242.72 5,508.13 5,645.83 5,786.97 Public Health Nurse 1 4,633.80 4;749.65 4,868.39 4,990.10. '5,114.85 5,242.72 Public Health Ed Ill 4,897.74 5,020.19 5,145.69 5,274.33 5,406.19 5,541.34 Public Health Ed II 4,437.12 4,548.05 4,661.75 4,897.74 - 5,020.19 5,145.69 Public Health.Ed 1 4,120.31 4,223.32 4,328.90 4,437.12 4,548.051 4;661.75 Reflects 1.75.%ATS Increase Advancement from step to step occurs on.annual anniversary date. When an employee is promoted(for example Community Health Specialist I to II,or 111)they will be placed on the step and range on the salary plan that gives them at.least a five percent(5%)wage increase. Note: Figures are rounded and will vary.slightly in MUNIS as MUNIS calculates out four(4)decimal places. 2021 Step 1 Step 2 Step 3, Step 4 Step 5 Step 6, Community Health Spec Ill 5,551.25 5,690.03 5,832.28 5,978.08 6,127.53 6,280.72 Community Health Spec II 4,156.70 .4,260.62 4,367.13 5,551.25 5.,690.03 5,832.28 Community Health Spec 1 3,859.91 3,956.41 4,055.32 4,156.70 4,260.62 4,367.13 Public Health Nurse III 5,604.52 5,744.63 5,888.24 6,035.45 6,186.33 6,340.99 Public Health Nurse 1.1 5,077.42 5,204.36 5,334.46 5,604.52 .5,744.63 5,888.24 Public Health Nurse 1 4,714.89 4,832.77 4,953.58 5,077.42 5,204.36 5,334.46 Public Health Ed Ill 4,983.46 5,108.04 5,235.74 5,366.63 5,500.8o 5,638.32 j Public Health Ed II 4,514.77 4,627.64 4,743.33 4,983.46 5,108.04 5,235.74 } Public Health Ed 1 4,192.411 4,297.22 1 4,404.65 4,514.77 4,627.64 4,743.33 { i 1 t t I 1 `1 2020-2023 Collective Bargaining Agreement Mason County and Teamster252-Communi"nd-Fpmily Health Page 39 I i SALARY TABLE—ATTACHMENT A (Cont) Reflects 1.5%ATB Increase Advancement from step to step occurs on annual anniversary date. When an employee is promoted(for examph Community Health Specialist Ito II,or III)they will be placed on the,step and range on the salary plan that gives them at least a five percent(5%)wage increase. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four(4)decimal places. 2022 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Health Spec III 5,.634.52 5,775.38 5,919.76 6,067.75 6,219.45 6,374.93 Community Health Spec II 4,219.05 4,324.53 4,432.64 5,634.52 5,775.38 5,919.76 Community.Health Spec I 3,917.81 4,015.76 4,116.15 4,219.05 4,324.53 4,432.64 Public Health Nurse 111 5,688.59 5,830.80 5,976.57 6,125.98 6,279..13 6,436.11 . Public:Health Nurse If 5,153.58 -5,282.42 5,414.48 5,688.59 5,830.80 5;976:57 Public Health Nurse 1 4,785.62 4,905.26 5,027.89 5,153.58 5,282.42 5,414.48 Public Health Ed III 5;058.21 5,184.66 5,314.28 5,447.13 5,583.31 5,722.89 Public Health Ed 11 4,582.49 4,697.05 4,814.48 5,058.21 5,184.66 5,314.28 Public Health Ed 1 4,255.30 4,361.68 4,470.72 4,582.49 4,697.05 4,814.48 i t i • i i I j I — I 2020-2023 Collective Bargaining Agreement Mason Counh acid'l'ednister 252-Comntunii and'Famill -lealth-ry= � l Page 40 f -k ) l vin �c7Gu�ca ' 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: 11/3/20 Agenda Item# (Commissioner staff to complete) BRIEFING DATE:10/19/20 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: RCW 36.16.070 states that the Board of County Commissioners shall fix the compensation of all employees. Contribution at$1258 per month,per employee(2019 rate for General Services,effective July 1, 2019): MEDICAL- Per the ratified Teamsters General Service Collective Bargaining Agreement, the members of General Services are entitled to a retro to July 1, 2019 for their pooled medical rates. It is recommended that the Board adopt, effective July 1, 2019, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (General Services) in place and ratified on January 1, 2019 utilizing the pooling method, and resulting in a distribution as follows: $937.58 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,443.03 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1,310 per month,per employee effective January 1,2020 for General Services and Community&Family Health: MEDICAL- It is recommended that the Board adopt, effective January 1,2020,the Board of County Commissioners does hereby establish the County's health insurance contribution rate for the General Services and Community Family Health Collective Bargaining Agreements in place, and ratified effective January 1,2020 utilizing the pooling method,and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,602.67 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1,310 per month, per employee (2020 rate for Probation, Public Defenders, Elected Officials, and Non Represented): MEDICAL- It is recommended that the Board adopt, effective November 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (Probation, Public Defenders, Elected Officials, and Non Represented) in place and ratified on January 1, 2020 utilizing the pooling method,and resulting in a distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,602.67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Background: The Board has determined that a$52 medical increase for Elected Officials and Non Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED ACTION: Approval of the attached resolution, effective July 1,2019,for participants of the PEBB Medical program,which allocates through the pooling method, $937.58 per month County contribution for employees with single enrollments on medical, and$1,443.03 for employees with dependent enrollments, per month for Teamsters General Services Collective Bargaining Agreement ratified effective January 1, 2019, Effective January 1, 2020 for participants of the PEBB Medical program,which allocates through the pooling method,$963.08 per month County contribution for employees with single enrollments on medical, and $1,602.67 with dependent enrollments,for Teamsters General Services and Community& Family Health; and Effective November 1, 2020 for participants of the PEBB Medical program,which allocates through the pooling method,$963.08 per month County contribution for employees with single enrollments on medical, and$1,602.67 with dependent enrollments,for all Elected Officials,eligible Non Represented,and Teamsters Probation and IWA Public Defenders and Deputy Prosecutors whose Collective Bargaining Agreements are in place and ratified on January 1, 2020. Attachment: Resolution, Pooling Calculation Details, & PEBB Medical Premium charts RESOLUTION NO. AMEND RESOLUTION NO. 102-19 DETERMINING THE TEAMSTERS GENERAL SERVICES 2019 HEALTH INSURANCE CONTRIBUTIONS AND THE TEAMSTERS GENERAL SERVICES, COMMUNITY AND FAMILY HEALTH AND ALL OTHER COUNTY'S PEBB MEMBERS 2020 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS,the Board determined that the County's contribution towards health insurance premiums for Teamsters General Services employees shall increase by $52 per month for a total contribution of $1,258 (One thousand two hundred and fifty eight dollars) per month, effective July 1, 2019; and WHEREAS,the Board determined that the County's contribution towards health insurance premiums for Elected Officials and eligible Non-Represented employees shall increase by $52 per month for a total contribution of $1,310 (One thousand three hundred and ten dollars) per month, effective January 1, 2020; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective July 1, 2019, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for Teamsters General Services Collective Bargaining Agreement recently ratified with allowance for a retro to be effective July 1, 2019 utilizing the pooling method, and resulting in a distribution as follows: $937.58 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,443.03 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for Teamsters General Services and Community Family Health Collective Bargaining Agreements recently ratified with allowance for a retro to be effective January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision, and basic life insurance. $1,602.67 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective November 1, 2020, the Board of County Commissioners does hereby establish the revised County's health insurance contribution rate for any Collective Bargaining Agreements in place and ratified on January 1, 2020 (Deputy Prosecutors, Probation, Public Defenders), Elected Officials, and Non Represented employees utilizing the revised pooling method, and resulting in a new distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. There shall be no retro payment for 2020. $1,602.67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. There shall be no retro payment for 2020. Approved this day of 2020 BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chairperson Kevin Shutty, Commissioner Randy Neatherlin, Commissioner Attest: McKenzie Smith, Clerk of the Board Approved Tim Whitehead, Chie eputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads PEBB Effective July 1, 2019 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of September 26,2018 g2019 Gontribution,per'EmplQyee- ,Community Family:8a Health,Deputy �Prosecutars,Public Defenders,Elected $'a2 00�j minus $937.58 Highest Employee only premium = $320.42 2019_Contributiomper Employee,, (General Services,..&Probation $1,258-0Q minus $937.58 Highest Employee only premium = $320.42 iCgmrnunit_.&Fairiily Health;:Deputy tPrasecufors,Pulific De fen rsde ,Elected! Ofc�als, �__f _ _ �•_ __ -, $320.42 X 24 Employee only premiums = $7,690.08 General'Services:&Probation $320.42 X 28 Employee only premiums = $8,971.76 1 Medical Waiver $1,258.00 minus $152.62 PEBB dental,vision,life only amount = $1,105.38 1 Medical Waiver $1,258.00 minus $152.62 PEBB dental,vision,life only amount = $1,105.38 Total pooling per month for dependent coverage = $18,872 60 $18,872.60 divided by 102 Employee+Dependent Coverages = $185.03 u2019 Contribution per EmJilayep' Community Family''&-Health,Deputy 'Prosecutors,Public Defenders,EQ,& ENU + $185.03 Pooling amount per Employee+Dependent Coverages = $1',443.03 ;2019'Coritribution per Employee._ G'eneialuServices&Probation + $185.03 Pooling amount per Employee+Dependent Coverages = $1;443.03 Pooled County Contribution for Employee+Dependent Coverage = Pooled County Contribution for Employee only Coverage Monthly Annuallndiv # Annual Premium #Months Premium Employees Premium !community FairiilyA Hdalth Deputy`„- 4 `Prosecutors,:PublkVdbrideis,Elected ( ficials&Non Union $ ,1,258 OQ 12 $15,096.00 95 $1,434 120.00 120:19 Contribution;per.Employee= Gerieral`5eivices&Probation 12 $15,096.00 61 $ 920,856.00 156 $2,354,976.00 GENERALSERVICES PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2019 The t ou _______ �_ Amy Premwm eontnbutian using the pooling method effertlye July 1 2019,by Resohrtlon_All pooled @ 2019 rate of%_258 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $806.64 $1,546.05 $1,361.20 $2,100.62 Health Classic) $15 Primary Core S175/Person $2,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 $30 Specialist $525/Family $4,000/Family PREMIUM TOTAL $937.58 $1,676.99 $1,492.14 $2,231.56 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) $0.00 S233.96 $49.11 $788.53 Kaiser Permanente WA(Group PREMIUM $729.50 $1,391.79 $1,226.21 $1,888.50 Health Value) $30 Primary Cam $250/Person $3,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $860.44 $1,522.73 $1,357.15 $2,019.44 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $79.70 None $576.41 Kaiser Permanente WA(Group PREMIUM $673.69 $1,274.71 $1,139.04 $1,681.72 Health CDHP) 10%/Primary Caro S1,400/Pcrsan S5,100/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 10%Specialist $2,800/Family $10,200/Family PREMIUM TOTAL $804.63 $1,405.65 $1,269.98 $1,812.66 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None None None $369.63 Kaiser Permanente WA(Group PREMIUM $676.46 $1,285.69 $1,133.38 $1,742.62 Health Sound Choice) 0 Primary Care S125/Pcrson S2,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 15%Specialist $375 Family $4,000/Family PREMIUMTOTAL $907.40 $1,416.63 $1,264.32 $1,873.56 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $430.53 Uniform Medical Plan Classic PREMIUM $748.10 $1,428.97 $1,258.75 $1,939.63 15%Primary Care $250/Person $2,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 15%Specialist $750/Family S4,000/Family PREMIUMTOTAL $879.04 $1,559.91 $1,389.69 92,070.57 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $116.88 None $627.54 Uniform Medical Plan CDHP PREMIUM $673.79 $1,274.90 $1,139.21 $1,681.99 15%Primary Care $1,400/Person S4,200/Person WCIF DENTAL VISION LIFE, $130.94 $130.94 $130.94 $130.94 15%Specialist $2,800/Family $8,400/Family PREMIUM TOTAL $804.73 $1,405.84 $1,270.15 $1,812.93 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None None None $369.90 Uniform Medical Plan PLUS or PREMIUM $691.32 $1,315.43 $1,159.40 $1,783.50 Uniform Medical Plan Plus UW Medicine ACN 0°/a Primary Care S125/Person $2,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 (Must live in Snohomish,King,Kitsop,Pierce, Spokane,Yakimz,Skogitor Thurston County) 15%Specialist S375/Family $4,000/Family PREMIUM TOTAL $822.26 $1,446.37 $1,290.34 $1.914.44 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $3.34 None $471.41 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental VSP$175 Basic $24,000 LIFE Willamette(Managed Care&their facilities)Reduce premium by$6.75 Frame Dependent $1,000 PEBB Effective Jan 01, 2020 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of October 14,2019 201".8 Contri$uttorr'per Employee General Services ' $1',310.00 ` -minus $963.08 Highest Employee only premium = $346.92 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,310.00 minus $963.08 Highest Employee only premium $346.92 2020 Conil.ibution pei Employee Probation,;Public Defenders,;Elected: -. Off cials&Non Represented $'010 00 ` minus $963.08 Highest Employee only premium = $346.92 = - ------------------- 201;8s Cbntrbution,'pei$mpipyee,=�; Gerieral5ervices_ $346.92 X 29 Employee only premiums = $10,060.68 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $346.92 X 9 Employee only premiums = $3,122.28 2020 Contribution_perEmployee;;- Probation„Public.Defenders.Elected Officials 8c Non-Repre_se_nted $346.92 X 23 Employee only premiums = $7,979.16 1`,Ivledic2l,Waiver' $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 2:IVledical•Waiver - $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 1:Ivled cal.Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 2 Medical VPaiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 3'Medicaf Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 4 Medical Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 Total pooling per month for dependent coverage _ $28,095.96 $28,095.96 divided by 96 Em loyee+De endent Coverages = $292.67 2018 Contlibution,per Employee :'• •~� ! '. . General Services. • $1;310.00 + $292.67 Pooling amount per Employee+Dependent Coverages = $,1,602,67 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,310.00 + $292.67 Pooling amount perEmployee+Dependent Coverages = $1,602.67 2020 Contribution;per'Employ •. - Prabation,:Public Defaiid'ers-Elected Ocials&Non-Represented + $292.67 Pooling amount per Employee+Dependent Coverages = $1;602.67 Pooled County Contribution for Employee+Dependent Coverage = Pooled County Contribution for Employee only Coverage = 1963:08 vlon ly Annua nary Premium t4 Months Premium 201I.Contribution:per'Eiplayee_-; General Services 2.67 12 $ 19,232.Q0 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,602.67 12 $ 19,232.00 2020 ConhibuYion per:Employee-..,. . Probatton;:Public<Defenders;Elected officials&:Non-Represented $1',602.67 12 $ 19;23100 2020 Contribution for all Employee Only Coverage $963.08 12 $11,556.96 PUBLIC DEFENDERS,PROBATION,ELECTED OFFICIALS& NON REPRESENTED PEBB-Medical and Dental2020 The County premiurn ctmtribtition using the pooling method,effective November 1,.2D30,by Resolution All_pooled @ 2020 rate of$1,310 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $1,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 . $1,602.67 $30 Specialist S525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $69.87 None $639.18 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 $2,031.65 (Group Health Value) $30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $50 Specialist S750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $428.98 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,798.62 (Group Health CDHP) I0%/Primary Care S1,400/Person $5,100/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 10%Specialist $2,800/Family $10,200/1'amily EMPLOYEE PAYS(Payroll Deduction) None" None None $195.95 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) o Primary care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live or work in Snohomish,King, Pierce or Thurston County) 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $271.63 Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care $250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $440.00 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Caro $1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $2,800/Family S8,4e0/Family EMPLOYEE PAYS(Payroll Deduction) None None None $190.97 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 $1,295.18 $1,947.12 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live in Snohomish,King,Kitsap, , Pierce,Spokane,Yaldma,Skagit or Thurston 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $344.45 County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $154.36 1 $154.36 $154.36 $154.36 DENTAL Deductibles Max out-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts Included in medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of insurability If enrolled no later than 60 days after NONE months forframes,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum fitting fees combined.Exception:for LIMP Willamette Dental No General Plan Classic,you pay any amount over$65 for ' May enroll in optional LTD within 31 days of initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Maximum Insurability form. COMMUPO Y FAMILY HEALTH PEBB-Medicaland Dental 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution .All pooled @ 2020 rate of$1310 Copays Annual Deductibles Max out-of-pocket Employee BE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $1,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/1erson $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $30 Specialist $525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $69.87 None $639.18 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 - $2,031.65 (Group Health Value) $30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $428.98 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,799.62 (Group Health CDHP) 10%/Primary Care $1,400/Person $5.100/1erson COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 10%Specialist $2,800/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None None $195.95 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) 0 Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live or work in Snohomish,King, ' Pierce or Thurston County) 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $271.63 Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care S250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $440.00 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Care $1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67. $1,602.67 $1,602.67 15%Specialist S2,800/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) None None None $190.97 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 $1,295.18 $1,947.12 Uniform Medical Plan Plus UW Medicine ACN o%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live in Snohomish,King,Kitsap, Pierce,Spokane,Yakima,Skagit or Thurston 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $344.45 County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $154.36 1 $154.36 1 $154.36 $154.36 DENTAL Deductibles Max cut-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family +'You pay amounts Included In medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll In supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of Insurability If enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum.' fitting fees combined.Exception:for UMP Willamette Dental Classic,you pay any amount over$65 for May enroll In optional LTD within 31 days of Initial eligibility for NONE No General Plan contact lens fittingfees. Maximum PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Insurability form. J DEPUTY PROSECUTING ATTORNEYS PEBB-Medial Benefits&WCIF-Dental Vision We Benefits 2020 The County premium contribution using the pooling method,effective November 1,2020,by Resolution .All pooled @ 2020 rate of$1310 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) s15Pdm;ryCam $175/Pemon $2,000/Pcoon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $30Spccialist 5525/Family 34,000/Family PREMIUM TOTAL $961.32 $1,720.41 $1,530.64 $2,289.72 COUNTY POOLED CONTRIBUTION $963.03 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None 5117.74 None 5687.05 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) $30Primarycarc $250/Pcmon $3,000/Pemon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $50 Spccidiat $750/Family 56,000/Family PREMIUM TOTAL $884.88 $1,567.53 $1,396.87 $2,079.52 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 51,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $476.85 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 HealthCDHP) 10%/Primarycam VAMP- $5,100/Pcmon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 10%Specialist 52,800/Family 510,200/Family PREMIUM TOTAL $819.33 $1,431.27 $1,292.87 $1,846.49 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None 5243,82 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0 Primary care $125/Pmon $i.000mcrron WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist S375Fnmily 54,000/Fomily PREMIUM TOTAL $827.66 $1,453.09 $1,296.74 $1,922.17 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $319.50 Uniform Medical Plan Classic PREMIUM $754.34 $1,440.99 $1,269.33 $1,955.99 15%Primary Co. $250mcmon $2,0001Pemoa WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist S750/Family $4,000/Family PREMIUM TOTAL $888.89 $1,575.54 $1,403.88 $2,090.54 COUNTY POOLED CONTRIBUTION $963.08 51,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $487.87 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Cara 51,400/Pcmon 54,2001Pemon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialin $2,800/Family $8,400/1'amily PREMIUM TOTAL $817.52 $1,427.65 $1,289.70 $1,841.51 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $238.84 Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,960.44 Uniform Medical Plan Plus UW Medicine ACN 0%Primary care $125/1emon $2,000/Pcmon WCIF DENTAL VISIONLIFE $134.55 $134.55 $134.55 $134.55 (M.utlivo in Snohomish,King,Kitsap,Pierce, I5%5 ceinlist $375/Pomil $4,000/Fomil Spokano,Yakima,Slagit or Thurston County) P y y PREMIUMTOTAL $854.14 $1,506.05 $1,343.08 $1,994.99 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $392.32 Tobacco Use Sure ge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduced prelum by$0.16 VSP$175 Basic $24,000 Wlllamette(Managed Care&their facilities) Frame iDependent $1,000 GENERAL SERVICES. PEBB-Medical Benefits&WUF-Dental Vision Life Benefits 2020 _- v�_ Thts Czrt itty�r mlurrlsr1111a'1 1 i R-j tlnx,3lie pnnlini-ethod,Af.i ive3anuary,l;.�DZO tiy,Rrso3t5tion - .A11 liooled_@'22020 ratty of•$IXLD.---� Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) $15 Primary Cam SI75/Person $2,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $30Specialist $525/Family S4,000/Family PREMIUM TOTAL $961.32 $1,720.41 $1,530.64 $2,289.72 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None $117.74 None $687.05 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) $30 Primary Cam $250/Pcrson $3,000/Pcrson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $50Spccialist $750/Family $6,000/Family PREMIUM TOTAL $884.88 $1,567.53 $1,396.87 $2,079.52 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $476.85 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 Health CDHP) 10%/Primarycam $1,400/Person S5,100/Pcrson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 10%Specialist $2,800/Family $10,200/Family PREMIUM TOTAL $819.33 $1,431.27 $1,292.87 $1,846.49 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $243.82 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0 Primary Cam $125/Person $2,000/Pcoon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15/Specialist $375 Family S4,0o0/Family PREMIUM TOTAL $827.66 $1,453.09 $1,296.74 $1,922.17 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $319.50 Uniform Medical Plan Classic PREMIUM $754.34 $1,440.99 $1,269.33 $1,955.99 15%Primary Cam S250/Pcrson $2,000/Pcmon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist S750/Family $4,000/Family PREMIUM TOTAL $888.89 $1,575.54 $1,403.88 $2,090.54 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $487.87 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Cam S1,400/Person $4,200/Pcrson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist $2,800/Family S8,400/Family PREMIUM TOTAL $917.52 $1,427.65 $1,289.70 $1,841.51 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $238.84 Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,860.44 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Cam S125/Pcrson $2,000/Pcman WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 (Must live in Snohomish,King,Kilsap,Pierce, Spokane,Yakima,Skagit or Thurston County) 15%Specialist $375/Family $4,000/Family PREMIUM TOTAL $854.14 $1,506.05 $1,343.08 $1,994.99 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $392.32 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $25.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduce premium by$0.16 VSP$175 Basic $24,000 Willamette(Managed Care&their facilities) Frame IDependent $1,000 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: 11/3/20 Agenda Item# (Commissioner staff to complete) BRIEFING DATE:10/19/20 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: RCW 36.16.070 states that the Board of County Commissioners shall fix the compensation of all employees. Contribution at$1,310 per month,per employee effective January 1,2021 for Probation and Public Defenders: MEDICAL- It is recommended that the Board adopt, effective January 1,2021,the Board of County Commissioners does hereby establish the County's health insurance contribution rate for the Probation and Public Defenders Collective Bargaining Agreements in place, but will not be ratified effective January 1,2021 utilizing the pooling method,and resulting in a distribution as follows: $1,071.99 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,485.24 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1,362 per month,per employee (2021 rate for General Services, Community Family &Health,Elected Officials,Non-Represented,and Deputy Prosecutors): MEDICAL- It is recommended that the Board adopt, effective January 1, 2021 the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (General Services, Community & Family Health, and Deputy Prosecutors) in place and ratified on January 1, 2021, and Elected Officials, and Non Represented effective January 1, 2021 utilizing the pooling method,and resulting in a distribution as follows: $1,071.99 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,537.24 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Background: The Board has determined that a$52 medical increase for Elected Officials and Non Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED ACTION: Approval of the attached resolution,effective January 1,2021,for participants of the PEBB Medical program,which allocates through the pooling method, $1,071.99 per month County contribution for employees with single enrollments on medical, and $1,485.24 for employees with dependent enrollments, per month for Teamsters Probation and IWA Public Defenders Collective Bargaining Agreement expired December 31, 2020 and have not been ratified by January 1, 2021, and; Effective January.1, 2021 for participants of the PEBB Medical program,which allocates through the pooling method,$1,071.99 per month County contribution for employees with single enrollments on medical,and$1,537.24 with dependent enrollments,for Teamsters General Services, Community& Family Health, IWA Deputy Prosecutors whose Collective Bargaining Agreements are in place and ratified on January 1, 2021, and Non Represented and Elected Officials. Attachment: Resolution, Pooling Calculation Details, & PEBB Medical Premium charts f RESOLUTION NO. AMEND RESOLUTION NO. 102-19 DETERMINING THE COUNTY'S 2021 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, General Services, Community Family Health, and Deputy Prosecutors shall increase by$52 per month for a total contribution of$1,362 (One thousand three hundred and sixty two dollars) per month, effective January 1, 2021; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective January 1, 2021, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (Probation and Public Defenders) in place, but not ratified on January 1, 2021 utilizing the pooling method, and resulting in a distribution as follows: $1,071.99 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,485.24 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2021, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (General Services, Community & Family Health, Deputy Prosecutors) and Elected Officials, and Non Represented in place and ratified on January 1, 2021 utilizing the pooling method, and resulting in a distribution as follows: $1,071.99 per month per Employee for those individuals enrolled in PEBB medical as .an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,537.24 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Approved this day of 2021 BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chairperson Kevin Shutty, Commissioner Randy Neatherlin, Commissioner Attest: McKenzie Smith, Clerk of the Board Approved as to Form: Tim Whitehead, Chie y Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads RESOLUTION NO. AMEND RESOLUTION NO. 102-19 DETERMINING THE COUNTY'S 2021 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, General Services, Community Family Health, and Deputy Prosecutors shall increase by$52 per month for a total contribution of$1,362 (One thousand three hundred and sixty two dollars) per month, effective January 1, 2021; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective January 1, 2021, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (Probation and Public Defenders) in place, but not ratified on January 1, 2021 utilizing the pooling method, and resulting in a distribution as follows: $1,071.99 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision, and basic life insurance. $1,485.24 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2021, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (General Services, Community & Family Health, Deputy Prosecutors) and Elected Officials, and Non Represented in place and ratified on January 1, 2021 utilizing the pooling method, and resulting in a distribution as follows: $1,071.99 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,537.24 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Approved this day of 2021 BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chairperson Kevin Shutty, Commissioner Randy Neatherlin, Commissioner Attest: McKenzie Smith, Clerk of the Board Approved as to Form: Tim Whitehead, Chief Deputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads PEBB Effective January 1,2021 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of September 30,2020 2020 Contribution per Employee s Probanon_&PublicDefenders _ $1,310_00 1 minus $1,071.99 Highest Employee only premium = $238.01 2021 Contribution per Employee- General.Services,Com Family Health; Elected Officials,Non=Represented;& . Deputy Prosecutors ;$1,362.00•' minus $1,071.99 Highest Employee only premium = $290.01 2020 Contribution per Employee.= Probation&Pubhc%Defenders _ $238.01 X 6 Employee only premiums = $1,428.06 2021 Contribution per.Einployee General,Services;Com Family Health, ' Elected Officials,Non-Represented,.& Deputy Prosecutors $290.01 X 49 Employee only premiums = N 1'Medical Waiver; $1,310.00 minus $155.62 PEBB dental,vision,life only amount = $1,154.38 2 Medical Waiver $1,310.00 minus $155.62 PEBB dental,vision,life only amount = $1,154.38 3 Medical Waiver'. $1,310.00 minus $155.62 PEBB dental,vision,life only amount = $1,154.38 Total pooling er month for dependent coverage = $19,101.69 $19,101.69 divided by 109 Employee+Dependent Coverages = $175.24 PEBB Effective January 1,2021 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS 2020`Contribution per-Employee-- Probation&Public Defenders $1,310.00 + $175.24 Pooling amount per Employee+Dependent Coverages = ' $1,485.24- 2021 Contribution per Employee- General Services,.Com Family:Health,, Elected'Officials,Non-Represented,& Deputy Prosecutors _ _ _ $1,362.00 + $175.24 Pooling amount per Em loyee+Dependent Coverages Pooled County Contribution for Employee+Dependent Coverage = Pooled County Contribution for Employee only Coverage = (` $1,071.99 1lftonrn y Annual indiv Premium #Months Premium 2020 Contribution per-Employee.- j Probation&Public Defenders 11,485.24 12 $ 17,822.94 General Services,Com•Family Health, v' Elected.Officials,Non-Represented,&' . Deputy Prosecutors $1;537.24 12 $ 18,446:9:4 2021 Contribution-for all Employee Only Coverage $1,071.99 12 $12,863.88 COMMUNITY FAMILY HEALTH,ELECTED OFFICIALS& NON REPRESENTED PEBB-Medical and Dental 2021 The County premi urn,cdntribue16n,6singthe pool]rig method,effective January 1,2021,.by,Resolution' :All pooled @ 2021-rate of$1,362 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $937.44 $1,719.27 $1,523.81 $2,305.63 (Group Health Classic) S 15 Primary Ca. S175/Perm. $2,000/Pr.- COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 S30 Specialist S525/Family S4,000/17amily EMPLOYEE PAYS(Payroll Deduction) None $182.03 None -$768.39 Kaiser Permanente WA PREMIUM $961.01 $1,566.39 $1,390.05 $2,095.43 (Group Health Value) $30 Primary Co. $250/Pcrson $3,000/Penon COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 $50 Specialist S750/17amily S6,000/17amily EMPLOYEE PAYS(Payroll Deduction) None $29.15 None $558.19 Kaiser Permanente WA PREMIUM $781.34 $1,401.91 $1,261.35 $1,823.59 (Group HealthCDHP) I0%n/PrinmryCare $1,400/Pason $5,100/Person COUNTYPOOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 10%Specialist S2,800/17amily $10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None None $286.35 Kaiser Permanente WA PREMIUM $803.48 $1,451.33 $1,289.37 $1,937.22 (Group Health Sound Choice) O Primary Cam SI25/Pcrson S2,000/Pcoon COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 (Must li%v or rsnrk in Snohomish,King,Picrcc or Thmrston County) 15%Specialist $375 Family $4,000/Fomily EMPLOYEE PAYS(Payroll Deduction) None None None $399.98 Uniform Medical Plan Classic PREMIUM $853.77 $1,551.91 $1,377.37 $2,075.52 15%Primary Caro $250/Pcrson $2,000/Person COUNTY POOLED.CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $14.67 None $538.28 Uniform Medical Plan Select PREMIUM $785.55 $1,415.48 $1,258.00 $1,887.93 20%Primary Care $750/Pcmon S3,500/17ersot COUNTY POOLED CONTRIBUTION $0.00 $1,537.24 $1,537.24 $1,537.24 20%Specialist S2,250/Family S7,000/17amily EMPLOYEE PAYS(Payroll Deduction) None None None $350.69 Uniform Medical Plan CDHP PREMIUM $780.57 $1,400.36 $1,260.00 $1,821.46 15%Primary Care $1,400/Pcrson $4,200/Person COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 15%Specialist $2,800/Family $8,400/1'amily EMPLOYEE PAYS(Payroll Deduction) None None None $284.22 Uniform Medical Plan PLUS or PREMIUM $820.84 $1,486.07 $1,319.76 $1,984.98 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Care S125/Pc.on S2,000/Persan COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 (Must live in Snohomish,King,Kitsap,Pierce, Spokane,Yakima,Skagit or Thurston County) 15%specialist S375/Family S4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $447.74 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $155.62 $155.62 $155.62 $155.62 DENTAL Deductibles Max out-of-pocket VISION - BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$350/1'amily You pay amounts Included in medical plan Basic Life $35,000 Basic $ AD&D 5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amountover$150 every 24 evidence of Insurability If enrolled no laterthan 60 days after NONE months forframes,lenses,contacts and becoming eligible. Managed care w limited dentists Maximum g / fitting fees combined.Exception:for LIMP Willamette Dental Classic,you pay any amount over$65 for May enroll In optional LTD within 31 days of initial eligibility for Managed car Maximum NONE No General Plan contact lens fitting fees, 8 PEBB benefits.After31 days must also complete Evidence of e&their facilities Insurability form. PUBLIC DEFENDERS&PROBATION PEBB-Medical and Dental 2021 w the County premm-contribution using the pooling method,effective January 1;2021 by Resolution All pooled @ 2020 Yate of$1,330 j Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $937.44 $1,719.27 $1,523.81 $2,305.63 (Group Health Classic) $IS Primary Care $175/Person $2,000/Pamon COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 S30 Specialist $525/Family 54,000/Family EMPLOYEE PAYS(Payroll Deduction) None 5234.03 $38.57 $820.39 Kaiser Permanente WA PREMIUM $861.01 $1,566.39 $1,390.05 $2,095.43 (Group Health Value) $30 Primary Cam $250/Persoa $3,000/Pcrson COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 S50 Specialist 5750/Family- $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None $81.15 None $610.19 Kaiser Permanente WA PREMIUM $781.34 $1,401.91. $1,261.35 $1,823.59 (Group Health CDHP) 10%dPrlmaryCmc $1,400/Person 55,100/Person COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 10%Specialist 52,800/Family $10,200/Fanuly EMPLOYEE PAYS(Payroll Deduction) None None None $338.35 Kaiser Permanente WA PREMIUM $803.48 $1,451.33 $1,289.37 $1,937.22 (Group Health Sound Choice) O Primary Cam 5125/Person 52,000/Person COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 (Must live or work in Snohomish,King,Picra 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction None None None $451.98 or Thurston Comtyj (P Y ) Uniform Medical Plan Classic PREMIUM $853.77 $1,551.91 $1,377.37 $2,075.52 15%Primary Care 5250/Person $2,000/Pcman COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 15%specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $66.67 None $590.28 Uniform Medical Plan Select PREMIUM $785.55 $1,415.48 $1,258.00 51,887.93 20%Primary Cam $750/1erson $3,500/Pcrson COUNTY POOLED CONTRIBUTION $0.00 $1,485.24 $1,485.24 $1,485.24 20%Specialist 52,250/Family $7,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $402.69 Uniform Medical Plan CDHP PREMIUM $790.57 $1,400.36 $1,260.00 $1,821.46 15%Primary Care 51,400/Person 54,200/Pcrson COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 15%Specialist $2,800/1'amily $8,400/Fmnily EMPLOYEE PAYS(Payroll Deduction) None None None $336.22 Uniform Medical Plan PLUS or PREMIUM $820.84 $1,486.07 $1,319.76 $1,984.98 Uniform Medical Plan Plus UW 0%Primary Care $125/Pcrson $2,000/Pcrson COUNTY POOLED CONTRIBUTION $1,071.99 $1,485.24 $1,485.24 $1,485.24 Medicine ACN (Must live in Snohomish,King, stonon t Pie Spokane Yakima,Skagit or Thurston County), 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $0.83 None $499.74 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 1 $50.00 $0.00 $50.00 Medical Waived $155.62 1 $155.62 $155.62 $155.62 DENTAL Deductibles Max out-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts Included In medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll In supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of Insurability If enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum fitting fees combined.Exception:for LIMP Willamette Dental No General Plan Classic,you pay any amount over$65 for May enroll in optional LTD within 31 days of initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Maximum Insurability form. GENERAL SERVICES&DEPUTY PROSECUTORS PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2021 iryi�- -S-yliwuol- if ­­ -' The'66untyprernitlmcontri 4U66u I ffi cilil method;method;eqectivelanit ' Oiii' Resolution Al 1pooll!e492021!rateo Kaiser Permanente W A(Group Copays Annual Deductibles M&xouL-of-pocket Employee EE/Spouse EE/Children Full Family PREMIUM $850.76 $1,632.59 $1,437.13 $2,218.95 Health Classic) $15 Primary Cam $175/P-- $2,000/Parson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $30 Specialist $525/Family $4,000/Fandly PREMIUM TOTAL $985.31 $1,767.14 $1,571.68 $2,353.50 COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None $229.90 $34.44 $816.26 Kaiser Permanente WA(Group PREMIUM $774.33 $1,479.71 $1,303.37 $2,008.75 Health Value) $30 Primary Cam $250/Pcrson $3,000/Pc... WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $50 spi.liat $750/F..ily S6,000/F..ily PREMIUM TOTAL $908.88 $1,614.26 $1,437.92 $2,143.30 COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $I,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None $77.02 None $606.06 Kaiser Permanente WA(Group PREMIUM $694.66 $1,315.23 $1,174.67 $1,736.91 Health CDHP) IOV.TdmryCam S1.400/Farsoa $5,1001parso. WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 10%Sp,,ialist $2.800/F.mily $10,200/Family PREMIUM TOTAL $829.21 $1,449.78 $1,309.22 $1,871.46 COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None None None $334.22 Kaiser Permanente WA(Group PREMIUM $716.80 $1,364.65 $1,202.69 $1,850.54 Health Sound Choice) 0 Primary Cam $125/Penon $2,000/Pcrson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist $375 Family S4,000/F..ily PREMIUM TOTAL $851.35 $1,499.20 SI,337.24 $1,985.09 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $447.85 Uniform Medical Plan Classic PREMIUM $767.09 $1,465.23 S1,290.69 $1,988.84 15%prinaarycana Marc- S2.0001?-- WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist S750/Family $4,000/Fmnily PREMIUM TOTAL $901.64 $1,599.78, $1,425.24 $2,123.39 COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None $62.54 None $586.15 Uniform Medical Plan Select PREMIUM $689.87 $1,328.80 $1,171.32 $1,801.25 20%Primary Cam S750/Parson S3,500/Parmn WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 20%Spiliet $2,200/F..ily S7,000/F..ily PREMIUM TOTAL $824.42 $1,463.35 $1,305.87 $1,935.80 COUNTY POOLED CONTRIBUTION $0.00 $1,537.24 $1,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None None None $398.56 Uniform Medical Plan CDHP PRF.MITTM $693.89 $1.313.68 $1.173.32 $1.734.78 15%PrimaryCam S1,400/Person, $4.200/P-- WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%spi.liat S2.800/F.nnily S8,4001F.anily PREMIUM TOTAL $828.44 $1,448.23 $1,307.87 $1,869.33 COUNTY POOLED CONTRIBUTION $1,071.99 $1,537.24 $1,537.24 $1,537.24 EMPLOYEE PAYS(Payroll Deduction) None None None- $332.09 Uniform Medical Plan PLUS or PRF.IVM JM $734.16 $1.399.39 $1.233.08 $1.898.30 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Co. S125/Parson $2,000/Pe... WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 (Must live in Snohomish,King,Kitsap Piesec, Spokane,Yakima,Skagit orThmton Lounty) 15%SN.i.li.L $375/F..ily $4,0001F.mily PREMIUM TOTAL $868.71 $1,533.94 $1,367.63 $2,032.85 ('01 INTY POOLED C(INTRIFIT ITION Sl 07199 Sl 53724 $l 53724 SI 51774 EMPLOYEE PAYS(Payroll Deduction) None None None $495.61 ITobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 [Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduce premium by$3.83 VSP$175 Basic $24,000 IWillamette(Managed Care&their facilities) I Frame iDependent $1,000 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: November 03, 2020 Agenda Item # 43.-+ Commissioner staff to complete) BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: State Homeland Security Program (SHSP) FY-20 Grant Contract # E21-064 for $20,441 from Washington State Military Department (EMD) and US Department of Homeland Security. Performance period is from 09/01/2020 to 11/15/2021. BACKGROUND: The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an annual grant received from the US Department of Homeland Security pass-through Washington State Military Department (EMD) and then to the Homeland Security Regions. At our Regional level, the funding distribution formula involving a base amount and population. Mason County has received the yearly SHSP Grant since 2003. The funding for this grant has decreased by $8,000 this year's grant amount is $20,441 (2018- $28,383). The grant fund will provide for secondary power, communications and support of past SHSP projects. BUDGET IMPACTS: Increase 2021 budget revenue for Emergency Management and spending authority for the grant amount $20.441. RECOMMENDED ACTION: Recommend accepting the SHSP FY-20 grant contract # E21-064 and allow the Emergency Management Manager to sign the contract for Mason County to receive the funding. Chief Deputy Prosecuting Attorney has approved the contract to form. ATTACHMENT(S): Excerpts from Homeland Security Grant Agreement #E21-064. J:\Grant Information\HSGP-SHSP\SHSP 2020\Contract\Commission Agenda Item Summary Template 11-03-2020.doc Washington State Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: County of Mason $20,441 E21-064 Emergency Management 100 West Public Works Drive,Building 1 Shelton,WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360-427-9670 Ext.806 September 1,2020 November 15,2021 rmcdowell@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): John Hollingsworth,253-512-7044 069580751 232-002-101 'ohn.hollingsworth@mll.wa.gov 10. Funding Authority: Washington State Military Department the Department and the U.S.Department of Homeland Security(DHS) 11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)#&Title: EMW-2020-SS-00080 08/26/2020 1 97.067-20HSGP(SHSP) 14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN $15,657,838.00 703SB,703SC,703SH,703SL,703SQ,703SZ/NZ 1 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 35 Mason Certified: Z N/A ❑ NO BY CONGRESSIONAL DISTRICTS: 6 ❑ YES, OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services Z Public/Local Gov't ❑ Contract Z Grant Z Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) Z "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A Z Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR Z SUBRECIPIENT❑ OTHER 24. PURPOSE&DESCRIPTION: The objective of the Federal Fiscal Year(FFY)2020 Homeland Security Grant Program(20HSGP)is to fund state,local,tribal,and territorial efforts to prevent terrorism and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States. 20HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National Preparedness Goal of a secure and resilient nation.20HSGP supports core capabilities across the five mission areas of prevention,protection,mitigation,response,and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization,equipment purchase,training,exercises,and management and administration. The Department is the Recipient and Pass-through Entity of the 20HSGP DHS Award Letter for Grant No.EMW-2020-SS-00080,which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter(Attachment C), Work Plan (Attachments D-1, D-2, D-3), , Budget (Attachment E),Timeline(Attachment F);and all other documents,and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions 2. DHS/FEMA Award and program documents 5.General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference. WHEREAS, the parties have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Sharon Trask, Chair Washington State Military Department Mason County Board of Commissioners BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM(if applicable): Dawn C. Cortez Assistant Attorney General(08/11/2020) Applicant's Legal Review Date DHS-FEMA-HSGP-SHSP-FFY20 Page 1 of 41 County of Mason, E21-064 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED Mason County Emergency Management PROJECT DESCRIPTION CONTRACT NUMBER FY20- SHSP E21-064 I 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Sharon Trask Commissioner Chair Kevin Shutty Commissioner Randy Neatherlin Commissioner r j 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS IGNATURE PRINT OR TYPE NAME TITLE G. Ross McDowell DEM Manager Jennifer Beierle Budget Manager a 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT IGNATURE PRINT OR TYPE NAME TITLE 4&aadl- G. Ross McDowell DEM Manager Lwv� Jennifer Beierle Budget Manager \\NA - \VOLI\ ME\KARENB\....MMSIGNAUTH Revised 3103 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda X Public Hearing Other DEPARTMENT: Community Services EXT: _279_ DATE: November 3rd, 2020 Agenda Item # 8.8 Commissioner staff to complete) BRIEFING DATE: October 19th1 2020 BRIEFING PRESENTED BY: Alex Paysse [. ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Permit Software Upgrades BACKGROUND: Community Services continues to work on implementing the features and capabilities of the SmartGov permitting system. Community services has already introduced simpler less complicated permits to the online public portal for applicants. The addition of more complicated permits that have actual plans to review requires an additional software upgrade for staff. In short, staff is limited to what permits they can place online due to the lack of paperless review software. BlueBeam Revu with the SmartGov connector provides a more seamless procedure for staff to review, comment, and stamp plans without printing and re-scanning. COVID-19 has created barriers to our department on permitting and receiving permits from applicants. Reducing contact between staff and the public, in addition to telework needs. Moving more permits to our online portal increases the availability to receive and review permits from a distance, which is needed due to COVID-19. The proposed technology expands the SmartGov permitting system, taking COVID-19 guidance into consideration. RECOMMENDED ACTION: Approval to purchase software upgrades for Community Services staff. BUDGET IMPACTS: $10,260 initial costs, $4,945 annually thereafter. CARES funding to be utilized for initial costs. ATTACHMENT(S): MC Community Services BlueBeam Budget Summary 10/19/2020 CD 'S � 73 30% EHH 26 7Q% 9. . Startup Users` Costs Users Costs: BlueBeam studio prime $2,340 ;$1,715 $625 Revu Stnd License(per seat) $349 11 , n,$3,839' r 4 $1,39 *Maintenance(per seat) $99 11 $1,089 4 $396 SG connector $1,200 $88 v 0, x. $32p� Second Year/Annual studio prime $2,340 $1,71'5 $625 *Maintenance(per seat) $99 1 $1,089 4 ` 396� SG connector $1,120 $821 $299 1st year initial costs $10,260 $7,523 � $2,737 Annual renewal thereafter $4,945 ,6251 ' $1,320 CD Users EH Users Josh Luck Rhonda Thompson Trish Woolett Luke Cencula Drew Carlson Jeff Wilmoth Dave Kuzawa Alex Paysse Mike Six Grace Miller Scott Ruedy Marissa Watson Kell Rowen Michael MacSems Planner(vacant) *Maintenance includes premium support via phone or email, Bluebeam Drawings'"and free upgrades to future releases of Revu within one year of your purchase MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda X Public Hearing Other DEPARTMENT: Community Services EXT: S62 DATE: 4O1a-7f2-& 20 Agenda Item # 6 A Commissioner staff to complete) BRIEFING DATE: 10/19/2020 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Heath Care Authority Contract #K3929 (Community Prevention and Wellness Initiative) Amendment 2 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): We have received these funds since 2015 to support work in the community on substance abuse and marijuana use and prevention. The current CPWI Community Coalition Coordinator, Ben Johnson, will implement approved DBHR programs in our community for marijuana use prevention and reduction. BUDGET IMPACT: This amendment provides $230,000 to continue current work through 2022. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Approve amendment # 2 to contract #K3929 ATTACHMENTS: HCA Contract #K3929 10/21/2020 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A5287E629 Washington State CLIENT SERVICES HCA Contract Number: K3929 Health Care uthority CONTRACT RESTATEMENT Amendment Number: 2 For CPWI Prevention Services Contractor/Vendor Contract Number: This Contract is by and between the State of Washington Health Care Authority(HCA) and the.Contractor identified below. CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County Public Health CONTRACTOR Street City State Zip Code 415 N 6TH STREET SHELTON WA 98584 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Lydia Buchheit 360-427-967-ext. 404 Lydiab@co:mason.wa.us Is Contractor a Subrecipient under this Contract? CFDA NUMBER(S): FFATA Form Required ®YES ❑NO ®YES ❑NO HCA PROGRAM HCA DIVISION/SECTION Division of Behavioral Health and Recovery HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Health Care Authority 626 8th Avenue SE Fallon Baraga PO Box 42730 Olympia,WA 98504-2730 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS 360-764-9389 fallon.baraga@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT 7/1/2019 9/29/2022 $594,595 The following Attachments and Exhibits are attached and are incorporated into this Contract by reference: ®Attachments (specify): Attachment 1: Statement of Work Attachment 2: Confidential Information Security Requirements Attachment 3: Data Use, Security and Confidentiality Attachment 4: Business Associate Agreement Attachment 5: Federal Compliance, Certifications and Assurances Attachment 6: Federal Funding Accountability and Transparency Act(FFATA) Data Collection Form Page 1 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Attachment 7: SAMHSA Award Terms Attachment 8: Federal Award Identification for Subrecipients Attachment 9: Award and Revenues Attachment 10: Standards for Reimbursable Costs Attachment 11: Community Based Organization (CBO)Statement of Work The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by both parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTIf?, NAMEAND TITLE DATE SIGNED Rache Amerine Docuftned by. contracts Administrator 9/30/2020 Page 2 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:BiB5D4E5-E1DD-4257-8CAA-230A52B7E629 Contents 1. DEFINITIONS................................................................................................................................................................6 2. PURPOSE...................................................................................................................................................................11 3. TERM.........................................................................................................................................................................11 4. APPLICABLE LAW.......................................................................................................................................................11 S. PERFORMANCE STANDARDS.....................................................................................................................................12 6. CONTRACTOR AND HCA CONTRACT MANAGERS.......................................................................................................12 7. CONTRACTOR MONITORING 7.1. SUBRECIPIENT COMPLIANCE............................................................................................................................................13 7.2. MONITORING ACTIVITIES..................................................................................:.............................................................14 S. COMPENSATION AND BILLING............................................................................................:.....................................15 8.1. CONSIDERATION AND SOURCE OF FUNDS...........................................................................................................................15 8.2. REIMBURSEMENTS..........................................................................................................................................................15 8.3. INVOICE SYSTEM...........................................................................................................................................................16 8.4. PAYMENTS FOR UNALLOWABLE COSTS AND/OR OVERPAYMENTS............................................................................................17 8.5. STATE AND FEDERAL FUNDING REQUIREMENTS...................................................................................................................17 9. SUBCONTRACTING....................................................................................................................................................18 9.1. SUBCONTRACT LANGUAGE..............................................................................................................................................19 9.2. SUBCONTRACT MONITORING...........................................................................................................................................20 10. REMEDIAL ACTION................................................................................................................................................20 10.1. CAUSES.......................................................................................................................................................................20 11. THIRD-PARTY BENEFICIARIES................................................................................................................................21 12. DISPUTES..............................................................................................................................................................21 12.1. REQUESTING A DISPUTE..................................................................................................................................................21 12.2. CONTENT OF THE DISPUTE REQUEST:.................................................................................................................................21 12.3. ACTION ON THE REQUEST:...............................................................................................................................................21 13. INSURANCE...........................................................................................................................................................22 13.1. GENERAL LIABILITY INSURANCE........................................................................................................................................22 13.2. WORKER'S COMPENSATION............................................................................................................................................22 13.3. EMPLOYEES AND VOLUNTEERS.........................................................................................................................................22 13.4. SUBCONTRACTORS.........................................................................................................................................................22 13.5. SEPARATION OF INSUREDS..............................................................................................................................................22 13.6. INSURERS.....................................................................................................................................................................23 13.7. EVIDENCE OF COVERAGE.................................................................................................................................................23 13.8. MATERIAL CHANGES......................................................................................................................................................23 Page 3 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 13.9. GENERAL.....................................................................................................................................................................23 14. NOTICES................................................................................................................................................................23 15. TAXES,FEES AND LICENSES...................................................................................................................................24 15.1. TAXES.........................................................................................................................................................................24 15.2. FEES/LICENSES.............................................................................................................................................................24 16. ACCESS TO DATA...................................................................................................................................................24 17. AMENDMENT........................................................................................................................................................24 18. ANTITRUST ASSIGNMENT......................................................................................................................................24 19. ASSIGNMENT........................................................................................................................................................25 20. ASSURANCES.........................................................................................................................................................25 21. ATTORNEY'S FEES..................................................................................................................................................25 22. BILLING LIMITATIONS............................................................................................................................................25 23. CHANGE IN STATUS...............................................................................................................................................25 24. COMPLIANCE WITH APPLICABLE LAW...................................................................................................................25 25. CONFLICT OF INTEREST.........................................................................................................................................25 26. CONFORMANCE....................................................................................................................................................26 27. CONTRACTOR CERTIFICATION REGARDING ETHICS...............................................................................................26 28. COVENANT AGAINST CONTINGENT FEES...............................................................................................................26 29. DEBARMENT CERTIFICATIONS...............................................................................................................................26 30. FORCE MAJEURE...................................................................................................................................................26 31. FRAUD AND ABUSE REQUIREMENTS.....................................................................................................................26 32. GOVERNING LAW AND VENUE..............................................................................................................................27 33. HEALTH AND SAFETY.............................................................................................................................................27 34. HOLD HARMLESS AND INDEMNIFICATION............................................................................................................27 35. INDEPENDENT CONTRACTOR................................................................................................................................27 36. INDUSTRIAL INSURANCE COVERAGE.....................................................................................................................27 37. INSPECTION..........................................................................................................................................................27 38. LIMITATION OF AUTHORITY..................................................................................................................................28 39. MAINTENANCE OF RECORDS.................................................................................................................................28 40. PAY EQUITY...........................................................................................................................................................28 41. PUBLICITY.............................................................................................................................................................28 41 RECORDS AND DOCUMENTS REVIEW.......:............................................................................................................29 Page 4 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:Ell B5D4E5-E1DD-4257-8CAA-230A52B7E629 43. REGISTRATION WITH THE STATE OF WASHINGTON..............................................................................................29 44. REMEDIES NON-EXCLUSIVE...................................................................................................................................29 45. RIGHTS IN DATA/OWNERSHIP...............................................................................................................................29 46. SEVERABILITY........................................................................................................................................................30 47. SITE SECURITY.......................................................................................................................................................30 48. SURVIVABILITY......................................................................................................................................................30 49. SYSTEM SECURITY.................................................................................................................................................30 50. TERMINATION FOR CONVENIENCE........................................................................................................................31 51. TERMINATION FOR DEFAULT................................................................................................................................31 52. TERMINATION DUE TO CHANGE IN FUNDING.......................................................................................................31 53. TERMINATION OR EXPIRATION PROCEDURES.......................................................................................................31 53.1. CONTRACT CLOSEOUT....................................................................................................................................................32 54. TREATMENT OF PROPERTY...................................................................................................................................33 55. WAIVER.................................................................................................................................................................33 56. ORDER OF PRECEDENCE........................................................................................................................................33 ATTACHMENT 1-STATEMENT OF WORK...........................................................................................................................34 ATTACHMENT 2-CONFIDENTIAL INFORMATION SECURITY REQUIREMENTS....................................................................43 ATTACHMENT 4-DATA USE,SECURITY AND CONFIDENTIALITY........................................................................................54 ATTACHMENT 5-FEDERAL COMPLIANCE,CERTIFICATIONS,AND ASSURANCES...............................................................59 ATTACHMENT 6-FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)DATA COLLECTION FORM.....67 ATTACHMENT 7-SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION(SAMHSA)AWARD TERMS.....69 ATTACHMENT 8-FEDERAL AWARD IDENTIFICATION FOR SUBRECIPIENTS:.......................................................................71 (REFERENCE 2 CFR 200.331)...............................................................................................................................................71 ATTACHMENT 9-AWARD AND REVENUES........................................................................................................................74 ATTACHMENT 10-STANDARDS FOR REIMBURSABLE COSTS.............................................................................................77 ATTACHMENT 11-COMMUNITY BASED ORGANIZATION(CBO)STATEMENT OF WORK...................................................88 Page 5 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 RECITALS WHEREAS, HCA and Contractor previously entered into Contract K3929 for CPWI services; and WHEREAS, HCA and Contractor agreed to make substantive changes to the contract; and WHEREAS, this Amendment supersedes and replaces all prior amendments, attachments, award and revenue tables, contract max, effective 7/1/2019; and THEREFORE, both parties agree to keep the original contract number, and to use this amendment to restate the entire contract, thereby replacing prior terms and conditions. 1. Definitions. "Agent"shall mean the Washington State Health Care Authority Director and/or the Director's delegate authorized in writing to act on behalf of the Director. "Allowable cost" means an expenditure which meets the test of the appropriate executive office of the president of the United States' Office of Management and Budget(OMB) circular. The most significant factors which determine whether a cost is allowable are the extent to which the cost is: • Necessary and reasonable; • Allocable; • Authorized or not prohibited under Washington state or local laws and regulations; • Adequately documented. "Authority"shall mean the Washington State Health Care Authority, any section, unit or other entity of the Authority, or any of the officers or other officials lawfully representing the Authority. "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Awards and Revenues" or"A&R"details the Contractor's Awards and Revenues, attached as Attachment 9. "BARS" means fiscallprogram requirements"BARS" means the Washington State Auditor's Office Budgeting,Accounting, and Reporting System. See—"Fiscal/Program Requirements", definition below,for more information. "Breach" means the unauthorized acquisition, access, use, or disclosure of confidential information that compromises the security, confidentiality, or integrity of the confidential information. "Business Associate" means a Business Associate as defined in 45 CFR 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, which involves the use or disclosure of protected health information (PHI).Any reference to Business Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors, third party contractors, volunteers, or directors. ."Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. "Certified Prevention Professional" or"CPP" means the Prevention Specialist certification recognized by the International Credentialing and Reciprocity Consortium (IC&RC) and supported by the Prevention Specialist Certification Board of Washington, www.pscbw.com. Page 6 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 "CFR" means the Code of Federal Regulations.All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov/cqi-bin/ECFR?Paqe=browse. "Coalition" means a formal arrangement for cooperation and collaboration between groups or sectors of a community. Each participant in the Coalition retains their identity, but all agree to work together toward a common goal of building a safe, healthy, and drug-free community. "Community" means an approved geographic area within school district boundaries, or within High School Attendance Areas (HSAA) and their feeder schools. "Community Prevention and Wellness Initiative" or"CPWI" means the HCA substance use disorder prevention delivery system that focuses prevention services in high-need communities in Washington State as approved by HCA. "Confidential Information" means information that is protected from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or other federal or state laws. Confidential information includes, but is not limited.to, personal information. "Contract" or"Agreement" means the entire written agreement between the authority and the contractor, including any exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail) or fax(facsimile)transmission of a signed copy of this contract shall be the same as delivery of an original. "Contractor" means the individual or entity performing services pursuant to this contract and includes the contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this contract. For purposes of any permitted subcontract; "contractor" includes any subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. "CSAP" means SAMHSA's Center for Substance Abuse Prevention. CSAP works with federal, state, public, and private organizations to develop a comprehensive prevention system. "Cultural Competency" means a set of congruent behaviors, attitudes and policies that come together in a system, or agency, and enables that system or agency to work effectively in cross-cultural situations.A culturally competent system of care acknowledges and incorporates at all levels the importance of language and culture, assessment of cross-cultural relations, knowledge and acceptance of dynamics of cultural differences, and expansion of cultural knowledge and adaptation of services, to meet culturally unique needs. "Data" means information produced, furnished, acquired, or used by contractor in meeting requirements under this contract. This includes Personal Information and Protected Health Information. "DBHR" means the"Division of Behavioral Health and Recovery," a division of HCA, or its successors. "DEX means the United States federal"Drug Enforcement Agency". "Debarment" means an action taken by a federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. "Dedicated Marijuana Account" or"DMA" means revenue generated by taxation of retail marijuana as a result of the implementation of Initiative 502 (1-502) as authorized by the Washington State Legislature in 2E2SHB 2136. Page 7 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:Bi B5D4E5-El DD-4257-8CAA-230A52137E629 "DUNS"or"Data Universal Numbering System" means a unique identifier for businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet(D&B) and are used for a variety of purposes, including applying for government contracting opportunities. "Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. "Encrypt" means to encode confidential information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. "Ensure" means to make sure that something will happen or will be available within the resources identified in the Consideration. "EPA" means the Environmental Protection Agency. "Evidence-Based Program" or"EBP" means a program that has been tested in heterogeneous or intended populations that can be implemented with a set of procedures to all successful replication in Washington.An EBP has had multiple randomized and/or statistically-controlled evaluations, or one large multiple-site randomized and/or statistically-controlled evaluations, and the weight of the evidence from a systematic review demonstrates sustained improvements in at least one of the desired outcomes. "Fiscal/Program Requirements" means the Supplementary Instructions and Fiscal Policy Standards for Reimbursable Costs as used by HCA, located at: httl)s://www.hca.wa.gov/billers-providers-partners/Prior- authorization-claims-and-billin / rovider-billin - uides-and-fee-schedules#t. "For Profit" means a business or institution initiated or operated for the purpose of making a profit. "General Fund State" or"GFS" or"SFG" means the administrative allocation awarded for Substance Abuse Block Grant. "HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Health Care Authority" or"HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Health disparities" means a particular type of health difference that is closely linked with social, economic, and/or environmental disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater obstacles to health based on their racial or ethnic group; religion; socioeconomic status; gender; age; mental health; cognitive sensory, or physical disability; sexual orientation or gender identity; geographic location; or other characteristics historically linked to discrimination or exclusion." (Healthy People 2020). "Health equity" means the attainment of the highest level of health for all people. Achieving health equity requires valuing everyone equally with focused and ongoing societal efforts to address avoidable inequalities, historical and contemporary injustices, and the elimination of health and health care disparities." (Healthy People 2020) "Innovative program" means a program that does not fall into the other categories of Evidence-based, Research-based, or Promising. "Media Materials and Publications" means: • News Release:A brief written announcement the agency provides to reporters highlighting key events, research, results, new funding and programs, and other news; Page 8 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 • Paid Media:Any advertising space/time that is purchased for prevention/coalition messages (printed publications/newspapers, online, outdoor, on-screen, TV and radio); • Earned Media: Published news stories (print, broadcast or online) resulting from the Contractor's Agreements with reporters; • Donated Media, including public service announcements.Any free advertising space or time from broadcast, print, outdoor, online, and other advertising vendors; • Social Media:Also referred to'as new media: messaged posted online of Facebook, Twitter, YouTube, Instagram, Snapchat and similar sites. "Office of Contracts and Procurement" or"OCP" means the Washington State Health Care Authority central headquarters contracting office, or successor section or office. "OMB" means the Office of Management and Budget of the executive office of the president of the United States. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Partnerships for Success" means the Federal Substance Abuse and Mental Health Services Administration (SMHSAA) Grant 2013 and 2018, CFDA number 93.243. "Personal information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. "Physically Secure" means that access is restricted through physical means to authorized individuals only. "Prevention Activity Data" means information input to the"Substance Abuse Disorder Prevention Mental Health Promotion Online Reporting System" or"Minerva" or its successor to record all active prevention services including outcome measures.This information will be used to verify services identified in A-19 invoices prior to payment and must be entered into Minerva by the close of business of the fifteenth (15th) of each month for prevention activities provided during the previous month. "Prevention System Manager"or"PSM" means the designee assigned to manage day to day responsibilities associated with this Contract. "Program Income" means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance. "Promising Program" means a program that is based on statistical analyses or a well-established theory of change, shows potential for meeting the"evidence-based"or"research-based"criteria, and could include the use of a program that is evidence-based for outcomes other than the alternative use. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. "Protected Health Information" or"PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic Page 9 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-E1 DD-4257-8CAA-230A52137E629 information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). "Public information" means information that can be released to the public. It does not need protection from unauthorized disclosure, but does need protection from unauthorized change that may mislead the public or embarrass HCA. "RCW" means the revised code of Washington. All references in this contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: hftp://apps.leg.wa.gov/rcw/. "Regular Annual Schedule" means consistent, reliable services with a pattern of implementation intervals throughout the year. "Regulation" means any federal, state, or local regulation, rule, or ordinance. "Research-Based Program" means a program that has been tested with a single randomized and/or statistically controlled evaluation, demonstrates sustained desirable outcomes; or where the weight of the evidence from a systematic review supports sustained outcomes as identified in the term "evidence-based," but does not meet the full criteria for"evidence-based." "SAMHSA" means the Substance Abuse and Mental Health Services Administration. "Secured Area" means an area to which only authorized representatives of the entity possessing the confidential information have access. Secured areas may include buildings, rooms or locked storage containers (such as a filing cabinet)within a room, as long as access to the confidential information is not available to unauthorized personnel. "Sensitive information" means information that is not specifically protected by law, but should be limited to official use only, and protected against unauthorized access. "State Opioid Response" or"SOR" or SOR II means the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) Grant, CFDA number 93.788. "Statement of Work" or"SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timelines identified in Attachment 1. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor")to perform all or a portion of the duties and obligations that the contractor is obligated to perform pursuant to this contract. "Substance Abuse Block Grant" or"SABG" means Federal Substance Abuse Block Grant funded by the Substance Abuse and Mental Health Services Administration (SAMHSA), CFDA number 93.959. "Substance Use Disorder" or"SUD" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a Substance Use Disorder is based on a pathological pattern of behaviors related to the use of the substances. "Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System" or "Minerva" or its successor means the management information system maintained by HCA that collects planning, demographic, and prevention service data. Page 10 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 "Successor" means any entity which, through amalgamation, consolidation, or other legal succession becomes invested with rights and assumes burdens of the original contractor. "Sub-Recipient" means a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program.A sub-recipient may also be a recipient of other federal awards directly from a federal awarding agency.As in 45 C.F.R. 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition, for any other federal award. See OMB circular a-133 for additional details. "USC" means the United States Code.All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at http://uscode.house.gov/ "Vendor" means a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a federal program. These goods or services may be for an organization's own use or for the use of beneficiaries of the federal program. See OMB circular a-133 for additional details. "WAC" means the Washington administrative code.All references in this contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at: http://apps.leg.wa.gov/wac/ "Young Adult" means an individual from age eighteen (18)through twenty(20). "Youth" means an individual from age ten (10)through age seventeen (17). 2. Purpose The purpose of this contract is to obtain CPWI Prevention Services in order to increase capacity to implement direct and environmental substance use disorder prevention services in high need communities qualified to immediately implement identified evidence-based practices and programs to prevent and reduce the misuse and abuse of alcohol, tobacco, marijuana, opioids, and/or other drugs. 3. Term The initial term of this Contract will commence on 7/1/2019, and continue through 9/29/2022, unless terminated sooner as provided herein. This Contract may be extended in whatever time increments HCA deems appropriate. Work performed prior to full contract execution, signed by the authorized representatives of both parties will be at the sole risk of the Contractor. HCA will not pay any costs incurred before a Contract or subsequent amendment is fully executed. 4. Applicable Law These legal resources identified below are incorporated by reference and include but are not limited to the following: i. 21 CFR Food and Drugs Chapter I, Subchapter C, Drugs: General; ii. 42 CFR Subchapter A-General Provisions, Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records; iii. Omnibus Crime Control and Safe Streets Act of 1968; iv. 45 CFR Public Welfare, Part 96 Block Grants, Subpart L Substance Abuse Block Grant; V. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Award, 2 CFR Part 200, 45 CFR Part 75; Page 11 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61 B5D4E5-El DD-4257-8CAA-230A52B7E629 vi. Fiscal/Program Requirements (formerly part of the BARS document) https://www.hca.wa.gov/billers- providers-partners/prior-authorization-claims-and-billing/provider-billing-guides-and-fee-schedules#t; vii. Title VI of the Civil Rights Act of 1964; viii. Section 504 of the Rehabilitation Act of 1973; ix. Title II of the Americans with Disabilities Act of 1990; X. Title IX of the Education Amendments of 1972; A. The Age Discrimination Act of 1975; and xii. The Department of Justice Non-Discrimination Regulations at 28 CFR Part 42, Subparts C, D, E and G, and 28 CFR Parts 35 and 39. 5. Performance Standards Contractor is expected to adhere to the following performance standards throughout the duration of this Contract: i. Adherence to all applicable state and federal laws, including but limited to all legal resources identified in Section 4 of this Contract; ii. Use of professional judgment; iii. Collaboration with HCA staff in Contractor's conduct of services; iv. Conformance with HCA directions regarding the delivery of services; V. Timely, accurate and informed communications; vi. Regular completion and updating of project plans, reports, documentation and communications; vii. Ensure all services and activities provided by the Contractor or subcontractors are designed and delivered in such a manner sensitive to the needs of all diverse populations; viii. Regular, punctual attendance at all meetings; and ix. Provision of high quality services. 6. Contractor and HCA Contract Managers Contractor's Contract Manager or designee will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. HCA's Contract Manager or designee is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding Contract performance and deliverables. The HCA Contract Manager or designee has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. The contact information provided below may be changed by written notice of the change(email acceptable)to the other party. Page 12 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name: Lydia Buchheit Name: Fallon Baraga Address: 415 N 6th Street Address: 621 8rh Avenue SE Shelton,WA 98585-3425 Olympia,WA 98504 Phone: 360-427-967-ext. 404 Phone: 360-764-9389 Email: Lydiab@co.mason.wa.us Email: fallon.baraga@hca.wa.gov 7. Contractor Monitoring HCA will monitor the performance of the Contractor against goals and performance standards as stated in Attachment 1: Statement of Work. Substandard performance as determined by HCA will constitute non- compliance with this Contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by HCA, suspension or termination procedures will be initiated. 7.1.Subrecipient Compliance If the Contractor is a subrecipient(as defined in 2 CFR 200.330) of federal awards, then the Contractor shall: i. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance(CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; ii. Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; iii. Prepare appropriate financial statements, including a schedule of expenditures of federal awards; iv. Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are sub-recipients; V. Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; vi. Comply with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular A-87, and any successor or replacement Circular or regulation; and vii. Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.4ov/ocr/statutes.htm for additional information and access to the aforementioned Federal laws and regulations.) Page 13 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 7.1.1.Single Audit Compliance If the Contractor is a subrecipient and expends$750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: i. Submit to the HCA contact person the data collection form and reporting package specified in OMB Circular A-133, reports required by the program-specific audit guide(if applicable), and a copy of any management letters issued by the auditor. ii. Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133 including prepare a"Summary Schedule of Prior Audit Findings." 7.2.Monitoring Activities The Contractor is required to meet or exceed the monitoring activities, as outlined below. Compliance will be monitored throughout the performance period to assess risk. Concern will be addressed through a Corrective Action Plan. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Contract deliverables; iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e- mails and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Contract work plan, budget and Federal requirements; V. Observation and documentation of Contract-related activities, such as trainings and events; vi. On-site visits or desk audits to review records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 7.2.1. Corrective Action Plans HCA may require the Contractor to develop a Corrective Action Plan (CAP), which must be submitted for approval to HCA within fifteen (15) calendar days of notification unless otherwise specified. CAPs may require modification to any policies or procedures by the Contractor relating to fulfillment of its obligations pursuant to this Contract. HCA, at its sole discretion, may extend or reduce the time allowed for corrective action depending upon the nature of the situation. i. CAPs must at a minimum include: a. A brief description of the finding(s), including all relevant information specific to the issue(s); b. Specific actions taken and to be taken by the Contractor, including: a timetable; a description of the monitoring to be performed. ii. CAPs are subject to approval by HCA. HCA may: a. Accept the plan as submitted; b. Accept the plan with specified modifications; c. Request a modified plan; d. Reject the plan. Page 14 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 135NE5-E1 DD-4257-8CAA-230A52B7E629 7.2.2. Extension to Deliverables The Contractor must request prior written approval from the FICA Contract Manager to waive or extend a due date identified in Attachment 1: Statement of Work and, once approved, submit those deliverables and the associated costs on the next scheduled reimbursement due date. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Contract and may increase required monitoring activities. Any request for a waiver or extension of a due date identified in Attachment 1: Statement of Work will be treated as a request for an Amendment of the Contract. This request must be submitted to the HCA Contract Manager sufficiently in advance of the due date to provide adequate time for HCA to review and consideration and may be granted or denied within HCA's sole discretion. 8. Compensation and Billing 8.1.Consideration and Source of Funds Total consideration payable to the Contractor for satisfactory performance of the work under this Contract is up to a maximum of$594,595, including any and all expenses, in accordance with Attachment 9 Awards and Revenues. Funding for any additional periods past the initial term are contingent on satisfactory completion of all contract requirements and continued state and/or federal funding. Contractors may be required to submit an updated Action Plan and Budget to HCA in order to receive funding for additional terms. Funding that supports this Contract comes from state and/or federal grant funds, HCA, and the Catalog of Federal Domestic Assistance (CFDA) as listed within the Awards and Revenue.Any state or federal funds obligated under this Contract which are not expended according to the timeline on the Awards and Revenues, may not be used or carried forward to any other Contract or time period. Subrecipients shall only use federal award funds under this Contract to supplement existing funds and will not use them to replace(supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 8.2. Reimbursements HCA shall reimburse the Contractor only for actual incurred and allowable costs for the services identified in this Contract and in accordance with Attachment 10: Standards for Reimbursable Costs. The Contractor shall not bill and HCA shall not pay for services performed under this contract, if the contractor has charged or will charge another agency of the state of Washington or any other party for the same services. Reimbursement requests will not be approved for payment until the Contractor is current with all reporting requirements contained in this Contract. HCA shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract. All work under this Contract must end on or before the funding source end date and the final reimbursement request must be submitted to HCA within forty-five(45) calendar days after the Page 15 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61B5D4E5-E1DD-4257-8CAA-230A52B7E629 funding source end date, except as otherwise authorized by either(1) written amendment of this Contract or(2)written notification from the HCA to the Contractor. Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty(60) calendar days after the Contract expiration date or within forty-five(45) calendar days after the funding source end date, whichever comes first, except as otherwise authorized by either(1) written amendment of this Contract or(2)written notification from the HCA to the Contractor. The Contractor must submit invoices for costs due and payable under this contract within ninety(90) days of the date services were provided or within sixty (60) calendar days after the Contract expiration date or within forty-five(45) calendar days after the funding source end date, whichever comes first, except as otherwise authorized by either(1)written amendment of this Contract or(2) written notification from HCA to the Contractor. HCA is under no obligation to pay any claims that are submitted forty-six(46) or more days after the funding source end date, sixty-one (61) or more calendar days after the Contract expiration date, or ninety-one(91) or more calendar days after the date of services were provided ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. Payment shall be considered timely if made by HCA within thirty(30) business days after receipt and acceptance by HCA of the properly completed invoices. Payments shall be sent to the address designated by the Contractor on page one (1) of this Contract. HCA may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 8.3. Invoice System The Contractor shall submit invoices using State Form A-19 Invoice Voucher, or such other form as designated by HCA. Consideration for services rendered shall be payable upon receipt of properly completed invoices which shall be submitted via email to:A-19DBHR@hca.wa.gov by the Contractor not more often than monthly unless otherwise specified. Please include the contract number in the subject line of the email, followed by the Prevention System Naming Convention and cc the Contract Manager or designee when submitting the invoice. Contractor may bill for cost reimbursement for month of service if appropriate service data is provided in Minerva. Invoices must describe and document to HCA's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. All fund sources are to be billed for separately as outlined on the A-19 Invoice Voucher. All invoices will be reviewed and must be approved by the Contract Manager or his/her designee prior to payment. HCA shall not be obligated to reimburse the Contractor for any services or activities performed prior to having a fully executed copy of this Contract. The Contractor shall ensure all expenditures for services and activities under the Contract are submitted on the A-19 invoice and have the associated appropriate Minerva data entry. HCA will deny incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https:Hofm.wa.gov/it-systems/statewide-vendorpayee- Page 16 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 services/receiving-payment-state. Payment will be directly deposited in the bank account or sent to the address Contractor designated in its registration. Administrative costs shall be billed separately from direct prevention services as indicated on the A- 19 invoice. i. Administrative costs are defined in the Fiscal/Program Requirements. ii. The Contractor shall use no more than eight percent 8% of each fund source allocation for administrative costs. i. Contractor may bill up to 8% of total costs to admin by fund source as specified on the A&R however the following also applies: - 1. Admin costs must be billed in proportion to direct expenses.Admin should be charged using the following formula: Direct costs/(1 -allowed admin rate) _ Total Costs; Total costs-Direct costs=Admin costs. 2. Administrative costs are to be reconciled at the end of each fund source time period to ensure adherence. iii. No SABG funds allocated in this contract shall be used for administrative costs unless otherwise specified on the A&R.Admin for SABG is allocated as GFS unless otherwise specified. HCA reserves the right to reduce the Prevention funds awarded in the Contract if the Contractor expenditures are below 60% of expected levels during each fiscal quarter. Expenditures will be reviewed quarterly. SOR, PFS, DMA, and GFS funds may not be carried forward from year to year, based upon their respective fiscal year. 8.4. Payments for Unallowable Costs and/or Overpayments If it is determined by the HCA, or during the course of a required audit, that the Contractor has been paid unallowable costs under this Contract, HCA may require the Contractor to reimburse the Authority in accordance with OMB Circular A-87. In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor shall refund the full amount to HCA within thirty(30) calendar days of the notice. 8.5. State and Federal Funding Requirements The Contractor shall comply with the following: i. Comply with all applicable provisions of the Notice of Awards for the SOR and PFS grants, SABG, and any other federal grants noted on the Awards and Revenues; ii. Comply with RCW 69.50.540 Dedicated Marijuana Account Appropriations; iii. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by CFDA title and number, award number and year, name of the federal agency, and name of the pass-through entity; iv. Maintain internal controls that provide reasonable assurance that the Subrecipient is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; Page 17 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 V. The Contractor shall ensure that Charitable Choice Requirements of 42 CFR Part 54 are followed and that Faith-Based Organizations (FBO) are provided opportunities to compete with traditional alcohol/drug abuse prevention providers for funding; vi. If the Contractor subcontracts with FBOs, the Contractor shall require the FBO to meet the requirements of 42 CFR Part 54 as follows: a. Applicants/recipients for/of services shall be provided with a choice of prevention providers. b. The FBO shall facilitate a referral to an alternative provider within a reasonable time - frame when requested by the recipient of services. C. The FBO shall report to the Contractor all referrals made to alternative providers. d. The FBO shall provide recipients with a notice of their rights. e. The FBO provides recipients with a summary of services that includes any inherently religious activities. Prepare appropriate financial statements, including a schedule of expenditures of federal awards. f. Funds received from the federal block grant must be segregated in a manner consistent with Federal regulations. vii. No funds may be expended for religious activities. 9. Subcontracting Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Contract without obtaining prior written approval of the HCA. In no event shall the existence of the subcontract operate to release or reduce the liability of the contractor to the HCA for any breach in the performance of the Contractor's duties. This clause does not include contracts of employment between the Contractor and personnel assigned to work under this Contract. Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are carried forward to any subcontracts. Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons Confidential Information without the express written consent of the Authority or as provided by law. The rejection or approval by the Authority of any subcontractor or the termination of a subcontractor shall not relieve the Contractor of any of its responsibilities under this Contract, nor be the basis for additional charges to the Authority. The Authority has no contractual obligations to any subcontractor or vendor under contract to the Contractor. The Contractor is fully responsible for all contractual obligations,financial or otherwise, to their subcontractors. 9.1.Subcontract Language It is the Contractor's sole responsibility to ensure that its subcontractors performing services under this Contract are meeting the requirements below and as otherwise outlined in this Contract when providing services to patients, clients, or persons seeking assistance,which include but are not limited to: i. Subcontractor's identifying information including DUNS number and Zip code+4 of subcontractor ii. Applicable definitions Page 18 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 iii. Identification of purpose and term of subcontract iv. Federal and state laws as applicable a. This includes, but not limited to OMB and the audit requirements-OMB 2 CFR, Part 200, Subpart F audit requirements if applicable to the subcontractor V. Subrecipient requirements as applicable vi. Identification of funding sources and associated funding requirements vii. Determination of eligible clients viii. Compensation and billing arrangement in compliance with the terms of this contract and Fiscal/Program requirements (see definitions for more information). ix. Termination and contract closeout language as applicable to include: a. That termination of a subcontract shall not be grounds for a fair hearing for the service applicant or a grievance for the recipient if similar services are immediately available in the County b. What actions the Subrecipient will take in the event of a termination of a subcontractor to ensure all prevention data on services provided have been entered into the Minerva X. How service recipients will be informed of their right to a grievance in the case of: a. Denial or termination of service b. Failure to act upon a request for services with reasonable promptness A. Statement of work and/or identification of deliverables and plan for monitoring xii. Identification of data entry into Minerva, as applicable xiii. Authorization for Contractor to conduct an inspection of any and all subcontractor facilities where services are performed including for contract monitoring activities a. Requirement that subcontractors will perform background checks on its employees and independent contractors used to perform the services xiv. FBO requirements if applicable xv. Insurance requirements xvi. Debarment and suspension certification xvii. Protection of confidential Information and restrictions on the providing and sharing of data xviii. Business Associate Agreement in compliance with the requirements of HIPAA xix. Federal compliance, certifications, and assurances as applicable xx. SAMHSA award terms as applicable, and xxi. Identifying unallowable uses of federal funds if applicable 9.2. Subcontract Monitoring 9.2.1. Contracts The Contractor shall obtain prior approval before entering into any subcontracting arrangement. In addition, the Contractor shall submit to the DBHR Contract Manager identified on page one(1) of this Contract at least one of the following for review within 30 business days of the intended start date of the subcontract: i. Copy of the proposed subcontract; or Page 19 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 ii. Copy of the Contractor's standard contract template; or iii. Certify in writing that the subcontractor meets all requirements under the Contract and that the subcontract contains all required language under the Contract, including any data security, confidentiality and/or Business Associate language, as appropriate. 9.2.2. On-Site Monitoring The Contractor shall: i. Conduct a subcontractor review which shall include at least one(1) on-site visit, annually, to each subcontractor site providing services to monitor fiscal and programmatic compliance with subcontract performance criteria for the purpose of documenting that the subcontractors are fulfilling the requirements of the subcontract unless otherwise specified. . ii. Submit written documentation of each on-site visit upon completion to Contract Manager or designee.A copy of the full report shall be kept on file by the Contractor. 9.2.3. Minerva Monitoring The Contractor shall ensure that subcontractors have entered services funded under this Contract in Minerva. i. Ensure accurate and unduplicated reporting. Contractor may not require subcontractor to enter duplicate prevention service data that is entered into Minerva into an additional system. ii. Ensure proper training of staff and designated back-up staff for Minerva data entry to meet report due dates. 9.2.4. Additional Monitoring Activities The Contractor shall maintain records of additional monitoring activities in the Contractor's subcontractor file and make them available to HCA upon request including any audit and any independent documentation. 9.2.5. Subcontractor Termination Requirements When terminating a subcontract, the Contractor shall withhold the final payment of any subcontract until all required Minerva reporting is complete. This also applies to all subcontractor closures. 10. Remedial Action 10.1. Causes HCA may initiate remedial action if HCA determines any of the following situations exists: i. A problem exists that negatively impacts individuals receiving services under this Contract; ii. The Contractor has failed to perform any of the requirements or services required under this Contract; iii. The Contractor has failed to develop, produce, and/or deliver to HCA any of the statements, reports, data, data corrections, accountings, claims, and/or documentation required under this Contracts; iv. The Contractor has failed to perform any administrative functions required under this Contract, where administrative function is defined as any obligation other than the actual provision of Page 20 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230AUKE629 mental health services; V. The Contractor has failed to implement corrective action required by the state and within HCA prescribed timeframes. 11. Third-Party Beneficiaries Although HCA and Contractor mutually recognize that services under this Contract may be provided by the Contractor to individuals receiving services under the Medicaid program, and chapters 71.05, 71.24, and 71.34 RCW, it is not the intention of either HCA or the Contractor that such individuals, or any other persons, occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 12. Disputes 12.1. Requesting a Dispute Requests must be sent by certified mail of other method providing a signed receipt to the following address: Office of Contracts and Procurements Health Care Authority PO Box 42702 Olympia,Washington 98504-2702 Requests must be received by Contract Services no later than twenty-eight(28) calendar days after this Contract expiration or termination. Requests must identify in writing the spokesperson for the Contractor, if other than the Contractor's signatory. 12.2. Content of the dispute request: The party requesting a dispute resolution shall submit a statement that: i. Identifies the issue(s) in dispute ii. Identifies the relative positions of the parties iii. Requests resolution through the current HCA process 12.3. Action on the request: HCA shall notify the non-requesting party that the request has been made, notify both parties of the dispute resolution process to be followed, and manage the process to its conclusion. The Contractor shall provide pertinent information as requested by the person assigned to resolve the dispute. Contractor and HCA agree that,the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute Insurance. 13. Insurance The Contractor shall at all times comply with the following insurance requirements. 13.1. General Liability Insurance The Contractor certifies by signing this Contract that either: Page 21 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 i. The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ii. The Contractor maintains the types and amounts of insurance identified below and shall, if requested by HCA, provide certificates of insurance to that effect to the HCA Contract Manager: a. The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence-$1,000,000; General Aggregate-$2,000,000.The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, Health Care Authority(HCA), and elected and appointed officials, and employees of the state, shall be named as additional insureds. b. Professional Liability(PL) Insurance. The Contractor shall maintain PL Insurance or Errors &Omissions, with the following minimum limits: Each Occurrence- $1,000,000;Aggregate-$2,000,000. 13.2. Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and regulations. The State of Washington and HCA shall not be held responsible for claims filed for Worker's Compensation under Title 51 RCW by the Contractor or its employees under such laws and regulations. 13.3. Employees and Volunteers Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver's licenses. 13.4. Subcontractors The Contractor shall ensure that all subcontractors have and maintain insurance with the same types and limits of coverage as required of the Contractor under this Contract. 13.5. Separation of Insureds All insurance policies shall include coverage for cross liability and contain a"Separation of Insureds" provision. 13.6. Insurers Unless Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable, the Contractor shall obtain insurance from insurance companies identified as an admitted insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better. Surplus Lines insurance companies will have a rating of A-, Class VII, or better. 13.7. Evidence of Coverage The Contractor, upon request by HCA staff, submits a copy of the Certificate of Insurance or other evidence of self-insurance or insurance through a risk pool, policy, and additional insured endorsement for each coverage required of the Contractor under this Contract. The Certificate of Page 22 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Insurance shall identify the Washington State Health Care Authority(HCA) as the Certificate Holder. A duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract, shall execute each Certificate of Insurance. The Contractor is not required to submit to the HCA copies of Certificates of Insurance for personal automobile insurance required of the Contractor's employees and volunteers under the Contract. The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as evidence that each subcontractor maintains insurance as required by the Contract. 13.8. Material Changes The insurer shall give HCA forty-five(45) business days advance written notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the insurer shall give HCA ten (10) business days advance written notice of cancellation. 13.9. General By requiring insurance, the State of Washington and HCA do not represent that the coverage and limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor's liability under the indemnities and reimbursements granted to the State and HCA in this Contract.All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. 14. Notices Whenever one party is required to give notice to the other party under this Contract, it shall be deemed given if mailed by United States Postal Service, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: i. In the case of notice to the Contractor, notice shall be sent to the point of contact identified on page one (1) of this Contract; ii. In the case of notice to HCA, notice shall be sent to: Office of Contracts and Procurements Washington State Health Care Authority P. O. Box 42702 Olympia,Washington 98504-2702 Taxes, Fees and Licenses. Contracts(c)-hca.wa.gov Said notice shall become effective on the date delivered as evidenced by the return receipt or the date returned to sender for non-delivery other than for insufficient postage. Either party may at any time change its address for notification purposes by mailing a notice in accordance with this Section, stating the change and setting forth the new address,which shall be effective on the tenth (101h) day following the effective date of such notice unless a later day is specified in the notice. 15. Taxes, Fees and Licenses 15.1. Taxes Where required by state statute or regulation, the Contractor shall pay for and maintain in current status and all taxes that are necessary for performance under this Contract. Unless otherwise indicated, HCA agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. The Contractor shall not charge federal excise taxes and the HCA agrees to furnish the Contractor with an exemption certificate where appropriate. Page 23 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61B5D4E5-E1DD-4257-8CAA-230AUKE629 In general, Contractors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to the Department of Revenue (DOR). In general, out-of-statb Contractors must collect and remit"use tax"to DOR if the activity carried on by the seller in the State of Washington is significantly associated with the Contractor's ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or representative: i. Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business; ii. Maintains an in-state inventory or stock of goods for sale; iii. Regularly solicits orders from purchasers located within the State of Washington via sales representatives entering the State of Washington; iv. Sends other staff into the State of Washington (e.g. product safety engineers, etc.)to interact with purchasers in an attempt to establish or maintain market(s); or V. Other factors identified in Chapter 458-20 WAC. 15.2. Fees/Licenses Contractor shall pay for and maintain in a current status, any license fees, assessments, permit changes, etc., which are necessary for contract performance. It is the Contractor's sole responsibility to monitor and determine any changes of the enactment of any subsequent regulations for said fees, assessments or charges and to immediately comply with said changes or regulations during the entire term of this Contract. 16. Access to Data In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 17. Amendment This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 18. Antitrust Assignment The Contractor hereby assigns to the State of Washington any and all of its claims for price fixing or overcharges which arise under the antitrust laws of the United States, or the antitrust laws of the State of Washington, relating to the goods, products or services obtained under this Contract. 19. Assignment Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 9: Subcontracting,without the prior written consent of HCA.Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to HCA that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff.Any attempted assignment, transfer or delegation in contravention of this Subsection of the Contract will be null and void. HCA may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty(30) calendar days to Contractor. Page 24 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 20. Assurances The Authority and the Contractor agree that all activity pursuant to this Contract will be in accordance with all applicable federal, state and local laws, rules, and regulations. 21. Attorney's Fees In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorneys'fees and costs. 22. Billing Limitations The HCA shall pay the Contractor only for authorized services provided in accordance with this Contract. The HCA shall not pay any claims for payment for services submitted more than twelve(12) months after the calendar month in which the services were performed. The authority within the special terms and conditions of this contract may reduce length of time following the provision of services in which the contractor may submit claims for payment. 23. Change in Status In the event of substantive change in the legal status, organization structure, or fiscal reporting responsibility of the Contractor,the Contractor agrees to notify the Office of Contracts and Procurement(OCP) of the change. The Contractor shall provide notice as soon as practicable, but no later than thirty(30) calendar days after such a change takes effect. 24. Compliance with Applicable Law At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 25. Conflict of Interest Notwithstanding any determination by the Executive Ethics Board or other tribunal, the HCA may, in its sole discretion, by written notice to the Contractor terminate this Contract if it is found after due notice and examination by the Agent that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or services under this Contract.- In the event this Contract is terminated as provided above, the HCA shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor. The rights and remedies of the HCA provided for in this Section shall not be exclusive and are in addition to any other rights and remedies provided by the law. The existence of facts upon which the Agent makes any determination under this Section shall be an issue and may be reviewed as provided in the"Disputes" Section of this Contract. 26. Conformance If any provision of this Contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. 27. Contractor Certification Regarding Ethics The Contractor certifies that the Contractor is now, and shall remain, in compliance under Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract. Page 25 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 28. Covenant Against Contingent Fees The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. The HCA shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 29. Debarment Certifications The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the HCA Contact designated on the cover page of this Contract if, during the term of this Contract, the Contractor becomes debarred. HCA may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term of this Contract. 30. Force Majeure If the Contractor is prevented from performing any of its obligations hereunder in whole or in part as a result of a major epidemic, act of God, war, terrorist acts, civil disturbance, court order, or any other cause beyond its control, such nonperformance shall not be grounds for termination for default. Immediately upon the occurrence of any such event, the Contractor shall commence to use its best efforts to provide, directly or indirectly, alternate and, to the extent practicable, comparable performance. Nothing in this Section shall be construed to prevent HCA from terminating this Contract for reasons other than for default during the period of event set forth above, or for default, if such default occurred prior to such event. 31. Fraud and Abuse Requirements The Contractor shall report in writing all verified cases of fraud and abuse, including fraud and abuse by the Contractor's employees and/or subcontractors, within five (5) business days, to the HCA Contact designated on page one of this Contract. The report shall include the following information: i. Subject(s) of complaint by name and either provider/subcontractor type or employee position; ii. Source of complaint by name and provider/subcontractor type or employee position; iii. Nature of compliant; iv. Estimate of the amount of funds involved; and V. Legal and administrative disposition of case. 32. Governing Law and Venue This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 33. Health and Safety Contractor shall perform any and all of its obligations under this Contract in a manner that does not compromise the health and safety of any HCA client with whom the Contractor has contact. 34. Hold Harmless and Indemnification Page 26 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 i. The Contractor shall be responsible for and shall indemnify, defend, and hold HCA harmless from all claims, loss, liability, damages, or fines arising out of or relating to: a. The Contractor's or any Subcontractor's performance or failure to perform this Contract, or b. The acts or omissions of the Contractor or any Subcontractor; H. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. iii. Nothing in this Section shall be construed as a modification or limitation on the Contractor's obligation to procure insurance in accordance with this Contract or the scope of said insurance. 35. Independent Contractor The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Authority. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Authority by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. All payments accrued on account of payroll taxes, unemployment contributions, and other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 36. Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, HCA may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. HCA may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by HCA under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 37. Inspection The Contractor shall, at no cost, provide HCA, or any of its officers, or to any other authorized agent or officer of the state of Washington or the federal government, and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and HCA client records, wherever located. These inspection rights are intended to allow HCA and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six(6)years following this Contract's termination or expiration. 38. Limitation of Authority Only the Agent or Agent's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver of any Section or condition of this Contract is not effective or binding unless made in writing and signed by the Agent or Agent's delegate. Page 27 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 39. Maintenance of Records The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six(6)years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 40. Pay Equity i. Contractor represents and warrants that, as required by Washington state law(Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i)the individuals work for Contractor, (ii)the performance of the job requires comparable skill, effort, and responsibility, and (iii)the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. ii. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or(v) a bona fide regional difference in compensation levels. iii. Bona fide job-related factor(s)"may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. iv. A"bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. V. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty(30) calendar days of HCA's request for such evidence, HCA may suspend or terminate this Contract. 41. Publicity The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and must not be so construed by Contractor in any advertising or other publicity materials. Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. Page 28 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 42. Records and Documents Review i. The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract.At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement[See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.202]. ii. The Contractor must retain such records for a period of six(6)years after the date of final payment under this Contract. iii. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 43. Registration with the State of Washington The Contractor shall be responsible for registering with Washington State agencies, including but not limited to, the Washington State Department of Revenue, the Washington Secretary of State's Corporations Division, and the Washington State Office of Financial Management, Division of Information Services' Statewide Vendors program. 44. Remedies Non-Exclusive The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 45. Rights in Data/Ownership HCA and Contractor agree that all data and work products (collectively"Work Product") produced pursuant to this Contract will be considered a work forhire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work for hire under applicable law, but was otherwise produced pursuant to this Contract, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of HCA. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Page 29 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 46. Severability If any term or condition of this Contract is held invalid by any court, the remainder of this Contract remains valid and in full force and effect. 47. Site Security While on HCA premises,.Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. HCA reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 48. Survivability The terms and conditions contained in this Contract which, by their sense and context, are intended to survive the expiration or termination of this particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 49. System Security Unless otherwise provided, the Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the Authority Network without prior written authorization from Authority's Security Administrator. Contractor-supplied computer equipment, including both hardware and software, must be reviewed by the Authority's Security Administrator prior to being connected to any Authority network connection and that it must have up-to-date anti-virus software and personal firewall software installed and activated on it. Unauthorized access to Authority networks and systems is a violation of Authority Policy 06-03 and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of this Contract and other penalties. 50. Termination for Convenience Except as otherwise provided in this Contract, the Agent, or designee, may, by giving thirty(30) calendar days written notice, beginning on the second day after the mailing, terminate this Contract in whole or in part when Page 30 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:81B5D4E5-E1DD-4257-8CAA-230A52B7E629 it is in the best interest of the Authority. If this Contract is so terminated, the Authority shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. 51. Termination for Default In the event the Authority determines the Contractor has failed to comply with the terms and conditions of this Contract,the Authority has the right to suspend or terminate this Contract. The Authority shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within ten (10) business days, this Contract may be terminated. The Authority reserves the right to suspend all or part of this Contract,withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the Authority to terminate this Contract. In the event of termination, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of'the competitive bidding, mailing, advertising, and staff time. The termination shall be deemed a"Termination for Convenience" if it is determined that the Contractor: i. Was not in default, or ii. Failure to perform was outside of his or her control,fault or negligence. 52. Termination Due to Change in Funding HCA's ability to make payments is contingent on funding availability. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Contract, HCA, at its sole discretion, and with fifteen (15) Calendar Days' notice, may elect to terminate the Contract, in whole or part, or to renegotiate the Contract subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options 53. Termination or Expiration Procedures The following terms and conditions apply upon Contract termination or expiration: i. The Authority, in addition to any other rights provided in this Contract, may require the Contractor to deliver to the Authority any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. ii. The Authority shall pay to the Contractor the agreed upon price, if separately stated, for completed work and service accepted by the Authority's program staff and the amount agreed upon by the Contractor and the Authority for: a. Completed work and services for which no separate price is stated; b. Partially completed work and services; G. Other property or services which are accepted by the Authority's program staff; and d. The protection and preservation of property unless the termination is for default, in which case the Agent or designee shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes" Section of the Contract. The Page 31 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 Authority may withhold from any amounts due the Contractor such sum as the Agent or designee determines to be necessary to protect the Authority against potential loss or liability. iii. The rights and remedies of the Authority provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. iv. After receipt of notice of termination, and except as otherwise directed by the Agent or designee, the Contractor shall: a. Stop work under this Contract on the date, and to the extent specified in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Contract that is not terminated; C. Assign to the Authority, in the manner, at the times, and to the extent directed by the Agent or designee, all the rights, title, and interest of the Contractor under the orders and subcontracts so terminated; in which case the Authority has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Agent or designee to the extent the Agent or designee may require, which approval or ratification shall be final for all the purposes of this Section; e. Transfer title to the Authority and deliver in the manner, at the times, and to the extent directed by the Agent or designee any property which, if this Contract has been completed, would have been required to be furnished to the Authority; f. Complete performance of such part of the work as shall not have been terminated by the Agent or designee; and g. Take such action as may be necessary, or as the Agent or designee may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Authority has or may acquire an interest. 53.1. Contract Closeout Upon termination or lapse of this Contract in whole or in part for any reason including completion of the project, the following provisions may apply: i. Upon written request by the Contractor, HCA may make or arrange for payments to the Contractor of allowable reimbursable costs not covered by previous payments. ii. Disposition of program assets (including the return and/or transfer of all unused materials, equipment, unspent cash advances, and program income balances)to include creating an inventory list of all property purchased or furnished by HCA for use by the Contractor during performance of this Contract. iii. The Contractor shall submit within thirty(30) calendar days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by HCA or its designee as requested; and iv. Closeout of funds will not occur unless all requirements of the Contract's associated state and federal funds are met and all outstanding issues with the Contractor have been resolved to the satisfaction of HCA. The Contractor's obligation to HCA shall not end until all closeout requirements are completed. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that Page 32 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 the Contractor has control of the Contract's associated state and federal funds, including program income. 54. Treatment of Property All property purchased or furnished by HCA for use by the Contractor during this Contract term shall remain with HCA or transferred by request of HCA. Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by HCA under this Contract shall pass to and vest in HCA upon termination or lapse or this Contract unless otherwise specified by HCA. The Contractor shall protect, maintain, and insure all HCA property in its possession against loss or damage and shall return HCA property to HCA upon Contract termination or expiration unless otherwise specified by HCA. 55. Waiver Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default.Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the HCA Contracts Administrator or designee has the authority to waive any term or condition of this Contract on behalf of HCA. 56. Order of Precedence i. The federal statute authorizing the grant program and any other federal statutes directly affecting performance of the award including the Federal Funding Accountability and Transparency Act(FFATA), as applicable) ii. Program regulations iii. National policy requirements iv. Administrative regulations, cost principles and audit requirements, i.e. agency implementation of the 2 Code of Federal Regulations (CFR) 200 V. Applicable state laws not in conflict with any applicable federal laws vi. This Contract Page 33 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 ATTACHMENT 1 -Statement of Work The Contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. Prevention programs and services include, but are not limited to: 1. Coordination of Prevention Services. The Contractor shall ensure: i. The provision of CPWI services in accordance with the CPWI Community Coalition Guide located on the Athena Forum website https://www.theathenaforum.orq/cpwi-community-coalition-guide which outlines the minimal standards to participate in the CPWI. Contractor shall plan to reach the ideal benchmarks related to the community coalition's efforts and staffing to include: a. Hire or identify a minimum of one part-time(0.5 FTE) staff member to serve as the qualified Community Coalition Coordinator upon contract execution. Full-time employment(1.0 FTE)for the Community Coalition Coordinator is allowable and strongly recommended in order to meet the scope of the project. I. Ensure Community Coalition Coordinator(s) meet required position qualifications and workstation requirements found in the CPWI Community Coalition Guide. II. Confirm an office space in the designated community for the Community Coalition Coordinator. III. Contractor shall submit a completed Community Coalition Coordinator Qualification Checklist to Contract Manager or designee for review. HCA shall review and respond within five(5) business days. b. Ensure Community Coalition Coordinators are Certified Prevention Professionals (CPP). I. Ensure currently certified Community Coalition Coordinator(s) maintain CPP credential status, and II. Ensure Certified Prevention Professional (CPP) certification within eighteen (18) months of new Community Coalition Coordinator start date. III. HCA reserves the right to require Contractor to develop a Community Coalition Coordinator training plan if candidate does not meet required qualifications. ii. Contractor contact on page one of this Contract and primary fiscal staff or their designee(s) shall attend an annual contractor training or meeting that will be scheduled for four(4) hours in duration. Date and location will be announced by DBHR at least thirty(30) business days prior to the training. iii. Contractor shall ensure that a regular annual schedule of direct prevention services for public dissemination is established. a. Regular annual schedule shall take into account items including, but not limited to: implementation times that maximize participation and service outcomes; local needs and gaps; leveraged resources; and, other locally identified factors that influence service delivery throughout the year. b. Regular annual schedule and community dissemination plan shall be identified as part of the CPWI Action Plan and Budget Update and submitted to Contract Manager or designee for HCA review annually in accordance with the timeline in the CPWI Community Coalition Guide. I. Submit an annual Action Plan and Budget with projected expenditures, including salary and benefits for HCA funded prevention staff, program costs, training and travel to the Page 34 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 Contract Manager or designee, according to the CPWI Community Coalition Guide or within thirty(30) business days upon request.A template will be provided at least thirty (30) business days prior to due date, unless otherwise specified. For Cohorts 1 —4 an updated Action Plan and Budget is due by June 15, 2020 and June 15, 2021. For Cohort 5 and 6, an updated Action Plan and Budget are due August 1, 2020 and August 15, 2021, 2022, and 2023 unless otherwise specified. II. Budget adjustments that are ten percent(10%) or more of the total of the approved Contractor and/or CPWI coalition budget shall submit a budget revision for approval to Contract Manager or designee at least fifteen (15) business days prior to expending adjusted budget items.Approval must be granted prior to expending funds. III. Enter approved programs, based on the priorities, goals and objectives described in the approved Strategic Plan, into the Minerva within thirty(30) business days of Action Plan approval or as directed by PSM. IV. Ensure sixty percent(60%) of programs supported by HCA funds will be replications or approved adaptations of"Evidence-based Practice"substance abuse prevention programs as identified in the list provided by DBHR. Ensure that all of the programs supported by HCA meet the Center for Substance Abuse Prevention's (CSAP) Principles of Substance Abuse Prevention,found on the Athena Forum Website: www.TheAthenaForum.orq/CSAPprinciples. 1. For cohorts who receive DMA funds, and for cohorts 5 and 6, use the associated EBP list at https://www.theathenaforum.org/cpwi-cohort-6-program-and- strategies-guidance for further directives on supported programs by fund source. 2. For cohorts 5 and 6, coalitions are also required to implement the Starts with One opioid prevention campaign and participate in the National Drug Take Back Days in October and April, according to the Drug Enforcement Agency(DEA) guidelines, recommendations, and regulations. https://www.deadiversion.usdoi.gov/drug disposal/takeback/poc.htm. V. Food costs are generally unallowable during program implementation except within the following parameters: 1. Light refreshment costs for training events and meetings lasting longer than two (2) hours in duration are allowable. 2. Ensure that light refreshment costs do not exceed $3.00 per person. 3. Meals may be provided for participants using SABG and DMA funds only if: a. The training is four(4) hours or more in duration; or b. The program is a recurring, direct service in the family domain, lasting two(2) hours or more in duration and must be approved in the strategic plan. 4. Meals are not allowable costs with either the PFS or SOR funds. 5. Contractor shall adhere to current state per-diem rates for meals accessible at www.ofm.wa.gov/policv/l 0.90.htm. 6. No more than a total of$1,000 may be spent on food or light refreshments per CPWI Coalition per year. Page 35 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 VI. Dedicated Marijuana Account Funds (DMA) shall be used for program and strategy training and implementation. 1. All programs planned and implemented with DMA shall be programs selected from the current DBHR provided youth marijuana use prevention and reduction program list located at https://www.theathenaforum.org/EBP. a. No less than eighty-five percent(85%) of DMA funds shall be expended on evidence-based or research-based programs on the identified program list. i. At the end of each SFY, Contractor must ensure this requirement is met. b. Up to fifteen percent(15%) of DMA funds may expended on Promising programs on the identified program list. i. At the end of each SFY, Contractor must ensure this requirement is met. VII. Contractor is encouraged to collaborate and partner with community-based organizations that operate within or serve the CPWI community. VIII. If funding permits the Contractor to provide Community Based Coordination services in addition to meeting CPWI requirements, (i.e., Counties with communities that each have at least$130,000 per community of DBHR funding budgeted for CPWI implementation, annually) services may be provided at the County or regional level. Services shall reflect work of the Contractor staff coordinating, organizing, building.capacity, and providing education and information related to prevention initiatives at the County level with a goal to expand CPWI communities. 1. If applicable to Contractor, develop plan for services listed above and submit to Contract Manager or designee for review and approval within sixty(60) business days of expected implementation. 2. Prevention Training i. The Contractor shall participate in all required training events identified by HCA and listed in the CPWI Community Coalition Guide. ii. Non-Required Training in CPWI a. In the absence of trainings identified in the approved strategic plan, all additional (non- required)training paid for by HCA shall be approved by Contract Manager or designee prior to training and meet the approved goals and objectives in approved Strategic Plan. b. The Contractor shall ensure any requests for training in addition to the approved training in the Strategic plan are requested in writing and sent directly to the Contract Manager or designee, a minimum of ten (10) business days before the date of the proposed training. Trainings shall relate to one(1) of the following four(4) categories: I. Coalition building and community organization. II. Capacity building regarding prevention theory and practice. Page 36 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A5267E629 III. Capacity building for Evidence-based Practice and environmental strategy implementation, related to the goals and objectives of the coalition's approved strategic plan. IV. Capacity building in non-CPWI communities to expand CPWI efforts and meets overall goals and objectives of CPWI may be approved by Contract Manager or designee upon request. c. The Contractor shall ensure training paid for by HCA that requires travel follows state travel reimbursement guidelines and rates accessible at www.ofm.wa.gov/policy/10.90.htm. d. The Contractor shall bill for training events on an A-19 per billing code according to the Program/Fiscal Requirements and record training events in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting Systems or Minerva in accordance with the monthly reporting requirements described in Section 3 c., Prevention Report Schedule/Due Dates. 3. Media Materials i. HCA must be cited as the funding source in news releases, publications, and advertising messages created with or about HCA funding. The funding source shall be cited as: Washington State Health Care Authority. The HCA logo may also be used in place of the above citation. ii. Media materials and publications developed with HCA funds, including messaging specifically directed to youth, shall be submitted to the Contract Manager or designee for approval prior to publication (HCA will respond within five(5) business days). a. Exceptions: The Contractor does not need to submit the following items to Contract Manager or designee: i. Newsletters and fact sheets. ii. News coverage resulting from interviews with reporters. This includes online news coverage. iii. Newspaper editorials or letters to the editor. iv. Posts on Facebook, YouTube, Tumblr, Twitter, Instagram, Snapchat and other social media sites. v. When a statewide media message is developed by HCA, is localized, and if the only change is the local coalition information and funding source acknowledgment from coalition or public health entities. vi. When a national prevention media campaign is developed by SAMHSA, is localized, and if the only change is the local coalition information and funding source acknowledgement from coalition or public health entities. 4. Secure Prescription Take-Back and Lock Box project. Contractors who implement a Secure Prescription Take-Back and/or Lock Box project must ensure the following additional requirements: i. The Secure Prescription Take-Back and/or Lock Box project must align with the community needs assessment and will increase local capacity to address prescription drug misuse and abuse by reducing social availability of prescriptions in the community. Page 37 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 ii. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the Secure Prescription Take-Back and/or Lock Box project as set forth below: a. Enhance community capacity to practice safe disposal of medications by promoting permanent secure drop box in the location where community readiness has been established. (Installation and disposal must follow all DEA rules and all federal and state laws and regulations). b. Collaborate with community partners to maintain and/or enhance policies and procedures necessary to maintain a permanent secure medicine take-back drop box. c. Overtime wages for law enforcement officers and staff as outlined in strategic plan and outside of normal duties and other real costs (including mileage reimbursement) associated with transporting and properly disposing of collected medicines at EPA approved locations may be permitted depending upon source of funds and must be approved by the Contract Manager in advance. d. Create, utilize and disseminate public education information materials to increase awareness of the secure medicine take-back project, local treatment resources, naloxone information and medical response (Good Samaritan law) cards. e. Disseminate public information including information on local treatment resources, naloxone information and medical response cards and posters. (Print ready materials are available online at www.stopoverdose.orq). f. Utilize publications already available through HCA/DBHR and other websites. (i.e., SAMHSA Opioid Overdose Toolkit, and downloadable/printable materials on www.stopoverdose.org and www.takebackyourmeds.org. g. Submit locally-developed educational and informational materials to HCA/DBHR for approval at least ten (10) business days prior to publication. h. Prior to purchasing home medication lock boxes or bags the Contractor will submit to HCA/DBHR in writing a plan for the purchase and distribution of home medication storage device including the cost and source of the home storage devices, the number of devices to be purchased, a clear plan for distribution, and method for tracking the use of the devices. The Contractor must also demonstrate how the distributed home medication devices will be altered (by engraving, indelible ink, or other means)to have no cash value. i. Contractor is required to maintain records of pre and post surveys for lock box distribution and record in Minerva upon request from HCA/DBHR. 5. Reporting Requirements. i. Prevention Reporting Requirements The Contractor shall report on all requirements as identified in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System or Minerva. HCA reserves the right to add reporting requirements based on requirements of grants. ii. Prevention Activity Data Reports The Contractor shall: a. Ensure that monthly prevention activities are reported in the HCA Minerva in accordance with the requirements and timelines set forth. Page 38 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:81B5D4E5-E1DD-4257-8CAA-230A52B7E629 b. Ensure accurate and unduplicated reporting. c. Ensure proper training of staff and designated staff for back-up Minerva data entry to meet report due dates. d. If special circumstances arise and Contractor is unable to enter the data by the reporting deadline(s), the Contractor shall ensure any requests for extensions to reporting deadlines are requested in writing and sent directly to the PSM via email five(5) business days before the report due date. e. The maximum extension request permitted is ten (10) business days. f. Monthly invoices submitted with active data entry extensions will be denied and may be re- submitted by Contractor once data for the month(s) in question is complete. g. Contractors with three(3) or more consecutive months of data entry extensions or late . reporting or four(4) or more program data entry extensions or late reporting within a six(6) month period shall be required to submit a Corrective Action Plan to HCA. I. Extensions granted due to Minerva technical issues will be excluded from this count. h. Ensure all required demographic information is provided for individual participant; population reach; aggregate; environmental and mentoring or 1-to-1 services in Minerva. i. Report Community Coalition Coordination Staff Hours in Minerva for each month of the calendar year. j. Complete prevention reporting, according to the Schedule/Due Dates below: Reporting Period Report(s) Report Due Dates Reporting System Enter programs listed on Within 30 business Annually approved Strategic Action Plan days of Strategic Minerva by HCA into Minerva. Action Plan approval As requested GPRA Measures. As requested Minerva Prevention activity data input for all active services including Monthly community coalition coordination 151h of each month for staff hours and efforts, services, activities from the Minerva participant information,training, previous month evaluation tools and assessments. Quarterly CPWI Quarterly Reporting. October 15, January Minerva 15, April 15, July 15 As requested As required by SAMHSA. As requested Minerva or as required iii. Outcome Measures a. The Contractor shall report on all required evaluation tools identified in Minerva that measure primary program objective. Page 39 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 I. Pre/Post test are required for all recurring direct service programs. II. The Coalition Assessment Tool is required to be completed by coalition members. III. Specific surveys for Information Dissemination or Environmental strategies/programs based on specific program to be determined and approved in Action Plan. b. Special situations and exceptions regarding evaluation tools identified in the Minerva include, but are not limited to, the following: I. The Contractor may negotiate with the Contract Manager or designee to reduce multiple administrations of surveys to individual participants. II. Participants in recurring program groups in which the majority of participants are younger than ten (10) years old on the date of that group's first service. iv. Performance Work Statement/Evaluation. a. The Contractor shall ensure program results show positive outcomes for at least half of the participants in each program group as determined by Activity Log with individual participant sessions. I. "Positive outcomes" means that at least half of the participants in a group report positive improvement or maintenance as determined by the program measurable objective between pre and post-tests. II. Positive outcomes will be determined using the pre-test and post-test data reported in Minerva. III. Evaluation of Minerva data will occur on the 15th of the month following the final date of service for each group. b. HCA shall use the following protocol for evaluation: I. Matched pre-test and post-test pairs will be used in the analysis. II. To allow for normal attendance drop-off, a 20% leeway will be given for missing post- tests. III. If there are missing post-tests for entered pre-tests in excess of 20% of pre-tests, missing post-test will be counted as a negative outcome. Example: there are ten (10) pre-tests and seven (7) post-tests. The denominator would be eight (8) and the maximum numerator would be seven (7). c. Different groups, as determined by Activity Logs, receiving the same program will be clustered by school district. I. In cases where multiple providers are serving the same school district, groups will be clustered by school district and provider. II. The results of one (1) provider in a given school district will not impact another provider in the same district. 1. In cases where the survey instrument selected for a given program includes more than one scale, the scale that is most closely aligned with the measurable objective linked to the program in Minerva will be used. Page 40 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 2. Results for groups,.as determined by Activity Logs, with services that span two(2) contracting periods will be analyzed in the contracting period that the post-test was administered. III. If fewer than half of the participants in a group, as determined by Activity Log,within a given school district, report positive change in the intended outcome: 1. The Contractor shall submit a Performance Improvement Plan (PIP)for the non-compliant program to the Contract Manager or designee or designee within forty-five(45) calendar days of notice by HCA. 2. Reimbursement for the CSAP Category row on the A-19 for that program will be held until the PIP is approved by the Contractor Manager or designee or their designee. 3. If a second group, as determined by Activity Log, within that same school district has fewer than half of the participants report positive change in the intended outcome, then the following steps will be taken: a. In cases where there is no active non-compliant program, the Contractor shall discontinue implementation of that program within the specified geography. b. In cases where the same programs as the non-compliant program are active and continuing in the same school district, those groups, as determined by Activity Logs,will be allowed to complete the expected number of sessions. No new groups, as determined by Activity Logs,will be started. c. Following the conclusion of all groups, as determined by Activity Logs, completing the program, results will be reviewed for those groups. d. If the results do not show positive change for each groups, as determined by Activity Logs,the Contractor shall take the following action: i. In cases where the program is being delivered by a single provider in the specified geography, the Contractor shall discontinue implementation of that program in the specified geography. ii. In cases where the program is being delivered by multiple providers in the specified geography, the Contractor shall discontinue implementation of that program by the underperforming provider in the specified geography. IV. A program that resulted in the need for a Performance Improvement Plan and Plan during this contract period will not carry that record forward into the July 1, 2021 - June 30, 2023 contract period. Implement and monitor prevention programs and reporting to assure compliance with these guidelines. Page 41 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 6. Requirements i. Background Checks. a. The Contactor shall ensure a criminal background check is conducted for all staff members, case managers,outreach staff members, etc. or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental disabilities. b. When providing services to youth, the Contractor shall ensure that requirements of WAC 388- 06-0170 are met. ii. Services and Activities to Racial/Ethnic Minorities and Diverse Populations. The Contractor shall: a. Ensure all services and activities provided by the Contractor or subcontractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all diverse populations. b. Initiate actions to ensure or improve access, retention, and cultural relevance of prevention or other appropriate services, for racial/ethnic minorities and other diverse populations in need of prevention services as identified in their needs assessment. c. Take the initiative to strengthen working relationships with other agencies serving these populations. The Contractor shall require its subcontractors to adhere to these requirements. iii. Continuing Education. Ensure that continuing education is provided for employees of any entity providing prevention activities in accordance with42 USC 300x-28(b) and 45 CFR 96.132(b). iv. Single Source Funding. a. The Contractor shall ensure all subcontractors that Single Source Funding means that a subcontractor can use only one source of funds at any given time. b. Each cost reimbursement Prevention service provided must be billed only one(1)time through the source selected for funding this expense.At no time may the same expense be billed through more than one(1)funding source. Page 42 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 ATTACHMENT 2 - Confidential Information Security Requirements 1. Definitions In addition to the definitions set out in Section 2: Definitions of this Contract K3929,Amendment 2 for CPWI Prevention Services, the definitions below apply to this Attachment. i. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. a. Passwords for external authentication must be a minimum of 10 characters long. b. Passwords for internal authentication must be a minimum of 8 characters long. c. Passwords used for system service or service accounts must be a minimum of 20 characters long. ii. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). iii. "Portable/Removable Devices"means any small computing device that can be transported, including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's,flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. iv. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet)within a room, as long as access to the Confidential information is not available to unauthorized personnel. V. "Transmitting" means the transferring of data electronically, such as via email, SFTP, web services, AWS Snowball, etc. vi. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service("USPS")first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the Washington State Campus mail system. For electronic transmission,the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. vii. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting i. When transmitting HCA's Confidential Information electronically, including via email,the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. Page 43 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 ii. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: i. Data at Rest: a. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data.Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. b. Data stored on Portable/Removable Media or Devices: 1. Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. 2. HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Data Share Agreement. If so authorized, the Receiving Party must protect the Data by: i. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; ii. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; iii. Keeping devices in locked storage when not in use; iv. Using check-in/check-out procedures when devices are shared; V. Maintain an inventory of devices; and vi. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. ii: Paper documents.Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe,to which only authorized persons have access. 4. Confidential Information Segregation HCA Confidential Information received under this Contract must be segregated or otherwise distinguishable from non-HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. Page 44 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 The HCA Confidential Information must be kept in one of the following ways: a. on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or b. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or c. in a database that will contain only HCA Data; or d. within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or e. when stored as physical paper documents, physically segregated from non-HCA Data in a drawer, folder, or other container. ii. When it is not feasible or practical to segregate HCA Confidential Information from non-HCA data, then both the HCA Confidential Information and the non-HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors If HCA Confidential Information provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.htmi). i. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 4: Confidential Information Segregation, above. Destruction of the Confidential Information as.outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. Page 45 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-23QA52B7E629 ATTACHMENT 3 -BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT is made between Mason County Public Health (Business Associate) and the Washington State Health Care Authority(HCA). This agreement does not expire or automatically terminate except as stated in Section 5. This Agreement relates to K3929, Amendment 2 between the Business Associate and HCA unless otherwise agreed. Business Associate is or may be a"Business Associate" of HCA as defined in the HIPAA Rules. If there is a conflict between the provisions of this Agreement and provisions of other contracts, this Agreement controls; otherwise, the provisions in this Agreement do not replace any provisions of any other contracts. If the other Contract is terminated, this Agreement nonetheless continues in effect. This Business Associate Agreement supersedes any existing Business Associate Agreement the Business Associate may have with HCA. It also supersedes any"business associate" section in an underlying Contract. 1. DEFINITIONS Access attempts -Information systems are the frequent target of probes, scans, "pings," and other activities that may or may not indicate threats, whose sources may be difficult or impossible to identify, and whose motives are unknown, and which do not result in access or risk to any information system or PHI. Those activities are"access attempts." Day-means business days observed by Washington State government unless otherwise specified. Catch-all definitions -The following terms used in this Agreement have the same meaning as those terms in the HIPAA Rules: Breach, Business Associate, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Secretary, Security Incident, Unsecured Protected Health Information (PHI), and Use. Clients or Individuals -"Clients" or"individuals" are people who have health or other coverage or benefits from or through HCA. They include Medicaid clients, Public Employees Benefits Board subscribers and enrollees, and others. Contract or Underlying Contract-"Contract" or"underlying contract" means all agreements between Business Associate and HCA under which Business Associate is a"business associate" as defined in the Security or Privacy Rules. The terms apply whether there is one such agreement or more than one, and if there is more than one the terms include them all even though a singular form is used except as otherwise specified. The terms include agreements now in effect and agreements that become effective after the effective date of this Agreement. Effective Date-"Effective Date" means the date of the signature with the latest date affixed to the Agreement. HIPAA Rules; Security, Breach Notification, and Privacy Rules -"HIPAA Rules"means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, as now in effect and as modified from time to time. In part 164 of title 45 CFR, the"Security Rule" is subpart C (beginning with §164.302), the"Breach Notification Rule" is subpart D (beginning with § 164.400), and the"Privacy Rule" is subpart E (beginning with § 164.500). Page 46 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Protected Health Information or PHI -"Protected Health Information" has the same meaning as in the HIPAA Rules except that in this Agreement the term includes only information created by Business Associate or any of its contractors, or received from or on behalf of HCA, and relating to Clients. "PHI" means Protected Health Information. 2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE I. Limits Business Associate will not use or disclose PHI other than as permitted or required by the Contract or this Agreement or as required by law. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI on behalf of, or as necessary for purposes of the underlying contract, if such use or disclosure of PHI would not violate the Privacy Rule if done by a Covered Entity and is the minimum necessary. ii. Safeguards Business Associate will use appropriate safeguards, and will comply with the Security Rule with respect to electronic PHI,to prevent use or disclosure of PHI other than as provided for by the Contract or this Agreement. Business Associate will store and transfer PHI in encrypted form. iii. Reporting Security Incidents Business Associate will report security incidents that materially interfere with an information system used in connection with PHI. Business Associate will report those security incidents to HCA within five (5) days of their discovery by Business Associate. If such an incident is also a Breach or may be a Breach, subsection 3 applies instead of this provision. Access Attempts shall be recorded in Business Associate's system logs.Access Attempts are not categorically considered unauthorized Use or Disclosure, but Access Attempts do fall under the definition of Security Incident and Business Associate is required to report them to HCA. Since Business Associate's reporting and HCA's review of all records of Access Attempts would be materially burdensome to both parties without necessarily reducing risks to information systems or PHI, the parties agree that Business Associate will review logs and other records of Access Attempts,will investigate events where it is not clear whether or not an apparent Access Attempt was successful, and determine whether an Access Attempt: a. Was in fact a"successful" unauthorized Access to, or unauthorized Use, Disclosure, modification, or destruction of PHI subject to this Agreement, or b. Resulted in material interference with Business Associate's information system used with respect to PHI subject to this Agreement, or c. Caused an unauthorized Use or Disclosure. Subject to Business Associate's performance as described herein. This provision shall serve as Business Associate's notice to HCA that Access Attempts will occur and are anticipated to continue occurring with respect to Business Associate's information systems. HCA acknowledges this notification, and Business Associate is not required to provide further notification of Access Attempts unless they are successful as Page 47 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 described in this Section 2 in which case Business Associate will report them in accordance with this Section 2. 3. BREACH NOTIFICATION "Breach" is defined in the Breach Notification Rule. The time when a Breach is considered to have been discovered is explained in that Rule. HCA, or its designee, is responsible for determining whether an unauthorized Use or Disclosure constitutes a Breach under the Breach Notification Rule, RCW 42.56.590 or RCW 19.255.010, or other law or rule, and for any notification under the Breach Notification Rule, RCW 42.56.590 or RCW 19.255.010, or other law or rule. Business Associate will notify HCA of any unauthorized use or disclosure and any other possible Breach within five(5) business days of discovery. If Business Associate does not have full details at that time, it will report what information it has, and provide full details within fifteen business (15) days after discovery. The initial report may be oral. Business Associate will give a written report to HCA, however, as soon as possible. To the extent possible, these reports must include the following: i. The identification of each individual whose PHI has been or may have been accessed, acquired, or disclosed; ii. The nature of the unauthorized Use or Disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery; iii. A description of the types of PHI involved; iv. The investigative and remedial actions the Business Associate or its subcontractor took or will take to prevent and mitigate harmful effects, and protect against recurrence; V. Any details necessary for a determination of the potential harm to Individuals whose PHI is believed to have been Used or Disclosed and the steps such Individuals should take to protect themselves; and vi. Such other information as HCA may reasonably request. If Business Associate determines that it has or may have an independent notification obligation under any state breach notification laws, Business Associate will promptly notify HCA. In any event, Business Associate will notify HCA of its intent to give any notification under a state breach notification law no fewer than ten (10) business days before giving such notification. If Business Associate or any subcontractor or agent of Business Associate actually makes or causes, or fails to prevent, a use or disclosure constituting a Breach within the meaning of the Breach Notification Rule, and if notification of that use or disclosure must(in the judgment of HCA) be made under the Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then: i. HCA may choose to make any notifications to the individuals,to the Secretary, and to the media, or direct Business Associate to make them or any of them. ii. In any case, Business Associate will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect clients (such as paying for regular credit watches in some cases), and Page 48 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 iii. Business Associate will compensate HCA clients for harms caused to them by the Breach or possible Breach described above. Business Associate's obligations regarding breach notification survive the termination of this Agreement and continue for as long as Business Associate maintains the PHI and for any breach or possible breach at any time. 4. Subcontractors Business Associate will ensure that any subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to protective restrictions, conditions, and requirements at least as strict as those that apply to the Business Associate with respect to that information. Upon request by HCA, Business Associate will identify to HCA all its subcontractors and provide copies of its agreements (including business associate agreements or contracts)with them. The fact that Business Associate subcontracted or otherwise delegated any responsibility to a subcontractor or anyone else does not relieve Business Associate of its responsibilities. 5. Access Business Associate will make available PHI in a designated record set to the HCA as necessary to satisfy HCA's obligations under 45 CFR§ 164.524. Business Associate will give the information to HCA within five (5) business days of the request from the individual or HCA, whichever is earlier. If HCA requests, Business Associate will make that information available directly to the individual. If Business Associate receives a request for access directly from the individual, Business Associate will inform HCA of the request within three(3) business days, and if requested by HCA it will provide the access in accordance with the HIPAA Rules. 6. Amending PHI Business Associate will make any amendments to PHI in a designated record set as directed or agreed to by the HCA pursuant to 45 CFR§ 164.526, or take other measures requested by HCA to satisfy HCA's obligations under that provision. If Business Associate receives a request for amendment directly from an individual, Business Associate will both acknowledge it and inform HCA within three(3) business days, and if HCA so requests act on it within ten (10) business days and inform HCA of its actions. 7. Accounting Business Associate will maintain and make available to HCA the information required to provide an accounting of disclosures as necessary to satisfy HCA's obligations under 45 CFR§ 164.528. If Business Associate receives an individual's request for an accounting, it will either provide the accounting as required by the Privacy Rule or, at its option, pass the request on to HCA within ten (10) business days after receiving it. 8. Obligations To the extent the Business Associate is to carry out one or more of HCA's obligations under the Privacy Rule, it will comply with the requirements of that rule that apply to HCA in the performance of such obligations. Page 49 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230AUKE629 9. Books, etc. Business Associate will make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. 10. Mitigation Business Associate will mitigate, to the extent practicable, any harmful effect of a use or disclosure of PHI by Business Associate or any of its agents or subcontractors in violation of the requirements of any of the HIPAA Rules, this Agreement, or the Contract. 11. Indemnification To the fullest extent permitted by law, Business Associate will indemnify, defend, and hold harmless the State of Washington, HCA, and all officials, agents and employees of the State from and against all claims of any kind arising out of or resulting from the performance of this Agreement, including Breach or violation of HIPAA Rules. 12. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE i. Limited use and disclosure Except as provided in this Section 3, Business Associate may use or disclose PHI only as necessary to perform the services set forth in the Contract. ii. General limitation Business Associate will not use or disclose PHI in a manner that would violate the Privacy Rule if done by HCA. ill. Required by law Business Associate may use or disclose PHI as required by law. iv. De-identifying Business Associate may de-identified PHI in accordance with 45 CFR§ 164.514(a)-(c). V. Minimum necessary Business Associate will make uses and disclosures of only the minimum necessary PHI, and will request only the minimum necessary PHI. 13. DISCLOSURE FOR MANAGEMENT AND ADMINISTRATION OF BUSINESS ASSOCIATE Subject to subsection 3.6.2, Business Associate may disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate. The disclosures mentioned in subsection 3.6.1 above are permitted only if either: Page 50 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 a. The disclosures are required by law, or b. Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and that the person will notify Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. i.) Aggregation Business Associate may use PHI to provide data aggregation services relating to the health care operations of the HCA, if those services are part of the Contract. 14. ACTIVITIES OF HCA i. Notice of privacy practices HCA will provide a copy of its current notice of privacy practices under the Privacy Rule to Business Associate on request. HCA will also provide any revised versions of that notice by posting on its website, and will send it on request. ii. Changes in permissions HCA will notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI,to the extent that such changes may affect Business Associate's use or disclosure of PHI. iii. Restrictions HCA will notify Business Associate of any restriction on the use or disclosure of PHI that HCA has agreed to or is required to abide by under 45 CFR§ 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. Business Associate will comply with any such restriction. 15. TERM AND TERMINATION i. Term This Agreement is effective as of the earliest of: a. The first date on which Business Associate receives or creates PHI subject to this Agreement, or b. The effective date of the Contract, or if there is more than one Contract then the effective date of the first one to be signed by both parties. This Agreement continues in effect until the earlier of: a. Termination of the provision of Services under the Contract or, if there is more than one Contract, under the last of the Contracts under which services are terminated, Page 51 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 b. The termination of this Agreement as provided below, or c. The written agreement of the parties. ii. Termination for Cause HCA may terminate this Agreement and the Contract(or either of them), if HCA determines Business Associate has violated a material term of the Agreement. The termination will be effective as of the date stated in the notice of termination. iii. Obligations of Business Associate upon termination The obligations of the Business Associate under this subsection 5.3 survive the termination of the Agreement. Upon termination of this Agreement for any reason, Business Associate will: a. Retain only that PHI that is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; b. Return to HCA or, if agreed to by HCA, destroy the PHI that the Business Associate and any subcontractor of Business Associate still has in any form (for purposes of this subsection 5.3, to destroy PHI is to render it unusable, unreadable, or indecipherable to the extent necessary to establish it is not Unsecured PHI, and Business Associate will provide HCA with appropriate evidence of destruction within ten (10) business days of the destruction); c. Continue to use appropriate safeguards and comply with the Security Rule with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Agreement, for as long as Business Associate retains any of the PHI (for purposes of this subsection 5.3, If the PHI is destroyed it shall be rendered unusable, unreadable or indecipherable to the extent necessary to establish it is not Unsecured PHI. Business Associate will provide HCA with appropriate evidence of destruction); d. Not use or disclose any PHI retained by Business Associate other than for the purposes for which the PHI was retained and subject to the same conditions that applied before termination; e. Return to HCA, or, if agreed to by HCA, destroy, the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities; and f. Business Associate's obligations relating to providing information to the Secretary and other government survive the termination of this Agreement for any reason. iv. Successor Nothing in this Agreement limits the obligations of Business Associate under the Contract regarding giving data to HCA or to a successor Business Associate after termination of the Contract. Page 52 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 16. MISCELLANEOUS I. Amendment The Parties agree to take such action as is necessary to amend this Agreement from.time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. ii. Interpretation Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules. iii. HCA Contact for Reporting and Notification Requirements Business Associate will address all reporting and notification communications required in this Agreement to: HCA Privacy Officer Washington State Health Care Authority 626 8th Avenue SE PO Box 42704 Olympia, WA 98504-2700 Telephone: 360-725-2108 E-mail: PrivacyOfficer@hca.wa.gov Page 53 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 ATTACHMENT 4 - Data Use, Security and Confidentiality 1. Definitions In addition to the definitions set out in Section 2: Definitions, of the Contract, the definitions below apply to this Exhibit: "Authorized User" means an individual or individuals with an authorized business need to access HCA's Confidential Information under this Contract. "Client" means an individual who is eligible for or receiving services. "Data" means the information that is disclosed or exchanged as described by this Contract. For purposes of this Contract, Data means the same as"Confidential Information." "Disclosure" means the release,transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information. "Personal Information" means 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, address,telephone numbers, social security numbers, driver's license numbers, credit card numbers, any other identifying numbers, and any financial identifiers. "Regulation" means any federal, state, or local regulation, rule, or ordinance. "Use" includes the sharing, employment, application, utilization, examination, or analysis of Data. 2. Description of Data i. Contractors collect various data elements associated with prevention programming and service delivery. The Data will be provided by contractors on a monthly and a quarterly basis and entered into Minerva. ii. Data Use Purpose. (if more detail from purpose of overarching agreement is needed(i.e., more restrictions, etc.)The data is used by state and local providers for contract management, program monitoring and to evaluate outcomes. iii. Data elements associated with prevention programming including but not limited to: a. Program and service details such as: i. Name of program ii. Program length in time and date iii. Target service populations iv. Target age groups v. Location of activity in city, county, and zip code vi. Number of participants vii. Survey instruments used as well as fidelity plan viii. Indirect and direct hours contributed by program staff and community coalition coordinators ix. EBP status x. CSAP strategy and service code A. IOM category xii. Target substance and behavioral health problem iv. The Data may be linked with the following: contract management and cost analysis via PowerBI. Page 54 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 4—Data Use,Confidentiality and Security DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 3. Data Classification The State classifies data into categories based on the sensitivity of the data pursuant to the Security policy and standards promulgated by the Office of the state of Washington Chief Information Officer. (See Section 4, Data Security, of Securing IT Assets Standards No. 141.10 in the State Technology Manual at https:Hocio.wa..qov/policv/securing-information-technology-assets. Section 4 is hereby incorporated by reference.) The Data that is the subject of this Contract may be in any of the Categories indicated below: ❑ Category 1 —Public Information Public information is information that can be or currently is released to the public. It does not need protection from unauthorized disclosure, but does need integrity and availability protection controls. ❑ Category 2—Sensitive Information Sensitive information may not be specifically protected from disclosure by law and is for official use only. Sensitive information is generally not released to the public unless specifically requested. ® Category 3—Confidential Information Confidential information is information that is specifically protected from disclosure by law. It may include but is not limited to: • Personal Information about individuals, regardless of how that information is obtained; • Information concerning employee personnel records; • Information regarding IT infrastructure and security of computer and telecommunications systems; ❑ Category 4—Confidential Information Requiring Special Handling. Category 4 Data is information that is specifically protected from disclosure and for which: • Especially strict handling requirements are dictated, such as by statutes, regulations, or agreements; • Serious consequences could arise from unauthorized disclosure, such as threats to health and safety, or legal sanctions. 4. Constraints on Use of Data i. The Data being shared/accessed is owned and belongs to HCA. ii. This Contract does not constitute a release of the Data for the Contractor's discretionary use. Contractor must use the Data received or accessed under this Contract only to carryout the purpose of this Contract.Any analyses, use, or reporting that is not within the Purpose of this Contract is not permitted without HCA's prior written consent. iii. Any disclosure of Data contrary to this Contract is unauthorized and is subject to penalties identified in law. Page 55 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 4—Data Use,Confidentiality and Security DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 5. Security of Data i. Data Protection a. The Contractor must protect and maintain all Confidential Information gained by reason of this Contract, information that is defined as confidential under state or federal law or regulation, or Data that HCA has identified as confidential, against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: b. Allowing access only to staff that have an authorized business requirement to view the Confidential Information; and c. Physically securing any computer, documents, or other media containing the Confidential Information. ii. Data Security Standards Contractor must comply with the Data Security Requirements set out in Attachment 4, Confidential Information Security Requirements, and the Washington OCIO Security Standard, 141.10, which will include any successor, amended, or replacement regulation (https:Hocio.wa.gov/policy/securing-information-technology-assets.)The Security Standard 141.10 is hereby incorporated by reference into this Contract. iii. Data Disposition For the purposes of this section"fiscal year" is from July 1 to June 30. Upon request by HCA, at the end of the Contract term,when no longer needed, or 6 years after the end of the fiscal year in which the Data is received, Confidential Information/Data must be returned to HCA or disposed of as set out in Attachment 4, Confidential Information Security Requirements, except as required to be maintained for compliance or accounting purposes. 6. Data Confidentiality and Non-Disclosure i. Data Confidentiality and Non-Disclosure a. Data Confidentiality The Contractor will not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with the purpose of this Contract, except: • as provided by law; or • with the prior written consent of the person or personal representative of the person who is the subject of the Confidential Information. b. Penalties for Unauthorized Disclosure of Data The Contractor must ensure that all employees or Subcontractors who will have access to the Data described in this Contract(including both employees who will use the Data and IT support staff) are instructed and made aware of the use restrictions and protection requirements of this Contract before gaining access to the Data identified herein. The Contractor will also instruct and make any new employee aware of the use Page 56 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 4—Data Use,Confidentiality and Security DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 restrictions and protection requirements of this Contract before they gain access to the Data. State laws (including RCW 74.04.060 and RCW 70.02.020) and federal regulations (including HIPAA Privacy and Security Rules, 45 CFR Part 160 and Part 164; Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR, Part 2; and Safeguarding Information on Applicants and Beneficiaries, 42 CFR Part 431, Subpart F) prohibit unauthorized access, use, or disclosure of Confidential Information. The Contractor must comply with all applicable federal laws and regulations concerning collection, use, and disclosure of Personal Information and PHI. Violation of these laws may result in criminal or civil penalties or fines. The Contractor accepts full responsibility and liability for any noncompliance by itself, its employees, and its Subcontractors with these laws and any violations of the Contract. c. Data Shared with Subcontractors If Data access is to be provided to a Subcontractor under this Contract,the Contractor must include all of the Data security terms, conditions and requirements set forth in this Contract in any such Subcontract. However, no subcontract will terminate the Contractor's legal responsibility to HCA for any work performed under this Contract nor for oversight of any functions and/or responsibilities it delegates to any subcontractor ii. Data Breach Notification The Breach or potential compromise of Data must be reported to the HCA Privacy Officer at PrivacyOfficer cr.hca.wa.gov within two(2) business days of discovery. If the Contractor does not have full details, it will report what information it has, and provide full details within fifteen (15) business days of discovery. To the extent possible, these reports must include the following: a. The identification of each individual whose PHI has been or may have been improperly accessed, acquired, used, or disclosed; b. The nature of the unauthorized use or disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery; c. A description of the types of Data involved; d. The investigative and remedial actions the Contractor or its Subcontractor took or will take to prevent and mitigate harmful effects, and protect against recurrence; e. Any details necessary for a determination of the potential harm to individuals whose Data is believed to have been used or disclosed and the steps those individuals should take to protect themselves; and f. Any other information HCA reasonably requests. iii. The Contractor must take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or HCA including but not limited to 45 C.F.R. Part 164, Subpart D; RCW 42.56.590; RCW 19.255.010; or WAC 284-04-625. iv. If notification of the Breach or possible Breach must, in the judgement of HCA, be made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then: a. HCA may choose to make any required notifications to the individuals,to the U.S. Department of Health and Human Services (DHHS) Secretary, and to the media, or direct Contractor to make them or any of them. Page 57 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 4—Data Use,Confidentiality and Security DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 b. In any case, Contractor will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients, such as paying for regular credit watches in some cases. c. Contractor will compensate HCA clients for harms caused to them by any Breach or possible Breach. V. Any breach of this clause may result in termination of the Contractor and the demand for return or disposition, as described in Section 5.iii, of all Confidential Information. vi. Contractor's obligations regarding Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Confidential Information and for any Breach or possible Breach at any time. 7. Inspection HCA reserves the right to monitor, audit, or investigate compliance with this Contract in regards to the Personal Information and PHI of Enrollees collected, used, or acquired by Contractor during the term of this Contract and for six(6) years following termination or expiration of this Contract. HCA will have access to Contractor's records and place of business for this purpose. All HCA representatives conducting onsite audits of Contractor agree to keep confidential any patient-identifiable information which may be reviewed during the course of any site visit or audit. 8. Indemnification for Unauthorized Use or Release The Contractor must indemnify and hold HCA and its employees harmless from any damages related to the Contractor's or Subcontractor's unauthorized use or release of Personal Information or PHI of Enrollees. Page 58 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 4—Data Use,Confidentiality and Security DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-234AUKE629 ATTACHMENT 5— Federal Compliance, Certifications, and Assurances Definitions: "Sub-recipient".means the legal entity to which a sub-award is made and which is accountable to the State for the use of the funds provided in carrying out a portion of the State's programmatic effort under a sponsored project. The term may include institutions of higher education, for-profit corporations or non-U.S. Based entities. "Sub-award and Sub-grant" are used interchangeably and mean a lower tier award of financial support from a prime awardee(e.g.,Washington State Health Care Authority)to a Sub-recipient for the performance of a substantive portion of the program. These requirements do not apply to the procurement of goods and services for the benefit of the Washington State Health Care Authority. I. FEDERAL COMPLIANCE-The use of federal funds requires additional compliance and control mechanisms to be in place. The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. For clarification regarding any of these elements or details specific to the federal funds in this contract, contact: Fallon Baraga. a. Source of Funds SABG: This agreement is being funded partially or in full through Cooperative Agreement number B08T1083138-01, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance(CFDA) number 93.959 in the amount of$161,434. The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929,Amendment 2. b. Period of Availability of Funds SABG: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in B08T1083138-01 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. c. Source of Funds PFS 2013: This agreement is being funded partially or in full through Cooperative Agreement number 7U79SP023011, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal.funds to support this agreement are identified by the Catalog of Federal Domestic Assistance(CFDA) number 93.243 in the amount of$0.The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929,Amendment 2. d. Period of Availability of Funds PFS 2013: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in 7U79SP023011 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. e. Source of Funds PFS 2018: This agreement is being funded partially or in full through Cooperative Agreement number H79SP080980, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance (CFDA) number 93.243 in the amount of$135,543. The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929, Amendment 2. f. Period of Availability of Funds PFS 2018: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in H79SP080980 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than Page 59 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 90 days after the end of the funding period. g. Source of Funds SOR: This agreement is being funded partially or in full through Cooperative Agreement number H79TI081705, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance (CFDA) number 93.788 in the amount of$103,418.The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929,Amendment 2. h. Period of Availability of Funds SOR: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in SOR H79TIO81705 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. i. Source of Funds SOR II: This agreement is being funded partially or in full through Cooperative Agreement number H79T1083286, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance(CFDA) number 93.788 in the amount of$135,634. The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929,Amendment 2. j. Period of Availability of Funds SOR Ik Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in SOR II H79T1083286 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. k. Source of Funds STIR: This agreement is being funded partially or in full through Cooperative Agreement number T1026803, the full and complete terms and provisions of which are hereby incorporated into this Contract. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance(CFDA) number 93.788 in the amount of$0.The sub-awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract K3929,Amendment 2. I. Period of Availability of Funds STR: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in T1026803 unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period.All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. m. Single Audit Act:A sub-awardee (including private, for-profit hospitals and non-profit institutions) shall adhere to the federal Office of Management and Budget(OMB) Super Circular 2 CFR200.501 and 45 CFR 75.501.A sub-awardee who expends$750,000 or more in federal awards during a given fiscal year shall have a single or program-specific audit for that year in accordance with the provisions of OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501. n. Modifications:This agreement may not be modified or amended, nor may any term or provision be waived or discharged, including this particular Paragraph, except in writing, signed upon by both parties. 1. Examples of items requiring Health Care Authority prior written approval include, but are not limited to, the following: i. Deviations from the budget and Project plan. ii. Change in scope or objective of the agreement. Page 60 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52137E629 iii. Change in a key person specified in the agreement. iv. The absence for more than one (1)months or a 25% reduction in time by the Project Manager/Director. v. Need for additional funding. vi. Inclusion of costs that require prior approvals as outlined in the appropriate costprinciples. vii. Any changes in budget line item(s)of greater than twenty percent(20%) of the total budget in this agreement. 2. No changes are to be implemented by the Sub-awardee until a written notice of approval is received from the Health Care Authority. o. Sub-Contracting:The sub-awardee shall not enter into a sub-contract for any of the work performed under this agreement without obtaining the prior written approval of the Health Care Authority. If sub-contractors are approved by the Health Care Authority, the subcontract, shall contain, at a minimum, sections of the agreement pertaining to Debarred and Suspended Vendors, Lobbying certification,Audit requirements, and/or any other project Federal, state, and local requirements. p. Condition for Receipt of Health Care Authority Funds:Funds provided by Health Care Authority to the sub-awardee under this agreement may not be used by the sub-awardee as a match or cost-sharing provision to secure other federal monies without prior written approval by the Health Care Authority. q. Unallowable Costs:The sub-awardees' expenditures shall be subject to reduction for amounts included in any invoice or prior payment made which determined by HCA not to constitute allowable costs on the basis of audits, reviews, or monitoring of this agreement. r. Supplanting Compliance: The SABG Block Grant will not be used to supplant State funding of alcohol and other drug prevention and treatment programs. (45 CFR section 96.123(a)(10)). s. Citizenship/Alien Verification/Determination:The Personal Responsibility and Work Opportunity Reconciliation Act(PRWORA) of 1996 (PL 104-193) states that federal public benefits should be made available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a"federal public benefit"must make a citizenship/qualified alien determination/verification of applicants at the time of application as part of the eligibility criteria. Non-US citizens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. t. Federal Compliance:The sub-awardee shall comply with all applicable State and Federal statutes, laws, rules, and regulations in the performance of this agreement, whether included specifically inthis agreement or not. u. Civil Rights and Non-Discrimination Obligations During the performance of this agreement, the Contractor shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681- 1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), the Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107),the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act (42 U.S.C., Section 12101 et seq.) http://www.hhs..qov/ocr/civilrights. HCA Federal Compliance Contact Information Federal Grants and Budget Specialist Health Care Policy Washington State Health Care Authority Page 61 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230AKKE629 Post Office Box 42710 Olympia,Washington 98504-2710 II. CIRCULARS `COMPLIANCE MATRIX' -The following compliance matrix identifies the OMB Circulars that contain the requirements which govern expenditure of federal funds. These requirements apply to the Washington State Health Care Authority(HCA), as the primary. recipient of federal funds and then follow the funds to the sub-awardee Mason County Public Health. The federal Circulars which provide the applicable administrative requirements, cost principles and audit requirements are identified by sub-awardee organization type. OMB CIRCULAR ENTITY TYPE ADMINISTRATIVE COST AUDIT REQUIREMENTS REQUIREMENTS PRINCIPLES State. Local and Indian Tribal OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 Governments and Governmental Hospitals Non-Profit Organizations and Non-Profit Hospitals Colleges or Universities and Affiliated Hospitals For-Profit Organizations Definitions: "Sub-recipient";means the legal entity to which a sub-award is made and which is accountable to the State for the use of the funds provided in carrying out a portion of the State's programmatic effort under a sponsored project. The term may include institutions of higher education, for-profit corporations or non- U.S. Based entities. "Sub-award and Sub-grant" are used interchangeably and mean a lower tier award of financial support from a prime awardee (e.g.,Washington State Health Care Authority) to a Sub-recipient for the performance of a substantive portion of the program. These requirements do not apply to the procurement of goods and services for the benefit of the Washington State Health Care Authority. III. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Health Care Authority. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: I. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction;violation Page 62 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230AKKE629 of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in Section 2 of this certification; and have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include,without modification, the clause titled"Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion--Lower Tier Covered Transactions"in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76 by: I. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; Establishing an ongoing drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The contractor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 11. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (1) above; III. Notifying the employee in the statement required by paragraph (1), above, that, as a condition of employment under the contract, the employee Will— a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction; IV. Notifying the agency in writing within ten calendar days after receiving notice under paragraph (III)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; V. Taking one of the following actions,within thirty(30)calendar days of receiving notice under paragraph (III) (b), with respect to any employee who is so convicted— a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 63 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 VI. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (1)through (V). For purposes of paragraph (V) regarding agency notification of criminal drug convictions, Authority has designated the following central point for receipt of such notices: Legal Services Manager WA State Health Care Authority PO Box 42700 Olympia, WA 98504-2700 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: VI I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. VIII. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) IX. The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT(PFCRA) The undersigned (authorized official signing for the contracting organization)certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge,and that he or she is aware that any false,fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Page 64 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds.The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all sub-recipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the non-use of tobacco products.This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION I. By signing and submitting this proposal, the prospective contractor is providing the certification set out below. II. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. III. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. IV. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. V. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. VI. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Authority. VII. The prospective contractor further agrees by submitting this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Page 65 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52137E629 Covered Transaction,"provided by HHS,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. VIII. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List(of excluded parties). IX. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. X. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, Authority may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS --PRIMARY COVERED TRANSACTIONS I. The prospective contractor certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph 7(I)(b) of this certification; and d. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local)terminated for cause or default. II. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this proposal. CONTRACTOR SIGNATURE REQUIRED SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Please also print or type name: ORGANIZATION NAME: (if applicable) DATE Page 66 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 5—Federal Compliance,Certifications and Assurances DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 ATTACHMENT 6 - Federal Funding Accountability and Transparency Act(FFATA) Data Collection Form This Contract is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act).The purpose of the Transparency Act is to make information available online so the public can see how federal funds are spent. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System(DUNS®)number.A DUNS®number provides a method to verify data about your organization. If you do not already have one,you may receive a DUNS®number free of charge by contacting Dun and Bradstreet at www.dnb.com. Required Information about your organization and this contract will be made available on USASpending.gov by the Washington State Health Care Authority(HCA)as required by P.L. 109-282.As a tool to provide the information, HCA encourages registration with the Central Contractor Registry(CCR)because less data entry and re-entry is required by both HCA and your organization.You may register with CCR on-line at https://www.uscontractorregistration.com/. Contractor must complete this form and return it to the Health Care Authority(HCA). CONTRACTOR 1. Legal Name 2. DUNS Number Mason County Public Health 069580751 3. Principle Place of Performance 415 N 6th Street 3a. City Shelton 3b. State WA 3c.Zip+4: 98585-3425 3d. Country USA 4. Are you registered in CCR(https://www.uscontractorregistration.com/)? ❑YES(skip to page 2. Sign, date and return) ❑NO 5. In the preceding fiscal year did your organization: a. Receive 80%or more of annual gross revenue from federal contracts, subcontracts,grants, loans, sub grants, and/or cooperative agreements;and b. $25,000,000 or more in annual gross revenues from federal contracts,subcontracts, grants, loans,subgrants, and/or cooperative agreements; and c. The public does not have access to information about the compensation of the executives through periodic reports filed with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330 ❑ NO(skip the remainder of this section-Sign,date and return) ❑YES(You must report the names and total compensation of the top 5 highly compensated officials of your organization). Name Of Official Total Compensation 1. 2. 3. 4. 5. Note:"Total compensation"means the cash and noncash dollar value earned by the executive during the sub-recipient's past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)). Page 67 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 6—Federal Funding Accountability and Transparency Act(FFATA)Data Collection Form DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A5267E629 By signing this document,the Contractor Authorized Representative attests to the information. Signature of Contractor Authorized Representative Date HCA will not endorse the Contractor's subaward until this form is completed and returned. P.ORJV.iE-1A&hTjjHKA,1RE AUTHORITY US€ON!_ HCA Contract Number: K3929,Amendment 2 Sub-award Project Description(see instructions and examples below) Coordination and implementation of prevention programs and strategies designed to prevent or delay the misuse and abuse of alcohol,marijuana,tobacco, opioids, and other drugs, increase mental health promotion and prevent suicide in support of the Community Prevention and Wellness Initiative(CPWI). Instructions for Sub-award Project Description: In the first line of the description provide a title for the sub-award that captures the main purpose of the subrecipients work. Then, indicate the name of the subrecipient and provide a brief description that captures the overall purpose of the sub-award, how the funds will be used, and what will be accomplished. Example of a Sub-award Project Description: Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to chemical dependency centers to assist the centers to integrate tobacco use into their existing addiction treatment programs. Funds will also be used to assist centers in creating tobacco free treatment environments. Page 68 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 6—Federal Funding Accountability and Transparency Act(FFATA)Data Collection Form DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 ATTACHMENT 7-Substance Abuse and Mental Health Services Administration (SAMHSA) Award Terms 1. SAMHSA Award Terms. I. This grant is subject to the terms and conditions, included directly, or incorporated by reference on the Notice of Award (NoA). II. Grant funds cannot be used to supplant current funding of existing activities. III. By law, none of the funds awarded can be used to pay the salary of an individual at a rate in excess of the Executive Level 1, which is$199,700 annually. IV. Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. SAMHSA or its designee may conduct a financial compliance audit and on- site program review of grants with significant amounts of Federal funding. V. Per 45 Code of Federal Regulations (CFR) 74.36 and 45 CFR 92.34 and the US Department of Health and Human Services Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to royalty-free, nonexclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for General Government purposes. Income earned from any copyrightable work developed under this grant must be used as program income. VI. Program income accrued under this award must be used in accordance with the additional costs alternative described in 45 CFR 74.24(b)(1) or 45 CFR 92.25(g)(2) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable Office of Management and Budget circulars A-102 and A-110. VI 1. No part of an appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself or any State legislature. Vill. No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agency acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. IX. Where a conference is funded by a grant or cooperative agreement the recipient must include the following statement on all conference materials (including promotional materials, agenda, and internet sites): "Funding for this conference was made possible (in part) by Grants, and from SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Department of Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government." X. If federal funds are used by the Contractor to attend a meeting, conference, etc. and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (Meal and Incidental Expenses allowance) must be reduced by the allotted meal cost(s). XI. Marijuana Attestation.The primary award recipient and all sub-recipients (contractor&sub-awardee) will not use funds, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Grant funds also will Page 69 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 7—Substance Abuse and Mental Health Services Administration(SAMHSA)Award Terms DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A52B7E629 not be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders (45 CFR. § 75.300(a); 21 United States Code§§ 812(c) (10) and 8410). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the Drug Enforcement Administration and under a US Food and Drug Administration-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. XII. SABG Block Grant Attestation: SABG Block grant funds will not be used to supplant State funding of alcohol and other drug prevention and treatment programs. (45 CFR section 96.123(a)(10)). Page 70 of 95 Washington State CPWI Prevention Services Health Care Authority FICA Contract K3929,Amendment 2 Attachment 7—Substance Abuse and Mental Health Services Administration(SAMHSA)Award Terms DocuSign Envelope ID:61135D4E5-E1DD-4257-8CAA-230A52B7E629 ATTACHMENT 8-Federal Award Identification for Subrecipients (Reference 2 CFR 200.331) Substance Abuse Prevention and Treatment Block Grant(SABG) (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580751 (iii) Federal Award Identification Number(FAIN); B08TIO83138-01 (iv) Federal Award Date(see§200.39 Federal award date); 4/29/2020 (v) Subaward Period of Performance Start and End Date; 7/1/2019 through 6/30/2021 (vi) Amount of Federal Funds Obligated by this action; $161,434 (vii) Total Amount of Federal Funds Obligated to the subrecipient; $161,434 (xiii) Total Amount of the Federal Award; $18,893,353 (ix) Federal award project description,as required to be Substance Abuse Prevention and Treatment responsive to the Federal Funding Accountability and Transparency Act(FFATA); (x) Name of Federal awarding agency,pass-through entity,and SAMHSA contact information for awarding official, WA State Health Care Authority Keri Waterland,Assistant Director DBHR 626 8th Ave SE;Olympia,WA 98504-5330 Keri.waterland@hca.wa.gov (xi) CFDA Number and Name;the pass-through entity must 93.959 identify the dollar amount made available under each Federal Substance Abuse Prevention and Treatment Block award and the CFDA number at time of disbursement; Grant (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de de minimus(10%) minimis rate is charged per§200.414Indirect(F&A)costs). Page 71 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Federal Award Identification for Subrecipients(reference 2 CFR 200.331) Partnerships for Success(PFS)2013 (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580151 (iii) Federal Award Identification Number(FAIN); 7U79SP023011 (iv) Federal Award Date(see§200.39 Federal award date); 7/1/2018 (v) Subaward Period of Performance Start and End Date; 7/1/2019 through 9/29/2019 (vi) Amount of Federal Funds Obligated by this action; $0 (vii) Total Amount of Federal Funds Obligated to the subrecipient; $0 (xiii) Total Amount of the Federal Award; $2,103,524(7/1/18-9/29/19) (ix) Federal award project description,as required to be WA State Strategic Prevention Framework— responsive to the Federal Funding Accountability and Partnerships for Success Project Transparency Act(FFATA); (x) Name of Federal awarding agency,pass-through entity,and SAMHSA contact information for awarding official, WA State Health Care Authority Keri Waterland,Assistant Director DBHR 626 8th Ave SE;Olympia,WA 98504-5330 Keri.waterlandAhca.wa.gov (xi) CFDA Number and Name;the pass-through entity must 93.243 identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de de minimus(10%) minimis rate is charged per§200.414 Indirect(F&A)costs). Page 72 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:61B5D4E5-E1DD-4257-8CAA-230A52137E629 Federal Award Identification for Subrecipients(reference 2 CFR 200.331) Partnerships for Success(PFS)2018 (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580751 (iii) Federal Award Identification Number(FAIN); H79SP080980 (iv) Federal Award Date(see§200.39 Federal award date); 9/13/2018 (v) Subaward Period of Performance Start and End Date; 7/1/2019 through 9/29/2022 (vi) Amount of Federal Funds Obligated by this action; $135,543 (vii) Total Amount of Federal Funds Obligated to the subrecipient; $135,543 (xiii) Total Amount of the Federal Award; $11,300,000(9/30/18-9/29/23) (ix) Federal award project description,as required to be WA State Strategic Prevention Framework— responsive to the Federal Funding Accountability and Partnerships for Success Project Transparency Act(FFATA); (x) Name of Federal awarding agency,pass-through entity,and SAMHSA contact information for awarding official, WA State Health Care Authority Keri Waterland,Assistant Director DBHR 626 8th Ave SE;Olympia,WA 98504-5330 Keri.waterland n,hca.wa.gov (xi) CFDA Number and Name;the pass-through entity must 93.243 identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de de minimus(10%) minimis rate is charged per§200.414 Indirect(F&A)costs). Page 73 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:BiB5D4E5-E1DD-4257-8CAA-230A52B7E629 Federal Award Identification for Subrecipients(reference 2 CFR 200.331) Washington State Opioid Response(SOR)Grant (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580751 (iii) Federal Award Identification Number(FAIN); H79TIO81705 (iv) Federal Award Date(see§200.39 Federal award date); 09/03/2018 (v) Subaward Period of Performance Start and End Date; 7/1/2019 through 9/29/2020 (vi) Amount of Federal Funds Obligated by this action; $103,418 (vii) Total Amount of Federal Funds Obligated to the subrecipient; $103,418 (xiii) Total Amount of the Federal Award; $21,573,093 (ix) Federal award project description,as required to be Washington State Opioid Response(SOR)Grant responsive to the Federal Funding Accountability and Transparency Act(FFATA); (x) Name of Federal awarding agency,pass-through entity,and SAMHSA contact information for awarding official, WA State Health Care Authority Keri Waterland,Assistant Director DBHR 626 8th Ave SE;Olympia,WA 98504-5330 Keri.waterland(cD,,hca.wa.eov (xi) CFDA Number and Name;the pass-through entity must 93.788 identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de de minimus(10%) minimis rate is charged per§200.414 Indirect(F&A)costs). Page 74 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230AUKE629 Federal Award Identification for Subrecipients(reference 2 CFR 200.331) Washington State Opioid Response II(SOR II)Grant (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580751 (iii) Federal Award Identification Number.(FAIN); H79TI083286 (iv) Federal Award Date(see§200.39 Federal award date); 08/27/2020 (v) Subaward Period of Performance Start and End Date; 9/30/2020 through 9/29/2022 (vi) Amount of Federal Funds Obligated by this action; $135,634 (vii) Total Amount of Federal Funds Obligated to the subrecipient; $135,634 (xiii) Total Amount of the Federal Award; $27,173,792 (ix) Federal award project description,as required to be Washington State Opioid Response II(SOR II)Grant responsive to the Federal Funding Accountability and Transparency Act(FFATA); (x) Name of Federal awarding agency,pass-through entity,and SAMHSA contact information for awarding official, WA State Health Care Authority Keri Waterland,Assistant Director DBHR 626 8th Ave SE; Olympia,WA 98504-5330 Keri.waterland@hca.wa.gov (xi) CFDA Number and Name;the pass-through entity must 93.788 identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de de minimus(10%) minimis rate is charged per§200.414 Indirect(F&A)costs). Page 75 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Federal Award Identification for Subrecipients(reference 2 CFR 200.331) State Targeted Response(STR)-No Cost Extension(NCE) (i) Subrecipient name(which must match the name associated Mason County Public Health with its unique entity identifier); (ii) Subrecipient's unique entity identifier;(DUNS) 069580751 (iii) Federal Award Identification Number(FAIN); TI026803 (iv) Federal Award Date(see§200.39 Federal award date); April 14,2019 (v) Subaward Period of Performance Start and End Date; 7/1/2019 through 4/30/2020 (vi) Amount of Federal Funds Obligated by this action; $0 (vii) Total Amount of Federal Funds Obligated to the $0 subrecipient; (viii)Total Amount of the Federal Award; $1,082,939(5/1/19—4/30/20) (ix) Federal award project description,as required to be WA-STR addresses the Opiate Epidemic by responsive to the Federal Funding Accountability and increasing treatment and prevention activities Transparency Act(FFATA); SAMHSA (x) Name of Federal awarding agency,pass-through entity,and WA State Health Care Authority contact information for awarding official, Keri Waterland,Assistant Director DBHR 626 8th Ave SE; Olympia,WA 98504-5330 Keri.wateriand@hca.Fg.gov (xi) CFDA Number and Name;the pass-through entity must identify the dollar amount made available under each 93.788 Federal award and the CFDA number at time of disbursement; (xii) Identification of whether the award is R&D;and ❑Yes ®No (xiii)Indirect cost rate for the Federal award(including if the de o minimis rate is charged per§200.414 Indirect(F&A)costs). de minimus(10/o) Page 76 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 8—Federal Award Identification for Subrecipients DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 ATTACHMENT 9-Award and Revenues CONTRACTOR:Mason County Public Health CONTRACT NUMBER: K3929,Amendment 2 COUNTY: Mason COMMUNITY/COALITION: North Mason The above named Contractor is hereby awarded the following amounts for the purposes listed. REVENUE TYPE OF SERVICE AWARD AMOUNTS SOURCE CODE: SFY20 SFY21 Total 19-21 SFY 22 SFY23 Total 22-23 333.99.59 SABG Prevention(7.1.19-6.30.21) $0 $0 $0 $0 ' $0 - $0 333.99.59 SABG Prevention(7.1.19-6.30.21)-Admin $0 $0 $o $0 $0 $0 334.04.6X GF-State-Admin(for SABG Prevention) $0 $o $0 $0 to $0 334.04.6X DMA-Fund 315-State-Admin $o $0 $0 $o $0 $0 334.04.6X DMA-Fund315-State-Direct costs $o $0 $o $0 $o $0 333.92.43 2018 PFS-Total $40,677 $42,137 $82,814 $42,183 $10,546 $52,729 Year 1 FFY19(7.1.19-9.29.19)-Admin $.746 $o $7,46 $0 $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $8,581 $0 _ $8,581 $0 $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $2,508 $840 $3,348 $0 $0 $0 Year 2 FF20(9.30.19-9.29.20)-Direct costs $28,842 $9,660 $38,502 $0 $o $0 Year 3 FFY19(9.30.20-9.29.21)-Admin $0 $2,531 $2,531 $844 $0 $844 Year 3FFY19(9.30.20.9.29.21)-Directcosts $o $29,106 $29,106 $9,70 $0 $9,70 Year 4 FFY20(9.30.21-9.29.22)-Admin $0 $o $0 $2,531 $844 $3,375 Year 4 FFY20(9.30.21-9.29.22)-Direct costs $0 go $0 $z9,1o6 $9,702 $38,808 333.92.43 2013 PFS No Cost Extension(7.1.19- $0_ $0 $0 $0 $0 $0 9.29.19)-Admin 2013 PFS No Cost Extension(7.1.19- $0 $o $0 $o $o $0 9.29.19)-Direct Costs 2018 PFS Carryover(5.1.20-9.29.20)-Admin $0 $0 $0 $o $0 $0 2018 PFS Carryover(5.1.20-9.29.20)-Direct $o $0 $0 $0 $0 $0 costs 333.37.88 OR-Total $66,368 $17,050 $83,418 $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $1,217 $0 $1;21 $0 $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $14,001 $0 $14,001 $0 $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $4,092 $1,364 $5,45 to $0 $o Year 2 FFY20(9.30.19-9.29.20)-Direct costs $47,058 $15,686 $62,744 $0 $0 $0 333.37.88 SOR 11-Total $0 $50,863 t50,863 $67,817 $16,954 $84,771 Year 1 FFY19(9.30.20-9.29.21)-Admin $0 $4,069 $4,069 $i,356 $0 $1,35 Year 1 FFY19(9.30.20.9.29.21)-Direct costs $0 $46'794 $46,794 $15,598 $0 $15,598 Year FFY20(9.30.21-9.29.22)-Admin $o $o $0 $4,0691 $1,356 $5,42 Year 2 FFY20(9.30.21-9.29.22)-Direct costs $0 $0 $0 $46,794 $15,598 $62,39 333.37.88 SOR Supplemental-Total $o $o $0 $0 $0 $0 Year 1 FFY19(7.1.19-9.29.19)Admin $0 $0 $o $o $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $0 $o $0 $0 $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $0 $o $0 $0 $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Direct costs $0 $0 $o $0 $0 $0 333.37.88 STR No Cost Extension(7.1.194.30.20)- $0 $0 $0 $o $0 $0 dmin TR No Cost Extension(7.1.194.30.20)- $0 $o" $0 $0 $0 $0 Direct costs Total Federal Funds $107,045 $110,050 $217,095 $110,000 $27,500 $137,500 Total State Funds $0 $o $0 $o $0 $0 TOTAL ALL AWARDS $107;045 $110.050 $217,095 $110,000 $27,500 $137,500 Page 77 of 95 Washington State CPWI Prevention Services Health Care Authority FICA Contract K3929,Amendment 2 Attachment 9-Award and Revenues DocuSign Envelope ID:B1135D4E5-E1 DD-4257-8CAA-230A52B7E629 CONTRACTOR:Mason County Public Health CONTRACT NUMBER: K3929,Amendment 2 COUNTY: Mason COMMUNITY/COALITION: Shelton The above named Contractor is hereby awarded the following amounts for the purposes listed. REVENUE TYPE OF SERVICE AWARD AMOUNTS SOURCE CODE: SFY20 SFY21 Total 19-21 SFY 22 SFY23 Total 22-23 333.99.59 SABG Prevention(7.1.19-6.30.21) $80,717 $80.717 $161,434 $0 $0 $o 333.99.59 SABG Prevention(7.1.19-6.30.21)-Admin $0 $0 $o $0 $o $0 334.04.6X GF-State-Admin(for SABG Prevention) $6,800 $6,800 $13,600 $0 $0 $o 334.04.6X DMA-Fund 315-State-Admin $1,799 $1,799 $3,598 $0 $0 $0 334.04.6X DMA-Fund315-State-Direct costs $20,684 $20,684 $41,368 $0 $0 $o 333.92.43 2018 PFS-Total $0 $0 $0 $0 $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $0 $0 $0 $o $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $0 $o $o $0 $o $o Year 2 FFY20(9.30:19-9.29.20)-Admin $o $0 $0 so $o $0 Year 2 FF20(9.30.19-9.29.20)-Direct costs $o $0 $o $o $0 $o Year 3 FFY19(9.30.20-9.29.21)-Admin $0 $o $0 $0 $0 $0 Year 3 FFY19(9.30.20.9.29.21)-Direct costs $0 $0 $0 $0 $0 $0 Year 4 FFY20(9.30.21-9.29.22)-Admin $0 $0 $0 $0 $0 $o Year 4 FFY20(9.30.21-9.29.22)-Direct costs $0 $0 $o $0 $o $0 333.92.43 2013 PFS No Cost Extension(7.1.19- $0 $o $o $0 $0 $0 9.29.19)-Admin 2013 PFS No Cost Extension(7.1.19- $0 $o $o $0 $0 $0 9.29.19)-Direct Costs 2018 PFS Carryover(5.1.20-9.29.20)-Admin $0 $o $0 $0 $o $0 2018 PFS Carryover(5.1.20-9.29.20)-Direct $0 $o $o $b $0 $0 costs 333.37.88 OR-Total $0 $o $0 $o $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $0 $0 $0 $o $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $0 $0 $0 $o $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $0 $0 $0 $o $o $0 Year 2 FFY20(9.30.19-9.29.20)-Direct costs $0 $o $0 $0 $0 $0 333.37.88 SOR II-Total $0 $0 $0 $0 $0 $0 Year 1 FFY19(9.30.20-9.29.21)-Admin $0 $0 $0 $o $0 Year 1 FFY19(9.30.20.9.29.21)-Direct costs $o $0 $0 $o $0 Year 2 FFY20(9.30.21-9.29.22)-Admin $0 6 $o $0 $o ' $0 Year 2 FFY20(9.30.21-9.29.22)-Direct costs $0 $o $0 $0 $0 $0 333.37.88 SOR Supplemental-Total $0 $0 $0 $0 $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $0 $o $0 $o $0 $0 Year 1 FFY19(7.1.19-9.29.19)-Direct costs $0 $0 $0 $o $0 $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $0 $0 $o $0 $0 $o Year 2 FFY20(9.30.19-9.29.20)-Direct costs $0 $0 $0 $0 $0 $0 333.37.88 STR No Cost Extension(7.1.194.30.20)- $0 $0 $0 $0 $0 $0 dmin TR No Cost Extension(7.1.194.30.20)- $0 $o $0 $0 $0 $0 Direct costs Total Federal Funds $80,717 $80,717 $161,434 $0 $o $o Total State Funds $29,283 $29,283 $58,566 $0 $0 $0 TOTAL ALL AWARDS $110,000 $110;000 $220,000 $0 $0 $0 Page 78 of 95 Washington State CPWI Prevention Services Health Care Authority FICA Contract((Contract_No>),Amendment«Amendment_» Attachment 9—Award and Revenues DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A5267E629 CONTRACTOR:Mason County Public Health CONTRACT NUMBER: K3929,Amendment 2 COUNTY: Mason COMMUNITY/COALITION: Mason CBO The above named Contractor is hereby awarded the following amounts for the purposes listed. REVENUE TYPE OF SERVICE. AWARD AMOUNTS SOURCE CODE: SFY20 SFY21 Total 19-21 SFY 22 SFY23 Total 22-23 333.99.69 SABG Prevention(7.1.19-6.30.21) $0 $o $o $o $o $o 333.99.59 SABG Prevention(7.1.19-6.30.21)-Admin $a $0 $o $0 $0 $0 334.04.6X GF-State-Admin(for SABG Prevention) $o $o $o $o $o $o 334.04.6X DMA-Fund 315-State-Admin $0 . $o $0 $0 $0 $0 334.04.6X DMA-Fund315-State-Direct costs $0 $0 $0 $o $0 $0 333.92.43 2018 PFS-Total $0 $0 $o $0 $o $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $o $o $o $o $o $o Year 1 FFY19(7.1.19-9.29.19)-Direct costs $o $o $0 $0 $o $o Year FFY20(9.30.19-9.29.20)-Admin $o $o $o $0 $o $o Year 2 FF20(9.30.19-9.29.20)-Direct costs $o to $o $0 $0 $o Year 3 FFY19(9.30:20-9.29.21)-Admin $o $o $o $o $0 Year 3 FFY19(9.30.20.9.29.21)-Direct costs $o• $o $0 $o $0 Year FFY20(9.30.21-9.29.22)Admin $0 $0 $0 $o Year 4 FFY20(9.30.21-9.29.22)-Direct costs $0 $0 $o $0 333.92.43 2013 PFS No Cost Extension(7.1.19- $0 $o $o $0 $o $o .9.29.19)-Admin 2013 PFS No Cost Extension(7.1.19- $o $0 $o $o $0 $o 9.29.19)-Direct Costs 2018 PFS Carryover(5.1.20-9.29.20)-Admin so $o $o $o '$o $0 018 PFS Carryover(5.1.20-9.29.20)-Direct $o $o $0 $o to $o costs 333.37.88 OR-Total $17,273 $2,727 $20,000 $o $o Year 1 FFY19(7.1.19-9.29.19)-Admin $800 $o $eoo $0 $o $o Year 1 FFY19(7.1.19-9.29.19)-Direct costs $9,200 $o $9,20 $0 $0 $o Year 2 FFY20(9.30.19-9.29.20)-Admin $582 $218 $800 $o $o $o Year 2 FFY20(9.30.19-9.29.20)-Direct costs $6,691 $2,509 $s;2o $0 to $o 333.37.88 SOR II-Total $0 $o to $0 $0 $o Year 1 FFY19(9.30.20-9.29.21)-Admin $0 $o $0 $o Year 1 FFY19(9.30.20.9.29.21)-Direct costs $o $0 . $o $o Year 2 FFY20(9.30.21-9.29.22)-Admin $0 $0 $o $0 Year 2 FFY20(9.30.21-9.29.22)-Direct costs $0 $0 $o $o 333.37.88 SOR Supplemental-Total $0 " $o $o $o $o $0 Year 1 FFY19(7.1.19-9.29.19)-Admin $o $0 $0 $0 $0 $o Year 1 FFY19(7.1.19-9.29.19)-Direct costs $0 $0 $o $0 $o $0 Year 2 FFY20(9.30.19-9.29.20)-Admin $o $o $o $o $o $0 Year 2 FFY20(9.30.19-9.29.20)-Direct costs $o $o $o $o, $o• $o 333.37.88 STR No Cost Extension(7.1.19.4.30.20)- $o to $a $0 _ _ $o $0 dmin TR No Cost Extension(7.1.194.30.20)- $o $o $o .. $0 $o $o Direct costs Total Federal Funds $17,273 $2,727 $20,000 $0 $0 $o Total State Funds $0 $o $0 $o $0 $0 TOTAL ALL AWARDS $17,273 $2,727 $20,00o $o $o $0 Page 79 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract((Contract_No>,Amendment«Amendment_» Attachment 9—Award and Revenues DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Federal CFDA: *All timelines include any associated admin. Substance Abuse Block Grant(SABG),CFDA 93.969,Substance Abuse and Mental Health Services Administration(SAMHSA) • Funding period(s):7.1.19-6.30.21;Funds may be used in SFY 20 or 21 up to the total biennium award as indicated above. • Final invoice due:45 days after fund source end date on 8.14.2020 and 8.14.2021. General Fund State(GF-S),Admin(forSABG Prevention) • Funding period(s):7.1.19-6.30.20(SFY 20)and 7.1.20-6.30.21 (SFY 21); Funds must be used only in the SFY in which they are awarded as indicated above. • Final invoice due:45 days after fund source end date on 8.14.2020 and 8.14.2021. Dedicated Marijuana Account(DMA)Fund 315 State • Funding period(s):7.1.19-6.30.20(SFY20)and 7.1.20-6.30.21 (SFY 21);Funds must be used only in the SFY in which they are awarded as indicated above. • Final invoice due:45 days after fund source end date on 8.14.2020 and 8.14.2021. 2018 Partnerships for Success(PFS),CFDA 93.243,Substance Abuse and Mental Health Services Administration(SAMHSA) • Year 1 funding period:7.1.19-9.29.19;Year 2 funding period:9.30.19-9.29.20;Year 3 funding period:9.30.20-9.29.21;Year 4 funding period:9.30.21-9.29.22. • Funds must be used only in the FFY in which they are awarded as indicated above. • Beginning 9.30.19,funds in year 2 may be used in SFY 20 or 21,until 9.29.20.Beginning 9.30.20,funds in year 3 may be used in SFY 21 or 22,until 9.29.22.Beginning 9.30.21,funds in year 4 may be used in SFY 22 or 23. • Final invoice due:45 days after fund source end date on 11.13.2019, 11.13.2020, 11.13.2021,or 11.13.2022. 2013 PFS,Partnerships for Success(PFS)No Cost Extension,CFDA 93.243,Substance Abuse and Mental Health Services Administration (SAMHSA) • Funding period 7.1.19-9.20.19;Funds must be used in this time period. • Final invoice due:45 days after fund source end date on 11.13.2019 and 11.13.2020. 2018 Partnership for Success(PFS)Carryover,CFDA 93.243,Substance Abuse and Mental Health Services Administration(SAMHSA) • Funding period 5.1.20-9.29.20.Funds must be used in this time period. • Final invoice due:45 days after fund source end date on 11.13.2020. State Opioid Response(SOR),CFDA 93.788,Substance Abuse and Mental Health Services Administration(SAMHSA) • Year 1 funding period:7.1.19-9.29.19;Year 2 funding period:9.30.19-9.29.20; • Funds must be used in the FFY in which they are awarded,as indicated above. • Beginning 9.30.19,funds in year 2 may be used in SFY 20 or SFY 21,until 9.29.20. • Final invoice due:45 days after fund source end date on 11.13.2019 and 11.13.2020. State Opioid Response(SOR)ll,CFDA 93.788,Substance Abuse and Mental Health Services Administration(SAMHSA) • Year 1 funding period:9.30.20-9.29.21;Year 2 funding period:9.30.21-9.29.22. • Funds must be used only in the FFY in which they are awarded as indicated above. • Beginning 9.30.20,funds in year 2 may be used in SFY 21 or 22,until 9.29.21.Beginning 9.30.21,funds in year 3 may be used in SFY 22 or 23,until 9.29.22. • Final invoice due:45 days after fund source end date on 11.13.2021 or 11.13.2022. State Opioid Response(SOR)Supplemental,CFDA 93,788,Substance Abuse and Mental Health Services Administration(SAMHSA) • Year 1 funding period:7.1.19-9.29.19;Year 2 funding period:9.30.19-9.29.20; • Funds must be used in the FFY in which they are awarded,as indicated above.Beginning 9.30.19,funds in year 2 may be used in SFY 20 or SFY 21,until 9.29.20. • Final invoice due:45 days after fund source end date on 11.13.20219 and 11.13.2020. State Targeted Response(STR)to the Opioid Crisis No Cost Extension,CFDA 93.788,Substance Abuse and Mental Health Services Administration(SAMHSA) • Funding period 5.1.19-4.30.20; • Funds must be used in this time period. • Final invoice due:45 days after fund source end date on 6.14.2020. ATTACHMENT 10 -Standards for Reimbursable Costs 1. Guiding Policies The following Standards for Reimbursable Costs represents a compilation of definitions and principles from: Page 80 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract«Contract—No»,Amendment«Amendment—» Attachment 9—Award and Revenues DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 i. State of Washington Office of Financial Management's State Administrative and Accounting Manual (SAAM) ii. Federal Office of Management and Budget a. Circular A-122 Cost Principles for Non-Profit Organizations b. Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments These standards are provided solely as technical assistance and are not intended to circumvent the Contractor's need to follow the referenced rules. 2. Definitions The following terms and phrases shall have the meanings indicated when used in this exhibit, except where the context clearly requires otherwise. i. "Acquisition cost"shall mean the net cost of equipment, including the costs for modifications, attachments, accessories, or auxiliary apparatus necessary to make the equipment useable for the purpose for which it was acquired. ii. "Arm's length transaction"shall mean a transaction resulting from good faith bargaining between a buyer and a seller, where the parties have adverse positions in the marketplace. iii. "Contractor or subcontractor property"shall mean property used in performance of a contract which is not departmental property. iv. "Cost"shall mean the historical amount of money involved in a transaction which decreases an asset or increases a liability, whether recognized on a cash or accrual basis. Cost shall not include repayments of borrowing, expenditures to acquire assets, distributions to owners, and corrections to prior periods. Corrections to prior periods are included as costs in that prior period. V. "Cost related or cost reimbursement"shall mean a contract or subcontract where the amount of payment being made is related to the actual costs of the subcontractor or a class of subcontractors to perform the contract, subject to ceilings, allowances, limitations and conditions adopted by the Department, but without regard to the method of payment. vi. "Cost related subcontractor"shall mean a subcontractor that has a cost related subcontract. vii. "Customary charge"shall mean the average charge for a similar service, activity or procedure for non- departmental clients or purchasers by providers whose training and experience is similar to the contractor or subcontractor and are located in the same area. The area considered in determining customary charge shall be as large as necessary to provide a reasonable measure of the market for such services, activities or procedures. viii. "Clients"shall mean individuals who receive or benefit from services or activities for which the contractor was reimbursed in part or entirely by HCA. ix. "Funds"shall mean any funds paid by HCA to a contractor, including funds passed through to subcontractors without regards to the source of those funds. HCA funds include federal funds which pass through HCA. X. "Property" shall mean property owned by HCA, and property for which title is vested in HCA. A. "Equipment" means an article of non-expendable tangible personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. Items not meeting this definition shall not be classified as equipment. Purchase of equipment must be approved in advance by the contract manager. Page 81 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:131 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 xii. "Fee for Service"shall mean a contract or subcontract where the amount of reimbursement is a negotiated fixed rate of pay based on performance of defined unit of service such as per treatment, per hour or per session. xiii. "Personal property"shall mean property of any kind except real property, either tangible or intangible. xiv. "Price related"shall mean a contract or subcontract where the amount of reimbursement is related to market prices for services, and without consideration of the contractor's or subcontractor's actual or anticipated costs. xv. "Real property"shall mean land, land improvements, structures, and appurtenances thereto, but excluding movable machinery and equipment. xvi. "Subcontract"shall mean any agreement for compensation between the contractor and a subcontractor, or between a subcontractor and another subcontractor, to provide property, services or construction needed in performance of the contract. xvii. "Subcontractor"shall mean any person, partnership, corporation, association or organization, not in the employment of the contractor, who has a subcontract agreement directly with the contractor or a subsequent tier subcontract agreement with an intermediate subcontractor xviii. "Supplies"shall mean tangible personal property other than equipment. xix. "Third party"shall mean an individual or organization other than the Department, the contractor, any subcontractor or any departmental client. xx. "Usual charge"shall mean the charge which the contractor or subcontractor most frequently charges non-HCA clients or purchasers for a similar service, activity or procedure. xxi. "Working capital"shall mean a fund balance accumulated and maintained for a period of more than twelve months, or remaining at the termination or expiration of a contract, which is not segregated in a reserve account and is used primarily to maintain the entity's cash flow. 3. Reimbursable Costs i. Reimbursable costs shall include costs which are necessary for the proper and efficient performance of the contract, are reasonable and allocable to the contract and are allowable under the provisions of this exhibit. ii. Reimbursable costs include costs incurred in paying subcontractors for fulfilling or assisting the contractor to fulfill the contractor's obligations to HCA. a. If the subcontract is price related, the reimbursable cost of the subcontract shall be the share of payments to the subcontractor which equals the usual charge or the customary charge,whichever is less. If the subcontractor has only departmental clients, the reimbursable cost shall be the share of payments to the subcontractor which equal the customary charge. b. If the subcontract is cost related,the reimbursable cost of the subcontract shall be the share of payments to the subcontractor for subcontractor costs which are necessary for the proper and efficient performance of the contract, are reasonable and allocable to the subcontract and are allowable under the provisions of this exhibit. If the cost-related subcontractor is a for-profit entity, reimbursable costs may also include payments for ordinary profit, provided such profit is computed on a basis other than a percentage of contract costs. Costs used to determine subcontract payments may be either actual costs during the contract period or estimated costs for the contract period based on actual costs in a prior period, and may be either costs of the subcontractor or costs of a class or subclass of facilities providing similar services, activities or procedures. Page 82 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52137E629 c. If the subcontract is fee for service,the reimbursable cost of the subcontract shall be the share of the payments based on an established rate structure set by laws, regulation or policy, or may be based on cost information provided by the contractor during a competitive solicitation or contract negotiations. 4. Reasonableness i. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent and reasonable person under circumstances prevailing at the time the decision was made to incur the cost. ii. In determining the reasonableness of a given cost, the following shall be given careful consideration: a. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the contractor or the performance of the contract. b. Whether the cost was incurred after the contractor complied with sound business practices, including arm's length bargaining. c. Whether the contractor acted with prudence in the circumstances considering its responsibilities to the organization, its members, employees, clients, the public at large, and the Department. d. Whether the contractor deviated from established practices of the contractor, which may unjustifiably increase the cost. 5. Allocable Costs i. A cost is allocable to the contract if all of the following conditions are met: a. It is assignable or chargeable to the contract in accordance with the relative benefit received because either: 1. It was incurred specifically and solely for the performance of the contract; or 2. It benefits both contract and non-contract objectives and can be distributed between them in reasonable proportion to the benefits received; or 3. It is necessary for the overall operation of the contractor even if a direct relationship to the contract cannot be shown. b. It is not allocable to or included as a cost of any other contract, grant, agreement or program in either the present or any prior period, or used as cost-sharing or matching for another contract or grant, except when the contract specifically authorizes such duplicate allocation. c. It is accorded consistent treatment with costs of a similar nature. i. Contract-Specific Direct Costs: If a cost is allocable to the contract pursuant to subsection (1)(a)(i) of this section, the entire amount may be charged to the contract. ii. Shared Direct Costs: If a cost is allocable to the contract pursuant to subsection (1)(a)(ii) of this section,the charge shall be considered to be in reasonable proportion to the benefits received if the charge is based on time distribution records, random moment time samples, equivalent work units, or space utilization. Other equitable methods may be used with the prior approval of the Department.Allocation of charges based on revenue distribution is not an acceptable method. iii. Admin (also known as Indirect Costs): If a cost is allocable to the contract pursuant to subsection (1)(a)(iii) of this section, the charge shall be considered to be in proportion to benefits received if it is based on the total distribution of costs allocated pursuant to subsections (2) and (3) of this section, or if it is based on staff time directly spent in contract and non-contract activities. Other equitable methods may be used with the prior,written approval of the Department. Page 83 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 iv. Contractors and cost-related subcontractors shall maintain a current cost allocation plan describing how costs are allocated. V. HCA approvals required in subsections (3) and (4) of this section shall be obtained by submitting a cost allocation plan to the contract manager.The cost allocation plan shall identify the period of time covered by the plan, the cost items to be allocated, the allocation method, the program areas to which costs are allocated, and the resulting allocations using budgeted costs. Copies of indirect cost allocation plans submitted for federal grant purposes may be used to apply for HCA approval under subsection (4) of this section. 6. Allowable Costs A cost is allowable if: i. It is authorized or not prohibited by federal, state, or local laws and regulations. ii. It conforms to any limitations or exclusions set forth in the contract terms and approved budget, or in applicable state or federal law or regulation. iii. It is approved in advance and in writing by HCA, if it is a cost requiring approval. iv. It is not an unallowable cost. V. It is consistent with policies, regulations, directives, and procedures of the contractor. vi. It is accorded consistent treatment through application of generally accepted accounting principles. vii. It is adequately documented in source records such as payroll registers and invoices. viii. It is the net of all applicable credits, such as purchase discounts, rebates, and allowances. 7. Costs Allowable with Prior Approval Costs described in this section are allowable only if they are approved in advance by HCA.Approval shall be deemed given if the cost is specifically identified in the contract budget or other clause or attachment to the contract.Approval of costs not specifically identified in the contract shall be made by letter or other document which sets forth the nature and amount of the approved cost and the contract for which it is allowed. i. Client cash payments:Any direct cash payments to departmental clients are allowable only with prior written approval of HCA. ii. Capital expenditures: Cost of acquiring by purchase or capitalized lease land, buildings, or equipment and cost of repair, remodeling, renovation, or improvements which would materially increase the value or useful life of buildings are allowable only with the prior written approval of the Department. iii. Honorariums for speakers is unallowable. iv. Incentives: SAMHSA discretionary grant funds may be used for non-cash incentives up to$30 in accordance with SAMHSA guidelines: his://www.samhsa.gov/grants/grants-management/policies- regulations/additional-directives. V. Training and education: Cost of training which requires staff to be relieved of regular duties for more than ten (10) business days per training event is allowable only upon prior written approval of the Department. vi. Purchase of equipment must be approved in advance by the contract manager. Title to equipment shall vest in the HCA unless otherwise determined by the contract manager at the time of purchase. 8. Interest Expense i. Interest on borrowed funds is treated differently depending on the source of funds reimbursing the cost. Page 84 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:13165NE5-E1 DD-4257-8CAA-230A52B7E629 a. Costs incurred for interest on borrowed capital or temporary use of endowment funds, however represented, are unallowable as reimbursable costs against a federal grant. b. Interest on borrowed funds is allowable against state funding if the interest expense meets the applicable requirements of this section. ii. Interest on borrowed funds used to purchase equipment or real property is allowable against state funding with the prior written approval of HCA. iii. Interest on borrowed funds used to create, replenish, or maintain working capital is allowable against state funding, if the following conditions are met: a. Working capital is depleted due to unusual cash flow, such as abnormally high costs or delays in reimbursement; or working capital has been insufficient for an extended period of time, because the contractor or subcontractor has insufficient eligible income in excess of expenses to accumulate adequate working capital. b. The borrowed funds are not used to supplant funds which otherwise would be available to finance working capital. Borrowed funds shall be considered to supplant contractor working capital if a decision to deplete working capital is evident,whether the working capital is depleted before or after the arrangements to borrow funds are made. c. The working capital in aggregate does not exceed ninety(90)calendar days cash flow. d. The interest expense is approved in advance and in writing by HCA. iv. Approval shall be deemed given if the interest cost is specifically identified in the contract budget or other . clause or attachment to the contract.Approval of interest cost not specifically identified in the contract shall be made by letter or other document which sets forth the nature and amount of the approved cost and the contract under which it is allowed. 9. Unallowable Costs The following costs are unallowable,whether incurred directly by the contractor or any cost related subcontractor: i. Bad debts:Any losses arising from uncollectible accounts and other claims and related costs are unallowable. In double entry accounting systems, write-offs of client fees deemed uncollectible shall be treated as adjustments to revenue. ii. Chief executive: The salaries and expenses of the chief executive of a political subdivision are unallowable. iii. Contingencies: Contributions to a contingency reserve or any similar provision for unforeseen events. iv. Contributions and donations: Costs of a contractor or subcontractor in the form of contributions and donations to other organizations, including costs of donated services and property, are unallowable. V. Depreciation of state financed property: Costs of depreciation of departmental property are unallowable. vi. Entertainment: Costs of amusements, social activities, sporting events, and incidental costs relating thereto such as meals, beverages, lodging, rentals, transportation, and gratuities are unallowable, except for costs of entertainment specifically for departmental clients and necessary expenses of staff who supervise departmental clients on contractor or subcontractor sponsored activities. vii. Fines and penalties: Costs resulting from violations of or failure to comply with federal, state, and local laws and regulations are unallowable. viii. First class air accommodations:The difference in cost between first class air accommodations and less- than-first class air accommodations is unallowable, except when less-than-first class air accommodations are not reasonably available. ix. Fund raising: Costs of organized fund raising are unallowable. Page 85 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 X. Legal fees to bring suit against federal or state government: The cost of legal expenses for the prosecution or defense of claims by or against the federal or state government is unallowable. A. Legislative expenses: The salaries and other expenses of county councilmen or councilwomen, supervisors, commissioners, etc.,whether incurred for the purposes of the legislation or executive direction, are unallowable. xii. Lobbying expenses:The cost of attempting to influence legislation pending before any federal or state legislative body is unallowable except as provided for in RCW 42.17.190. xiii. Losses: Costs of actual losses which could have been covered either by insurance or by contributions to a self-insurance reserve are unallowable, except for losses not covered under nominal deductible insurance coverage and minor losses not covered by insurance which occur in the ordinary course of operations, such as spoilage and breakage. xiv. Memberships: a. Costs of the non-Federal entity's membership in business, technical, and professional organizations are allowable. b. Costs of the non-Federal entity's subscriptions to business, professional, and technical periodicals are allowable. c. Costs of membership in any civic or community organization are allowable with prior approval by the Federal awardinq agency or pass-through entity. d. Costs of membership in any country club or social or dining club or organization are unallowable. e. Costs of membership in organizations whose primary purpose is lobbying are unallowable. See also 5 200.450 Lobbying. i. Under-recovery of costs in other contract agreements:Any costs incurred in excess of the federal and state contribution under any other contract agreement is unallowable. 10. Unallowable Costs; Federal Alcohol, Drug Abuse, and Mental Health Services Block Grant i. Unless an explicit and specific federal waiver is obtained, the following costs are unallowable under any contract which includes federal alcohol, drug abuse and mental health services block grant funds: a. Costs of hospital inpatient services; b. Cash payments to departmental clients; c. Cost of purchase or permanent improvement of land or facilities, other than minor remodeling; d. Cost of purchase of major medical equipment,with an acquisition cost in excess of$5,000; e. Costs used as cost-sharing or matching for other federal funds requiring nonfederal matching funds; f.Costs of financial assistance to any entity which is not either public or nonprofit; or g. Costs that in effect supplant or otherwise reduce the amount of state or local funds that would have been used for alcoholism, drug abuse or mental health programs in the absence of federal block grant funding. For the purposes of this section, supplantation shall be deemed to occur if the amount of state or local funds used is less than the amount expended during federal fiscal year ending September 30, 1981. h. Carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug or distributing bleach for the purpose of cleansing needles for such hypodermic injection. Page 86 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 i.Carry out any testing for the etiologic agent for acquired immune deficiency syndrome (AIDS), unless such testing is accompanied by appropriate pre-test counseling and appropriate post-test counseling. j. EXCESS SALARY: By law, none of the funds awarded can be used to pay salary of an individual at a rate in excess of the Executive Level I, which is $181,100 annually. k. Youth tobacco enforcement. ii. The use of federal funds to influence or attempt to influence the award of, or amendment to, any federal contract, grant, loan, or cooperative agreement is prohibited. a. The use of funds other than federal funds for such purposes shall require the contractor to submit all required federal and state forms disclosing such lobbying activity. b. The contractor must include this language in any contracts resulting from this agreement and that all subrecipients understand and agree to these terms. iii. Costs that are unallowable under subsection (1) of this section are allowable using state funds if all of the following conditions are met: a. The contract includes state funds at least equal to the total amount of all items of cost under consideration; b. If the costs are incurred by a subcontractor, the subcontract document clearly indicates only state funds are included in the subcontract; and c. The cost is otherwise allowed. Page 87 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 10—Standards for Reimbursable Costs DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A52B7E629 ATTACHMENT 11 — Community-Based Organization (CBO) Statement of Work The Contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. Prevention programs and services include, but are not limited to: 1. Coordination of Prevention Services. The Contractor shall ensure: i. The implementation of the Work Plan submitted in Project Narrative as part of RFA and/or as approved by DBHR to include: a. (1)Approved programs and communities from the RFA and approved by DBHR. Services, defined as a direct service program, implementation, training, or dissemination of a media campaign, must begin within 30 days of approved Action Plan and Budget. I. Program(s)will be implemented for target audience in which they are designed in an ongoing cycle in communities as designated in approved Work Plan. II. Participation and/or promotion in the National Drug Take-Back Days held in April and October each year of the contract period, and implementation of the Starts with One opioid public education campaign. b. Ensuring funds are used to support program costs including staff for program planning,training, implementation, reporting and evaluation. c. Program implementation must be in alignment with the approved Action Plan and Budget submitted with the RFA, including approved program(s), dates &timelines, scope, dosage, target audience(s), leadership, and responsible parties. d. Enter approved implementation Work Plan into designated prevention reporting system (Substance Use Disorder Prevention and Mental Health Promotion Management Information System (Minerva))within 30 days of executed contract. e. Complete monthly program or strategy services reporting by the 15th of the month following the month of services, including required pre/post-test data. f. Participate in monthly check-in phone calls with contract manager or designee. ii. Contractor contact on page one of this Contract and primary fiscal staff or their designee(s) shall attend an annual contractor training or meeting that will be scheduled for four(4) hours in duration. Date and location will be announced by DBHR at least thirty(30) business days prior to the training. iii. Contractor shall ensure that a regular annual schedule of direct prevention services iv. Budget adjustments that total ten percent(10%) or more from the approved budget shall submit a budget revision for approval to CM or designee at least fifteen (15) days prior to expending adjusted budget items.Approval must be granted prior to expending funds. V. Ensure program facilitators are formally trained or certified trainers are used for the approved program(s) selected, if indicated as necessary by the program. vi. Ensure program is implemented with full fidelity. Specified adaptations must be submitted in writing to Contract Manager or designee for approval no less that twenty(20) days in advance of program implementation. Specific adaptations may not affect the core components of the program. vii. Community-based mentoring programs must be implementing the 4th edition of the Elements of Effective Page 88 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:Bi B5D4E5-El DD-4257-8CAA-230AUNE629 Practice for Mentoring found here: https://www.mentorin.g.org/program-resources/elements-of-effective- practice-for-mentoring/ viii. Enter approved programs, based on the priorities, goals and objectives described in the approved Strategic Plan, into the Minerva within thirty(30) business days of Action Plan approval or as directed by PSM. ix. Food costs are generally unallowable during program implementation except within the following parameters: a. Light refreshment costs for training events and meetings lasting longer than two (2) hours in duration are allowable. b. Ensure that light refreshment costs do not exceed $3.00 per person. c. Meals are not allowable costs with SOR funds. d. No more than a total of$1,000 of funds contracted for prevention services by DBHR may be spent on food or light refreshments per contract per year as designated in application and approved Action and Budget Plan. X. Dedicated Marijuana Account Funds (DMA) shall be used for program and strategy training and implementation. a. All programs planned and implemented with DMA shall be programs selected from the current DBHR provided youth marijuana use prevention and reduction program list located at https://www.theathenaforum.org/EBP. I. No less than eighty-five percent(85%) of DMA funds shall be expended on evidence- based or research-based programs on the identified program list. b. At the end of each SFY, Contractor must ensure this requirement is met. c. Up to fifteen percent(15%) of DMA funds may expended on Promising programs on the identified program list. d. At the end of each SFY, Contractor must ensure this requirement is met. 2. Prevention Training i. The Contractor shall participate in all required training events identified by HCA and listed in the applicable RFA. ii. Non-Required Training for CBOs a. In the absence of trainings identified in the approved action plan, all additional (non-required) training paid for by HCA shall be approved by Contract Manager or designee prior to training and meet the approved goals and objectives in approved Strategic Plan. b. The Contractor shall ensure any requests for training in addition to the approved training in the Strategic plan are requested in writing and sent directly to the Contract Manager or designee, a minimum of ten (10) business days before the date of the proposed training. Trainings shall relate to one(1) of the following three (3) categories: I. Coalition building and community organization. II. Capacity building regarding prevention theory and practice. Page 89 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 III. Capacity building for Evidence-based Practice and environmental strategy implementation, related to the goals and objectives of the coalition's approved strategic plan. c. The Contractor shall ensure training paid for by HCA that requires travel follows state travel reimbursement guidelines and rates accessible at www.ofm.wa.gov/policy/l0.90.htm. d. The Contractor shall bill for training events on an A-19 per billing code according to the Program/Fiscal Requirements and record training events in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting Systems or Minerva in accordance with the monthly reporting requirements described in Section 3 c., Prevention Report Schedule/Due Dates. 3. Media Materials i. HCA must be cited as the funding source in news releases, publications, and advertising messages created with or about HCA funding. The funding source shall be cited as:Washington State Health Care Authority. The HCA logo may also be used in place of the above citation. ii. Media materials and publications developed with HCA funds, including messaging specifically directed to youth, shall be submitted to the Contract Manager or designee for approval prior to publication (HCA will respond within five(5) business days). a. Exceptions: The Contractor does not need to submit the following items to Contract Manager or designee: i. Newsletters and fact sheets. ii. News coverage resulting from interviews with reporters. This includes online news coverage. iii. Newspaper editorials or letters to the editor. iv. Posts on Facebook, YouTube, Tumblr; Twitter, Instagram, Snapchat and other social media sites. v. When a statewide media message is developed by HCA, is localized, and if the only change is the local coalition information and funding source acknowledgment from coalition or public health entities. vi. When a national prevention media campaign is developed by SAMHSA, is localized, and if the only change is the local coalition information and funding source acknowledgement from coalition or public health entities. 4. Secure Prescription Take-Back and Lock Box project. Contractors who implement a Secure Prescription Take-Back and/or Lock Box project must ensure the following additional requirements: i. The Secure Prescription Take-Back and/or Lock Box project must align with the community needs assessment and will increase local capacity to address prescription drug misuse and abuse by reducing social availability of prescriptions in the community. ii. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the Secure Prescription Take-Back and/or Lock Box project as set forth below: Page 90 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A5267E629 a. Enhance community capacity to practice safe disposal of medications by promoting permanent secure drop box in the location where community readiness has been established. (Installation and disposal must follow all DEA rules and all federal and state laws and regulations). b. Collaborate with community partners to maintain and/or enhance policies and procedures necessary to maintain a permanent secure medicine take-back drop box. c. Overtime wages for law enforcement officers and staff as outlined in strategic plan and outside of normal duties and other real costs (including mileage reimbursement) associated with transporting and properly disposing of collected medicines at EPA approved locations may be permitted depending upon source of funds and must be approved by the Contract Manager in advance. d. Create, utilize and disseminate public education information materials to increase awareness of the secure medicine take-back project, local treatment resources, naloxone information and medical response (Good Samaritan law)cards. e. Disseminate public information including information on local treatment resources, naloxone information and medical response cards and posters. (Print ready materials are available online at www.stopoverdose.orgl. f. Utilize publications already available through HCA/DBHR and other websites. (i.e., SAMHSA Opioid Overdose Toolkit, and downloadable/printable materials on www.stopoverdose.org and www.takebackyourmeds.org. g. Submit locally-developed educational and informational materials to HCA/DBHR for approval at least ten (10) business days prior to publication. h. Prior to purchasing home medication lock boxes or bags the Contractor will submit to HCA/DBHR in writing a plan for the purchase and distribution of home medication storage device including the cost and source of the home storage devices, the number of devices to be purchased, a clear plan for distribution, and method for tracking the use of the devices. The Contractor must also demonstrate how the distributed home medication devices will be altered (by engraving, indelible ink, or other means)to have no cash value. i. Contractor is required to maintain records of pre and post surveys for lock box distribution and record in Minerva upon request from HCA/DBHR. 5. Reporting Requirements. i. Prevention Reporting Requirements The Contractor shall report on all requirements as identified in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System or Minerva. HCA reserves the right to add reporting requirements based on requirements of grants. ii. Prevention Activity Data Reports The Contractor shall: a. Ensure that monthly prevention activities are reported in the HCA Minerva in accordance with the requirements and timelines set forth. b. Ensure accurate and unduplicated reporting. Page 91 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 c. Ensure proper training of staff and designated staff for back-up Minerva data entry to meet report due dates. d. If special circumstances arise and Contractor is unable to enter the data by the reporting deadline(s), the Contractor shall ensure any requests for extensions to reporting deadlines are requested in writing and sent directly to the PSM via email five (5) business days before the report due date. e. The maximum extension request permitted is ten (10) business days. f. Monthly invoices submitted with active data entry extensions will be denied and may be re- submitted by Contractor once data for the month(s) in question is complete. g. Contractors with three(3) or more consecutive months of data entry extensions or late reporting or four(4) or more program data entry extensions or late reporting within a six(6) month period shall be required to submit a Corrective Action Plan to HCA. I. Extensions granted due to Minerva technical issues will be excluded from this count. h. Ensure all required demographic information is provided for individual participant; population reach; aggregate; environmental and mentoring or 1-to-1 services in Minerva. i. Report Community Coalition Coordination Staff Hours in Minerva for each month of the calendar year. j. Complete prevention reporting, according to the Schedule/Due Dates below: Reporting Period Report(s) Report Due Dates Reporting System Enter programs listed on Within 30 business Annually approved Strategic Action Plan days of Strategic Minerva by HCA into Minerva. Action Plan approval As requested GPRA Measures. As requested Minerva Prevention activity data input for all active services including Monthly community coalition coordination 151h of each month for staff hours and efforts, services, activities from the Minerva participant information,training, previous month evaluation tools and assessments. As requested As required by SAMHSA. As requested Minerva or as required iii. Outcome Measures a. The Contractor shall report on all required evaluation tools identified in Minerva that measure primary program objective. I. Pre/Post test are required for all recurring direct service programs. Page 92 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 II. The Coalition Assessment Tool is required to be completed by coalition members. III. Specific surveys for Information Dissemination or Environmental strategies/programs based on specific program to be determined and approved in Action Plan. b. Special situations and exceptions regarding evaluation tools identified in the Minerva include, but are not limited to, the following: 1. The Contractor may negotiate with the Contract Manager or designee to reduce multiple administrations of surveys to individual participants. II. Participants in recurring program groups in which the majority of participants are younger than ten (10) years old on the date of that group's first service. iv. Performance Work Statement/Evaluation. a. The Contractor shall ensure program results show positive outcomes for at least half of the participants in each program group as determined by Activity Log with individual participant sessions. I. "Positive outcomes" means that at least half of the participants in a group report positive improvement or maintenance as determined by the program measurable objective between pre and post-tests. II. Positive outcomes will be determined using the pre-test and post-test data reported in Minerva. III. Evaluation of Minerva data will occur on the 15th of the month following the final date of service for each group. b. HCA shall use the following protocol for evaluation: I. Matched pre-test and post-test pairs will be used in the analysis. 11. To allow for normal attendance drop-off, a 20% leeway will be given for missing post- tests. III. If there are missing post-tests for entered pre-tests in excess of 20% of pre-tests, missing post-test will be counted as a negative outcome. Example: there are ten (10) pre-tests and seven (7) post-tests. The denominator would be eight (8) and the maximum numerator would be seven (7). c. Different groups, as determined by Activity Logs, receiving the same program will be clustered by school district. I. In cases where multiple providers are serving the same school district, groups will be clustered by school district and provider. II. The results of one(1) provider in a given school district will not impact another provider in the same district. 1. In cases where the survey instrument selected for a given program includes more than one scale, the scale that is most closely aligned with the measurable objective linked to the program in Minerva will be used. Page 93 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230AUNE629 2. Results for groups, as determined by Activity Logs, with services that span two(2) contracting periods will be analyzed in the contracting period that the post-test was administered. III. If fewer than half of the participants in a group, as determined by Activity Log, within a given school district, report positive change in the intended outcome: 1. The Contractor shall submit a Performance Improvement Plan (PIP)for the non-compliant program to the Contract Manager or designee or designee within forty-five(45) calendar days of notice by HCA. 2. Reimbursement for the CSAP Category row on the A-19 for that program will be held until the PIP is approved by the Contractor Manager or designee or their designee. 3. If a second group, as determined by Activity Log, within that same school district has fewer than half of the participants report positive change in the intended outcome, then the following steps will be taken: a. In cases where there is no active non-compliant program, the Contractor shall discontinue implementation of that program within the specified geography. b. In cases where the same programs as the non-compliant program are active and continuing in the same school district, those groups, as determined by Activity Logs, will be allowed to complete the expected number of sessions. No new groups, as determined by Activity Logs, will be started. c. Following the conclusion of all groups, as determined by Activity Logs, completing the program, results will be reviewed for those groups. d. If the results do not show positive change for each groups, as determined by Activity Logs, the Contractor shall take the following action: i. In cases where the program is being delivered by a single provider in the specified geography, the Contractor shall discontinue implementation of that program in the specified geography. ii. In cases where the program is being delivered by multiple providers in the specified geography, the Contractor shall discontinue implementation of that program by the underperforming provider in the specified geography. IV. A program that resulted in the need for a Performance Improvement Plan and Plan during this contract period will not carry that record forward into the July 1, 2021 - June 30, 2023 contract period. Implement and monitor prevention programs and reporting to assure compliance with these guidelines. Page 94 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work DocuSign Envelope ID:BiB5D4E5-E1DD-4257-8CAA-230A52B7E629 6. Requirements i. Background Checks. a. The Contactor shall ensure a criminal background check is conducted for all staff members, case managers, outreach staff members, etc. or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental,disabilities. b. When providing services to youth, the Contractor shall ensure that requirements of WAC 388- 06-0170 are met. ii. Services and Activities to Racial/Ethnic Minorities and Diverse Populations. The Contractor shall: a. Ensure all services and activities provided by the Contractor or subcontractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all diverse populations. b. Initiate actions to ensure or improve access, retention, and cultural relevance of prevention or other appropriate services, for racial/ethnic minorities and other diverse populations in need of prevention services as identified in their needs assessment. c. Take the initiative to strengthen working relationships with other agencies serving these populations. The Contractor shall require its subcontractors to adhere to these requirements. iii. Continuing Education. Ensure that continuing education is provided for employees of any entity providing prevention activities in accordance with42 USC 300x-28(b) and 45 CFR 96.132(b). iv. Single Source Funding. a. The Contractor shall ensure all subcontractors that Single Source Funding means that a subcontractor can use only one source of funds at any given time. b. Each cost reimbursement Prevention service provided must be billed only one(1)time through the source selected for funding this expense.At no time may the same expense be billed through more than one(1)funding source. Page 95 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 11—Community Based Organization(CBO)Statement of Work MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Frazier Action Agenda x Public Hearing Other DEPARTMENT: Facilities EXT: 519 COMMISSION MEETING DATE: 11/3/2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 10/26/2020 BRIEFING PRESENTED-BY: Kelly Frazier [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the contract with Pacific Security for Mason County Weapons Screening and campus security for Mason County EXECUTIVE SUMMARY: : After reviewing all the applicants that applied through the RFP process Pacific Security was selected by a panel of 3 Superior Court Administrator, Dist. Court Administrator and Facilities Manager. BUDGET IMPACT: $26.07 per hour armed guard and $21.89 for the unarmed guard. Currently we have 2 armed 1 unarmed in a 9 hour day with staggered eight hour shifts to alleviate, except on rare circumstances, overtime. This amount is already budgeted for in the Courthouse Security budget. RECOMMENDED OR REQUESTED ACTION: Approval of the contract with Pacific Security for Mason County Weapons Screening and campus security ATTACHMENTS: Pacific Security contract and Pacific Security.RFP F96 SECURITY Contract for Security Services Client Site information Name: Mason County Courthouse T Project: Mason County Courthouse 11/1/2020-10/31/2021 City: Shelton Address: 411 N 5th Street State 8 Zip: WA 98584 Contact: Frank Pinter Title: Budget Manager Phone: (360)427-9670 Email: fpinter@co.mason.wa.us Fax: Cell: Billing lnformatronW. City: Shelton Address: PO Box 340 State&Zip: 1,NA 98584. Contact: Mason County Phone: PO#: Invoice Email Address: Parent Account: Agreement Client desires to have Pacific Security provide security services as described below for those premises indicated in this agreement.It is hereby agreed that Pacific Security will provide services under the following terms of this contract and per any attached addendum.Further,Pacific Security is a division of Parker Corporate Services,Inc.(PCS),and any reference in Contract for Security Services of Pacific Security is a reference.to PCS. Pacific Security agrees to provide the following security services to Client as specified below: Armed Security Officer:$26.07 per hour,per officer Unarmed Security Officer:$21.89 per hour per officer Staffing level: two(2)armed and'one(1)un-armed security personnel providing coverage nine(9)hours a day in staggered eight(8)hour shifts without incurring overtime with additional armed and unarmed security personnel as needed on a varying schedule. 1. Any security services,in addition to those set forth above,will be provided upon Client's written request and incorporated into this Agreement. 2. Scheduling changes with less than 24 hour notice will be billed at time and a half rate. 3. Payments shall be made payable to Pacific Security,sent to.2009 Iron Street,Bellingham,WA 98225. 4. All payments for security services by the Client are due and payable upon receipt of invoice and past due 3d days thereafter. 5. Should either party wish to terminate this Agreement,they may do so by giving the other party at least 30days advance written notice of the date desired for termination of security services. 6. There is a 4 hour minimum charge for all hourly services.Employee breaks are included in scheduled time in accordance with WA State law. 7, .Any services cancelled with less than 12 hour notice%vill be subject to a four-hour minimum charge per security officer. 8. Requested overtime and federal holiday coverage will be billed at time and a half rate. 9. Client will be billed an additional 1 Y.%service charge per month on the balance of all past due accounts.Client further agrees to pay attot'ney fees and other collection costs if incurred.Pacific Security's corporate headquarters is located in Whatcom County,Washington.it is understood that in the event of suit or action,all litigation will take place in Bellingham,Whatcom County,Washington.'The Client understands that they are waiving their right to litigate outside of Whatcom County,Washington;Client gives their permission to Pacific Security andlor its agents to verify and or supplement the informatiomstated hereon. 10. There will bean annual 3%rate increase. Records will be maintained regarding the contracted security services,indicating the dates and times. Remarks will be made for those things which appear to require Client's attention or Incidents of interest which may Nava occurred,but did not warrant notifying the Client or!aw enforcement. Pacific Security retains records of service for a period of one year and such records are available to Client upon request. Client Representative The undersigned agrees to mace payment of a!!sr.rns owes:pursuant of this Agreemen and further agree°to all ;c;Vo;,al teat:.of , Client Signature: _ Date: Signature indicates Client has read and accepts terms of pages 1-3 of Contract Client Name: Title/Position: Pacific Security Rep: Bud Tweten Sales 8,Development Date: October 21,2020 Agreement page•t of 3 Contract for Security Services . Pacific Security A division of Parlrer Corporate Services,Inc. Pacific Security is a division of Parker Corporate Services,Inc.(PCs).Any directors or employees, then this indemnity provision shall be -va!id ar4. reference in Contract for Services of Pacific Security is a reference to Parker enforceable only to the extent of that particular party's neg!igenrr,or that uF i". Corporate Services,Inc. officers, agents, elected officials, directors or employees. The obligation,s !- forth in this section shall survive the expiration or earlier teirn!nation of 1.Billing&Payment Agreement Client agrees to pay a service charge of 1.5%per month on the balance due of all past due accounts, plus all collection and attorney fees, which may be 9.Agreement Legality incurred by PCs in the collection of any invoice(s), not paid pursuant to It is agreed by and between,the Client and PCS,that if any terms or prcvisicr;s the forms of this Agreement.Client agrees to 3%processing charge for credit of this Agreement and attached addendum(s)shall be determined to be card payments or other payment methods that charge PCS a fee to process.. or illegal, all the remaining terms and provisions shall remain in foil force an,�. effect. 2.Cancellation Due to Non-Payment Notwithstanding anything to the contrary herein, PCs may terminate this 10.Client Will Not Hire PCS Employees Agreement at any time after written notice to Client's last known address Except as provided,in this Agreement,Client agrees tilat it will not directly tiirF effective on date of mailing, due to Client's failure to pay any Monies due or employ a PCS employee currently employed by PCS within one (1) ya-:� hereunder,or if at any time during the-term of this Agreement there shall be filed following the ternination of this agreement by or against Client in any court pursuant to any statute,' a petition-in bankruptcy, insolvency, reorganization or the appointment of a receiver to 11.Client Assumes Responsibility,If Client Gives Instruction receive all or a portion of the Client's property. The security officers furnished by PCS wifi perform sugh services as agre•_c- upon by PCS and Clio^t. The Securi y•'sec✓cos shall. be pe fcrerx `3.Agreement Tera and Renev✓at accordance with PCS pb!icy c:nu r:ocedures ancr..g :u:::al.indtr.,ti;S`a: Beth parties agree that this Agreement shall commence on start of service and ine Client alters any instructions or directions given by PCS to a,:y sacrt.. be in full force and effect for'a period of one year (the "Initial Terra'). The officers and such direction or supervision is inconsistent with applic.ble pc;ic: Agreement will automatically renew for one year periods(the"Renewal Term") and procedures or industry standards, or if the Client assumes any dire-t unless tenrrinated pursuant to Section 2 above. The Initial Term and Renewal supervision or direction of the security officers, the Client shall be so!ely.lia Te.-m shall be collectively referred to herein as the"Term". for any and all losses,claims, expenses or damages arising from or relative:t� the negligent actions or omissions of such security officers. 4.Termination without Cause. Either party may terminate this Agreement at any time by giving thirty(30)days 12.PCS Allowed Access to PCs Equipment advance written notice to the other party. Any and 611 property, equipment,-supplies an_ materials furnished by.PCS hereunder and places at or on of the Agreement,shall remain the prrpo;'! 5.PCS is not an Insurer of PCS,and PCS shall at ail times during and after the term of this Agreernr:r?? The nature and level of security services provided were determined solely by have the sole and exclusive right to install,maintain, rcp:ace and rornove.sLi,"h he Client and Client acknowledges that additional security services were property,equipment,`supplies and mateda!s. available to Client at an additional cost.PCS's liability exposure shall be limited -to an amount not to exceed $1,000,000.00. PCS will add client as an 13.Client Emergency Mione Number List Additionally Insured to its General Liability Policy and provide a copy of that Client agrees to.provide PCS withithe nanies and phone numbers of•perScnS•t!s. certificate when requested in writing by client. be contacted in case`of all emergency. It is the responsibility of the CI'.ent ty update the emergency information and to keep'it current Further, it is tha 6.Client Alarm Systems Client's responsibility to inform PCS of any charges affecting the.protectF.J: In-the event customer's premises are protected by an alarm system: A). If premises. Client agrees that.PCS shall not be responsible for any loss 'cr Client contacts PCS to respond to an alarm, PCS cannot guarantee any : damage,which is caused,by Client's failure or inability,to notify PCS of changes minimum response.time, but will respond in a reasonable and efficient manner, concerning the Client's premises or to update emergency information.. when notified; B). In checking or..inspecting the Clients premises after responding to an alarm PCs,its agents or employees will take whatever actions 1.4.Client Is Responsible For Insurance of Their Gwn'Vehicles that would be taken by a reasonable;person,under similar circumstances,and it In the evert PCS employees are requested or required to use let; vehic!es In will be judged by that standard; and;C). PCS shall not be responsible for the performance of.their duties,such vehicles sha!I be fully insured by the Client payment of any charges assessed by law enforcement agencies forresponding and Clier:t assumes any and all liability for any injury to person or damage-to ge -* to.false alarms. property resulting from the use of Client vehicles, unless other arfangerri.r•t•a have been made in writing and are agreed upon by Client in writng. 7:Liability for Loss of Keys PCS will endeavor to maintain key control,within industry standards.If Clients 15.This Agreement Supersedes Prior Agreements keys are lost or stolen,the limit of liability payable to the Client by PCS shall not This Agreement supersedes any and W prior Agreements, oral or mrtte�, exceed$500.00. beheeen the parties. No other Agreement or represente°.'ons, oral or wriftrr, have been made by PCS. Any.alteration,'riodificaEon o: ^,terc':nsnt c; U.Client Indemnity Agreement Agreement must-be in-writing;containing the sigralure of ail!sLtI-Crixrx Each-party agrees to defend and hold the other.parts and its respective officers, representative-of each party.,.The.parties agree that there are no third pa:tj agents, elected officials, directors and employees harmless from any and all beneficiaries to this Agreement.. r damages, costs,expenses and fees,including reasonable attorney's fees, and from any judgments and suits at law,or equity of whatsoever nature(hereinafter '16.Agreement to Correspondence •: . "actions")brought against the other party directly or indirectly arising from,or in Client and PCS-agree that all contacts,correspondence,addendum,and other. connection with,or incident to(1)a breach of the provisions of this Agreement by written material transmitted by mail, fax, e-mail,-and/or any other means•o. the party or(ii)the negligent or intentional acts or omissions of that party or its commonly accepted communications shall be legally binding upon both parties. officers, agents, directors or employees in connection with this Agreement; provided that nothing herein shall require either party to hold the other party 17.Acceptance of Service Is an Acceptance of Agreement harmless from actions caused by or-resulting from the sole negligence of said In the event.this.Agreementis subn;itted to the Client for the::!ier,t's Siorstan;, . party,its officers,agents,elected officials,directors or employees,and provided and service is accepted and being prowided,•this Agreement will, in its ent r:'tI. further, that-if any such actions are caused by or result from the concurrent be binding and in fu!fforce unless otherMse expressed in writing. negligence of the parties or ilieir respective officers, agents, elected officials, Client Signature: — _ Date- —_-- _--•- _ Client: Mason County Courthouse 411 tv 5th Street Agreement page 2 of 3 6 r r e7:;' - �VL.T MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Human Resources EXT: 422 COMMISSION MEETING DATE: 11/3/20 Agenda Item (Commissioner staff to complete) BRIEFING DATE: 10/23/20 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 2020-76 to revise the Non-Represented Salary Scale Range Alignment by approving a 2% general wage increase effective January 1, 2021. Background: The Board has determined that a 2% general wage increase for all Non-Represented employees to maintain parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED OR REQUESTED ACTION: Approval to amend Resolution 2020- 7E to revise the Non-Represented Salary Scale Range Alignment by approving a 2% general wage increase effective January 1, 2021. ATTACHMENT: Resolution and Non=Represented Salary Scale Range Alignment RESOLUTION NO. AMENDING RESOLUTION NO. 2020-76 TO REVISE THE NON-REPRESENTED SALARY SCALE RANGE ALIGNEMENT BY APPROVING A 2% GENERAL WAGE INCREASE EFFECTIVE JANUARY 1, 2021 WHEREAS, RCW 36.16.070 states that"...the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget..."; and WHEREAS, RCW 36.16.070 states that"...In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation..."; and WHEREAS, the Board has determined that a 2% general wage increase for all.Non- Represented employees to maintain parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County; and WHEREAS, consistent with Board Resolution No. 2020-76, the Board will continue to allow step increases for Non-Represented employees, consistent with policy; and NOW, THEREFORE BE IT RESOLVED;the Board of County Commissioners does hereby amend the Non-Represented Salary Table by 2% general wage increase effective January 1, 2021. DATED this day of November 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Prosecutor Kevin Shutty, Commissioner Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 46 Community Services Director 1015 Public Works & Utilities Director 4005 Support Services Director 1156 Undersheriff 3000 44 Deputy Director Public Works/Utilities &Waste Mgmt 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 41 Jail Lieutenant 3005 40 Engineering and Construction Manager 4030 Administrator, Probation & Juvenile Services 1050 Community Development Administrator 39 Chief Finance Officer 2000 38 DEM/IT/Parks &Trails Manager 2059 Water&Wastewater Manager 4015 Chief Civil Deputy 3001 County Surveyor 4058 Facilities Manager 2058 35 District Court Administrator 1180 Superior Court Administrator 1190 Juvenile Court Services Deputy Administrator 1052 34 Road Operations & Maintenance Manager 4021 33 Engineer III 4033 Personal Health Manager 2171 Environmental Health Manager 2169 32 Budget Manager 1155 Project Support Services Manager 4201 . 31 Public Works Finance Manager 2011 30 Engineering & Construction Assistant Manager 4029 Page I 1 of 2 Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 29 Equipment Maintenance Supervisor 4080 Finance Manager 2010 Road Operations & Maintenance Supervisor 4022 Chief Deputy Treasurer 1139 Administrative Services Manager' 1153 Human Resources/Risk Manager 1154 Chief Deputy Assessor 1099 Administrative Manager 2149. Chief Deputy Clerk 1108 28 Engineer II 4032 27 Elections Superintendent 1080 26 Engineer 1 4031 25 Program Manager 1 2200 Therapeutic Court Program Manager 2199 23 Public Works Office Administrator 2045 21 Financial Analyst Risk &Safety Compliance Manager 1057 Personnel Analyst 1152 - Noxious Weed Coordinator 2226 Personnel & Risk Analyst 20 Office Manager 2040 19 Official Court Recorder/Judicial Assistant 1193 Official Court Recorder/Family Law Facilitator 1192 Clerk of the Board/Records Specialist 1056 Administrative Clerk 1055 17 Administrative Assistant 1040 13 Administrative Secretary 1046 Legal Secretary 2152 Victim/Witness Advocate 2154 11 Senior Deputy Coroner 3071 10 Receptionist/Secretary 2041 Therapeutic Courts Caseworker 1185 1 Central Shop Assistant 4099 Page 12 of 2 Estimated 2021 Salary Scale with 2%increase-MUNIS will calculate actual Salary Scale. RANGE ENTRY ENTRY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MAX ANNUAL ANNUAL "Step 0" 46 $ 118,229.83 $ 9,852.49 $ 10,105.16 $ 10,364.26 $ 10,629.95 $ 10,902.56 $ 11,182.06 $ 134,184.67 45 $ 96,296.00 $ 8,024.67 $ 8,424.63 $ 8,847.03 $ 8,890.46 $ 9,295.44 $ 9,526.15 $ 114,313.77 44 $ 93,981.41 $ 7,831.78 $ 8,224.61 $ 8,636.38 $ 8,851.72 $ 9,072.98 $ 9,300.16 $ 111,601.87 43 $ 91,681.27 $ 7,640.11 $ 8,022.32 $ 8,423.40 $ 8,635.22 $ 8,849.36 $ 9,071.80 $ 108,861.58 42 $ 89,536.82 $ 7,461.40 $ 7,834.17 $ 8,224.61 $ 8,431.69 $ 8,642.30 $ 8,857.64 $ 106,291.67 41 $ 87,322.12 $ 7,276.84 $ 7,640.11 $ 8,023.44 $ 8,223.44 $ 8,429.32 $ 8,639.93 $ 103,679.16 40 $ 85,263.35 $ 7,105.28 $ 7,461.40 $ 7,832.97 $ 8,029.42 $ 8,230.56 $ 8,436.42 $ 101,237.04 39 $ 83,176.43 $ 6,931.37 $ 7,364.25 $ 7,642.49 $ 7,832.97 $ 8,029.42 $ 8,230.56 $ 98,766.76 38 $ 81,188.65 $ 6,765.72 $ 7,104.10 $ 7,459.06 -$ 7,647.23 $ 7,835.29 $ 8,032.93 $ 96,395.14 37 $ 79,200.63 $ 6,600.05 $ 6,930.17. $ 7,278.05 $ 7,459.06 $ 7,646.04 $ 7,836.50 $ 94,037.96 36 $ 77,312.25 $ 6,442.69 $ 6,765.72 $ 7,104.10 $ 7,282.76 $ 7,465.03 $ 7,651.92 $ 91,823.01 35 $ 75,452.26 $ 6,287.69 $ 6,602.40 -$ 6,932.53 $ 7,105.28 $ 7,283.92 $ 7,466.20 $ 89,594.35 34 $ 73,663.01 $ 6,138.58 $ 6,443.89 $ 6,766.90 $ 6,936.08 $ 7,109.99 $ 7,287.51 $ 87,450.15 33 $ 71,859.57 $ 5,988.30 $ 6,287.69 $ 6,602.40 $ 6,766.90 $ 6,936.08 $ 7,109.99 $ 85,319.90 32 $ 70,170.21 $ 5,847.52 $ 6,139.77 $ 6,445.05 $ 6,605.95 $ 6,771.60 $ 6,940.83 $ 83,290.02 31. $ 68,409.85 $ 5,700.82 $ 5,987.13 $ 6,286.50 $ 6,442.69 $ 6,604.74 $ 6,770.41 $ 81,244.96 30 $ 66,818.89 $ 5,568.24 $ 5,846.31 $ 6,138.58 $ 6,292.38 $ 6,447.40 $ 6,609.48 $ 79,313.73 29 $ 65,200.77 $ 5,433.40 $ 5,703.17 $ 5,988.30 $ 6,139.77 $ 6,292.38 $ 6,449.79 $ 77,397.44 28 $ 63,638.45 $ 5,303.20 $ 5,568.24 $ 5,846.31 $ 5,991.85 $ 6,143.32 $ 6,297.13 $ 75,565.60 27 $ 62,091.07 $ 5,174.26 $ 5,432.21 $ 5,701.98 $ 5,846.31 $ 5,991.85 $ 6,140.97 $ 73,691.65 26 $ 60,614.44 $ 5,051.20 $ 5,303.20 $ 5,568.24 $ 5,705.51 $ 5,849.86 $ 5,996.60 $ 71,959.20 25 $ 59,123.61 $ 4,926.97 $ 5,173.03 $ 5,431.07 $ 5,567.08 $ 5,704.35 $ 5,848.68 $ 70,184.16 24 $ 57,732.16 $ 4,811.01 $ 5,051.20 $ 5,303.20 $ 5,435.76 $ 5,570.65 $ 5,711.47 $ 68,537.64 23 $ 56,311.59 $ 4,692.63 $ 4,926.97 $ 5,173.03 $ 5,303.20 $ 5,435.76 $ 5,570.65 $ 66,847.78 22 $ 54,977.67 $ 4,581.47 $ _4,811.01 $ 5,052.41 $ 5,177.79 $ 5,306.75 $ 5,439.29 $ 65,271.51 21 $ 53,628.58 $ 4,469.05 $ 4,692.63 $ 4,928.15 $ 5,051.20 $ 5,176.62 $ 5,305.59 $ 63,667.09 20 $ 52,336.53 $ 4,361.38 $ 4,580.29 $ 4,809.81 $ 4,929.31 $ 5,053.57 $ 5,178.99 $ 62,147.87 19 $ 51,072.38 $ 4,256.03 $ 4,469.05 $ 4,692.63 $ 4,811.01 $ 4,930.50 $ 5,054.75 $ 60,657.03 18 $ 49,866.00 $ 4,155.50 $ 4,362.56 $ 4,581.47 $ 4,695.04 $ 4,813.38 $ 4,932.90 $ 59,194.84 17 $ 48,644.94 $ 4,053.75 $ 4,257.21 $ 4,470.25 $ 4,582.68 $ 4,696.22 $ 4,814.56 $ 57,774.76 16 $ 47,480.43 $ 3,956.70 $ 4,155.50 $ 4,362.56 $ 4,472.62 $ 4,583.86 $ 4,697.39 $ 56,368.63 15 $ 46,330.36 $ 3,860.86 $ 4,054.93 $ 4,256.03 $ 4,361.38 $ 4,469.05 $ 4,581.47 $ 54,977.67 14 $ 45,209.17 $ 3,767.43 $ 3,955.54 $ 4,153.13 $ 4,257.21 $ 4,363.74 $ 4,473.80 $ 53,685.62 13 $ 44,115.41 $ 3,676.28 $ 3,859.70 $ 4,053.75 $ 4,154.32 $ 4,258.42 $ 4,364.95 $ 52,379.37 12 $ 43,050.77 $ 3,587.56 $ 3,767.43 $ 3,955.54 $ 4,054.93 $ 4,156.70 $ 4,259.60 $ 51,115.22 11 $ 42,014.29 $ 3,501.19 $ 3,676.28 $ 3,859.70 $ 3,956.70 $ 4,056.11 $ 4,156.70 $ 49,880.45 10 $ 41,020.16 $ 3,418.35 $ 3,587.56 $ 3,767.43 $ 3,860.86 $ 3,957.91 $ 4,057.29 $ 48,687.54 9 $ 40,012.07 $ 3,334.34 $ 3,501.19 $ 3,676.28 $ 3,767.43 $ 3,862.07 $ 3,957.91 $ 47,494.87 8 $ 39,060.78 $ 3,255.06 $ 3,415.96 $ 3,587.56 $ 3,677.47 $ "3,768.57 $ 3,863.25 $ 46,359.00 7 $ 38,095.04 $ 3,174.59 $ 3,334.34 $ 3,501.19 $ 3,587.56 $ 3,677.47 $ 3,770.98 $ 45,251.77 6 $ 37,201.03 $ 3,100.09 $ 3,256.27 $ 3,418.35 $ 3,503.54 $ 3,591.09 $ 3,681.04 $ 44,172.45 5 $ 36,292.09 $ 3,024.34 $ 3,174.59 $ 3,334.34 $ 3,418.35 $ 3,503.54 $ 3,591.09 $ 43,093.12 4 $ 35,440.43 $ 2,953.37 $ 3,100.09 $ 3,256.27 $ 3,337.97 $ 3,421.90 $ 3,505.94 $ 42,071.33 3 $ 34,573.84 $ 2,881.15 $ 3,025.52 $ 3,175.77 $ 3,256.27 $ 3,337.95 $ 3,421.90 $ 41,062.75 2 $ 33,736.38 $ 2,811.36 $ 2,952.17 $ 3,100.09 $ 3,176.93 $ 3,257.43 $ 3,337.95 $ 40,055.40 1 $ 32,941.02 $ 2,745.09 $ 2,881.15 $ 3,024.34 $ 3,100.09 $ 3,176.93 $ 3,257.43 $ 39,089.17 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Human Resources EXT: 422 COMMISSION MEETING DATE: 11/3120 Agenda Item # 8.12 (Commissioner staff to complete) BRIEFING DATE: 10/23/20 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 2020-28 Mason County Personnel Policy, to amend Chapter 4.3, Compensatory Time removing the ability to bank time earned and to require payout of any accrued within the year on the December 25th payroll and add additional language in Chapter 7.10, Holidays to include Christmas Eve. Background: Mason County Board of County Commissioners continue to reduce the future liability of employee benefits authorized annually. Removing the ability to bank Compensatory time reduces the liability by paying the accrued leave in the year it is earned, rather than banking it and paying it at a higher salary rate in the future. Represented employees have negotiated Christmas Eve as a holiday, including this in the Personnel Policy brings holiday parity for the Non Represented employees. RECOMMENDED OR REQUESTED ACTION: Approval to amend Resolution 2020- 28 Mason County Personnel Policy,'to amend Chapter 4.3, Compensatory Time removing the ability to bank time earned and to require payout of any accrued within the year on the December 25th payroll and add additional language in Chapter 7.10, Holidays to include Christmas Eve. ATTACHMENT: Resolution and Mason County Personnel Policy RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 2020-28 MASON COUNTY PERSONNEL POLICY AMENDING CHAPTER 4.3 COMPENSATORY TIME AND CHAPTER 7.10 HOLIDAYS 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 amend the current language in Chapters 4.3, Compensatory Time and 7.10 Holidays; and NOW, THEREFORE, BE IT RESOLVED, the Board of Mason.County Commissioners hereby amends Resolution 2020-28, Mason County Personnel Policy amending Chapters 4.3, Compensatory Time and 7.10 Holidays as outlined in Attachment A. This resolution shall become effective immediately upon its passage. ADOPTED THIS day of November 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Kevin Shutty, Commissioner Timothy White , Deputy Prosecuting Attorney C: Elected Officials&Department Heads 1 co ' 1854 MASON COUNTY PERSONNEL POLICIES Revised November 3, 2020 - RESOLUTION No. 2020-XX 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, 2o16 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. 89-19, September 3, 2019 Revised Chapter 16.7- RESOLUTION No. 96-19, October 8, 2019 Revised Chapter 7.9 and 8.5 - RESOLUTION No. 2020-01,January 7, 2020 Revised Chapter 13 - RESOLUTION No. 2020-24 March 3, 2020 Revised Chapter 4.5 - RESOLUTION No. 2020-28, March 17, 2020 Revised Chapter 4.3 and 7.10 - RESOLUTION No. 202o-XX, November 3, 2020 Mason County Personnel Policies Page ii Table of Contents CHAPTER1 PURPOSE AND SCOPE ..........................................................................................................1 1.1 INTRODUCTION........................................................................................................................1 1.2 INTENT OF POLICIES.................................................................................................................1 1.3 SCOPE OF POLICIES..................................................................................................................1 1.4 CHANGING THESE POLICIES.....................................................................................................2 1.5 DEFINITIONS.............................................................................................................................2 CHAPTER 2 GENERAL POLICIES AND PRACTICES...................................................................................3 2.1 EMPLOYEE PERSONNEL RECORDS.........................................................................................3 2.2 EMPLOYMENT REFERENCES....................................................................................................3 CHAPTER3 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 CHAPTER5 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 SALARY FOR EXEMPT EMPLOYEES.......................................................................................19 5.6 DEDUCTIONS ..........................................................................................................................19 Mason County Personnel Policies Page iii 5.7 TRAVEL EXPENSE REIMBURSEMENT....................................................................................20 5.8 COMPENSATION UPON TERMINATION................................................................................23 5.9 RECRUITING EXPENSES..........................................................................................................23 5.10 . UNIFORM ALLOWANCE.........................................................................................................24 CHAPTER6 BENEFITS.............................................................................................................................26 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 J U RY AN D WITN ESS LEAVE...................................................................................................40 7.5 ADMINISTRATIVE LEAVE.......................................................................................................40 7.6 MILITARY LEAVE....................................................................................................................40 7.7 FAMILY LEAVE.........................................................................................................................41 7.8 BEREAVEMENT LEAVE............................................................................................................43 7.9 WASHINGTON PAID FAMILY&MEDICAL LEAVE..................................................................43 7.10 HOLIDAYS...........................................................................................:....................................45 7.11 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE........................................................46 7.12 BENEFITS FOR PART-TIMEAND EXTRA HELP EMPLOYEES ................................................46 CHAPTER 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT................................................................48 8.1 GENERAL CODE OF CONDUCT..............................................................................................48 8.2 OUTSIDE EMPLOYMENTAND CONFLICTS OF INTEREST....................................................48 8.3 REPORTING IMPROPER GOVERNMENTAL ACTION ............................................................49 8.4 POLITICAL ACTIVITIES................................................................::..........................................51 8.5 NO SMOKING POLICY.............................................................................................................52 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS.....................................53 8.7 USE OF COUNTY EQUIPMENT...............................................................................................54 8.8 BULLETIN BOARDS.................................................................................................................54 Mason County Personnel Policies Page iv 8.9 CONTACT WITH THE NEWS MEDIA........................................................................................54 8.10 SOLICITATIONS.......................................................................................................................54 8.11 SAFETY....................................................................................................................................55 8.12 SUBSTANCE ABUSE................................................................................................................55 8.13 USING POSITION FOR PERSONAL GAIN............................................................................... 56 CHAPTER 9 LAYOFF AND RESIGNATION...............................................................................................57 9.1 LAYOFF....................................................................................................................................57 9.2 RESIGNATION ..........................................................................................................................57 CHAPTER 10 COMPLAINT PROCEDURES...............................................................................................58 10.1 COMPLAINT PROCEDURES....................................................................................................58 CHAPTER 11 EDUCATIONAL ASSISTANCE.............................................................................................59 11.1 INTRODUCTION......................................................................................................................59 11.2 OBJECTIVE...............................................................................................................................59 11.3 PROCEDURES:.........................................................................................................................59 CHAPTER 12 NON-DISCRIMINATION & HARASSMENT POLICY...........................................................61 12.1 PURPOSE.................................................................................................................................61 12.2 NONDISCRIMINATION ...........................................................................................................61 12.3 POLICY.....................................................................................................................................61 12.4 EQUAL OPPORTUNITY FOR PERSONS WITH DISABILITIES.................................................62 12.5 EMPLOYEE RESPONSIBILITIES...............................................................................................63 12.6 SUPERVISOR/MANAGER RESPONSIBILITIES....................................:...................................63 12.7 COUNTY RESPONSIBILITIES...................................................................................................63 12.8 COMPLAINT PROCEDURE..................................................................................................... 64 12.9 INTERNAL DISCRIMINATION COMPLAINT FORM...............................................................66 CHAPTER 13 VEHICLE USE POLICY........................................................................................................67 13.1 VEHICLE USE AND SCOPE.......................................................................................................67 13.2 VEHICLE USE POLICY DEFINITIONS.......................................................................................67 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS.................................................................................................................69 13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 12/31/16)...............................................69 13.5 EMERGENCY RESPONSES ......................................................................................................70 13.6 SPECIAL EQUIPMENT VEHICLES............................................................................................71 Mason County Personnel Policies Page v 13.7 ECONOMIC BENEFIT TOTHECOUNTY..................................................................................71 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT...............................................................71 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES.................................................72 13.10 BUDGET MANAGEMENT RESPONSIBILITIES ........................................................................72 13.11 DEPARTMENT HEADS AND,ELECTED OFFICIALS RESPONSIBILITIES..................................72 13.12 SHERIFF'S OFFICE RESPONSIBILITIES...................................................................................73 13.13 EMPLOYEE'S RESPONSIBILITIES............................................................................................74 13.14 FINANCIAL SERVICES— PAYROLL RESPONSIBILITIES..........................................................74 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS.........................................................74 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS.......................................................75 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS.......................................................76 13.18 INCIDENTAL TRAVEL AND STOPS..........................................................................................76 13.19 POLITICAL USE OF COUNTY VEHICLES..................................................................................76 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS...........................................................76 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS................................................................................................................................76 13.22 VEHICLE USE AGREEMENT(VUA)-REQUEST FOR DRIVING RECORD................................78 13.23 DRIVER DISQUALIFICATION AND REVIEW............................................................................79 13.24 ACCIDENTS AND CITATIONS..................................................................................................79 13.25 COMMERCIAL DRIVER LICENSE............................................................................................80 13.26 COUNTY VEHICLE RELATED PURCHASES.............................................................................80 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES........................................80 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE............................................81 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE.....................................................................81 13.30 GENERAL MOTOR VEHICLE SAFETY......................................................................................81 13.31 SAFETY....................................................................................................................................82 CHAPTER 14 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY................................................83 14.1 ELECTRONIC INFORMATION POLICY....................................................................................83 l 14.2 ELECTRONIC INFORMATION POLICY DEFINITIONS.............................................................83 14.3 ROLES AND RESPONSIBILITIES .............................................................................................83 14.4 EQUIPMENTAND PROGRAMS.............................................................................................. 84 14.5 E-MAILAND VOICE MAIL(Electronic Communications).....................................................84 Mason County Personnel Policies Page vi 14.6 EMAIL MANAGEMENT............................................................................................................85 14.7 I NTERN ET ACCESS..................................................................................................................87 14.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES......................................88 14.9 MONITORING,AUDITING AND INSPECTION .......................................................................89 CHAPTER 15-SOCIAL MEDIA POLICY......................................................................................................90 15.1 SOCIAL MEDIA POLICY..........................................................................................................go 15.2 BLOGGING POLICY................................................................................................................. 94 15.3 FACEBOOK STANDARDS POLICY...........................................................................................97 15.4 TWITTER STANDARDS POLICY..............................................................................................99 CHAPTER 16 CELLULAR TELEPHONE POLICY.....................................................................................101 16.1 CELLULAR TELEPHONE POLICY DEFINITIONS.....................................................................101 16.2 COUNTY OWNED CELLULAR PHONES.................................................................................101 16.3 USE OF CELLULAR PHONES.................................................................................................102 16.4 PERSONAL USE OF CELLULAR PHONES..............................................................................102 16.5 TERMINATION OF USE OF COUNTY OWNED CELLULAR PHONES....................................102 16.6 RECORDS RETENTION OF CELL PHONE RECORD...............................................................102 16.7 SERVICE BILLING...................................................................................................................103 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(40) hours a week. Regular Part-Time Employee:An employee who holds a budgeted position and who regularly works less than forty(40) hours a week. 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. L .1 Policy Statement employees will be issued and must wear and visibly display photo identification badges as ovided by Mason County. Identification badges must be worn in a manner that allows the ntification of an employee by photo,first and last names, department, position, and ique identifying number. son 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 ID 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 I D badge.Any lost or damaged I D 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 I D 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 I D 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 I D badge to their supervisor pending return to work. 23.5 Identification Holder Responsibilities • Do not lend your ID badge to anyone. • Do not leave I D badge on dash of vehicle or other locations where exposed to extreme temperatures or theft. • Do not fold, bend, or mutilate your I D 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 22-18,4/318 Mason 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; z. 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; 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). RESOLUTION 8 -1 h9-] 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. No rollover comp time can be banked, and the allowed forty(40) hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. 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. Mason County Personnel Policies Page 10 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. -RESOLUTION 89-1— 3A9 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,total power outages, or other public health emergencies, 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 Mason County Personnel Policies Page 11 leave is not available,to leave without pay. In no event shall the decision that some employees cannot work due to conditions at their work location, entitle other employees who worked, compensation beyond their regular pay. The decision to send employees home or tell them not to report to work shall be made by the Elected Official or Department Head responsible for the work location and is subject to the prior approval of the Board or a single Board member if only one Board member is available. If no Board member is available,the decision of the Elected Official or Department Head shall be final. Such 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:oo 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 lo:oo a.m.or 12:3o 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. Mason County Personnel Policies Page 12 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:oo 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 duration of the suspension. Support Services will contact the media and the Emergency Management/Information Technology Manager or designee. 7. The Emergency Management/Information Technology Manager or designee shall update the County website with the closure information and broadcast an AlertSense 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 o-16-lo[18/16 4.6 BREAKS AND MEALTIME Employees will be allowed up to a one(1)hour unpaid lunch period as approved and scheduled . by the employee's supervisor. Employees may take one (1)fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. The scheduling of meal periods may vary depending on 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, zo o). 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) z. Private and secure rooms to express milk or breastfeed (lactation room) 3. Employee responsibilities 4. Education and support Mason County Personnel Policies Page 13 5. Anti-discrimination, harassment or retaliation 6. Employee Notification 1. 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 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 Mason County Personnel Policies Page 14 and scheduling information can be found at: http://www.co.mason.wa.us/forms/human- resources/lactation-rooms.pdf If no lactation room or other suitable space is available, contact Human Resources for additional assistance or questions at extension 268. 3. Employee Responsibilities 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. Mason County Personnel Policies Page 15 • Human Resources or management shall provide a copy of the Breastfeeding Accommodation Policy and Procedures when they become aware of an employee preparing for an approaching childbirth or maternity leave. [PER RESOLUTION 37-14--7/8/14.] 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 either is between steps of the salary range or exceeds the top step of the salary range.A Y-Rate shall remain in effect until such time as a step of the salary range for the employee's job classification equals or exceeds the Y-Rate or the Board of County Commissioners rescinds their authorization for the Y-Rate. Pay increases are contingent on satisfactory performance. If an employee's performance is consistently unsatisfactory,the Elected Official or Department Head may defer a scheduled pay increase for a stipulated period 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 1-15—121212_2/151 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 04-o%1/8/08] 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). -RESOLUTION 8g-1 h9] 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 271121 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 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, 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 U0,_q/�3 IQ] 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 9SLo4,to 26�] 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 z.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 49.4-6 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.t7 RCW is not deemed to be employee wearing apparel. RESOLUTION 89-19=9�3/1 r 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 workdays lost and medical costs due to job-related injuries or illnesses.All job-related accidents should be reported immediately to the supervisor along with a completed accident/incident report. When an employee is absent for one or more days or receives medical attention due to an on-the-job injury, 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 10711 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 95-04,101261041 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 go days after their hire date. • Per RCW,3_ 4.loo district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility(RCW�46.olo) • 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(8o) 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: POLICY Hours Per�Yearamount earned15 on (Basetl on tTE WPSL- Approx Hours } all non e�rempt Approximately 4 Per Month employes 'hours a month (Total of WPSL& (FTE-=96Ka11' x s others pro-rated) #of Hours #of Hours of addluonal hours Regular..PT per`,month for Worked£ WPSL N ' t 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 80.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 (1,20o 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) Agrandchild; 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 FMLA.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 9q 2.265 (6)and 1.12.080 o Parent means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child; o Parent-in-law means a parent of the spouse or of a partner in a state registered domestic partnership of an employee; and o Grandparent means a parent of a parent of an employee. Mason County Personnel Policies Page 33 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in lo-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 10 working days, or as early as possible, before the first day paid sick leave is used. • Employees are required to submit an Employee Notice for Use of Paid Sick Leave form. • If possible, notification should include the expected duration of the absence. 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 t00% 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. [RESOLUTION 89-119=9[3/1_9] 7.2.16 Sick Leave Cash-Out Mason County Personnel Policies Page 37 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 z. 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•loo 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. 7.2.18 Reinstatement of Employment Mason County Personnel Policies Page 38 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 leave or if other leave balances are exhausted. Examples of situations for which leave Mason County Personnel Policies Page 39 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 after birth 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 FM LA 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 12 weeks during a 12-month period. For purposes of calculating leave availability,the "12-Month" period is a rolling 12- month period measured backwards from the date 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 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. RESOLUTION 8g-1g=913h9] Paid Family and Medical Leave Overview: Paid Family and Medical Leave, RCW oS A.o4 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 Mason County Personnel Policies Page 43 • 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/Ms/­cQmpliance/­whdfS28mc.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 withhold up to about 63 percent of the total premium, or$2.44 per week for an employee making$5o,000 annually.The employer is responsible for paying the other 37 percent. Businesses with fewer than 5o employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019.Your employer will calculate and withhold premiums from your paycheck and send both your share and theirs to ESD on a quarterly basis: Taking Leave: Starting Jan. 1, zozo, employees who have worked 82o hours in the qualifying period (equal to 16 hours a week for a year)will be able to apply to take paid medical leave or paid family leave.The 82o hours are cumulative, regardless of the number of employers or jobs someone has during a year.All paid work over the course of the year counts toward the 820 hours, including part-time, seasonal and temporary work. While on leave, you are entitled to partial wage replacement.That means you will receive a portion of your average weekly pay.The benefit is generally up to 90 percent of your weekly wage, with a minimum of$too 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. Mason County Personnel Policies Page 44 Please go to paidleave.wa.gov for more information on applying for benefits. 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. RESOLUTION 89-1g—A/3h9_] 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 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 Eve Day December 24 Christmas Day December 25 (2) 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 o6-02,1122/02] Floating holidays must be used by the end of the calendar year or they will be forfeited. Mason County Personnel Policies Page 45 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 -zoo -1 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 3714 o8 ] 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. Mason County Personnel Policies Page 46 Extra help Employees: Extra help employees normally are not eligible to receive benefits, including leaves, holidays and insurance. Mason County Personnel Policies Page 47 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; 2. is conducted during the employee's work hours; 3. utilizes County telephones, computers, supplies, or any other resources,facilities or equipment; 4. is employment with a firm which has contracts with or does business with the County; or Mason County Personnel Policies Page 48 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 __4�.o5o,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 4"or 4IZ6 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 49 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 42.4�.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 50 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/� 2o16] 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 51 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 and vaping by employees on all County-owned, leased, or operated and all county property is designated as non-smoking and vaping'free areas. Smoking and vaping 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 "smoke" or"smoking" is defined for the purpose of the No Smoking Policy, but not limited to;the carrying or smoking of any kind of lighted cigarettes, pipes, cigars, chewing of tobacco,vaping and the use of e-cigarettes, or any other lighted smoking equipment. Vape: The term "vape" or"vaping" is defined for the purpose of this chapter as inhaling or exhaling the vapor produced by any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size,.that can be used to produce vapor or aerosol from a solution or other substance.including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. County Property:The term "county property" is defined as the grounds and parking lots surrounding county buildings and all county parks. County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2) County roads; (3) Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. Mason County Personnel Policies Page 52 No smoking signs and removal of ashtrays:The Facilities Department shall post and maintain no-smoking and no-vaping signs in all public areas and county property as defined herein, and remove ashtrays from those public areas. Pursuant to RCW Chanter 70.160 070 — Intentional Violators, any person intentionally violating this policy by smoking or vaping in a public place, place of employment or within twenty-five feet of doors, windows that open and ventilation intakes or any person removing, defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred dollars. The county sheriff's department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. All county employees shall be encouraged to help educate the public about the non-smoking and vaping policy by reminding violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications. Violators, who refuse to comply with the smoking and vaping policy, may be asked to leave the county property. 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 91-06, 8/zz/zoo6] [PER ORDINANCE 20-01,1/7/zozo] 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.) Mason County Personnel Policies Page 53 [PER RESOLUTION 130-04, 12 21 200_4] 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. 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. 2. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work 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. Mason County Personnel Policies Page 54 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. 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 (2.)a concern for the safety of other employees and members of the public. Availability of Rehabilitation or Treatment:As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling,treatment and rehabilitation.Although the decision to seek diagnosis and accept treatment is completely voluntary,the County is fully committed to helping employees who voluntarily come forward overcome substance abuse problems. In most cases,the expense of treatment may be fully or partially covered by the County's benefit program. Please contact 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; 2. reasonable suspicion; Mason County Personnel Policies Page 55 3. post-accident; 4. return to duty testing; 5. random testing. CDL holders who test positive must be removed from service and are subject to 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 qS_04.9�0 26 —41 Mason County Personnel Policies Page 56 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 57 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 is Employees should first try to resolve any problem or complaint with their supervisor. Step 2:When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of County policies and procedures,the employee should attempt to resolve the problem with 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 z 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; 2. 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 (1o)working days of receiving a response from'Step z 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 (1o)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 58 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 59 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. 9. 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. lo. 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 60 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 61 I 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. Mason County Personnel Policies Page 62 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 63 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 64 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 65 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 66 CHAPTER 13 VEHICLE USE POLICY 13.1 VEHICLE USE AND SCOPE This policy addresses assignment of county vehicles for business use,for home-to-work commuting and after-hours use, use of personal vehicles for county business, mileage allowances, general motor vehicle safety expectations, and reporting requirements for commercial vehicle operators as per RCW 46.25.030.All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. 2.. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments.All . allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees-Where permitted, the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW 41.56. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy,those rules shall apply. 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 16.o4.67o 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 604.320 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.o4.552 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 67 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-z7o 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 68 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 51;7 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 69 (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 zo 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 2. Cannot use alternative forms of transportation to respond to emergencies; and 3. Cannot pick-up County-owned assigned vehicles at designated sites without impacting the employee's ability to respond to emergencies, which require immediate response to protect life or property. Mason County Personnel Policies Page 70 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. 2. 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 71 i 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 ist to December 31s'of each year, unless otherwise specified by a collective bargaining agreement. 13.10 BUDGET MANAGEMENT RESPONSIBILITIES Budget Management shall be the department in charge of the following provisions: 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. 2. Maintain the supporting documents for each Take-Home vehicle assignment. Documents will be compiled, calculated and submitted to payroll for fringe benefit, per the IRS rules and regulations. 3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if applicable. 4. Develop and maintain records of all take-home vehicle assignments for Budget Management provisions. 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES Department Heads and Elected Officials shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 30th of each year or when a new Take-Home assignment is issued to Budget Management. Each department and office shall maintain a list of authorized Take-Home Vehicles. This list shall include: 1. Employee name Mason County Personnel Policies Page 72 Z. 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 301h each year or upon request by the 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 3o-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 Budget Management for presentation to the BOCC. These forms should be submitted by Mason County Personnel Policies- Page 73 September 30t' of each year or when a new Take-Home Vehicle assignment is issued to Budget Management. Each Department shall maintain a list of authorized Take-Home Vehicles.This list shall include: 1. Employee name 2. 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 Budget Management by September 3oth each year or upon request by the Budget Manager. Commissioned employees of the Sheriff's Office are exempt under IRS Publication 15—BB 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 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, 04/11/20171 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 74 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. �. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. 2.. When an employee is using their privately owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position.This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular(routine) basis. 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations.Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide 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. z. 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 75 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS Employees using county vehicles on a continuing assignment or trip-by-trip basis are prohibited from using vehicles for personal business except as provided herein. Unauthorized personal use of a county vehicle may result in disciplinary action, up to and including termination of employment. All employees should exercise reasonable judgment regarding the use of a county vehicle for personal purposes. Personal use of a county vehicle may be permitted, subject to the approval of the applicable department head or elected official, when the use serves the county's interests, results in negligible expense, and/or is justified by compelling circumstances and doesn't pose a "bad appearance" even if on personal time—(e.g., at a bar or liquor store). 13.18 INCIDENTAL TRAVEL AND STOPS Employee-drivers should remember that public perception of county employees is important and influenced by how and where the public observes county vehicles being used. Employee-drivers should not make incidental stops at locations the public would generally perceive as inappropriate. 13.19 POLITICAL USE OF COUNTY VEHICLES No employee or person may use any vehicle owned, leased or.operated by the county.for any trip which is exclusively for the purposes of campaigning in support of, or in opposition to, any candidate or cause for national, county or local office, unless use of the vehicle is required for purposes of security protection provided by the county or local governmental unit. 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS 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 elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS The following policies govern all vehicle use for county business: Mason County Personnel Policies Page 76 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. 2. Vehicles shall be locked when unattended with the engine turned off. Keys shall not be left-in the ignition unless authorized by the department head or elected official. 3. No person may use a county vehicle, or permit the use of a county vehicle, or operate a personal vehicle for county business in the following prohibited manners: 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 and devices) is prohibited in county-owned or leased vehicles.This does not include smoking in personal vehicles used for county-related business. d. Transporting non-county employee passengers, including family members, is not permitted unless authorized by the employee's department head or elected official. e. Permitting non-authorized individuals to drive a county-owned/leased vehicle unless it is for a bona fide emergency purpose. f. Drivers of motor vehicles are prohibited from reading, manually writing or sending a message on an electronic wireless communications device or holding a wireless communication device to their ear while the vehicle is moving. Exceptions to this section include: operators of an authorized emergency motor vehicle; a driver using a wireless communications device in the hands-free mode; using devices to report illegal activity or summon medical aid or other emergency assistance or to prevent injury to a person or property; using hearing aids. g. Use for personal gain, such as delivering goods or services. h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks, etc. Modifications to county vehicles may be undertaken only with the prior written consent of the department head or elected official.The County Shop or its designee will perform any modification to a county-owned or leased vehicle. Mason County Personnel Policies Page 77 i. Transporting of animals—Allowed only with prior written consent of the department head or elected official -(excludes Animal Control activities and transportation and use of canines or other animals by the Sheriff's Office). j. Hauling loads that exceed the rated capacity of the vehicle or that could cause damage to the vehicle(i.e., hauling firewood or gravel in a passenger vehicle). k. Use of trailer hitches and towing—allowed only with prior approval by either the County Shop or Motor Pool Manager.The County Shop or Motor Pool must evaluate hitches and lights. 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. Motor Pool User Agreement— Each department head and elected official or their designee will acquire a signed Motor Pool User Agreement(MPUA), annually from each of their employees that operate a motor pool county-owned/leased vehicle for business purposes. 3. Driving Record Request a. Employees who are required to operate a vehicle on a regular(routine) basis to perform their job shall, as part of the Vehicle Use Agreement, authorize Mason County Personnel Policies Page 78 Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46.52.130. b. All other employees who may drive a county vehicle or a personal vehicle for the use of county business may have their driver abstract requested from the Department of Licensing per RCW 46.52.130 if requested by their department head, elected official and/or the Risk Management Office. 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 Mason County Personnel Policies Page 79 Vehicle Accident Report form within the first business day following the accident.The report will be forwarded to Risk Management.A review by the department head or elected official may be convened to evaluate the accident depending on the severity. 2. Drivers are personally responsible for the cost of all traffic citations, parking tickets, etc. Passengers are personally responsible for the cost of any traffic citation they may receive while riding in a county-owned/leased vehicle or a personal vehicle being used for county business-(i.e. seatbelt violations, parking violations, throwing object from vehicle).The offending employee shall pay citation fines promptly. 3. Employees shall report moving violation citations that occur while operating a vehicle for county business within the first business day of the issuance of the citation. Employees will notify their immediate supervisor,who in turn, will forward the report to the Risk Management Office. 13.25 COMMERCIAL DRIVER LICENSE In addition to the conditions and requirements for all motor vehicle operators, employees who hold a commercial driver's license (CDL)are subject to all requirements applicable to state and federal laws. 13.26 COUNTY VEHICLE RELATED PURCHASES Supervisors shall inform employees of acceptable vendors, gas stations, and other services that may be utilized for county vehicle related purchases. Repair and towing services are primarily acquired through county contracts. If services are needed while traveling out of the county,the employee should contact the County Shop for public works vehicles, the Facilities manager for motor pool vehicles, or use their best judgment if outside of work hours. 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES 1. Public Works vehicles should use the county-owned fuel dispensers whenever possible.There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. 2. Public Works vehicles may use public self-service, regular unleaded.and diesel dispensers if county fuel dispensers are not available.The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 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 80 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE 1. Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from any authorized gas station (Shell or Chevron).Arco and AM/PM gas stations are not authorized vendors.There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. z. Motor pool vehicles may use public self-service, regular unleaded and diesel dispensers for emergency situations only.The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 3. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE When a vehicle is assigned to an employee or department,the driver or department supervisor is responsible for ensuring that all preventative maintenance is performed on schedule and the vehicle is serviced in a timely manner when notified by either the Facilities department or the County Shop. 13.30 GENERAL MOTOR VEHICLE SAFETY 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 for public works vehicles, or by submitting a maintenance support ticket to the Facilities Department for motor pool vehicles. 3. County departments may have additional requirements for the safe operation of motor vehicles and equipment. Mason County Personnel Policies Page 81 13.31 SAFETY In the event a county officer, employee, or volunteer is involved in an accident while operating a county vehicle or their own vehicle and conducting county business, the driver shall follow these safety rules: 1. Immediately provide first aid (if possible and if necessary)to any injured person. It is recommended that employees providing first aid/CPR have a valid first aid/CPR card. 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. 5. If possible, take photos of both the county vehicle and the other injured parties vehicle, equipment or the scene itself. 6. The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle.-If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform Collision Report Form (WSP 161.)within twenty-four hours of the accident. [UPDATED RESOLUTION o3L03 zozo] Mason County Personnel Policies Page 82 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 83 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 84 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/mana_in_- emails.asox. 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 85 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. httDS:/Jwww.sos.wa. ov 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 86 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 httD:I/aD s.leg.wa.gov/rcw/default.asox?cite=4o.14. WAC 434-662-040- PRESERVATION OF ELECTRONIC PUBLIC RECORDS Agency Duties and Responsibilities: http:fla Ws.le .wa.gov/WAC/default.aspx?cite=43 662-0040 WAC 434-662-150 — Preservation of Electronic Public Records: Email Management htto_//apps.leg.wa.gov/WAC/default.aspx?cite=434-662-150 [PER RESOLUTION 68-i9, 07/2312019] 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 87 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 88 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. i. 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 89 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, Nixle), photo-and video- sharing sites (Flickr,YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web 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 90 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: i. As channels for disseminating time-sensitive information as quickly as possible (example: emergency information). H. 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: i. Mason County Electronic Information Acceptable Use Policy (Revision F) ii. Mason County Blogging Policy ill. 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 91 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 i 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. Mason County Personnel Policies Page 92 8. Mason County personnel will approach the use of social media tools as consistently as possible, County Government wide. g. 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 93 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. z. 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 94 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 95 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. 1o. 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. 2. 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. 2. 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. z. All blog-articles submitted with attached content shall be scanned using antivirus technology prior to posting. Mason County Personnel Policies Page 96 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 byy-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 97 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. .2. 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 98 may be useful to the page's mission,they can cause clutter and security risks. B. An application should not be used unless it serves a business purpose, adds to the user experience, comes from a trusted source and is approved by the Elected Official or Division Director. C. An application may be removed at any time if there is significant reason to think it is causing a security breach or spreading viruses. D. For security purposes, all Facebook accounts logins and 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 1. Department communications officer shall hold and maintain their department's Twitter account. A. Each department will have only one Twitter account, unless otherwise approved by the Elected Official or Division Director.Account information, including usernames and passwords, shall be registered and updated with the department Communications officer, Division Director and Elected Official. 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 99 2. All Mason County department's Twitter bio will read: (Department name) Comments, list of followers subject to public disclosure (RCW 42.56). If appropriate the following will be added:This site is not monitored. Call 911 for emergencies. 3. Twitter usernames shall begin with "Mason" (MasonParks, MasonPW and MasonPH). In cases where the username is too many characters, begin with "MC" (MCProsecutor). 4. Department Twitter account backgrounds will share an official Mason County logo provided by the Information Services Department. 5. Twitter accounts shall serve three primary purposes: A. Get emergency information in/out quickly B. Promote County-sponsored events C. Refer followers to content hosted at www.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 i. 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 100 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 101 16.3 USE OF CELLULAR PHONES Discretion is to be used in discussing confidential information using cellular communication. Cellular transmissions can be overheard by others. Employees are responsible for taking reasonable precautions to prevent theft and/or vandalism of cellular equipment. In 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 102 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. Information Services will provide individual departments a copy of their monthly statements. Each county department/office will be responsible for yearly budgeting and Support Services will voucher payment from the individual departmental budgets. The consolidated contract's services will be shared by all County owned cellular telephones and will be subject to review by Information Services of individual's usage. If individual's usage exceeds the County's average usage and an overages fee is charged,those individual's departments will be responsible for the payment of the overage fee. If individual's usage is determined to be for non-county use,the individual shall be personally responsible for the overages fee. This Cellular Telephone policy coincides with the following County Personnel policies: Chapter 8 — Employee Responsibilities and Conduct Policy Chapter 12— Non-Discrimination & Harassment Policy Chapter 14— Mason County Electronic Information Acceptable Use Policy Chapter 15 —Social Media Policy Mason County Personnel Policies Page 103 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: November 3, 2020 Agenda Item #g.13 (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 #8075279-8075513 $ 851,245.05 Direct Deposit Fund Warrant #72288-72678 $ 753,895.00 Salary Clearing Fund Warrant #7005504-7005530 $ 523,932.65 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 Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 24,309,456.22 Direct Deposit YTD Total $ 14,718,161.81 Salary Clearing YTD Total $ 15,375,289.60 Approval of Treasure Electronic Remittances YTD Total $ 5,925,252.85 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant #8075279-8075513 $ 851,245.05 Direct Deposit Fund Warrant#72288-72678 $ 753,895.00 Salary Clearing Fund Warrant#7005504-7005530 $ 523,932.65 Treasurer Electronic Remittances $ 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: Jennifer Beierle for Frank Pinter Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: November 3, 2020 Agenda Item #8.1 Commissioner staff to complete) BRIEFING DATE: October 26, 2020 BRIEFING PRESENTED BY: Jennifer Beierle, Budget Manager [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Chair of the Board to sign the Colvos Construction, Building #10 Contractor, Change Order #004 in the amount of$58,209.43 for City Plumbing Updates, and Change Order #014 in the amount of$62,225.33 for Permit Delay EXECUTIVE SUMMARY: The City of Shelton Fire Department requires an additional holding area for fire egress in addition to what has been approved according to the Building #10 plan. This has caused three issues that require notification to and action by the Board: • The City of Shelton has issued a stop work order until the building permit for the additional work order is approved at a permit cost of$110,151.65 • Colvos Construction has issued Change Order #014, TI Permit Delay, in the amount of$62,225.33 • Colvos Construction has issued Change Order #004: ASI #03- ADA Refuge Area, City Plumbing Updates, Holding Cell Updates, in the amount of$58,209.43 BUDGET IMPACTS: $230,586.41 paid from REET 1 RECOMMENDED ACTION: Approval for the Chair of the Board to sign the Colvos Construction, Building #10 Contractor, Change Order #004 in the amount of$58,209.43 for City Plumbing Updates, and Change Order #014 in the amount of$62,225.33 for Permit Delay J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2020Wction Agenda- 11.3.2020 Permit Fee to City of Shelton CO's.doc oj'SHFL City of Shelton 525 West Cota Street • Shelton, WA 98584 INVOICE O� Phone:360-426-4491 Fax:360-426-1338 S I N G� Billed To: DATE: 10/19/2020 MASON COUNTY INVOICE#:INVO0685 ATTN: KELLY FRAZIER DUE DATE: 10/19/2020 411 N. 5TH STREET TOTAL DUE: 110,151.65 SHELTON, WA 98584 CUSTOMER ACCOUNT# : 000085 ITEM DESCRIPTION PRICE AMOUNT T. 7 NITS: . BLDG PERMIT FEE 1.00 18,430.51 18,430.51 E BLDG PLAN REVIEW FEE 1.00 3,331.14 3,331.14 FIRE PLAN REVIEW 1.00 475.00 475.00 TRAFFIC IMPACT FEES 1.00 87,890.00 87,890.00 STATE BUILDING CODE FEE 1.00 25.00 25.00 TOTAL TFIIS.INVOICE. 110,15165.. BUILDING PERMIT#C166-20/414 W.FRANKLIN ST. J r ' I C U For questions,contact Accounts Receivable at (360)432-5108 REMIT TO City.of Shelton 525 WestCota Street . Sh6iton;WA 98584 I A copy of this invoice should accompany your check.Thank yowl I Page 1 cokvos PCO #014 Colvos Construction Project: -20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone:(253)279-7887 Prime Contract Potential Change Order #014: TI Permit Delay TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma,Washington 98402 PCO NUMBER/REVISION: 014/0 CONTRACT: 1-20-031 Mason County Courthouse Prime Contract REQUEST RECEIVED FROM: CREATED BY., Casey Angeline (Colvos Construction) STATUS: Pending-In Review CREATED DATE: 10/20/2020 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: a No - LOCATION: ACCOUNTING Amount Based METHOD: SrHEDULE!!UI!}AZ.'.....N,,............,-.21..�ays..._,�,....-.,...,-........,..............,......_.............,. PAID IN FULL: .��D....,..,.,_r.,�...,�.......,,.._.,......_..._....,R.K.,�,..... TOTAL AMOUNT: $62,225.33 POTENTIAL CHANGE ORDER TITLE:TI Permit Delay CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract/s Changed As Follows) The cost below is associated with all impacts that occurred due to the Tenant Improvement Permit Delay that started on October 1st,2020 and ended on October 21,2020. Please note that the cost reflected is based on this PCO being signed on October 21st. If PCO#014 is not signed by end of day on October 21,2020, there is potential for additional delay cost impacts. The cost within this PCO reflects a delay of Staff for 15 working Days while the remaining line items and schedule increase are addressed as 21 calendar days. Please also note that the subcontractors listed below have been impacted in the following ways. 1. Concrete Subcontractor: Due to delay in concrete pours,as we enter into winter months there will be additional admixtures,accelerators,and blankets required for each concrete pour. This line item will be conditional based on a case by case basis and whether or not winter admixtures/blankets•will be required. If any admixtures or blankets will not be used due to good weather conditions,a credit will be provided accordingly. 2. Plumbing Subcontractor: Remobilization of Mini Excavator for plumbing line trenching. ATTACHMENTS: .q •• Cost-Code' _ Description Type Amount 1 01-30-13-Project Superintendent 8 hours/Day for 15 Days Other .$12,600.00 2 01-30-19=Project Manager 4 hours/Day for 15 Days Other $6.900.00 3 01-30-23-Project Engineer 8 hours/Day for 15 Days Other $8,400.00 4 01-30-26-Project Administration 2 hours/Day for 15 Days Other $1,800.00 5 01-30-31-Truck/Mileage .58/mile for 120 miles per day for PE and Superintendent Other $1,044.00 6 01-52-19-Sani Cans $10.64 Daily Rental Rate Other $223.44 7 01-74-19-Dumpster $9.64 Daily Rental Rate Other $202.44 8 01-52-13-Temporary Field Office' $20.96 Daily Rental Rate Other $440.16 9 01-54-2.1-Man&Material Hoist $105 Daily Rental Rate Other $21205.00 Colvos Construction page 1 of 2 Printed On:10/21/2020 10:16 AM C0LvoS PCO #014 COtI6T9VC' ott 10 01-52-15-Storage $3 Daily Rental Rate Other $63.00 11 06-1053-Rough Carpentry Carpenters-8 hours per day for 15 Days Other $9,600.00 12 03-35-03-Concrete Finishing Additional Admixtures,Freeze Protection,and Accelerators due to Winter Concrete Other $5.890.00 Placement. 13 22-40-01-Plumbing Remobilization of Trenching Equipment for Plumbing Lines Other $200.00 Subtotal: $49.568.04 Bond:3.00%Applies to all line Item types. $1,487.04 Liability Insurance:1.26%Applies to all line Item types. $638.19 Contractor Fee:10.00%Applies to all line Item types. $5,169.33 B&O Tax:0.68%Applies to all line Item types. $3213.80 Sates Tax:8.80%Applies to all line item types. $5,032.93 Grand Total: $62,225.33 Bruce McKean(Helix Design Group) Mason County Colvos Construction 6021 12th St E,Suite 201 411 North 5th St 711 Court C Tacoma,Washington 98424 Shelton,Washington 98584 Tacoma,Washington 98402 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:10/21/2020 10:16 AM coLvos PCO #004 Colvos Construction Project: -20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone:(253)279-7887 Prime Contract Potential Change Order #004: ASI #03 - ADA Refuge Area, City Plumbing Updates, Holding Cell Updates TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma,Washington 98402 PCO NUMBERIREVISION: 004/0 CONTRACT: 1-20-031 Mason County Courthouse Prime Contract REQUEST RECEIVED FROM: CREATED BY: Casey Angeline (Colvos Construction) STATUS: Pending-In Review CREATED DATE: 10/7/2020 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: 3 days PAID IN FULL: No TOTAL AMOUNT: $58,209.43 POTENTIAL CHANGE ORDER TITLE:ASI#03-ADA Refuge Area,City Plumbing Updates,Holding Cell Updates CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) See attached ASI#03 for following changes to occur in order to meet the requirements of the Remodel Permit Set. Based on ASI#03-Permit Revisions,the following cost includes the items listed below. 1. At the new Area of Refuge near Exit Door 120 the following items were added: 1. Additional wood framing and 5/8"GWB with Level 4 Finish at the 1 HR rated walls. This includes fire taping above ceiling space and fire caulking the top and bottom of walls/penetrations. 2. Door 120A and 120B(HM Doors and Frames with Hardware per Hardware Group 25) 3. (2)Fire Smoke Dampers(Sized per Plans) 4. (2)Rectangular Duct Adder Stub-In 5. Two-Way Comm.UL listed Analog System per RFI#24 2. (2)SA12 Security Toilet Tissue Holders 3. (2)SA01 Security Mirrors 12"x16" 4. (2)SA70 18"Security Grab Bars 5. (2)SA70 36"Security Grab Bars 6. (2)SA70 42"Security Grab Bars 7. (1)RectorSeal 4"Extendable Clean Checks Backwater valves at sewer line connections. This is with the assumption that the existing backwater valve can be replaced with the new one without having to tear into asphalt and patch back around the valve.Per RFI#29-the(2)shown backwater valves were not required. 8. (1)Backflow preventer to water service line-Zum Model 375 9. The cost associated for the separate toilet and sink equaled the cost for a toilet/sink combo unit. Therefore no cost is associated with these items. Excludes: 1. Benches in Holding Cells 2. New Building Waste Tie-In to City Sewer per RFI#29 3. Any work that is not described within the ASI#03 Narrative by Helix. 4. Asphalt Patching and Sawcutting for exterior work. ATTACHMENTS: Colvos Construction page 1 of 2 Printed On:10/15/2020 12:04 PM coLvos PCO #004 Permit#C166-20 Mason Co Courts Remodel Bid Set Revision 1 090320.pdf SA70 Series Security Grab Bars.pdf SA12 Security Recessed Toilet Tissue Roll Holder.pdf SA01 Security Framed Wall Mirror.odf Det-WC-Sinole.pdf Det-Lay-Sinale.pdf ASI#3-Mason Co Permit Revisions.Ddf 275129 Two Way Emergency Communication Systems.pdf _Commercial Wall Systems-ASI#03.pdf GPH-ASI#03 Plumbino.pdf _9-8 Mason Co Courthouse.pdf Sunset Air ASI#03 Quote,pdf West Valley ASI#03 UL Listed Analog System Quote R1.pdf CO#5 Add power and Fire Alarm to smoke Dampers.pdf # Cost Code Description Type Amount 1 10-28-13-Toilet Accessories Holding Cell Toilet Accessories Other $957.00 2 09-22-16-Non-structural Metal Framing Additional GWB,Fire Taping,and Fire Caulk at T&B of Walls/Penetrations Other $2,648.00 3 23-11-11-HVAC System Smoke Dampers,Rec.Duct Additional Stub-Ins,Shop Labor,and Field Labor Other $1,500.00 4 26-20-13-Building Electrical Two-Way Communication System Other $21,846.00 5 22.40-01-Plumbing Backtlow Preventer and(1)Backwater Valve Other $3,850.00 6 01-30-23-Project Engineer 24 Hours of PE Time @$70/Hrfor Processing Other $1,680.00 7 01-30-13-Project Superintendent 3 Days of Supervision for Additional Work Required Other $2,520.00 8 06-1053-Rough Carpentry 16 Hours of Carpenter Time for TAC Install within Holding Cells and Framing new wall for Other $1,280.00 Area of Refuge 9 08-11-16-Metal Doors and Frames Door 120A&120B Other $3,982.00 10 08-11-83-Installation Doors and Frames Installation of Doors 120A&120B Other $900.00 11 26-20-13-Building Electrical Power provided for(2)Smoke Dampers Other $2,150.00 12 01-30-32-Fuel/Oil/Maint I Parts Fuel/Mileage for 3 Days Other $208.60 13 01-30-19-Project Manager 16 Hours of PM Time Other $1.840.00 14 01-30-26-Project Administration 4 Hours of Admin Time Other $240.00 15 06-11-13-Lumber Lumber for Additional Walls at Area of Refuge Other $320.00 16 01-52-19-San!Cans $10.64 Daily Rental Rate Other $31.92 17 01-74-19-Dumpster $9.46 Daily Rental Rate Other $28.38 18 0152-13-Temporary Field Office $20.98 Daily Rental Rate Other $62.91 19 0154-21-Man&Material Hoist $105 Daily Rental Rate Other $315.00 20 01-52-15-Storage $3 Daily Rental Rate Other $9.00 Subtotal: $46,369.01 Bond:3.00%Applies to all line item types. $1.391.07 Liability Insurance:1.25%Applies to all line Item types. $597.00 Contractor Fee:10.00%Applies to all line item types. $4,835.71 B&O Tax:0.58%Applies to all line item types. $308.52 Sales Tax:8.80%Applies to all line item types. $4.708.12 Grand Total: $58,209.43 Bruce McKean(Helix Design Group) Mason County Colvos Construction 6021 12th St E,Suite 201 411 North 5th St 711 Court C Tacoma,Washington 98424 Shelton,Washington 98584 Tacoma,Washington 98402 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:10/16/2020 12:04 PM c® Ij v®s C O N S T R U C T I O N 10/9/2020 Frank Pinter Mason County Support Services 411 N 5t'St Shelton,WA 98584 RE:Notice of Claim for Time and Cost Mr. Pinter This letter is to inform you of a schedule and cost impact to the Mason County Seismic Upgrades'and Mason County Court Remodel Phase I Project. Colvos Construction has recently encountered delays to our performance through no fault of our own,and the delays have impacted the critical path construction schedule and cost of the project.Consistent with the contract documents,and contract agreement,Colvos Construction is providing formal written notice of these delays and cost impacts within this"NOTICE OF CLAIM"letter. Pursuant to the contract documents and Article 15 of the Owner Contract A201 executed on September 3,2020,the project schedule and cost has been impacted due to the absence of the City of Shelton TI permit,the construction schedule activities listed below are now delayed: The construction schedule dated September 11,2020 shows activity#94'Sawcut interior slab for underground plumbing'starting on September 29,2020 with a 2-day duration.This activity was unable to proceed per schedule on October 1,2020 because the City of Shelton and Mason County issued communication to stop all work relating to underground plumbing(due to the Phase I TI permit not being issued).Therefore,starting on October 1,2020 the critical path construction schedule became impacted,and remains impacted at the time of this letter. At this time,Colvos Construction is incurring a day-for-day critical path delay to the project due to the aforementioned condition.Because these delays are excusable,and compensable,Colvos will request an adjustment to the contract for time and cost when the delay has been cured.To date the project schedule has been delayed by 9 calendar days and the estimated cost impact is$3,563.75 per day(see attached cost breakdown)which totals$32,073.75. Based upon an estimated issuance of the TI permit, it is projected that the delay will continue until October 13,2020.IF the permit is received at that time the estimated total cost of the delay will be$46,328.75.These costs do not include potential subcontractor costs. colvos C O N S T R U C T I O N We will provide a change order request that will provide a cost breakdown of costs incurred to Colvos Construction,subcontractors and suppliers and the impact of schedule days. In the meantime,Colvos is progressing with contract work to the best of our ability See attached the original baseline construction schedule,email correspondence and Colvos GC cost breakdown. Sin ere Anders o n Vice President Colvos Construction C O 11C vOs Colvos Construction Mason County Court Remodel Phase 1 Construction Schedule ID Task Name Duration Start Finish O14,2020 atr 1,2027 0 Mason County Court Remodel Phase 1 117 da hu 8/27/20 ;Fri 2/12/21 odel Phase 1 - 2/12 ' hu i--.. _... 1 Preconstruction&Permits _60 daysThu 8/27/20 _Thu 11/19/20 on 8i Permits - 11/19 _ 2 Permits ,2days IThu8/27/20 Prig/28J20 Permits 8/28� 3 BuildingTl 1 day (Thu 8/27/20 �rnu 8/27/20 Building TI I _ __ .._ 4 -- Abatement permit lday hu 8/27/20 � &ORCAA) 8//17 -- __ _ _ _ _ _ .... ... _ ,rne a/z7/zo_ ---------- 5 Seismic Upgrade Permit 8/27/20 _IThu 8/27/20 grade Permit 6 Electrical 1 day IFri 8/28/20 Fri 8/28/20 Electrical - - - - _ ---- —_--- -- -.. , I 7 Sprinkler IS day_Fri 8/ ;Fri B/28/20 Sprinkler 28/20 8 Mechanical 'I day Fri 8/28/20 °Fri 8/28/20 Mechanical 9 _Plumbing ;1 day FrI B/28/20--__IFri B/28/20 10 Early Work i10 daymThu 8/27/20_�Thu 9/10/20 Eery Work -- 9/10 11 NTP _---_—'0 days IThu B/27/20 iThuB/27/20 NTP 8/27 �`—_. ----- 12 _---Execute Contracts -_- '10 days Thu 8/27/20 1 rhu 9/10/20� ute Contracts- 13 Mobilization 2days�Tue9/1/20 jWed 9/2120 Mabilixm4 9 I 14 MEP Flag&Make Safe 3 d�`f hu 9/3/20 I'fue 9/8/20 rag&Make 5%8 15 Submittals 117 days`fhu 9/3/20 'Mon 9/28/30 5uhmf 9/8 _—�I -,i----------------- ------- ------ 49 _ Procurement __ _ -_ _40 days Fri 9/25/20 !Thu 11/19/20 rota ement 1/19 �__J_._..�___ _ ... _ ._ 81 Impacts&Delays 28 daysThu 8/27/20 IThu 10/8/20 acts&Delays 82 Start Date delay 2 days Thu 9/3/20 _;Fri 9/4/20 Start Dated 4 — a3 _Abatement permit waiting period 0 days Thu 8/27/20 Thu BJ27/20 ailing period B4 Abatement 12 dayslhuWi/8/20 IWed9/23/20 —Abate TIP D d 85 TI Permit ays u 10/8/20 ;Thu 10/8/20 iE ' B6 Construction __— --.- ---- 99 daysRue 9/8/20 1'hu 1/28/z1 Co coon ''1/28 87 Demolition 34 day e9/8/20 'Fri 10 23 20 - Dim.tibn — --- -� --�-'-1l)j23 88 Building Interior Demolition 15 dayslTue 9/8/20 jMon 9/28/20 9lnterior—Demo IN,, -i- 89 Survey Control 1 day iThu 9/24/20 IThu 9/24/20 —..__. _—io _.__ I it IN lls a Partitions 90 Layout Plumbing Walls&Partitions 2days'Fri 9/z5/20 Mon 9/28/20 9 9 i 91 Layout RN&Venting locations �1 day M_an 9/ZB/20 ;Man 9/28/20 Layout RTU& enting i ratio _. _ _._—_ .._... I _ .. ._. I. ... ._ 92 Demo Exterior Openings&Roof Penetrations 13 days I 9/29/20 u 10/1/20 rt)penings& aof Pe etrati6ns 10 1 93 Abate Rooffor Roof curbs&Store From 1 day IFri 10/23/20 IFri 10/23/2C ate Roof for I n7q(cud i&Store F t e lant 10 3 —'Sealant _ ----- --------' -----._ 94 Sawcut Interior Slab For Underground i2 days hue 9/29/20 Wed 9/30/20 r Siab For Und groundlumhing /3 - _ - Plumbing -- --- -- --Saw ut;Far rode beam '1 95 Sawcut For Grade Beam_ .1 day_I_u 10/1/20 IThu 10/1/20_ l f 96 Structure +13 dayslFri10/2/20 Tue 10/20/20 ; Structure D/20 97 Form Thickened edge Footings&Slab Along E I4 days Tue 10/13/20�Frl 10/16/20 edge Footin 8i Sla Along E 8e Lin 1 6 &F Line I __ _ 98 Excavate&form new stairs '2 days(Thu 10/1 25 0 FrI 10/16/20__ cavat &form no i 1 6 - I ( 99 _Form Concrete Ramp 2 days u 10/15/20 iF0/16/20 Fo m ri 1 Concre IH 7 6� I - i 100 SI Concrete footings S day iMon 10J19/z0 lMon 10/19/20 S1 Concret oo'I s 191 Page 1 Printed Fri 9/11/20 G,®11 vOs COWS Construction Mason County Court Remodel Phase 1 Construction Schedule ID T.k Name Duatio Start Rnish pv4,2020 Ov 1,2021 r 101 Place Concrete IS day_ ue 10/20/20 ue 10/20/20 i - Place o c to 1pP1/20 _ 102 SI Concrete Placement _1 day rue 10/20/20 ITue 10/20/20 1 1 Concrete ce t iQ%2b I . 103 Excavate&Place concrete Grade Beam @ E 2 days Ln 10/2/20 IMon 10/5/20 lace concrete rode Be m @ E Line I I Une 104 _ _ SI Grade Beam concrete placement J j1 day MOn 10/5/20 ItMon 10/5/20_ _SI Grade Bea 105 Frame Wood Ramp 3 days Tue 1016/20 IThu 10/8/20 I I 1 105 Seismic Upgrades 42days ue9/29/20 Wed 11/25/20 seismic Upgrades 11/25 107 Exterior CMU Infills 5 days(Fri 10/2120 jThu 10/8/20 Exterioor CMU Infdlsl 108 Install Double Joist&sleepers mechanical units 3 days iTue 9129/20 IThu 10/1(20 oirt&sleeps mecha"wl units (- -----'''—`--- 109 Install ceiling Blocking&Perimeter Sheathing 3days Fr110/9/20 ;Tue 10/13/20 eilfrig Blodun &'Perieter Shea g - 110 Install Remining Ceiling Sheathing 7 days Thu 10/15/20 ;Fri 10/23/20 Install eminin Ceiling Shl thi g 10/3 111 51 Ceiling Diaphragm Nailing --- 11 day Wed 10/14/20 -- _- ----- 112 _Perimeter Block&Wall Framing _ _22 days Wed 10/21/20 Yhu_11/19/20 nmeEer Block8WI F g 1/19- 113 SI Perimeter Anchors&Framing 11 day IMon 11/16/20 Mon 11/16J20 tt SI Per at chors Frsmt 1 16 114 Wall Sheathing :5 days Wed 11/18/20 Ike 11/24/20_ W 11 ng 11/24 .. - - 115 SI Diaphragm Wall nailing I day Wed 11/25/20 IWed 11/25/20 - 1 Iaph gm�Wall t ailing 116 Exterior Improvements _ :15 days Mon 10/26/20 jFrI IV13/20 Extedor 1 pro re ents-�- 11/3 r— I emo F. New Sta. ro )oors tOR6 117 _ Oemo For New Store_F_ron_t_s Doors Sday_Mon 10/26/20 :Mon 10/26/20 _ _ _ _i 118 Storefront Curbs j4 days Tue 10/27/20 ;Fd 10/30/20 j 5 ref Curbs — ___,�.-- 119 Install Storefront Doors ;3 days Mon 11/2/20 Wed 11/4/20 Insta St.ef tD 120 Chain-Unk Fencing 4 days IjlThu 31/5/20 ;Tue 11/10/20 ha n nk Fe sing 1 w-0 121 __backfill&asphalt patch __3 day�Wed 11/11/20 Wed 11/11/20 _-. _III asp A It paatch 11/11 122 Elec tric Gate 2 days Thu 12/12/20 INll/13/20 FJe is Gate l -�---- & ,---- - 12/17 ` 123 Framing&Rough In S6 days Tue 9/29/20 Thu 12/17/20 F ming ugh in _- d insulation& MU va r bearer 2 124 Overhead insulation&CMU vapor hearer i4 days Tue 9/29/20 Fri 10/2/20 _ _ 125 _Underground Plumbing Trenching _ 5 days Thu 10/1/20 Wed 10/7/20 Underground Iu;nblri Tienchin 1 125 Underground Plumbing Rough In ,5 days Thu 10/1/20 jWed 10/7/20_ Underground 127 ____Underground Plumbing Inspection 1 day u 10/8/20 Lfhu 10/8/20 Undergro d�Plum ing Inspection /8 1 —" Backfill 10/12 128 Baddil 2 days fFr110/9/20 Mon 10/12/20 _ 129 Set Curbs&Roof Patch 12 days Mon 10/26/20 ;Tue 10/27/20 -set Curbs 8t Roof -tch 10/27 c_ .—_____� I 130 Hvac Overhead Rough In 10 days Fri 10/23/20 Thu 11/5/20 '. vas Overhead Rau 11/5 f 131 Plumbing In Wall Rough In 5days Mon 31/9/20 Fr111/13/20 _; L—_ __—__ ___ 132 'plumbing Overhead&Venting :5 days Man 10/26/20 IN 10/30/20 (Plum Ing Overhead&Ventin -_.—__-��---._ --- _e6cal�Overhead Runs&Pane �I 11/� 133 Electrical Overhead Runs&Panels i10 days Mon 30/26/20 Fri 11/6/20 _ _ 134 Low Volt Rough In IS days Mon 10/26/20 IFri 10/30/20 Low Volt Rough I � 1— - 135 Sprinkler Overhead Rough In IS days u10/29/20 jWed 11/4/20 S rinkier Overhead _— 136 Interior Framing/Blocking i15 days Mon 10/26/20,Fri 11/13/20 I nterior Framing/Blocking —._ .__--- _ __.._.___:__ 137 Electrical Box install '2 days IMan 11/9/20 ITue 11/10/20 Elect'ncal Box i II 11/0 ElecSriral box Ik #1111 -"--'----- ---- -- -'--"--�9/11/20 138 Electrical box walk 11 day IWed 11/11/20 jWed 11/11/20 � Page 2 Printed F C OilC v®S Colvos Construction Masan County Court Remodel Phase 1 Construction Schedule ID Task Name Duradon Start Flnish Qv4,2a2o Qtr 1,2a21 N1 1111 1 Fb 139 _ Electrical in wall Rough in _15 days_ u 1_1/12/20 jWed ll/18/20 Electrical in wall Ra gh in IL 140 Fire Alarm Wall Rough In 15 ddays_Mon 11/16/20 1Fri 11/2D/20 We Nmm Wall Ro ugh In 141 Set Rooftop HVAC Units !1 day Wed 10/28/20 red 10/28/20 Set Rooftop HVACUn'ru T?0/28142 Prerock @ Hard lids One Slde --�4 ddays Fri 11/13/20 'Wed 11/18/20 rerok @Hard lids One Side Frame Har li /offits143 __ Frame Hard lids/SofRts Iday ue 11/17/20 jTue 11/17/20 �144 Hard lid/Soffit Rough In i4 days Wed 11/18/20 Man 11/23/20 ' Hard lid/Soffit g°ugh In_ I -MEP VIIa1UHard lid Cove Ins actio 145 MEP Wall/Hard lid Cover Inspections it day ITue 11/24/20 Tue 11/24/20 PInstall Hollow Metal Jambs146 Install Hollow Metal Jambs _147 Framin Ins ectlon IO da s Tue 11/24/20 Tue 11 24/20 ! Framin InspectionB p Y I / �. __ ___148 Wall Insulation 13 days jWed 11/25/20 jTue 12/l/20 I Wall Insuat49 HangGWB �8 days IMon 11/30/20 !Wed 1219/20 Hang G12/9150 Tape&Finish GWB ISO days Fri 12/4/20 jTho 12/17/20 ape&Finish12/17 151 Finishes 29 dayrThu 12/17/20 Thu 1/28/21 wishes �1/28 152 Prime&Finish Paint Walls i5 days'Thu 12/17/20 _I ed 12/23/20 ! 1?rime&Finish Paint Walls 12/23 Af 153 Install ACT 130_daysiMon 12/21/20 'fuel/5/21 154 Restroom Tile 4 days Fue12/22/20 jMon 12/28/20 Ratroom Tile 1 a �--- Paint Dool @ Fram 155 Paint Doors @ Frames i`days Eu 12/24/20 nu 12/31/20 _ r _ ___ - 156 Ridged Vinyl Wall Panels T_J2 days I u 12/24/20 IMon 12/28/20 I Ridged VinyUlWall Panels' 157 Install Ughting&Trim IS days jThu 12/31/20 {Thu 1/7/21 i I Install Lighting&Tn 1 ; 158 Hvac Trim ;3 days!Men 1/4/21 iWed 1/6/21 . nnkler Trim 1 159 SprinklerTrim 21 days Wed1/6/21—IThul/7/21— - P__ _- 160 Install Jays System&Low Volt Trim 4 days ue 1/5/21 Fri 1/8/21 Install Jays System&law Volt Trim 1 8 161 Fire Alarm ACT Rough In ;3 days 4Wed 1/6/21 Fri 1/8/21 Fire Alarm ACT Rough In _ _ _ .. 1..__.._ 162 MEP ACT Cover inspections__ '.0 days�Frt 1/B/21 IFri 1/8/21 I MEP J'Cf Cover Inspections /8 _ _ _ — 163 Building ACf Cover Inspection 1day Mon 1111/21 IMon 1/11/21 _—� — Bwldm§ACT Cover lnspechon 7/1 —__—_— — — -- -- -- Install Ceding Tile 1 15 164 Install Ceiling Tile ,4 days(Tue 1/12/21 Fri 1/15/21 - _.� ___ __ _..._..__ .___—_. P 165 Install Casework&Counter Tops ,3 day u 1/14/21 Thu 1/14/21 Install Casework&Counter To s 4 166 Lobby Millwork&Wall Coverings ;8 days'Thu 1/14/21 'Mon 1/25/21 Lobby Millwork&Wall Covering 1/25 167 Access controls&Security Install �3 days Thu 1/14/21 MonMon 1 ! I Access CQQntrois&secudtyi Install 1/1 —"—�--- Solid Surface Cladding Tops 1/1 168 Solid Surface Cladding&Tops 12 days Fri1/1S/21 IMon 1/18/21 169 Install Flooring _ j4 days Fri l/15/21 jWed i/20/21 Install Flooring 178 Plumbing Fixtures _ 3daue l/19/21 IThui/21/21__ '._______. - Plumbing Fixtures 1 1 __ _ _ L Install Doors 8t Hardmna 1R5 171 Install Doors&Hardware 13 days�'hu 1/21/21 jMon 1/25/21_ 172 Partition Install&Bath Hardware i2 days Fri 1/22/21 _ ;Mon 1/25/21 Partition Install&Bath Hardware 1q5 i —: _173 Install Signage&Fire Extinguishers 1 day Tue 1126/21 ITue 1/26/21 Insmll Signage&Fire Extinguishers_ 1/26 4 . Fdm Install /26 174 Class Film Install it day I ue 1/26121 ue 1/26/21 175 --Final Clean ---y!2 days Wed 1/27/21 �7hu 1/28/21 /28 176 Closeout 116 days Frl 1/22/21 lFri 2/12/21 Closeout 2/12 177 Commissioning/Startup/Pretesting �2 days jTue 1/26/21 ,Wed 1/27/21 ! Co mission nq/Startup/Pretesting 1127 _ _ —_—,—__—_ _, __. _ . ...._ _._.....__..... _....._ -... .. .Fire Atarm Pre Tes %27 178 Fire Alarm Pre Test ;2 days ITue 1/26/21 !Wed 1/27/21 Page 3 Printed Fri 9/11/20 C®rllC VO� Colvos Cons ruction Mason County Court Remodel Phase 1 Construction Schedule ID Task Name Duration Start Hnuh -4,1121 tltr 1.2021 179 TAB HVAC �2 days rue 1/26121 Lured 1/27/21 1 v TAB HVA �27 i .__--_.__. —.— .... I. -. .. .. - hy 2/12 18D Punchlist �11 dayss'Fri 1/29/23 iPr12/12/23 I Punc 181 Punchlist Walk 11 day jFri t—1/29/21 Fri 1/29/21 I Punchlist W Ik 1/29 —j --- -------- --._..----------i------r---------- -- -- - ----------- 182 Correct Punch Items ISO days�Mon 2/1/21 IFri 2/12/21 - Correct Punch 1 2/12 __-- _-- --__i—� __._..-._._ _- _... _ __ - -Final Insertions__ 2/12 . 183 Final In Factions 116 days Fri 1/22/21 Frll 2/12/21 P 184 _Plumbing Final Inspection 11 day Fri 1/22/21 jFri 1/22/21 Plumbing Final Inspection ____—•__,;— __. HVAC Final l28- .. ._.. 185 HVAC Final �S day IThu 1/28/21 Thu 1/28/21 — 4 186 Electrical Final Inspection ;1 day jFri 1/29/21 'Fri 11/29/21 I Electrical Final Inspection 1/29 , 187 Fire Sprinkler and Alarm Final Inspection �3 day }�,u l/28/21 Thu 1/28/21 Fire Sprinklerand Alarm Fina11nspeRion %28 --___ C_' __. . _-._........____.. _._..___._._.. Jr! _. _-8.d- __- 188 Building Inspection (1 day IMon 2/1/21 jMon 2/1/21 I uil mg Inspection 189 Certificate of Occupanry _ 11 day Tue 2/2/21 �Tue 2/2/21 j I Certificate of Ocapanryj 190 Final Completion — ,0 days IFri 2/12/21 !Fri 2/12/21 j I Final Completion 2/12 Page 4 Printed Fri 9/11/20 coLlvos PCO #014 Colvos Construction Project: -20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone:(253)279-7887 Prime Contract Potential Change Order #014: TI Daily Permit Delay TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma,Washington 98402 PCO NUMBERIREVISION: 014/0 CONTRACT: 1-20-031 Mason County Courthouse Prime Contract REQUEST RECEIVED FROM: CREATED BY: Scott Fletcher (Colvos Construction) STATUS: Pending-In Review CREATED DATE: 10/7/2020 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT- 1 day PAID IN FULL: No TOTAL AMOUNT: $3,563.75 POTENTIAL CHANGE ORDER TITLE:TI Daily Permit Delay CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract/s Changed As Follows) CE#016-Permit Delay Daily contractor direct cost associated with delays from October 1st until TI Permit is acquired and RFI#029 has been resolved. See attached direction from Mason County and Helix approving TI work to cease until permit is issued. Cost reflected below does not include sub-contractor equipment rentals or mobilizations required due to delay. Final costs will be provided once the permit has been issued and sub-contractor additional costs impacts are provided. ATTACHMENTS: Permit Delay Correspondence.Ddf # Cost Code Description Type Amount 1 01-30-13-Project Superintendent 8 hours/Day Other $840.00 2 01-30-19-Project Manager 4 hours/Day Other $460.00 3 01-30-23-Project Engineer 8hours/Day Other $550.00 4 01-30-26-Project Administration 2 hours/Day Other $120.00 5 01-30-31-Truck/Mileage .58/mile for 120 miles per day for PE and Superintendent Other $69.60 6 01-52-19-Sani Cans $10.64 Daily Rental Rate Other $10.64 7 01-74-19-Dumpster $9.64 Daily Rental Rate Other $9.64 8 01-52-13-Temporary Field Office $20.96 Daily Rental Rate Other $20.96 9 01-54-21-Man&Material Hoist $105 Daily Rental Rate Other $105.00 10 01-52-15-Storage $3 Daily Rental Rate Other $3.00 11 06-1053-Rough Carpentry Carpenters-8 hours per day Other $640.00 Subtotal: $2,838.84 Bond:3.00%Applies to all line item types. $85.17 Liability Insurance:1.25%Applies to all line item types. $36.55 Contractor Fee:10.00%Applies to all line item types. $296.06 Colvos Construction page 1 of 2 Printed On:10/9/2020 09:55 AM coLvos PCO #014 B&O Tax:0.58%Applies to all line item types. $18.89 Sales Tax:8.80%Applies to all line item types. $288.24 Grand Total: $3,663.75 Bruce McKean(Helix Design Group) Mason County Colvos Construction 6021 12th St E,Suite 201 411 North 5th St 711 Court C Tacoma,Washington 98424 Shelton,Washington 98584 Tacoma,Washington 98402 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:10/9/2020 09:55 AM coRvos PCO #014 c oM5ruuelroN Colvos Construction Project: -20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone:(25.3)279-7887 Prime Contract Potential Change Order #014: TI Permit Delay TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma,Washington 98402 PCO NUMBERIREVISION: 014/0 'CONTRACT. 1-20-031 Mason County Courthouse Prime Contract REQUEST RECEIVED FROM: CREATED BY: Casey Angeline (Colvos Construction) STATUS: Pending-In Review CREATED DATE: 10/20/2020 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: - No -- _ LOCATION -Y � Y� W ACCOUNTING Amount Based METHOD: bays.,..._.........._._. .__....,....,._..a.... PAID IN FULL: no....�«....,.._._...,.��......�..._..,.�,.___.oW...�_m._.T..., TOTAL AMOUNT: $62,225.33 POTENTIAL CHANGE ORDER TITLE:TI Permit Delay CHANGE REASON,Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) The cost below is associated with all impacts that occurred due to the Tenant Improvement Permit Delay that started on October 1 st,2020 and ended on October 21,2020. Please note that the cost reflected is based on this PCO being signed on October 21st. If PCO#014 is not signed by end of day on October 21,2020, there is potential for additional delay cost impacts. The cost within this PCO reflects a delay of Staff for 15 working Days while the remaining line items and schedule increase are addressed as 21 calendar days. Please also note that the subcontractors listed below have been impacted in the following ways. 1. Concrete Subcontractor: Due to delay in concrete pours,as we enter into winter months there will be additional admixtures,accelerators,and blankets required for each concrete pour. This line item will be conditional based on a case by case basis and whether or not winter admixtures/blankets.will be required. If any admixtures or blankets will not be used due to good weather conditions,a credit will be provided accordingly. 2. Plumbing Subcontractor: Remobitization of Mini Excavator for plumbing line trenching. ATTACHMENTS: N Cost code' Description Type Amount 1 01-36-13-Project Superintendent 8 hours/Day'for 15 Days Other $12,600.00 2 01-3o-19=Project Manager 4 hours/bay for 15 Days Other $6.90D.00 3 01-30-23-Project Engineer B hours/Day for 15 Days Other $8,400.00 4 01-30.26-Project AdminislraEcn 2 hours/Day for 15 Days Other $1,800.00 5 01-30-31-Truck/Mileage .58/mile for 120 miles per day for PE and Superintendent Other $1,044.00 6 01-52-19-Sani Cans $10.64 Daily Rental Rate Other $22344 7 01-74-19-Dumpster $9.64 Daily Rental Rate Other $202.44 B 01*52-13-Temporary Field Office ' $20.96 Daily Rental Rate Other $440.16 9 01 54-21-Man&Material Hoist $105 Daily Rental Rate Other $2,205.00 Colvos Construction page 1 of 2 Printed On:10/21/2020 10:16 AM colvos PCO #014. 10 01-52-15-Storage $3 Daily Rental Rate Other $63.00 11 06-1053-Rough Carpentry Carpenters-8 hours per day for 15 Days Other $9,600.00 12 03-35-03-Concrete Finishing Additional Admixtures,Freeze Protection,and Accelerators due to Winter Concrete Other $5,89D.OD Placement. 13 22-40-01-Plumbing Remobilizatlon of Trenching Equipment for Plumbing Lines Other $200.00 Subtotal: $49,568.04 Bond:3.00%Applies to all line item types. $1.487.04 Liability Insurance:1.25%Applies to all line Item types. $638.19 Contractor Fee:10.00%Applies to all line Item types. $5,169.33 B&O Tax:0.68%Applies to all line Item types. $329.81) Sales Tax:8.80%Applies to all line Item types. $5,032.93 Grand Total: $82,226.33 Bruce McKean(Helix Design Group) Mason County Colvos 6021 12th St E,Suite 201 411 North 5th St 7 11 1 1 . Oington Tacoma,Washington 98424 Shelton,Washington 98584 02 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:10/21/2020 10:16 AM coLvos PCO #004 Colvos Construction Project: -20-031 Mason County Courthouse 711 Court C 414 West Franklin St Tacoma,Washington 98402 Shelton,Washington 98584 Phone:(253)279-7887 Prime Contract Potential Change Order #004: ASI #03 - ADA Refuge Area, City Plumbing Updates, Holding Cell Updates TO: Mason County FROM: Colvos Construction 411 North 5th St 711 Court C Shelton,Washington 98584 Tacoma,Washington 98402 PCO NUMBER/REVISION: 00410 CONTRACT: 1-20-031 Mason County Courthouse Prime Contract REQUEST RECEIVED FROM: CREATED BY: Casey Angeline (Colvos Construction) STATUS: Pending-In Review CREATED DATE: 10/7/2020 REFERENCE: PRIME CONTRACT None CHANGE ORDER: FIELD CHANGE: No LOCATION: ACCOUNTING Amount Based METHOD: SCHEDULE IMPACT: 3 days PAID IN FULL: No TOTAL AMOUNT $58,209.43 POTENTIAL CHANGE ORDER TITLE:ASI#03-ADA Refuge Area,City Plumbing Updates,Holding Cell Updates CHANGE REASON:Design Development POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) See attached ASI#03 for following changes to occur in order to meet the requirements of the Remodel Permit Set. Based on ASI#03-Permit Revisions,the following cost includes the items listed below. 1. At the new Area of Refuge near Exit Door 120 the following items were added: 1. Additional wood framing and 5/8"GWB with Level 4 Finish at the 1 HR rated walls. This includes fire taping above ceiling space and fire caulking the top and bottom of walls/penetrations. 2. Door 120A and 120B(HM Doors and Frames with Hardware per Hardware Group 25) 3. (2)Fire Smoke Dampers(Sized per Plans) 4. (2)Rectangular Duct Adder Stub-In 5. Two-Way Comm.UL listed Analog System per RFI#24 2. (2)SA12 Security Toilet Tissue Holders 3. (2)SA01 Security Mirrors 12"x16" 4. (2)SA70 18"Security Grab Bars 5. (2)SA70 36"Security Grab Bars 6. (2)SA70 42"Security Grab Bars 7. (1)RectorSeal 4"Extendable Clean Checks Backwater valves at sewer line connections. This is with the assumption that the existing backwater valve can be replaced with the new one without having to tear into asphalt and patch back around the valve.Per RFI#29-the(2)shown backwater valves were not required. 8. (1)Backflow preventer to water service line-Zum Model 375 9. The cost associated for the separate.toilet and sink equaled the cost for a toilet/sink combo unit. Therefore no cost is associated with these items. Excludes: 1. Benches in Holding Cells 2. New Building Waste Tie-In to City Sewer per RFI#29 3. Any work that is not described within the ASI#03 Narrative by Helix. 4. Asphalt Patching and Sawcutting for exterior work. ATTACHMENTS: Colvos Construction page 1 of 2 Printed On: 10/15/2020 12:04 PM colvos PCO #004 Permit#C166-20 Mason Co Courts Remodel Bid Set Revision 1 090320.pdf SA70 Series Security Grab Bars.pdf SA12 Security_Recessed Toilet Tissue Roll Holder.pdf SA01 Security Framed-Wall Mirror.pdf Det-.WC-Single.pdf Det-Lav-Single.pdf ASI#3-Mason Co Permit Revisions.pdf 275129 Two Way Emergency Communication Systems.pdf _Commercial Wall Systems-ASI#03.pdf GPH-ASI#03 Plumbing.pdf 9-8 Mason Co Courthouse.pdf Sunset Air ASI#03 Quote.pdf West Valley ASI#03 UL Listed Analog System Quote R1.pdf CO#5 Add power and Fire Alarm to smoke Dampers.pdf Cost Code Description Type Amount 1 10-28-13-Toilet Accessories Holding Cell Toilet Accessories Other $957.00 # r2 09-22-16-Non-structural Metal Framing Additional GWB,Fire Taping,and Fire Caulk at T&B of Walls/Penetrations Other $2,648.00 3 23-11-11-HVAC System Smoke Dampers,Rec.Duct Additional Stub-Ins,Shop Labor,and Field Labor Other $1.500.00 4 26-20-13-Building Electrical Two-Way Communication System Other $21,846.00 5 22-40-01-Plumbing Backflow Preventer and(1)Backwater Valve Other $3,850.00 6 01-30-23-Project Engineer 24 Hours of PE Time @$70/Hrfor Processing Other $1,680.00 7 01-30-13-Project Superintendent 3 Days of Supervision for Additional Work Required Other $2,520.00 8 06-10-53-Rough Carpentry 16 Hours of Carpenter Time for TAC Install within Holding Cells and Framing new wall for Other $1,280.00 Area of Refuge 9 08-11-16-Metal Doors and Frames Door 120A&120B Other $3,982.00 10 08-11-83-Installation Doors and Frames Installation of Doors 120A&120B Other $900.00 11 26-20-13-Building Electrical Power provided for(2)Smoke Dampers Other $2,150.00 12 0130-32-Fuel/Oil/Maint/Parts Fuel/Mileage for 3 Days Other $208.80 13 0130-19-Project Manager 16 Hours of PM Time Other $1.840.00 14 01-30-26-Project Administration 4 Hours of Admin Time Other $240.00 15 06-11-13-Lumber Lumber for Additional Walls at Area of Refuge Other $320.00 16 01-52-19-Sani Cans $10.64 Daily Rental Rate Other $31.92 17 01-74-19-Dumpster $9.46 Daily Rental Rate Other $28.38 18 01-52-13-Temporary Field Office $20.96 Daily Rental Rate Other $62.91 19 01-54-21-Man&Material Hoist $105 Daily Rental Rate Other $315.00 20 0152-15-Storage $3 Daily Rental Rate Other $9.00 Subtotal: $46,369.01 Bond:3.00%Applies to all line item types. $1,391.07 Liability Insurance:1.26 Applies to all line item types. $597.00 Contractor Fee:10,00%Applies to all line item types. $4,835.71 B&O Tax:0.58%Applies to all line item types. $308.52 Sales Tax:8.80%Applies to all line item types. $4,708.12 Grand Total: $58,209.43 4 Bruce McKean(Helix Design Group) Mason County suctin 6021 12th St E,Suite 201 411 North 5th St C Tacoma,Washington 98424 Shelton,Washington 98584 dmarWashilgtcon 98402 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Colvos Construction page 2 of 2 Printed On:10/15/2020 12:04 PM MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: November 3, 2020 Agenda Item #g.15 Commissioner staff to complete) BRIEFING DATE: October 26, 2020 BRIEFING PRESENTED BY: Jennifer Beierle, Budget Manager [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Agreement between Mason County and Economic Development Council of Mason County (EDC) for the CARES Act Grant— COVID-19 Response 2"6 Round of Funding Project EXECUTIVE SUMMARY: CARES Funding is available to help Mason County businesses experiencing severe financial hardship due to the effects of the Coronavirus. The EDC and Mason County have already completed one agreement granting $300,000 in funding to Mason County businesses struggling due to COVID. The original agreement granted up to $10,000 to each business meeting the contract criteria. This 2"d round of grants is also for $300,000 and includes the following changes from the original agreement: • Provides up to $10,000 to qualifying businesses in Mason County with less than 20 employees, or up to $20,000 to qualifying businesses in Mason County with 21 or more employees • Provides the opportunity for non-profit organizations engaged in economic development activities to submit an application, providing up to $10,000 to serve up to four non-profits • Includes a "double dipping"disclaimer: businesses who did not receive equal to or greater than $5,000 in COVID-19 support grants will be given preference • Does not provide any additional assistance to the EDC to administer the contract • The effective date of the Agreement is from signing through November 30, 2020 BUDGET IMPACTS: $300,000 CARES Act Funding Eligible RECOMMENDED ACTION: Approval for the Chair to sign the Agreement between Mason County and Economic Development Council of Mason County (EDC) for the CARES Act Grant— COVID-19 Response 2"d Round of Funding Project J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2020\Action Agenda- 11.3.2020 EDC 2nd round of CARES Funding.doc i AGREEMENT BETWEEN Mason County,Washington AND Economic Development Council of Mason County This Agreement is made between Mason County(herein called the COUNTY)and Economic Development Council of Mason County(EDC)(herein called CONTRACTOR)for the GPBG CARES Act Grant—COVID-19 Response Z"d Round of Formatted:Superscript Funding project(herein called the Project). As the Washington State Department of Commerce(Commerce)is authorized by the US Department of Treasury to provide funds to units of COUNTY selected to undertake and carry out projects under the Washington State Coronavirus Relief Fund (CRF)Program in compliance with all applicable local,state,and federal laws, regulations and policies;and As the COUNTY has applied for and received a Coronavirus Relief Fund for COUNTYs award,contract number 20-6541C-023(CFDA 21.019),to fund the Project;and As it benefits the COUNTY to engage the CONTRACTOR to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A.COUNTY Responsibilities The COUNTY is responsible for administration of the CRF contract,and ensuring CRF funds are used in accordance with all program requirements [(24 CFR 570.501(b)]and its Department of Commerce contract referenced above.The COUNTY will provide such assistance and guidance to the CONTRACTOR as may be required to accomplish the objectives and conditions set forth in this Agreement. The COUNTY is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute CONTRACTOR AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CRF Reports • Formulate and a CONTRACTOR monitoring plan and conduct on-site review • Ensure grant activities are completed Page 1 of 14 i • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. CONTRACTOR Responsibilities The CONTRACTOR will complete in a satisfactory and proper manner as determined by the COUNTY the following tasks to accomplish the objectives of principally benefiting low-and moderate-income persons or businesses.The CONTRACTOR will periodically meet with the COUNTY to review the status of these tasks. Principal Tasks • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner. • Provide COVID-19 Response assistance in the form of emergency grant awards of up to JILOOO$10,,GW to qualifying businesses in Mason County with less than 20 employees or up to$20 000 to aualifvine businesses in Mason County with`21 or more employees to enable them to retain the level of employees as close to January 2020 as possible and to cover the cost of business interruption caused by required closures related to the COVID-19 pandemic mitigation. Formatted:Underline • Provide the opnortunity for non-profit oiFeanization engaged in economic development activities to submit an application'Contractor may provide un to$10,000 to serve up to four non-profits. • Utilize a 3-Tiered ranking system summarized in Attachment 2.TIME OF.PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect through November 30^^•� ,2020 with all reimbursement requests completed by that date. 3.AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative.Each party may change its representative upon providing written notice to the other party.The parties' representatives are as follows: A.CONTRACTOR: Economic Development Council of Mason County Name of Representative: Jennifer Baria Mailing Address: 310 E Cota Street City,State and Zip Code: Shelton,WA 98584 Telephone Number:360426 2276 Fax: na E-mail Address: jennifer@choosemason.com UBI#:601137830 Page 2 of 14 i B. COUNTY: Mason County Name of Representative:Kelly Bergh Title:Financial Analyst Mailing Address: 411 N 5th Street City,State and Zip Code: Shelton,WA 98584 Telephone Number:360 427 9670 ext 644 Fax Number:360 427 8437 E-mail Address:kbereh@co.masonma.us 4. BUDGET The COUNTY will pass through to the CONTRACTOR no more than$300,000 in CRF funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount COVID-19 direct employee payroll assistance and $300,000 business interruption assistance of emergency grants COVID-19 direct employee payroll assistance for $26,009 the Mason County EDC to administer this contract as Modified Total Direct Costs(MTDC) Indirect Cost Rate: %Federally Approved Indirect Rate,or 10%de minimis rate,or fill out"N/A" declining to charge indirect, Indirect Cost Rate if the CONTRACTOR chooses to charge Indirect under this grant, the CONTRACTOR shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government.If no such rate exists,a de minimis indirect cost rate of 10%of modified total direct costs(MTDC)will be used. "Modified Total Direct Costs(MTDC)"shall mean all direct salaries and wages, applicable fringe benefits,materials and supplies,services,travel,and up to the first $259990 of each subaward(regardless of the period of performance of the subawards under the award). MTDC excludes equipment,capital expenditures,and rental costs. Any amendments to this Agreement's Budget must first be determined by the COUNTY as consistent with its CRF contract with Commerce and then approved in writing by the COUNTY and the CONTRACTOR. S. PAYMENT Reimbursement under this Agreement will be based on billings,supported by appropriate documentation of costs actually incurred.It is expressly understood that Page 3 of 14 i claims for reimbursement will not be submitted in excess of actual,immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CRF funds through the Washington State Department of Commerce CRF Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The COUNTY will monitorthe performance of the CONTRACTOR by tracking project progress,reviewing payment requests for applicable costs,managing the timely pass- through of CRF funds,overseeing compliance with Department of Commerce requirements,and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the CONTRACTOR within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. 7.SPECIAL CONDITIONS A. Withholding Payment:, In the event the CONTRACTOR has failed to perform any obligation underthis AGREEMENT within the times set forth in the AGREEMENT,the COUNTY may,upon written notice;withhold from amounts otherwise due and payable to CONTRACTOR, without penalty,until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages,provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the natute of the default or failure to perform,and in no case more than 10 days after it determines to withhold amounts otherwise due.A determination of the Administrative Office,set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause,without prejudice to any other remedy under the AGREEMENT,to take all or any of the following actions:(1)cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR,(3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR.In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause,no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working Page 4 of 14 i conditions,in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act;and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages,minimum overtime pay,and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary,hazardous,or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have,by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY,and CONTRACTOR further promises that it will not in the future,directly or indirectly,induce or solicit any person or corporation to refrain from submitting a bid or proposal'to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings,programs,data,public records or other materials prepared by CONTRACTOR and/or its consultants or sub-CONTRACTORs,in connection with performance of this AGREEMENT,shall be the sole and absolute property of COUNTY. E. E-verify: The E-Verify CONTRACTOR'program for Mason County applies to contracts of $100,000 or more and subcontracts for$25,000 or more if the primary contract is for $100,000 or more.CONTRACTOR represents and warrants that it will,for at least the duration of the AGREEMENT,register and participate in the status verification system for all newly hired employees.,The term"employee"as used herein means any person that is hired to perform work for Mason County.As used herein,"status verification system:_means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security,also known as the E-Verify Program,or any other successor electronic verification system replacing the E-Verify Program.CONTRACTOR agrees to maintain records of such compliance and,upon request of the COUNTY,to provide a copy of each such verification to the COUNTY.CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington.CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following:(a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three(3)years,with notice of such cancellation/termination being made public.In the event of such termination/cancellation,CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit.CONTRACTOR will review and enroll in the E- Verify program through this website:www.uscis.gov Page 5 of 14 1 F. Disputes: Differences between CONTRACTOR and COUNTY,arising under and by virtue of the AGREEMENT Documents,shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken.Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records,orders,rulings, instructions,and decisions of the Administrative Officer shall be final and conclusive. G. Arbitration: Other than claims for injunctive relief brought by a party hereto(which may be brought either in court or pursuant to the arbitration'provision),and consistent with the provisions hereinabove,any claim,dispute or controversy between the PARTIES under, arising out of,or related to the AGREEMENT 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 the AGREEMENT.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 AGREEMENT shall be determined by the arbitrator.The arbitrator shall apply substantive law and may award injunctive relief,equitable relief(including specific performance),or any other remedy available from a judge,including expenses,costs and attorney fees to the prevailing party and pre-award interest,but shall not have the power to award�punitive damages.The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator.At the request of either party made no 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 process with arbitration. H. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason.Unless otherwise specified herein,this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. 8. GENERAL CONDITIONS A.General Compliance The CONTRACTOR agrees to comply with: • The requirements of Title V and VI of the CARES Act.Regulations;and • All other applicable Federal,State and Local laws,regulations,and policies, governing the funds provided under this Agreement. Page 6 of 14 I B. Independent CONTRACTOR Nothing contained in this Agreement is intended to,or will be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The CONTRACTOR will at all times remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY will be exempt from payment of all Unemployment Compensation,FICA,retirement,life and/or medical insurance and Workers'Compensation Insurance,as the CONTRACTOR is an independent contractor. C. Hold Harmless CONTRACTOR shall indemnify,defend and hold harmless the COUNTY,and its officers,officials,boards,commissions,agents and employees(while acting in an official capacity)from any action,claim,damage,loss,liability,cost or expense,including court and appeal costs and reasonable attorneys'.fees and expenses,arising from any action, neglect,omission or inaction of the CONTRACTOR its agents or employees. CONTRACTOR shall consult and cooperate with the COUNTY while conducting its defense of the COUNTY.If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a)the COUNTY,its elected or appointed officials,or its agents or employees and(b)CONTRACTOR,or its agents or employees,then in such event the defense and indemnity provisions provided for in the preceding paragraph shall be valid and enforceable only to the extent of CONTRACTOR's negligence. The COUNTY shall indemnify,defend and hold harmless CONTRACTOR,and its officers,agents and employees(while acting in an official capacity)from any action, claim,damage,loss,liability,cost or expense,including court and appeal costs and reasonable attorneys'fees and expenses,arising from any action,neglect,omission or inaction of the COUNTY its agents of employees.The COUNTY shall consult and cooperate with CONTRACTOR while conducting its defense of CONTRACTOR.If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a)CONTRACTOR,its elected or appointed officials,or its agents or employees and(b)the COUNTY,or its agents or employees,then in such event the defense and indemnity provisions provided for in the preceding paragraph 9.1 shall be valid and enforceable only to the extent of the COUNTY's negligence. Procedures and Defense.The indemnified party shall give the other party timely written notice of any claim or of the commencement of any action,suit or other proceeding covered by the indemnity in this Section.If a claim or action arises, indemnified party shall then tender the defense of the claim to other within six(6) business days of receipt of such notice,which defense shall be at the indemnifying parry's expense.The indemnified party may participate in the defense of a claim and,in any event,the Indemnifying party may not agree to any settlement of claims financially affecting the indemnified party without the indemnified parry's prior written approval, which approval shall not be unreasonably withheld. Expenses.If separate representation to fully protect the interests of both parties is necessary,such as a conflict of interest between the indemnified party and the counsel selected by indemnifying party to represent the indemnified party,the indemnifying Page 7 of 14 i party shall pay the expenses incurred by the indemnified party in defending itself with regard to any action,suit or proceeding indemnified.The indemnified party's expenses shall include all out of-pocket expenses that are necessary for the indemnified party defense,such as consultants'fees,and shall also include the reasonable value of any services rendered by the General Counsel/County Attorney or his/her assistants or any employees of the indemnified party or its agents but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the indemnified party by the indemnifying party. D.Workers'Compensation The CONTRACTOR will provide Workers'Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The CONTRACTOR will carry sufficient insurance coverage to protect contract assets from loss due to theft,fraud and/or undue physical damage,and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the COUNTY. The CONTRACTOR shall furnish the COUNTY with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services.The certificates will,at a minimum,list limits of liability and coverage.The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30)days prior written notice to the COUNTY. F. Funding Source Recognition The CONTRACTOR will insure recognition of the roles of Commerce,the WA State CRF program,and the COUNTY in providing services through this Agreement.All activities,facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source: In addition,the CONTRACTOR will include a reference to the support provided herein_in all publications made possible with funds made available under this Agreement. G.Amendments The COUNTY or CONTRACTOR may amend this Agreement at any time provided that such amendments make specific reference to this Agreement,and are executed in writing,signed by a duly authorized representative of each organization,and approved by the COUNTY's governing body.Such amendments will not invalidate this Agreement, nor relieve or release the COUNTY or CONTRACTOR from its obligations under this Agreement. H.Suspension or Termination The COUNTY may suspend or terminate this Agreement if the CONTRACTOR materially fails to comply with any terms of this Agreement,which include(but are not limited to)the following: Page 8 of 14 i 1. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statues,regulations,executive orders,and guidelines,policies or directives as may become applicable at any time; 2. Failure,for any reason,of the CONTRACTOR to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement;or 4. Submission by the CONTRACTOR to the COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the COUNTY or the CONTRACTOR,in whole or in part,by setting forth the reasons for such termination,the effective date,and,in the case of partial termination,the portion to be terminated. However,if in the case of a partial termination,the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A.Financial Management 1. Accounting Standards The CONTRACTOR agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary source documentation for all costs incurred. 2. Cost Principles, The CONTRACTOR will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The CONTRACTOR certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract,subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The CONTRACTOR will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook.Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records required to determine the eligibility of activities; Page 9 of 14 i C. Records required to document the acquisition,improvement,use or disposition of real property acquired or improved with CRF assistance; d. Records documenting compliance with the civil rights components of the CRF program; e. Financial records as required by 24 CFR 570.502,and 2 CFR 200.333; f. Labor standards records required to document compliance with the Davis Bacon Act,the provisions of the Contract Work Hours and Safety Standards Act,and all other applicable Federal,State and Local laws and regulations applicable to CDBG- funded construction projects;and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee,the Washington State Department of Commerce,and other authorized representatives of the state and federal governments shall have access to any books,documents,papers and records of the CONTRACTOR that are directly pertinent to this Agreement for the purposes of making audit,examination,excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained'by the.CONTRACTOR fora period of six years after final audit of the COUNTY's CRF project,unless a longer period is required to resolve audit findings or litigation.In such cases,the COUNTY will request a longer period of record retention. 3: Audits and Inspections All CONTRACTOR records with respect to any matters covered by this Agreement will be made available to the COUNTY,Commerce,and duly authorized officials of the state and federal government,at any time during normal business hours,as often as deemed necessary,to audit,.examine,and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within 30 days after receipt by the CONTRACTOR.Failure of the CONTRACTOR to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The CONTRACTOR that expends$750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning CONTRACTOR audits and 2 CRF 200.501.The Catalog of Federal Domestic Assistance(CFDA)number is 21.019. C. Reporting 1. Program Income Page 10 of 14 i The CONTRACTOR will report annually all program income(as defined at 24 CFR 570.500(a))generated by activities carried out with CRF funds made available under this Agreement.The use of program income by the CONTRACTOR will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The CONTRACTOR,at such times and in such forms as the COUNTY may require,will furnish the COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith,and any other matters covered by this Agreement. 10. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The COUNTY's failure to act with respect to a breach by the CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The failure of the COUNTY to exercise or enforce any'right or provision will not constitute a waiver of such right or provision. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the COUNTY and the CONTRACTOR for the use of funds received under this Agreement and it supersedes all prior communications and proposals,whether electronic,oral,or written between the COUNTY and the CONTRACtOR,with respect to this Agreement. Page 11 of 14 i IN WITNESS WHEREOF,the COUNTY and the CONTRACTOR have executed this Agreement as of the date and year last written below. Mason County Economic Development Council of Mason County By: By: Sharon Trask,Chair Jennifer Baria,Executive Director Date: Date: Approved As To Form: Tim Whitehead,Chief DPA Page 12 of 14 i EXHIBIT A SCOPE-OF-WORK The Economic Development Council of Mason County(EDC)will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT,Washington Department of Commerce's(Commerce)guidance as required to provide referral and direct services in compliance with the CRF program and Mason County's (COUNTY)policies and procedures.It is the EDC's responsibility to review,understand, implement and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. CONTRACTOR will: 1_4 Conduct applicant eligibility screening for Mason County businesses to determine program eligibility incompliance with CRF requirements. Formatted:Indent:Left: 1.06", No bullets or numbering 2. Reouire businesses to complete an intake form that includes a"double dipping" Formatted:Numbered+Level:1+Numbering Style:1,21 disclaimer as part of the eligibility screening:businesses who did no[ieceive equal to or 3,...+Start at:1+Alignment:Left+Aligned at: 0.81"+ greater than$5,000 in COVID-19 support grants will be given oreference. indent at: 1.06" 1_A.-Provide emergency grants of up,to 10 0 00$4GQW each to eligible businesses with Formatted:Numbered+Level:1+Numbering Style:1,2, less than 20 employees:Provide eniergeircy grants of up to$20,000 to eligible 3,...+Start at:1+Alignment:Left+Aligned at: 0.8111+ businesses with 21 or more employees.To enable these small businesses to retain the Indent at: 1.06" level of employees ss close to January 2020 levels in response to the COVID-19 crisis and to coverthe cost'ofbusiness interruption caused by required closures related to the COVID-19 pandemic mitigation. Formatted:List Paragraph,Right: 0", No bullets or 4. Provide the Opportunity for non-profit Organizations engaged in economic development numbering,Tab stops:Not at 0.5" activities.to submit an aoblications Contractor may provide up to$10,000 to serve up to Formatted:Numbered+Level:1+Numbering Style:1,2, four non-orofit5. 3,...+Start at:1+Alignment:Left+Aligned at: 0.81"+ Indent at: 1.06" 3.Collect,track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT,COMMERCE's guidance's as applicable. CONTRACTOR must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4.Voucher Requests and Reports: A.Formulate and submit a Washington State Voucher Distribution request(form A19)for the entire amount ofthe Grant to the COUNTY.Submission to include one digital copy in WORD e-mailed to Kelly Bergh. B.Formulate and submit a CFR Monthly Beneficiary Reporting Form and a CRF Project Status Report to COUNTY.A digital copy is acceptable e-mailed to Kelly Bergh.COUNTY will be responsible for submitting completed forms and reports to COMMERCE.See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N.Sth Street Page 13 of 14 i Shelton,WA 98584 kb ereh Ca co.m aso n.wa.u s 5. Participate in PROJECT meetings,including a grant start-up meeting,as scheduled by COUNTY. 6.Participate and support on-site compliance reviews conducted by COUNTY per CRF requirements. 7.Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. Page 14 of 14 AGREEMENT BETWEEN Mason County, Washington AND Economic Development Council of Mason County This Agreement is made between Mason County (herein called the COUNTY) and Economic Development Council of Mason County (EDC) (herein called CONTRACTOR) for the CARES Act Grant—COVID-19 Response 2"d Round of Funding project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the US Department of Treasury to provide funds to units of COUNTY selected to undertake and carry out projects under the Washington State Coronavirus Relief Fund (CRF) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the COUNTY has applied for and received a Coronavirus Relief Fund for COUNTYs award, contract number 20-6541C-023 (CFDA 21.019),to fund the Project; and As it benefits the COUNTY to engage the CONTRACTOR to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. COUNTY Responsibilities The COUNTY is responsible for administration of the CRF contract, and ensuring CRF funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its Department of Commerce contract referenced above.The COUNTY will provide such assistance and guidance to the CONTRACTOR as may be required to accomplish the objectives and conditions set forth in this Agreement. The COUNTY is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute CONTRACTOR AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CRF Reports • Formulate and a CONTRACTOR monitoring plan and conduct on-site review • Ensure grant activities are completed Pagel of 14 • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. CONTRACTOR Responsibilities The CONTRACTOR will complete in a satisfactory and proper manner as determined by the COUNTY the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons or businesses. The CONTRACTOR will periodically meet with the COUNTY to review the status of these tasks. Principal Tasks • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner. • Provide COVID-19 Response assistance in the form of emergency grant awards of up to$10,000 to qualifying businesses in Mason County with less than 20 employees, or up to $20,000 to qualifying businesses in Mason County with 21 or more employees to enable them to retain the level of employees as close to January 2020 as possible and to cover the cost of business interruption caused by required closures related to the COVID-19 pandemic mitigation. • Provide the opportunity for non-profit organization engaged in economic development activities to submit an application. Contractor may provide up to $10,000 to serve up to four non-profits. • Utilize a 3-Tiered ranking system summarized in Attachment 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect through November 30, 2020 with all reimbursement requests completed by that date. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. CONTRACTOR: Economic Development Council of Mason County Name of Representative: Jennifer Baria Mailing Address: 310 E Cota Street City, State and Zip Code: Shelton,WA 98584 Telephone Number: 360 426 2276 Fax: na E-mail Address: jennifer@choosemason.com U BI#: 601137830 Page 2 of 14 B. COUNTY : Mason County Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton,WA 98584 Telephone Number: 360 427 9670 ext 644 Fax Number: 360 427 8437 E-mail Address: kbergh co.masonma.us 4. BUDGET The COUNTY will pass through to the CONTRACTOR no more than $300,000 in CRF funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount COVID-19 direct employee payroll assistance and $300,000 business interruption assistance of emergency grants COVID -19 direct employee payroll assistance for the Mason County EDCto administer this contract as Modified Total Direct Costs (MTDC) Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect Indirect Cost Rate if the CONTRACTOR chooses to charge Indirect under this grant, the CONTRACTOR shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10%of modified total direct costs (MTDC)will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies,services,travel, and up to the first$0 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the COUNTY as consistent with its CRF contract with Commerce and then approved in writing by the COUNTY and the CONTRACTOR. 5. PAYMENT Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that Page 3 of 14 claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CRF funds through the Washington State Department of Commerce CRF Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The COUNTY will monitor the performance of the CONTRACTOR by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass- through of CRF funds, overseeing compliance with Department of Commerce requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the CONTRACTOR within a reasonable period of time after being notified by the COUNTY, contract. suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT,the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due.A determination of the Administrative Office set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause,without prejudice to any other remedy under the AGREEMENT,to take all or any of the following actions: (1)cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working Page 4 of 14 conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR.and/or its consultants or sub-CONTRACTORS, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. E. E-verify: The E-Verify CONTRACTOR program for Mason County applies to contracts of $100,000 or more and subcontracts for$25,000 or more if the primary contract is for $100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY,to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County-contract for up to three (3)years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract . cancellation or loss of license or permit. CONTRACTOR will review and enroll in the E- Verify program through this website: www.uscis.gov Page 5 of 14 F. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT 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 the AGREEMENT.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 AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages.The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no 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 process with arbitration. H. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein,this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. S. GENERAL CONDITIONS A. General Compliance The CONTRACTOR agrees to comply with: • The requirements of Title V and VI of the CARES Act. Regulations; and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. Page 6 of 14 B. Independent CONTRACTOR Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The CONTRACTOR will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the CONTRACTOR is an independent contractor. C. Hold Harmless CONTRACTOR shall indemnify, defend and hold harmless the COUNTY, and its officers, officials, boards, commissions, agents and employees (while acting in an official capacity) from any action, claim, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees and expenses, arising from any action, neglect, omission or inaction of the CONTRACTOR its agents or employees. CONTRACTOR shall consult and cooperate with the COUNTY while conducting its defense of the COUNTY. If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a)the COUNTY, its elected or appointed officials, or its agents or employees and (b) CONTRACTOR, or its agents or employees,then in such event the defense and indemnity provisions provided for in the preceding paragraph shall be valid and enforceable only to the extent of CONTRACTOR's negligence. The COUNTY shall indemnify, defend and hold harmless CONTRACTOR, and its officers, agents and employees (while acting in an official capacity) from any action, claim, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys'fees and expenses, arising from any action, neglect, omission or inaction of the COUNTY its agents or employees. The COUNTY shall consult and cooperate with CONTRACTOR while conducting its defense of CONTRACTOR. If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a) CONTRACTOR, its elected or appointed officials, or its agents or employees and (b)the COUNTY, or its agents or employees, then in such event the defense and indemnity'provisions provided for in the preceding paragraph 9.1 shall be valid and enforceable only to the extent of the COUNTY's negligence. Procedures and Defense. The indemnified party shall give the other party timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. If a claim or action arises, indemnified party shall then tender the defense of the claim to other within six (6) business days of receipt of such notice, which defense shall be at the indemnifying party's expense.The indemnified party may participate in the defense of a claim and, in any event,the Indemnifying party may not agree to any settlement of claims financially affecting the indemnified party without the indemnified party's prior written approval, which approval shall not be unreasonably withheld. Expenses. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the indemnified party and the counsel selected by indemnifying party to represent the indemnified party,the indemnifying Page 7of14 party shall pay the expenses incurred by the indemnified party in defending itself with regard to any action, suit or proceeding indemnified.The indemnified party's expenses shall include all out of-pocket expenses that are necessary for the indemnified party defense, such as consultants' fees, and shall also include the reasonable value of any services rendered by the General Counsel/County Attorney or his/her assistants or any employees of the indemnified party or its agents but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the indemnified party by the indemnifying party. D. Workers' Compensation The CONTRACTOR will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The CONTRACTOR will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the COUNTY. The CONTRACTOR shall furnish the COUNTY with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services.The certificates will, at a minimum, list limits of liability and coverage.The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the COUNTY. F. Funding Source Recognition The CONTRACTOR will insure recognition of the roles of Commerce,the WA State CRF program, and the COUNTY in providing services through this Agreement. All activities,facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition,the CONTRACTOR will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The COUNTY or CONTRACTOR may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the COUNTY or CONTRACTOR from its obligations under this Agreement. H. Suspension or Termination The COUNTY may suspend or terminate this Agreement if the CONTRACTOR materially fails to comply with any terms of this Agreement, which include (but are not limited to)the following: Page 8 of 14 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and guidelines, policies or directives as may become applicable at anytime; 2. Failure, for any reason, of the CONTRACTOR to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the CONTRACTOR to the COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the COUNTY or the CONTRACTOR, in whole or in part, by setting forth the reasons for such termination,the effective date, and, in the case of partial termination,the portion to be terminated. However, if in the case of a partial termination,the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The CONTRACTOR agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The CONTRACTOR will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The CONTRACTOR certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The CONTRACTOR will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records required to determine the eligibility of activities; Page 9 of 14 C. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CRF assistance; d. Records documenting compliance with the civil rights components of the CRF program; e. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; f. Labor standards records required to document compliance with the Davis Bacon Act,the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG- funded construction projects; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee,the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the CONTRACTOR that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the CONTRACTOR for a period of six years after final audit of the COUNTY's CRF project, unless a longer period is required to resolve audit findings or litigation. In such cases,the COUNTY will request a longer period of record retention. 3. Audits and Inspections All CONTRACTOR records with respect to any matters covered by this Agreement will be made available to the COUNTY, Commerce, and duly authorized officials of the state and federal government, at anytime during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within 30 days after receipt by the CONTRACTOR. Failure of the CONTRACTOR to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The CONTRACTOR that expends $750,000 or more in a.fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning CONTRACTOR audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 21.019. C. Reporting 1. Program Income Page 10 of 14 The CONTRACTOR will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CRF funds made available under this Agreement. The use of program income by the CONTRACTOR will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The CONTRACTOR, at such times and in such forms as the COUNTY may require,will furnish the COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 10. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The COUNTY's failure to act with respect to a breach by the CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The failure of the COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the COUNTY and the CONTRACTOR for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the COUNTY and the CONTRACTOR with respect to this Agreement. Page 11 of 14 IN WITNESS WHEREOF,the COUNTY and the CONTRACTOR have executed this Agreement as of the date and year last written below. Mason County Economic Development Council of Mason County By: By: Sharon Trask, Chair Jennifer Baria, Executive Director Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 12 of 14 EXHIBIT A SCOPE-OF -WORK The Economic Development Council of Mason County(EDC)will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT,Washington Department of Commerce's(Commerce)guidance as required to provide referral and direct services in compliance with the CRF program and Mason County's (COUNTY) policies and procedures. It is the EDC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. CONTRACTOR will: 1. Conduct applicant eligibility screening for Mason County businesses to determine program eligibility incompliance with CRF requirements. 2. Require businesses to complete an intake form that includes a "double dipping" disclaimer as part of the eligibility screening:businesses who did not receive equal to or greater than$5,000 in COVID-19 support grants will be given preference. 3. Provide emergency grants of up to$10,000 each to eligible businesses with less than 20 employees; provide emergency grants of up to$20,000 to eligible businesses with 21 or more employees.To enable these small businesses to retain the level of employees as close to January 2020 levels in response to the COVID-19 crisis and to cover the cost of business interruption caused by required closures related to the COVID-19 pandemic mitigation . 4. Provide the opportunity for non-profit organizations engaged in economic development activities to submit an application.Contractor may provide up to$10,000 to serve up to four non-profits. 3. Collect,track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's guidance's as applicable. CONTRACTOR must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4.Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19)for the entire amount of the Grant to the COUNTY. Submission to include one digital copy in WORD e-mailed to Kelly Bergh. B. Formulate and submit a CFR Monthly Beneficiary Reporting Form and a CRF Project Status Report to COUNTY.A digital copy is acceptable e-mailed to Kelly Bergh. COUNTY will be responsible for submitting completed forms and reports to COMMERCE.See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N. 5th Street Page 13 of 14 Shelton,WA 98584 kbergh@co.mason.wa.us 5. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 6. Participate and support on-site compliance reviews conducted by COUNTY per CRF requirements. 7.Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. Page 14 of 14 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: November 3, 2020 Agenda Item #8• JU Commissioner staff to complete) BRIEFING DATE: 10/19/20 BRIEFING PRESENTED BY: Support Services [ ] ITEM.WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ➢ ITEM: Approval of the 2021 contract extensions as follows: $38,500 to Northwest Event Organizers (NEO)for Concierge Handbook&Wild Side Guides Campaign and $276,250 for Tourism/Marketing, $48,750 for Local Festival Support and $48,750 for Unanticipated Services for a $373,750 total; $87,000 to Shelton Mason County Chamber of Commerce, $40,600 to North Mason Chamber and $15,800 to the Mason County Historical Society Museum for Visitor Information Center(VIC) services as recommended by the Lodging Tax Advisory Committee. Background: Mason County receives funds from room taxes imposed on lodging facilities. These funds can be expended for activities established by and eligible under State law. Tourism promotion is defined under RCW 67.28.080 as"...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." The Lodging Tax Advisory Committee met on October 12, 2020 and recommended these awards. The legislative body may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee, pursuant to RCW 67.28.1816(2)(b)(ii). Budget Impacts: This is funded with lodging tax revenue. Lodging tax receipts have decreased compared to 2019 but we are on target for collecting what was anticipated - $390,000. YTD revenue is $318,208. The Lodging Tax Fund has a cash balance of approximately$700K and there is adequate funding for these contract extensions. RECOMMENDED ACTION: Approval of the 2021 contract extensions as follows: $38,500 to Northwest Event Organizers (NEO) for Concierge Handbook&Wild Side Guides Campaign and $276,250 for Tourism/Marketing, $48,750 for Local Festival Support and $48,750 for Unanticipated Services for a $373,750 total; $87,000 to Shelton Mason County Chamber of Commerce, $40,600 to North Mason Chamber and $15,800 to the Mason County Historical Society Museum for Visitor Information Center(VIC) services as recommended by the Lodging Tax Advisory Committee. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 A ends Item #8.4 BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: BRIDGE LIMIT RESOLUTION BACKGROUND: Annually, the County Engineer reports the current status of all county bridges to the Board of Mason County Commissioners, as a requirement of Washington Administrative Code (WAC) 136-20-060, and recommends the Board update the Resolution on Bridge Limits. Mason County Public Works inspects and inventories 65 roadway bridges within Mason County (64 bridges owned by Mason County and one owned by the City of Shelton). The inspections for this year have been completed. It has been determined that bridge 1 and 2 needs to be posted with maximum load limits and 3 through 7 as one lane travel bridges. 1. Stretch Island Bridge (Bridge #645000015, on the E Eckert Road) 2. Rossmaier Bridge (Bridge #008000059, on the Deckerville Road) 3. Hliboki Bridge (Bridge #102900035, on the Bulb Farm Road) 4. Gosnell Creek Bridge (Bridge #105100023, on the Bolling Road) 5. Eich Road (1) Bridge (Bridge #110700015, on the Eich Road) 6. Eich Bridge (Bridge #110700026, also on the Eich Road) 7. Carlson Bridge (Bridge #016500405, on Beeville Road) RECOMMENDED ACTION: Recommend the Board approve, the annual resolution establishing load/lane limits for traffic control on seven (7) Mason County bridges. Attachment: 1. Resolution RESOLUTION.110. -20 BRIDGE LIMITS WHEREAS,RCW 36.75.270 gives the Board of Mason County Commissioners the authority by resolution to limit orprohibit classes or types of vehicles on any county bridge and may limit the weight of vehicles which may travel thereon. WHEREAS,In compliance with the requirements of the Federal Highway Administration's National Bridge Inspection Standards(NBIS)for specialized haul vehicle regulations,updated bridge load ratings have been completed as required;and WHEREAS,load ratings have determined that two(2)of Mason County's sixty-four(64)bridges shall be posted with a maximum load limit,and WHEREAS,five(5)of Mason County's Sixty-four(64)bridges shall continue to be posted as one lane. NOW,THEREFORE,BE IT RESOLVED,that these restrictions be posted,as listed below,for the 2021 calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the County Engineer. Max No.of Maximum Bridge No. Bridge Name Load Limit Lanes Sneed Limit 008000059 Rossmaier Bridge Tyne Limit 2 W Deekerville Rd 3 21 Tons 3S2 33 Tons 3-3 41 Tons SU4 19 Tons SU5 20Tons SU6 21 Tons SU7 21 Tons 645000015 Stretch Island Bridge Tyne Limit 2 — E Eckert Rd SU4 23 Tons SU5 24 Tons SU6 25 Tons SU7 28 Tons 102900035 Hliboki Bridge I -- Bulb Farm Rd. 105100023 GosneI Creek Bridge — Bolling Road 110,700015 Eich Road(1)Bridge --- 1 --- Eich Road 110700026 Eich Bridge ---- 1 — Eich Road 016500405 Carlson Bridge — I — Beeville Road NOW,THEREFORE;BE;IT FURTHER RESOLVED,that the County Engineer shall post the said bridges as set forth herein. Violation of these limits shall constitute a misdemeanor in accordance with RCW 36.75.270. DATED this_day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON SHARON TRASK,Chair KEVIN SHUTTY,Vice Chair MCKENZIE SMITH,Clerk of the Board ED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM�WIUT ce: Public Works Sheriff Prosecutor Publ.:I Time: 1 (_]12t20(Bill:Mason County Dept of Public Works) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 A enda Item #8 .1 BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Load/Speed Restrictions and Emergency Closing Orders for County Roads BACKGROUND: Pursuant to RCW 36.80.030 and RCW 46.44.080, local authorities, with the respect to public highways under their jurisdiction may prohibit the operation of trucks and other vehicles or impose limits as to weight or other restrictions that are necessary by reason of rain, snow, climatic or other conditions that may damage or destroy unless the operation of vehicles are prohibited or restricted; provide special permitting may be authorized for school buses (or emergency routes requested), or truck transporting perishable or health commodities. The resolution also gives the County Engineer or his/her designee the authority to close a county road in the absence of the Board and in the case of an emergency or conditions may close a road without permission or delay in accordance with RCW 47.48.020 The county load/speed restrictions and emergency closing orders for county roads must be imposed by resolution and will be reviewed by Public Works annual and updated as needed. RECOMMENDED ACTION: Recommend the Board approve, the Resolution authorizing the County Road Load/Speed Restrictions and Emergency Closing Orders for county roads. Attachment: 1. Resolution RESOLUTION NO. LOAD/SPEED RESTRICTIONS AND EMERGENCY CLOSING ORDERS FOR COUNTY ROADS NOTICE IS HEREBY GIVEN that pursuant.to the emergency provisions of RCW 36.75,270 and RCW 46.44.080,all Mason County roads are hereby immediately subject to closure for travel by all vehicles exceeding the weight and/or speed limits as listed herein until rescinded. (Note:The Board may suspend the closure on any County Road by independent action according to the prevailing conditions). THIS ORDER shall not supersede or modify any restrictions now in force"covering load limits on bridges located upon county roads. THE COUNTY ROADS.posted with the following load restrictions are closed to all vehicles with a gross weight(vehicles and load)which exceeds the following load limits for the size of tires as stated in WAC 468-38-080 and as set forth below: EMERGENCY LOAD RESTRICTIONS CONVENTIONAL TIRES TUBELESS OR SPECIAL WTTH.5 MARKING Gross Load Gross Load Tire Size Each Tire Tire Size Each Tire 7.00 1800 lbs. 8-22.5 2250 lbs. 7.50 2250 lbs. 9-22.5 2800 lbs. 9.25 2806 lbs. 10-22.5 3400 lbs. 9.00 3400 tbs. 11-22.5 4000 lbs. 10.00 4060 lbs. 11-24.5 4000 lbs. 11.00&over 4500 lbs. 12-22.5&over 4500 lbs. SEVERE EMERGENCY LOAD RESTRICTIONS CONVENTIONAL TIRES TUBELESS OR SPECIAL WITH.5 MARKING Gross Load Gross Load Tire Size Each Tire Tire Size Each Tire 7.00 1800 lbs. 8-22.5 1800 lbs. 7.50 1800 lbs. 9-22.5 19001bs. 8.25 1900 lbs. 10-22.5 2250 lbs. 9.00 2250 lbs. 11-22.5 2750 lbs. 10.00 2750 lbs. 11-24.5 2750 lbs. 11.00&over 3000 lbs. 12-22.5&over 3000 lbs. N ACCORDANCE WITH RCW 36.75.270,36.80.030 and RCW 46.44.080,these emergency restrictions may be imposed effective immediately,by posting the roads involved Mason County Board of Commissioners,hereby authorizes the County Engineer or their designee,as needed or at the direction of the County Commissioners,to prohibit or restrict as to weight and speed the operation of vehicles upon County roads likely to sustain serious damage by reason of weather or environmental conditions by posting said County roads with Emergency Load Restrictions or Severe Emergency Load Restrictions,as defined by WAC 468-38-080,and posting a speed limit restriction. WHEN IMPOSING LOAD RESTRICTIONS pursuant to this Resolution,die Mason County Public Works Department shall specify and display by posted signs,whichever of the above schedules of load restrictions is necessary to protect the county road from damage. NO ALLOWANCE SHALL BE MADE for any second gear axle suspended from the frame of the vehicle independent of the regular driving axle,otherwise known as"rigid trail'axles. Allowance will be made for single tires only on the front of any truck. The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axles in excess of the prescribed load,as above set-forth. Any loading in excess of the specified maximums as listed herein will be considered a violation of this order. If the motive power for any type of trailer is inadequate to safely handle the specified maximum load as listed herein for such trailer,then in that event,the load on the trailer shall be reduced sufficiently to allow said truck and trailer to operate with safety. PERMITS ALLOWING TRANSPORTATION ALONG RESTRICTED ROADS. Permits may be issued by the Mason County Public Works Department to allow the operation of trucks transporting perishable commodities or commodities necessary for the health and welfare of local residents on such county roads,which may be closed or restricted. Such permit may include weight and speed restrictions,plus other restrictions deemed necessary to protect the roadway from undo damage. Vehicles with a gross weight of less than 10,500 lbs(GV W)shall be permitted to operate at full capacity under this resolution.(By general rule emergency vehicles do not need a special permit,but may require weight and speed restrictions.School buses maybe required to run emergency bus routes with possible speed restrictions). Page 1 of 2 i:. LoadlSpeed Restrictions and Emergency ClosingCrders for County Roads Resolution No. VIOLATION-TRAFFIC INFRACTION. Any violation of these restrictions constitutes an infruction under the provisions of RCW 46.44.105;RCW 46.44.080. CIVIL LIABILITY PENALTY. Violators are also subject to civil,liability for the damage caused by such violations as provided under RCW 46.44.110 and RCW 46.44.120. POSTING ROAD CLOSURES.The Board of County Commissioners delegates the authority in the. absence of the said Board of County Commissioners,permission to close any and all county roads by publishing and posting notice in accordance with RCW 47.48.020;provided,however,that in cases of emergency or conditions,the County Engineer or their designee may,-without permission or delay,close county roads temporarily to all vehicles or designated class of vehicles or place other conditions or restrictions by posting notice at each end of the closed portion of road(s).Such restrictions shall be effective immediately upon posting. THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY hereby resolves to place the above described Load Restrictions and Emergency Closing.Orders in effect until rescinded and the county road purpose described herein.is declared a public necessity and the County Engineer shall be and is hereby ordered and authorized to proceed as prescribed by law. ADOPTED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASIIINGPON ATTEST: SHARON TRASK,Chair MCKENZIE-SMITH,Clerk of the Board KEVIN SHUTTY,Vice Chair APPROVED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM WHTI'EHEAD, .D . cc: Commissioners Public Works Prosecutor Sheriff Pub]--1 Time: 11/12LO(Bill: Mason County Dept of Public Works) t i I I I Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Maintenance Surfacing Materials— County Vendor Roster BACKGROUND: Public Works would like to open our annual solicitation to prospective suppliers in order to establish a 'Surfacing Materials Vendor Roster"for various types and smaller quantities of rock and sand to be used on projects throughout Mason County on an as-needed basis. Having an active vendor list with set prices will enable Mason County Public Works to evaluate relative costs from multiple suppliers and ensure an efficient and most cost- effective method. All material quotes must meet specifications included in the solicitation and should generally be available at the supplier's source. After vendor quotations are received, Public Works will finalize the list of qualified suppliers. Material suppliers placed on the approved vendor list are expected to honor their agreed unit prices; however, Mason County does not guarantee a minimum purchase of materials. RECOMMENDED ACTION: Recommend the Board authorize Public Works use the County Vendor Roster to solicit and establish a 2021 Surfacing Materials unit pricing vendor list and purchase quantities as needed. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # .20 BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Vehicle/Equipment Towing and Tire Repair Services — County Vendor Roster BACKGROUND: Public Works/ER&R would like to open our annual solicitation..to prospective vendors in order to establish a '"Tire Repair Vendor Roster" and "Towing Services Vendor Roster"for these services utilized on an as-needed basis. These services are solicited annually and may be awarded to several companies. RECOMMENDED ACTION: Recommend the Board authorize for Public Works/ER&R to use the County Vendor Roster to solicit for vehicle and equipment towing and tire repair services for the 2021 calendar year and sign and award contract(s). Mason County does not guarantee a minimum purchase of these services. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director PW-U&W Management Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 A enda Item # 0.2 BRIEFING DATE: October 19, 2020 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Eells Hill Transfer Station Outbound Scale Replacement BACKGROUND: On January 24, 2020 the outbound scale at the Eells Hill Transfer facility failed. It was determined, by a hired technician that one of the 10 load cells within the drive-on scale went bad and needed to be replaced for the scale to remain functional. Replacement of this cell cost the Public Works U&W Management Division $7,636.87. The technician also indicated that it was apparent that the other 9 load cells can be expected to experience the same type of failures. On March 16, 2020, Public Works staff briefed the County Commission and requested approval to research the option of relocating a replacement scale at another location at the Eells Hill facility. Staff have determined that option is not feasible because it would require more resources than available to implement. Staff looked at a few other options and reviewed with the Board at the October 19"' Public Works briefing. Public Works staff have recommended the option to replace the scale with a concrete foundation-type scale, that would have a 10-year warranty and a life expectancy of 20- 25 years. The current outbound scale at the transfer facility was installed in 1994 and had a 20-year life expectancy. The scale has past that expectancy by 6-years. RECOMMENDED ACTION: Recommend the Board authorize Public Works to procure and enter into contract with contractor to replace the Eells Hill Transfer Station outbound scale with a concrete foundation type scale estimated to cost approximately $130,000, plus tax and allows the Chair to sign all pertinent documents for this project. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3 2020 A enda Item # 8.22 BRIEFING DATE: July 20, 2020 and October 26, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Vacation No. 40S— Hearings Examiner Recommendation BACKGROUND: The Mason County Hearing Examiner held a hearing on August 26, 2020 to consider the petition from Union City Partners, LLC, represented by Mr. David Pitt, to vacate a portion of Sharpe Street that lays adjacent and West of Block 92 Lots 1 — 30 in the Plat of Union Hood Canal Land & Improvement Company's Addition to Union City. This right of way is 30 feet in width and approximately 290 feet long, abutting APN 32232-50-92001, 32232-50-92902 and 32232-50-92901. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on September 10, 2020, recommending approval of the proposed vacation with one condition: That the county shall approve the proposed street vacation, subject to any existing utility easements for ingress and egress for any other purpose, if any and in accordance with RCW 36.87.1401 retaining an easement in favor of Mason County for any utilities present in the vacated right of way. RECOMMENDED ACTION: Recommend that the Board consider the Hearings Examiner recommendation to approve Road Vacation No. 405, vacating a portion of Sharpe Street located West and adjacent of Block 92 as recorded in Union Hood Canal Land & Improvement Company's Plan of Union City. Attachments: 1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations 2. Order of Vacation 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY ! 2 Phil Olbrechts,Hearing Examiner 3 RE: Road Vacation No.405 4 FINDINGS OF FACT,CONCLUSIONS i 5 Petition for a Road Vacation OF LAW AND RECOMMENDATION 1 6 SUMMARY 8 The petitioner,David Pitt,has petitioned for vacation of an approximately 30x290-foot portion of Sharpe Street, abutting APN 32232-50-92001 in Union City. The proposed 9 vacation area is not necessary for County use. David Pitt,the petitioner for the right of 10 way,is the owner of all lots adjacent to the requested vacation area.Access to Mr.Pitt's lots is via Orre Nobles Road.No other parcels require this portion of Sharpe Street for 11 access and vacation of it will not landlock any other parcel. For these reasons it is recommended that the Commissioners approve the vacation request. 12 TESTIMONY 13 14 Phil Franklin, Right of Way Agent for Mason County, stated this is a straightforward 15 vacation. Mr. Pitt did a good job providing evidence. The County staff understood the issue, and none felt the proposed vacation area would have any public need. The right 16 of way hasn't been opened or used. The other roads nearby provide access to all 17 adjacent properties. 1 i 18 David Pitt stated Orre Nobles Road nearby is a developed loop road. The portion proposed for vacation is landlocked by another vacated portion. No continuous road 19 could be created by the area proposed for vacation. The adjacent block is one big open j area owned by a single owner who's accessing the property by another adjacent road. 20 i 21 EXHIBITS 22 Exhibit 1: Engineer's Report with attachments A-1 through D-4. 23 24 25 Road Vacation P. 1 Recommendation �I I i 1 i FINDINGS OF FACT j 2 i Procedural: f 3 4 1. Hearing. A virtual hearing on the petition for vacation was held on August 5 26,2020 at 1:00 pm via Zoom. y I 6 Substantive: 7 2. Site/Proposal Description. The petitioner, David Pitt, has petitioned for 8 vacation of an approximately 30x290-foot portion of Sharpe Street, abutting APN 32232-50-92001, 32232-50-92902 and 32232-50-92901 in Union City. 9 i 3. Utility of Vacation Area. The proposed vacation area is not necessary for i 10 County use. The portions of the original Sharpe Street right of way adjacent to the portion in question have already been vacated. Mr.Pitt is the owner of the entire Block 11 92 area adjacent to the proposed vacation. Access to Mr. Pitt's property is via Orre 12 Nobles Road. No other parcels require this portion of Sharpe Street for access and vacation of it will not landlock any other parcel. 13 4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the 14 vacation area as a Class A easement as opposed to County property owned in fee. 15 5. Administrative Fees. The petitioner has paid the$500 administrative fee as 16 shown in the receipt entered as Ex.A-10. i 17 CONCLUSIONS OF LAW 18 Procedural: 19 ' 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner 20 with the authority to review road vacation applications and make a recommendation to ' 21 the Mason County Board of County Commissioners. i 1 22 Substantive: 23 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements 24 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable 25 review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW,are quoted in italics below and applied via corresponding conclusions of law. Road Vacation p. 2 Recommendation i I MCC 12.20.010: County roads may be vacated in accordance.with the provisions of 2 RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the f 3 vacation. i 4 RCW 36.87.020: Owners of the majority of thefrontage on any county road orportion j thereof may petition the county legislative authority to vacate and abandon the same 5 or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the 6 public will be benefited by its vacation and abandonment. The legislative authority 7 may: 8 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, 9 report, and proceedings pertaining to the petition shall be charged; or 10 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. 11 j RCW 36.87.060; If the county road is found useful as apart of the county road system 12 it shall not be vacated, but if it is not useful and the public will be benefited by the 13 vacation, the county legislative authority may vacate the road or any portion thereof. 14 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes quoted above. As determined by the findings of fact, 15 the petitioner owns the property abutting the proposed vacation area.The petitioner has paid $500 in application fees as required by County regulations. As determined in 16 Finding of Fact No.3,the vacation area is not useful as a part of the county road system. j 17 The public will benefit from the vacation as it will increase the size of the adjoining property and thus increase its assessed value. 18 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 19 classified as.follows: 20 (1) Class A. All roads for which the right-of-way is an easement. 21 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid,full,fair market value of the fee simple estate. 22 4. Vacation Area Oualifies as Class A Road. As determined in the findings 23 of fact, the right of way subject to the requested vacation is an easement and therefore 24 qualifies as a Class A road. 25 MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to compensate the countyprior to the vacation. The compensation shall include, but not be limited to, the appraised,fair market value Road Vacation p. 3 Recommendation of the county's fee simple interest in the vacated road as of the effective date of the I vacation, and the costs of any and all appraisals deemed necessary by[...]the Hearing 2 Examiner or the Board of County Commissioners, together with any and all administrative costs incurred by the county in vacating the road. Said administrative 3 costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. Such 4 compensation must be paid to Mason County within six months of the date the vacation was approved by the Mason County commissioners or the vacation shall be null and 5 void. 6 5. Required Administrative Fees Paid. The County does not have a fee interest a 7 in the vacation area so no compensation is required for the value of the vacation area under the ordinance quoted above. The petitioner has already paid a$500 deposit for 8 the petition as shown in Ex. A-10. j 9 MCC 12.20.060: (a) The county shall require,as a condition precedent to the vacation ' 10 of roads or portion thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in 11 the following schedule: i 12 (1) Class A roads. No compensation other than for the administrative costs of the 13 vacation action, (2) Class B roads. One hundred percent of*the appraised,fair market value. 14 6. No Compensation Required. No compensation for the fair market value of 15 the road is required because the road qualifies as a Class A road. 16 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a bond 17 or cash deposit of a minimum of five hundred dollars, which shall be used to defray j examination, report, publication, investigation and other costs connected with the 18 application. When deemed necessary by the county engineer, an additional deposit i amount may be required to cover appraisal or other costs. Board of County 19 Commissioners[sic]For any petition, whether granted or denied,for which the deposit I exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any 20 petition, whether granted or denied,for which the costs exceeds the deposit, the excess 21 shall be billed to the petitioner and be due and payable immediately. 22 7. Required Deposit Paid. The petitioner has paid a $500 cash deposit as shown in Ex. A-10. 23 RECOMMENDATION 24 25 It is recommended that the Board of Commissioners approve the proposed vacation, subject to existing easements for ingress and egress for any other purpose, if any, and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way.. Road Vacation p.4 Recommendation 1 DATED this loth day of September,2020 i 2 i 3 4 W A.nlbrccltts 5 Mason County Hearing Examiner 6 7 I 8 i 9 10 11 { 12 13 14 15 16 17 18 I 19 20 21 22 23 24 1 25 Road Vacation p. 5 Recommendation RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE VACATION OF AN ORDER OF VACATION UNUSED PORTION OF VACATION FILE NO. 405 SHARPE STREET IN UNION CITY, RCW 36.87 RECORDED APRIL 6, 1889 PETITIONER: DAVID PITT WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: A portion of Sharpe Street located West and adjacent of Block 92 as recorded in Union Hood Canal Land & Improvement Company's Plan of Union City that is approximately 30'x 290' in size APN 32232-50-92001, 32232-50-92902 &32232-50-92901 in Union City recorded in Mason County, Washington. AND,WHEREAS,the date of the virtual hearing was set for August 26, 2020 at 1:00 p.m. and Notice of Hearing, Intent to Vacate, was published and posted according to law; and WHEREAS, the virtual hearing was held on August 26, 2020 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED, that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of , 2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice Chair Tim Whiteheal7CHTDPA Kevin Shutty, Commissioner Cc: File;Assessor;Auditor; Petitioner; Public Works Dept; GIS Vacation File No. 405 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 A ends Item # 6-n> BRIEFING DATE: October 26, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2021 Call for Bids for Paint Line, Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and Stockpiling of Chipseal Aggregate and Asphaltic Materials BACKGROUND: Mason County Public Works annually calls for bids for Paint Line, Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and Stockpiling of Chipseal Aggregate and Asphaltic Materials for summer road maintenance projects. The purpose of the call for bids is to solicit bids for the procurement of road maintenance materials and services needed for 2021 maintenance programs. The annual purchased of these materials and services are expected to exceed $50,000; therefore, formal competitive bidding is required for each. RECOMMENDED ACTION: Recommend the Board authorize Public Works to advertise, set bid opening dates/times, award contracts and allow the Chair to sign all pertinent documents for call for bids for routine Paint Line, Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and Stockpiling of Chipseal Aggregate and Asphaltic Materials for 2021. The contract awards will be announced during a regular meeting of the Board. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3 2020 A enda Item # .24 BRIEFING DATE: October 26, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Gail Otto Manager of Lettuce Loaf, LLC have applied for a Private Line Occupancy Permit to install a new underground waterline to replace their existing waterline installed in the 1950's. This permit will include running power and a septic transport line for moving the drain field to the upland portion of the property. The property is located at 9541 North Shore Rd. (parcel numbers 32224-51-01010 and 32224-51-01011). The permit will cover the replacing existing waterline adding power and a septic transport line that will run under North Shore Road. (see attached map). The application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across North Shore Road for parcel number 32224-51-01010 and parcel number 32224-51-01010, address 9541 North Shore Road. Attachments: 1. PLO 2. Vicinity Map IN THE MATTER OF THE APPLICATION OF LETTUCE LOAF, LLC FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN A WATER, SEPTIC TRANSPORT AND ELECTRIC LINE ALONG AND UNDER NORTH SHORE ROAD, A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of LETTUCE LOAF, LLC, with principal residence located at 9541 NE North Shore Road Belfair,WA 98528, by and through GAIL R. OTTO,MGR,for a private line utility occupancy permit to construct,operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit "A", having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the_day of , 2020, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the "Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. II. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the following described purpose(s): Install three (3) conduit lines to provide water for a two-party well, electrical power and backup septic transport between parcels 32224-51-01010 and 32224-51-01011 . 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a)private line(s) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of- way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the.restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the road right-of- way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer, other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work, Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, 3 including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities,public or private,drains,drainage ditches and structures,irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights- of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road or road right-of-way;may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time, place, or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law, including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order the Permittee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County, Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the work being performed; (2) where it is being performed; (3) its estimated completion date; and (4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of- way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below, Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required,unless and except upon two-business days' notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit, Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry, promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of- way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work, including without limitation, the opening of trenches and the tunneling under county roads, right-of way or other county property, the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Permittee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening); change of road right-of-way grade; construction, installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County, including but not limited to, delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Permittee's utility facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice,take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service, or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise, Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributorKnegligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option, and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work,unless and until Permittee(to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way) provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives, officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs), environmental or otherwise(collectively"liabilities") of any nature,kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to,in whole or in part,by permittee or its agents; or 7. the acts, errors, or omissions of third parties when arising out of the,installation, construction, adjustment,relocation, replacement, removal, or maintenance of such third-party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part, any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemnitees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,.relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense, including,but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety(90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety(90) day period, this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under, along, across, over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance, etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges, as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named parry shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further 12 obligations under the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city, or extension of the limits of any town or city, shall fall within the city or town limits; then, except to the extent allowed by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county property so included with city or town limits; but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this Permit shall be deemed to have a term for the maximum period allowed by law, and if no such maximum period is readily and easily capable of being identified, for a term of no longer than fifty(50) years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that,unlike a franchise,this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default; provided that, the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety(90)days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1) assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement(obtained by request), (2)transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without 13 prior written notice to the County and mutual acceptance of an assignment of the Permit, or (4)use of the utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the.County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de-commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work, the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Permittee or its agents to keep, observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee 14 and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit, Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of counsel, that it was not induced to accept a Permit, that this Permit represents the entire agreement between the Permittee and the County. In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing, this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, 15 Washington or the Western District of Washington if an action is brought in federal court, provided; however,that venue of such action is legally proper. B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach, or either party's right to enforce all other provisions of this Permit. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that, the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(30) days' advance written notice of such change in address. Permittee: Lettuce Loaf, LLC 3205 63rd Ave NW Gig Harbor, WA 98335 Attn: Gail R. Otto, Manager Grantor: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this Permit or meets any particular standard, code or requirement, or is in conformance with the plans and specifications, and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction,installation,relocation,adjustment,realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation, all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors, and others performing Work on its behalf, under its control, or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit,Title 12 MCC,the Manual, and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However, the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of- way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 2020. APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Cou y Engine r -` Chair Approved as to form: Vice Chair Chief A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Lettuce Loaf,LLC Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Lettuce Loaf, LLC Description of Franchise Area: SEE EXHIBIT A-3 A EXHIBIT"A" ACCEPTANCE OF PERMIT 20 Private Line Utility Occupancy Permit effective ,20+91. 1/iGa�S am/awothe ofparcel(s) 222 -5(--diGic3 and. and Uwe-am/ar-e the(Operator and)or(representative E authorized to)accept,Permit on behalf of LIEVILW rLa!A,LLC I/w certify that this Permit and all terms and conditions thereof are accepted by W-MiteLauk PLC- without qualification or reservation and guarantee performance hereunder. L"ft certify that,to the best of my/ow luiowledge,the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the i attached under Permit Exhibit"B". DATED this t/+Say of Aw, 72019. I ' PERMITTEE(S) i BY: I STATE OF � ) )ss. COUNTY OF Me�So in ) o ' I certify that I know or have satisfactory evidence that d is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath j stated that he/she was authorized to execute the instrument and acknowledged it as the M PL wNz, zY of the I..C''MAC P. LOP& L 1--C. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Publie—, I RT®fiar'y Public PrintName �Mt 1 _ CC�Y-�� y� State®faSioH9 My commission expires �' Z PHILLIP D FRANKLIN MY COMMLSSION EXPIRES f JULY 10,2021 A MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,2020 between the County of Mason, a legal subdivision of the state of Washington("County') and John M. Drake(Pernttee"). 1. Property. County has, pursuant to Private Line Utility Occupancy Permit granted to Permittee, the right, revocable at the will of the County, to use and occupy certain road rights-of-way for the construction, installation, adjustment,maintenance,removal,repair, relocation and operation of Permittee's utility facilities for the benefit of the herein described Property, upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the "Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto (herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety (90) days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of- way. DATED this day of ,2020 TY OF MA ON ngin er— rove worm: '""ChiefD.P.A. A-2 EXHIBIT A 9541 N . E. NORTH SHORE RD. =45101013 9531 NE NORTH SHORE RD =45101012 3=4510I007 9541 NE NORTH SHORE RD A LETTUCE LOAF, LLC PLO MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PLS, PE, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 Agenda Item #f3, 5 BRIEFING DATE: October 26, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Special Market Value Purchase of Demo Bucket Truck BACKGROUND Public Works is looking to acquire two (2) bucket trucks for the road crew to use for cutting back overhead vegetation to reduce taller vehicles from striking overhanging limbs, improve sight distance around curves/intersections and work along critical hillside roadway structures. This cannot be done with current equipment on hand. Public Works has been researching the costs and have found a 2018 and 2019 F550 Bucket Truck at discounted prices. These bucket truck typically cost $120,000/each plus tax. Public Works is able to currently procure two bucket trucks, a 2018 for $102,493.68 plus taxes and a 2019 $107,518.00 plus taxes, saving the County approximately $18,000 on each. The purchases would be covered in the current 2020 Road Fund budget. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure two F550 bucket trucks as special market value purchases. Attachments: 1. Resolution 2. Justification Form 3. Nelson Truck Equipment Company, Inc. Quote 4. VERSALIFT NW Quote �0�0� RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SPECIAL MARKET CONDITION PROCURMENT OF 2018 FORD F550 84CA 6.71-DIESEL BUCKET TRUCK FROM NELSON TRUCK EQUIPMENT COMPANY, INC. WHEREAS, RCW 39.04.280 (1) (b), allows for exceptions from standard bidding procedures based on special market conditions and sole source findings for qualifying purchases; and WHEREAS,the Board of County Commissioners approved the purchase of a bucket truck in the 2020 budget; and WHEREAS,the County Purchasing Policy requires a resolution to waive bidding requirements over $25,000. WHEREAS,the identified equipment fits the specific needs of the County and is available at a very favorable price that may be sold before the County could complete a formal bidding process; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: Section 1. RCW 39.04.280 authorizes the Board to waive standard competitive bidding requirements for the purchase of equipment where "special market conditions" exist for procurement of the equipment. To the extent any bidding requirements apply to the purchase of the equipment, in light of findings of fact set forth herein, the Board finds that special market conditions under RCW 39.04.280(b) exist and that all bidding requirements (if any) are hereby waived for the purchase of the specified bucket truck. Section 2. Special market conditions include: a) The 2018 Ford F550 84CA 6.71- Diesel Bucket Truck is being offered at a very favorable price to Mason County. b) The Bucket Truck may be sold by the provider before the County could complete a formal bid process. c) The equipment is needed for a specific purpose and is suitable to the unique needs of the Public Works Department. No other equipment has been found at the price that meets the needs and budget at this time. Section 3. The purchase of(1) 2018 Ford F550 84CA 6.71-Diesel Bucket Truck in the amount of $102,000 from Nelson Truck Equipment Company, Inc. is hereby approved. ADOPTED this day of_ , 2020 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Kevin Shutty, Commissioner { yoN.sTgrFo� MASON COUNTY Mo o "s U = SOLE SOURCE JUSTIFICATION FORM N y NT O Date: October 19,2020 Department:Public Works Department Contact:Mike Collins.Ext.452 Recommended Vendor: Nelson Truck Equipment Company,Inc. Address:6309 NE Columbia Drive Phone:503.572.7103 Cost Estimate: $102,493.68 Describe the item requested and its function:2018 Ford F550 Bucket Truck Recommended Vendor: VERSALIFT Address:3770 Brooklake Road NE Phone:971.940.8924 Cost Estimate:$107,518 Describe the item requested and its function:2019 Ford F550 Bucket Truck 1. Check the reasons for the sole source request: ❑ Sole Source:No other items are known to exist which performs the same function ❑ Special Design:Item is of specific design to fit in with an existing installation ❑ Consultant:Providing professional or technical expertise of a unique nature or location availability ❑ Proprietary:Item is held under exclusive title,trademark or copyright ❑ Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ® Special Market Value:The vendors are the holder of a 2018 and 2019 Ford F550 bucket truck that represents a good value and fits specific needs of the department. 3. Is this product available from other sources? ®Yes ❑ No 4. What necessary features does the vendor provide which are not available from other vendors? A very favorable price for the trucks that saves the county approx.$36 000 compared to newer models. 5. Can your requirements be modified so that competitive products or services may be used? ® Yes ❑ No If yes,please explain modifications and potential costs: Buying new would cost the county approximately $120 000/each It would be in the county's best financial interest to take advantage of these immediate purchasing opportunities and acquire the 2018 and 2019 bucket truck. 6. How does the recommended vendor's prices or,fees compare to the general market?The vendor's price is reasonable and a fair value. 7. What steps were taken to verify that these features were not available elsewhere? ❑ Other brands manufactures were examined.Provide a list of phone numbers and names and explain why these did not meet the requirement: ❑ Other vendors were contacted but did not meet the requirements.Provide a list of companies and phone numbers and why they did not meet the requirements: ® Other,please explain:The County looked for other new bucket trucks that were available. The County could not find any others available at the same pricing. My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County.I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities,favors or compromising action have taken place.Neither has my personal familiarity vAth particular brands,types of equipment,materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. �J}� Elected Official or Director Signature for Approval: "" ` 1.J Date: �� �1 �zo a A U-MRAZFS QUOTATION Nelson Truck Equipment Co Inc REVISED NO. 9/24/2020 6309 NE Columbia Drive Portland,OR 97218 PLEASE INDICATE ABOVE NUMBER WHEN ORDERING 503 572 7103 Quote To Date Mason Co Public Works 912412020 100 W Public Works Drive Contact Person John Seelke Shelton,WA 98584 Salesman John See/ke Attention:Jeremy Seymour CHASSIS INFO: 12018 FORD F550 84CA 6.7L DIESEL 4X2 PTO Provision STOCK/RTR ° Estimated Shipping Date F.O.B. Terms 3% 15 DAYS/NET 30 DAYS FOR AERIAL LIFT SALES ONLY. UNITS ON CHASSIS, Available Immediately Portland, Oregon location DUE ON PICKUP ID# Qty Item ID Description Unit Price Ext Price DURALIFT DTAX39FP 44 FT WORKING HEIGHT, 28FT SIDE REACH 350 LB Bucket Capacity, -2 To 81 Degrees Articulating Boom Travel, -25 To 78 degrees Main Boom Travel 1 1 D80114 DTAX-39FP CATEGORY D AERIAL LIFT 2 1 D60227 DC. BACKUP, HIGH SPEED PUMP 3 1 D60254 MAIN BOOM INSERT 4 1 D60267 ARTICULATING BOOM INSERT 5 1 D60212 CONTINUOUS ROTATION STD POWER STOW AT BASKET 6 1 D60360 4 AXIS NON HREC JOYSTICK 7 1 D60277 DOUBLE LOCKOUT STD 180° BASKET ROTATOR 8 1 D60492 24"X 30"WALKIN ALUMINUM BASKET BASKET DOOR:OPEN LEFT,HINGE LEFT STD 43" PEDESTAL 9 1 D60214 TOOL CIRCUIT AT BASKET 10 1 D60314 FISH PLATE MNTG KIT DTA35 11 1 D60351 SEVERE DUTY LEVEL RIDE TORSION BAR; REAR 12 1 D60292 TIMBREN LOAD BOOSTERS, FRONT 13 1 D60311 30"X 94"TAILSHELF, STEEL WALKUP 14 1 D60349 FRAME EXT. CLASS 516 FOR HITCH 15 1 D5495 2" COMBO PINTLE/BALL HITCH, RECEIVER STYLE 16 1 D4783 HITCH, PIN 17 1 D5237 7 PIN SPADE TRAILER PLUG 18 1 D60348 BODY AND MOUNTING HARDWARE KIT 19 1 D60224 PTO & PUMP, CLASS 5 20 2 D5340 WHEEL CHOCK WITH HANDLE 21 1 D5374 BACKUP ALARM 22 2 D5372 LED DOME STROBE LIGHT 23 2 D60407 SINGLE POST FOR LED STROBE 24 1 D1188 GRAB HANDLES-SMALL CHROME 25 1 503-2019 ALUMINUM POOL HANDLE 26 1 501-2147 ASSEMBLY; 10" BELTING STEP 27 1 D5478 INCLINOMETER 28 1 D60345 MUD FLAPS W/MOUNTING BRACKETS FOR UTILITY 29 1 D4620 5 LB FIRE EXT. W MOUNTING BRKT 30 1 D4618 TRIANGLE REFLECTOR KIT 31 1 501-0032-KHS KNAPHEIDE-BASE 132" BODY Knapheide Utility Body Model 6131 D54 131.25"Overall Length 94"Width 54" Floor Width 40"Side Compartment Height 20" Side Compartment Depth 24" Floor Height Street Side Compartments 1 V=34 1/4"W x 40" H 2V=21"W x 40" H H=52 3/4" L X 18 1/2" H 3V=231/4" L X 40" H Curb Side Compartments 1 V=34 1/4"W x 40" H 2V=21"W x 40" H H=52 3/4" L X 18 1/2" H 3V=23 1/4" L X 40" H Standard Shelving (2)Adjustable Shelves 1st and 2nd Verticle (1) Bolt-In Divider Shelf Curbside Horizontal (1)Adjustable Divider Shelf Rear Verticle (28) Shelf Dividers Tailboard channels at rear of bed Interior and Exterior Knap White Aerial Lift Understructure 32 1 D60481 TAILSHELF LIGHTS WITH HARNESS 33 1 2018 FORD F550 84CA 6.71- DIESEL VIN#1 FDUF5GT6JEC28386 Current Mileadge 12,074, Warranties-1 year on DURALIFT PRODUCT KNAPHEIDE SERVICE BODY-5 YEARS AGAINST RUST OUT CHASSIS-AS IMPLIED BY FORD GRAND TOTAL $102,000.00 WASHINGTON STATE WHOLESALER'S FEE $493.68 GRAND TOTAL PLUS WHOLESALER'S FEE $10Z493.68 Note.%WA State Taz not Included OPTIONS D60412 24"x24"x42" FIBERGLASS BASKET W/STEP $522.00 BASKET STEP: LEFT ALL ORDERS SUBJECT TO APPROVAL BY THE HOME OFFICE. The prices and terms on this quotation are subject to verbal or other agreements unless approved in writing by the Home Office of the Seller. All quotations and agreements are contingent upon strikes,fires,availability of materials,and other causes beyond our control.Typographical and stenographic errors are subject to correction. The Purchaser assumes liability for patent and copyright infringement when goods are made to the Purchasers specifications. When the quotation specifies material to be furnished by the Purchaser,the material must be of suitable quality to facilitate efficient production. Any conditions not specifically stated herein shall be goverened by established trade customs. Terms inconsistant with those stated herein which may appear on the Purchaser's formal order will not be binding on the Seller. If chassis info is not complete additional charges&options will be required. Freight: All Freight charges are estimates given at the time of the quotation. Dur-A-Lift does not assume liabiity for the cost of freight at the time of shipment. We are pleased to submit the above quotation for your consideration. Should you place an order,be assured it will receive our prompt attention. This quotation is subject to the conditions below. Payment terms quoted are subject to change based on the Dealers account status at the time of the order. VERSALIFT NW QUOTATION 3770 Brooklake Road NE <<V[RSAL1F1>>Salem, OR. 97303 S-21483ME-1 971.940.8924 A AME MANUFACTURING COMPANY Customer: Mason County Public Works Date: 08-20-2020 Attn:Jeremy Seymour Fleet Supervisor ieremys(a)co.mason.wa.us 360-427-9670 ext.387 We are pleased to quote the VERSALIFT SST-40-EIH, an insulated, end mounted 40 ft. telescopic articulating aerial platform lift,45 ft.working height including the following standard and optional features: ■ Standard platform capacity of 350 lbs. (158.7 kg). ■ VERSALIFT TruGuardTm dielectric isolating system with right hand single stick control. All control handles are isolated and tested per ANSI 92.2. The high resistive dielectric system is protected from direct environmental and job related contamination. TruGuardTM technology incorporates the use of full hydraulic controls with durable metal handles and linkages. ■ 180' hydraulic platform rotator. ■ Full pressure turret mounted lower controls including override. ■ Engine start/stop system with controls at platform and lower controls. ■ Continuous unrestricted rotation including three pass collector ring. ■ Three gpm (11.4 Ipm) open center hydraulic system. ■ Chassis insulating system (lower boom insert) including fiberglass compensation link providing 12 inches(0.30 m) insulation gap. ■ Fiberglass inner boom and patented ELECTROGARD providing 42 in. (1.07 m) insulation gap fully retracted meeting ANSI A92.2 requirements for Category C, 46 KV and below. ■ Hydraulic tool power at bucket. Quick disconnect couplers not included. ■ ELECTROGARD and inner boom finished with white urethane paint over white gel coat. ■ Integral hydraulic oil reservoir with dual sight gauges and 15 gal. (56.8 1) capacity. ■ End mounted closed 24 in. x 30 in. x 42 in. (0.61 m x 0.76 m x 1.07 m) fiberglass platform with one step, liner and cover. ■ Master/slave hydraulic leveling with upper control to tilt for clean-out and rescue. Leveling control at lower controls. ■ Non-lube bearings used at all pivot points. ■ Multi-link hose carrier system through booms. ■ Boom cradle and ratchet type tie down strap. ■ Two speed throttle control. ■ 12-volt DC backup pump providing power to all boom functions. ■ Mounting hardware for chassis/cab installation. ■ Full body harness and lanyard. ■ Painted standard white urethane. ■ Two operator's manuals and two service manuals. • ANSI A92.2 data plate. SST-40-EIH Date: 03-17-2020 VERSALIFT.COM Page 1 of 3 Quote#: S-21483 ■ Cab and chassis to the following specifications: ■ 2019 Ford F-550 4x4 cab and chassis with a CA of 84" ■ GVWR: 19,500 lbs. payload plus upgrade package. ■ 6.71-4V OHV Power Stroke V8 turbo diesel engine ■ TorgShift 6-speed automatic transmission ■ Snow plow prep package including dual alternators(Total 332-Amps) ■ 4.88 limited slip axle. ■ Air conditioning. ■ Engine block heater ■ 225/70Rx19.5G BSW traction tires. ■ Radio: AM/FM stereo includes 4 speakers. ■ HD vinyl 40/20/40 slit bench seat ■ Trailer brake controller ■ Operator Commanded Regeneration (OCR) ■ Rear view camera and prep kit ■ Painted Oxford White. ■ 132" long x 40" high x 94"wide steel service body including the following: ■ 24"tread plate tail shelf. ■ Cable access step at rear and side access. ■ Two (2)chrome grab handles at side access and two (2) pool type grab handles for rear tail shelf. ■ Stainless steel automotive rotary door latches with chain stops on all doors. ■ LED lighting package installed in tail shelf with additional cutouts for strobe lights ■ Master door lock hook and loop system on each door with two (2) spring loaded door handles. Excludes 1st vertical curbside. ■ Wheel chock storage on curbside: ■ Street side Compartmentation: ■ 1st Vertical: Two (2) adjustable shelves with dividers. ■ 2nd Vertical: One (1) adjustable shelf with dividers. ■ Horizontal: Open. ■ Rear Vertical: Two (2) adjustable shelves with dividers. ■ Hot stick shelf with rear access door. ■ Curbside Compartments: ■ 1st Vertical: Two (2) adjustable shelves with dividers ■ 2nd Vertical: Grip strut access steps to bed area with removable composite side gate. ■ Horizontal: Open. ■ Rear Vertical: Five(5) fixed material hooks(1-3-1) ■ Installation to include the following: ■ Install VERSALIFT SST-40-EIH, mounting hardware, PTO and pump. ■ Install rear torsion bar and ballast ■ Install and paint service body and accessories. ■ Install combination pintle hitch with 2" ball, D rings and 7 prong trailer connector ■ Install two (2)amber strobe lights in tail shelf and two (2) strobes lights in front grill ■ Install mud flaps, back up alarm and park brake interlock system. ■ Furnish fire extinguisher, 3-piece triangle reflector kit and wheel chocks. ■ Test ride completed unit for 1 hour. ■ Test and certify per ANSI A92.2 SST40-EIH Date: 03-17-2020 VERSALIFT.COM Page 2 of 3 Quote#: S-21483 Total net price for VERSALIFT SST-40-EIH, body and installation: $ 63,426.00 Total net price for cab and chassis: $ 44,092.00 Complete total net price: $ 107,518.00 Terms: Payment due upon delivery. MSO will be released after payment is made in full. Shipment: Above price includes delivery to Mason County Public Works Validity: This unit is complete and ready for immediate delivery. Ready to go units are sold on a first come basis. Above final price does not include and taxes title or document fees. Thank you for this opportunity, Mike Eastman Regional Sales Manager Cell: 971.940.8924 Email: mikeeastman(cD-versalift.com SIGNATURE: DATE: PURCHASE ORDER: QUANTITY: SST-40-EIH Date: 03-17-2020 VERSALIFT.COM Page 3 of 3 Quote#: S-21483 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Frank Pinter/McKenzie Smith Action Agenda Public Hearing X Other Department: Support Services Ext: 530 Commission Meeting Date: November 3, 2020 Agenda Item # g Commissioner staff to com lete Briefing Date: October 19, 2020 Briefing Presented By: Frank Pinter [ ] Item was not previously briefed with the board Please provide explanation of urgency Item Approval to set a hearing on Tuesday, November 24, 2020 at 9:15 a.m. to consider the sale of real property located at 2169 and 2179 Lake Boulevard in Shelton, WA; parcel # 32030-51-07010 and 32030-51-10001 for $42,500 to Habitat for Humanity. Background: Purchase offers have been made on the following properties: Parcel #: 32030-51-07010 and 32030-51-10001 Address: 2169 and 2179 Lake Boulevard, Shelton, WA 98584 Declaration of Surplus Resolution: 33-10 Assessed Value: $49,715 and $48,330 totaling $98,045 Original Listing Price: $0 Current Listing Price: $0 Offer: $50,000 Counter Offer: $60,000 Final Counter Offer: $42,500 Length of Listing: Contingencies: 22D (Optional Clauses), 22T (Title Contingency), 34 (Addendum), 35F (Feasibility) Delinquent Taxes: $0 Outstanding Liens: None known Other Costs: None known Recommended Action: Approval to set a hearing on Tuesday, November 24, 2020 at 9:15 a.m. to consider the sale of real property located at 2169 and 2179 Lake Boulevard in Shelton, WA; parcel # 32030-51-07010 and 32030-51-10001 for $42,500 to Habitat for Humanity. Attachment(s)• Purchase and Sale Agreements Agent Detail Reports Hearing Notice NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building 1, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 24, 2020 at 9:15 a.m. SAID HEARING will be to consider the sale of real property located at 2169 and 2179 Lake Boulevard, Shelton, parcel 32030-51-07010 and 32030-51-10001 for the price of$42,500 to Habitat for Humanity. PUBLIC COMMENT will be accepted via email msmith0co.mason.wa.us; or mail to Commissioners'Office, 411 North Fifth Street, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'Office no later than 4:00 p.m. the Friday before the meeting. If there are questions or comments about the sale of the above property, please contact Frank Pinter at fpinter0co.mason.wa.us. If special accommodations are needed, contact the Commissioner's Office at (360) 427-9670 ext. 419. DATED this 3rd day of November 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board c: Journal—Publish 2t: 11/12&11/19 Bill: Property Management—411 N 51'St,Shelton,WA 98584 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 1 Date: November 3, 2020 Agenda Item # (Commissioner Staff To Complete) Briefing Date: September 28, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing November 3, 202o at 9:3.5 a.m.to consider rezoning of a 0.2 acre parcel from Village Commercial (VC)to Residential 2 (R-2)within the Allyn Urban Growth Area (UGA). BACKGROUND: This request by the property owner to rezone an undeveloped 0.2-acre parcel on State Route 3 is forthe future development of a detached residential garage.The Planning Advisory Commission voted 6-o to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. Request is considered an amendment to the Development Regulations and not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 12220-50- 07008 from VC to R-2. ATTACHMENTO: Ordinance Staff Report with Attachments 10/27/2020 ORDINANCE NUMBER AMENDMENTTO MASON COUNTYALLYN UGA MAP BETSINGER REZONE ORDINANCE Mason County Allyn Urban Growth Area (UGA) Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS,Vick and Barry Betsinger,owners of real property in Mason County known as parcel 12220-50-07008, has requested a zoning change of the property from Village Commercial (VC) to Medium Density Multifamily Residential (R-2); and WHEREAS, on September 21, 2020, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a unanimous (6-0) motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing-on November 3, 2020; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Allyn UGA Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Allyn UGA Map rezoning parcel 12220-50-07008 from Village Commercial (VC) to Medium Density Multifamily Residential (R-2). DATED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner 2 Page I October 28,2020 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 0.2 ACRES FROM VILLAGE COMMERCIAL NO TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL (R-2) STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Vicki & Barry Betsinger Same PO Box 314 Allyn,WA 98524 SUMMARY OF PROPOSAL Rezone single parcel from Village Commercial(VC)to Single Family Residential(R-2). Parcel is in the Allyn Urban Growth Area (UGA).This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No.12220-50-o7oo8 is 0.2 acres in size(approximately 8,800 square feet)and is located within the Village Commercial District of Allyn,east of and adjacent to State Route 3. ZONING INFORMATION CURRENT ZONING DESIGNATION: VC—Village Commercial District The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment,service uses, including transient accommodations, and residential uses.The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may only be located in the village center. PROPOSED ZONING DESIGNATION: R-z—Medium Density Multifamily Residential District The purpose of the R-2 district is to provide for medium density multifamily and single-family attached residential dwellings with building scale, yards, and setbacks reflecting the intensity of development located proximate to commercial and public services and transit. The R-2 district provides a buffer between more intense uses and.single-family neighborhoods. Staff Report-BOCCBOCC Page 2 October 28,2020 BACKGROUND The applicant lives at 18510 E State Route 3,which is west of and adjacent to the subject parcel.They desire to build a detached garage as part of the ir single family development, however the VC zoning does not allow residential garages. ANALYSIS Mason County Code Section 17.oS.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request(applicant's general response is attached): 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. All Environmental Health and Building codes will be adhered to prior to construction. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations,and other county ordinances,and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and the Development Regulations. The residential zone is better suited than commercial at this specific site given the size of the parcel. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. There is no resource-based uses in the vicinity.Allyn is an Urban Growth Area and allows for a higher density residential development. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas,including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A Less intensive. S. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage Staff Report-BOCCBOCC Page 3 October 28,2020 development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. N/A Less intensive. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. N/A Less intensive. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. N/A Less intensive. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on September 2, 2020. Comment period forthis determination on September 17, 2020. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. The site was posted on September 4, 2020. Public Notice of the Planning Advisory Commission public hearing was published in the Mason Shelton Journal on September 10 and 17, 2020. Public Notice of this public hearing was published in the Mason Shelton Journal on October:Ls and 22, 2020. PLANNING ADVISORY COMMISSION On September 21, 2020,the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation,they made a 6-o decision to recommend approval to the BOCC. PUBLIC COMMENTS As of the date of this writing, no comments have been received. Staff Report-BOCCBOCC Page 4 October 28,2020 SUMMARY AND RECOMMENDATION Staff and PAC recommend that the Mason County Board of Commissioners approve this rezone request. ATTACHMENTS • Application • Current Zoning Map • SEPA DNS and Checklist • Current Zoning Map and parcel map • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail Staff Report-BOCCBOCC ' Fee:$2,220.00 ' MASON COUNTY A FA 2620-WOY,p COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: RECEIVED ❑Comprehensive Plan Policy ❑Development RegulationsU 17 2020 ❑Future Land Use Map (Comp Plan Amendmen*1 5 W. Alder Street Zoning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. , Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: �` % 1�- %lfAe. Mailing Address: &k_3p4 City: State: . Zip: Telephone No.: 1 Parcel Number(s): Parcel Size and Legal Description: k /�� �f� /��,Q✓9j��, What kind of change in Comprehensive Plan Policy,Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested?(Attach additional pages,if needed.) Rationale for the Request:(include information on the property features,land use,and maps that will be used in considering your application)(see the attached information sheet) ,5 4icc-- /. S jq A�Lr�'p Afel-'417 S&a'j- 'e,lvo, c s /4 Signature and date 0 J Mason County Community Services 615 W. Alder St.—Bldg. 8 Shelton, Washington 98584 August 18, 2020 Re: Environmental check list for Application for Amendment To Zoning Map Concerning Parcel #12220-50-07008 and a statement of compliance to 17.05.080— Rezone criteria To Whom it May Concern, Statement for Item 5 of Application Materials For Complete Consideration Of Your Request Pertaining to the above Parcel number,to my knowledge,there will be no environmental impacts in our use of this parcel versus the use of this parcel by a commercial building that would be built on this property. This parcel has a five foot drop off on the west end with the remainder of the property gently sloped towards the east. The surface of the gently sloping portion of the parcel is very soft during the rainy season (September-May). A layer of hardpan approximately eighteen inches deep does not let all the moisture drain further into the soil in much of the area. Our plan, if this parcel is rezoned, is to add approximately 576 square feet of concrete for a garage/storage structure and also to add approximately 700 square feet of crushed basalt rock which will firm up the soft soil to allow driving a car to the garage/storage structure. The crushed rock will still be a pervious surface which will allow water to perk into the soil below. Statement of Compliance to 17.05.080—Rezone criteria items (1)through (8) To the best of my knowledge, our plan stated above will not affect any of these items in either a negative or positive way. Thank you for your consideration, Barry and Vicki Betsinger MASON COUNTY G P �" Planning Division of Community Development h$ Planning DEPARTMENT 615 W.Alder St. Bldg. 8, Shelton,WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2020-00051 Description of Proposal: REZONE A 0.2 ACRE PARCEL FROM VILLAGE COMMERCIAL TO RESIDENTIAL Proponent: BETSINGER BARRY A&VICKI L Location of Proposal: East of and adjacent to State Route 3 in the Allyn Urban Growth Area Parcel Number: 122205007008 Legal Description: Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Kell Rowen at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11- 340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 09/16/2020. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. I � (so Authorized Local Government Official Date Printed by:Kell Rowen on:09/02/2020 05:15 PM Page I of 1 SEPA ENVIRONMENTAL CHECKLIST Mason County Permit Center Use: SEP 2G20 - 0006 Single Family DNS: $600.00 Parcel#: ❑ Other DNS: 0 to 9.99 acres: $730 Date Rcvd: 10 to 20 acres: $880 RECEIVED Over 20 acres: $1100 ❑ DS/EIS: $5000 + $90 per hour SEP Q 2 2020 615-W-A-Ider-Street Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project,""applicant," and "property or site"should be read as "proposal," "proponent," and "affected geographic area," respectively.The lead agency may exclude (for non-projects)questions in Part B- Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 1 of 14 A. Background HELP 1. Name of proposed project, if applicable: 2. Name of applicant: 3. dddr&essand phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: A-11A5e5X)Ci �,%Tl�)�/A1!A- 5� 6. Proposed timing or schedule (including phasing, if applicable): 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) ' C 4 o SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 0-17 /w'-z"9-A B. Environmental Elements FHELP1 1. h hf elpl a. Genera description of the site: (circle one): FI rolling, hilly, steep slopes, mountainous, other b. What is the steep e t slope on the site (approximate percent slope) c. What general types of soi are found on the site (for exam , clay, sand, gravel, peat, muck)? If you know the clas 'fication of agricultural soils pecify them and note any agricultural land of long-term c mercial significance d whether the proposal results in removing any of these soils. d. Are there surface indications or history uns le soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, tal area, and approximate q ntities and total affected area of any filling, excavation, an grading proposed. Indicate sourc f fill. f. Could erosion ccur as a result of clearing, construction, or use? If so, nerally describe. g. Abou hat percent of the site will be covered with impervious surfaces after pro ct cons uction (for example, asphalt or buildings)? SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 3 of 14 15. Public Services lbglo a. Would the project result in an increased need for public services (for example: fire protection, po. a protection, public transit, health care, schools, other)? If so, generally descril b. Proposed measures educe or control direct impacts on pu ' services, if any. 16. Utilities hf !0 a. Circle utilities currently available at t site: electricity, natural gas, water, ref service, tele one, sanitary sewer, septic system, other c. Describe the i ities that are proposed for the project, the utility p iding the service, and the eral construction activities on the site or in the immediate Unity which might be ded. C. Signature rHELP1 The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Name of signee Position and Agency/Organization Date Submitted: D. Supplemental sheet for nonproject actions HELP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the prop sal be likely to affect plants, animals,fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: nth ® �® l/ 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 'A' s IA7-16W� 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to'such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. r- . SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 14 of 14 Mason County WA GIS Web Map bf NS.' 14 WN r g r rf G0 merdal tor'Re§'idgitial �- Ai- AA, 01 ci / f K? . 9/2/2020, 5:27:22 PM 1:2,722 _ 0 0.02 0.04 0.09 mi L—..J!' County Boundary — State 0 0.04 0.07 0.14 km ❑ Tax Parcels(Zoom in to 1:30,000) — County -- Road Name Labels(Zoom to 1:100,000) — City + Railroads(Zoom to 1:200,000) Private Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS,AeroGRID,IGN,and the GIS User Community,Esri,HERE, Roads Green Diamond Garmin,(c)OpenStreetMap contributors,and the GIS user community Federal Mason County WA GIS Web Map Application Richard Diaz I Esri,HERE,Gannin I Earthstar Geographics I Mason County WA GIS Web Map 205a5700 2205058003 122205057001 1 501E TASTE ROUTE 3 122205058001 1222 8011 r°FrF*r� f, 122205008001 r� i 122200060010 " 122205060010 / r 1 t 1849 E STATE ROUTE 3 r � 1E512°E�ST�TE�R�OUTE 122205060 09 122205059009 122205 00018500 E ST ATE ROUTE-3 122200060010 t` 1222 05 007 01 0 1222 506 07 l 122200060000 1222a500700 18� aEr,TAt�UTE 3 1 - 205 60006 122205059006 222 5060005 122205059005 a+r 49 +r ' 8480 E STATE ROUTE 3 18471 E STATE R UTE 3 d�{ ,' 12AO5007007 ° 18514 ESTATE ROUTE 3 a' 122205000007 12220505900 122205059003 'f Fi' 18470E STATU, 2U 07005 i' r t i' IWO ESTATE ROUTE" 12 0006001 r 122205007003 122205059001 r � 18450 E'ST a.7AR�7E AC�R�UTAA r E33 f3 -.E,SfiA'dE(R r eF€ 1222 0069 8/3112020, 9:46:46 AM 1:765 0 0.01 0.01 0.02 mi t -� County Boundary 0 0.01 0.02 0.04 km t ® Site Address (Zoom in to 1:5,000) Tax Parcels (Zoom in to 1:30,000) Sources:Esri,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL,Ordnance Survey, Esd Japan,METI,Esd China(Hong Kong),(c)OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Bureau of Land Management,Esd Canada,Esd,HERE,Garmin,USGS,NGA,EPA,USDA,NPS I Richard Diaz i NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold three public hearings from the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 3, 2020, at 9:15 A.M. These hearings will be held via Zoom, see below for details. SAID HEARINGS will be to consider adopting the following Development Areas amendment and two Comprehensive Plan/Future Land Use Map amendments (zoning): • Rezone a 0.2 acre parcel (12220-50-07008)from Village Commercial (VC) to Residential-2 in the Allyn Urban Growth Area. Future proposal is to construct a residential garage as an accessory use to parcel 12220-50-06009. • Rezone 21.6 acres from Long Term Commercial Forest (LTCF) (parcels: North portion of 62009-00-00000)to Inholding Lands (IH); and rezone 35.6 acres from IH to LTCF (parcels: 62008-11-00050 and western half of 62008-11-00010). • Rezone 160 acres from Rural Residential 20 (RR20)to Long Term Commercial Forest (LTCF) (parcels 41934-20-00010 and 41934-20-00000); and rezone 159.38 acres from LTCF to RR20 (parcels 41927-14-00000, 51912-10-00010, 52008-42-00000 and 52008-23-00000). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: https://www.co.mason.wa.us/or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 6th day of October 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal-Publish 2x: October 22 &29, 2020 (Bill: Community Development—615 W.Alder,Shelton,WA 98584) 3,t STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE•PO Box 42525.Olympia, Washington 98504-2525•(360) 725-4000 www.commerce.wa.gov 09/03/2020 Ms. Kell Rowen .Planning Manager Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--MO-S-1744--60-day Notice of Intent to Adopt Amendment Dear Ms. Rowen: Thank you for sending the Washington State Department of Commerce(Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Proposed rezone of a single parcel(0.2 acres)in the Allyn UGA from Village Commercial to residential. We received your submittal on 09/02/2020 and processed it with the Submittal ID 2020-S-1744. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 11/01/2020. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360) 725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 L-•Numb2r �•::,2r. "dress 12220SO57003 Marvin L Hicks ET UX 4806 83rd Street SW,Lakewood,Wa.98499 }122205057002 Carolyn Balkema ET AL P.O.Box 75033,Seattle,Wa.98175 122205057001 Carolyn Balkema ET AL P.O.Box 75033,Seattle,Wa.98175 y122205060010 J&J Development LLC P.O.Box 623,Burley,Wa.98322 t y'122205060009 Cedarland Homes LLC P.O.Box 2264,Gig Harbor,Wa.98335 ::5122205060008 Delbert Stormo 509 SW Legacy Lane,Port Orchard,Wa.98367 122265060007 Bat'jack Holdings P.O.-9ox.2264,Gig Harbor,Wa.98335 122205060006 J&J Development LLC P.O.Box 623,Burley,Wa.98322 122205060005 Cedarland Homes LLC P.O.Box 2264,Gig Harbor,Wa.98335 122205060004 J&1 Development LLC P.O.Box 623,Burley,Wa.98322 122205060003 Cedarland Homes LLC P.O.Box 2264,Gig Harbor,Wa.98335 !- 122205060001 Jeff and Deborah Carey 890 E.Cedar Street,Belfair,Wa.98528 -122205059001 IJ Corporation P.O.Box 904,Allyn,Wa.98524 122205059003 IJ Corporation P.O.Box 904,Allyn,Wa.98524 122205059004 Delbert Stormo 509 SW Legacy Lane,Port Orchard,Wa.98367 122205059005 Three B's Properties LLC 3411 Lawton Street,Seattle,Wa.98199 122205059006 Delbert Stormo 509 SW Legacy Lane,Port Orchard,Wa.98367 122205059009 Duane&Shari Stormo P.O.Box 124,Allyn,Wa.98524 122205058001 Carolyn Balkema ET AL P.O.Box 75033,Seattle,Wa.98175 122205058011 Jeff and Deborah Carey 890 E.Cedar Street,Belfair,Wa.98528 '122205007001 Maui Sky Investments LLC P.O.Box 1886,Allyn,Wa.98524 122205007003 Meophin&Jennifer Forrester P.O.Box 1942,Allyn,Wa.98524 '122205007005 Cheryl Lee McColm 9127 Edgewater Dr.SW,Lakewood,Wa.98499 122205007007 Progressive Management,Inc. P.O.Box 222,Bremerton,Wa.98337 -- 122205006001 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122205006003 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 ;�; 2205006007 Nicholas Biskeborn P.O.Box 21,Allyn,Wa.98524 122205006901 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122205006903 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122205006904 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122201380745 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122201380746 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 122201480743 Ernest&Shirley McGibbon P.O.Box 902,Allyn,Wa.98524 t 122205006906 Port of Allyn P.O.Box 1,Allyn,Wa.98524 122205006909 Port of Allyn P.O.Box 1,Allyn,Wa.98524 122205006910 State of Washington,Fish&Wildlife 600 Capitol Way N.,Olympia,Wa.98501 122205008001 Port of Allyn P.O.Box 1,Allyn,Wa.98524 MASON COUNTY AGENDA ITEM SUMMARY FORM i o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 Date: November 3, 2020 Agenda Item #\0.1 (Commissioner Staff To Complete) Briefing Date: September 28, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing November 3, 2ozo at 9:3.5 a.m.to consider rezone of 16o acre parcel from Rural Residential 20(RR2o)to Long Term Commercial Forest(LTCF) and rezone 159.38 acres from LTCF to RR20 within the Rural Area of Mason County. BACKGROUND: This request by Port Blakely Tree Farm is to rezone 16o acres from RR20 to LTCF and rezone 159.38 acres from LTCF to RR20.The Planning Advisory Commission voted 6-0 to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. Request is considered an amendment to the Future Land Use map and is a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel numbers 41934-20-00010 and 41934-20-00000 from Rural Residential 20(RR2o)to Long Term Commercial Forest(LTCF) and rezone parcel numbers 41927-14-00000,51912-10-00010,520o8-42-00000 and 52008-23- 00000 from LTCF to RR20. ATTACHMENT(S): Ordinance Staff Report with Attachments 10/27/2020 - ORDINANCE NUMBER AMENDMENTTO MASON COUNTY FUTURE LAND USE MAP PORT BLAKELY REZONE ORDINANCE Mason County Future Land Use Map (Comprehensive Plan Amendment) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Port Blakely Tree Farms, owner of real property in Mason.County known as parcels 41934-20-00000 and 41934-20-00010, has requested a zoning change of property from Rural Residential 20 (RR20)to Long Term Commercial Forest (LTCF); and WHEREAS, Port Blakely Tree Farms,owner of real property in Mason County known as parcels 41927-14-00000, 52008-42-00000, 52008-23-00000 and 51912-10-00010, has requested a zoning change of property from Long Term Commercial Forest (LTCF) to Rural Residential 20 (RR20); and WHEREAS Mason County designates a net gain of 0.62 acres of LTCF property; and WHEREAS, on September 21, 2020, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a unanimous (6-0) motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on November 3, 2020; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Future Land Use Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public ' interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Future Land Use Map rezoning parcels 41934-20- 00000 & 41934-20-00010 from Rural Residential 20 (RR20) to Long Term Commercial Forest (LTCF) and rezones parcels 41927-14-00000,52008-42-00000,52008-23-00000 and 51912-10- 00010 from LTCF to RR20. DATED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Z Page I October 28,2020 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 160 ACRES FROM RURAL RESIDENTIAL 20 (RR20) TO LONG TERM COMMERCIAL FOREST (LTCF) AND 159.38 ACRES FROM LTCF TO RR20 STAFF CONTACT Kell Rowen, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Port Blakely Tree Farms Same C/O Dave Roberts 8133 River Dr.SE Tumwater,WA 985o1 SUMMARY OF PROPOSAL Port Blakely Tree Farms proposes to rezone one parcel 16o acres in size to Long Term Commercial Forest (LTCF) from Rural Residential 20 (RR2o) and rezone four separate smaller non-adjacent parcels 159.38 acres in size to RR20 from LTCF. - LTCF lands are considered Resource Lands and not Development Areas,therefore this swap requires y an amendment to the Future Land Use Map in addition to the Development Areas map. PARCEL INFORMATION Parcel Nos. 41g-34-20-00000& 41g34-20-00010 combined are 16o acres in size and are south of and adjacent to W State Route 1o8 and approximately three miles west of the Salish Cliffs Golf Club. Parcel No. 41927-14-00000 is 1.38 acres in size and is north of and adjacent to tracks owned by the Puget Sound & Pacific Railroad.This parcel is landlocked with no access to a public road. Parcel No.r,20o8-42-00000 is 38 acres in size and is south of and adjacent to W Shelton Matlock Road and is split to the east and west by the W Boyer Road. Parcel No. 520o8-23-00000 is 4o acres in size with approximately three acres lying south of and adjacent to the W Shelton Matlock Road and the remaining 37 acres lying north of and adjacent to the W Shelton Matlock Road. Parcel No.51g12-10-00010 is 8o acres in size and is located south of Lost Lake.W Lakeside Drive runs north/south through the western portion of the parcel and W Lake Forest.Lane runs north/south through the eastern portion of the parcel. ZONING INFORMATION LTCF—Long Term Commercial Forest The purpose of the LTCF designation is to maintain and enhance natural resource based industries, to encourage the conservation of commercial forest lands,to have no net loss of forest lands, and to discourage incompatible land use. Staff Report—BOCC Page 2 October 28,2020 RR20—Rural Residential 20 The purpose of the RR2o district is to provide for residential development on parcels of zo acres or more. BACKGROUND Port Blakely submitted a rezone application and fees to the Permit Assistance Center on July 8,2020. Port Blakely contacted the County prior to application to discuss the existing gravel mine on the 16o acre parcel zoned RR20. Port Blakely's long-term plan for that parcel is for gravel mining with reclamation to forestry. It was determined that they could rezone up to 3.6o acres of their smaller LTCF properties in exchange for rezoning the gravel mining property to LTCF.There is a net gain of o.62 acres of LTCF to the County. ANALYSIS Mason County Code Section 17.o5.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff response to the proposed request: 3.. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. The proposed rezone will result in a net gain of o.62 acres in LTCF. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations,and other county ordinances,and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. This criterion is met as the requested rezone is consistent with the Comp Plan, Development Regulations, other ordinances, and the GMA. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as the rezone increases compatibility with resource-based uses. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas,including but not limited to streets, parking, utilities,fire protection, police, and schools. Not applicable. Staff Report—BOCC Page 3 October 28,2020 No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Not applicable. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. Not applicable. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Not applicable. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. This criterion is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on August 31, 2020. Comment period for this determination closes on September 15, 2020. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of the Planning Advisory Commission public hearing was published in the Mason Shelton Journal on September 10 and 17, 2020. Public Notice of this public hearing was published in the Mason Shelton Journal on October-15 and 22,2020. PLANNING ADVISORY COMMISSION On September 21, 2020,the Planning Advisory Commission held a public hearing on this proposal. After calling fortestimony and deliberation,they made a 6-o decision to recommend approval to the BOCC. Staff Report—BOCC Page 4 October 28,2020 PUBLIC COMMENTS No formal comments have been received to date. ,SUMMARY AND RECOMMENDATION Staff and PAC recommend that the Mason County Board of Commissioners approve this rezone request. ATTACHMENTS • Application • SEPA DNS and Checklist • Aerial map/section maps of property As—AS • Age of tree stand maps • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail • Current Reclamation Permit Boundary map t Staff Report—BOCC RECEIVED Fe . $2,220.0o JUL 0 8 2020 MASON COUNTY er Street COMMUNITY SEWVI V Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: ❑Com.prehensive Plan Policy El Development Regulations uture Land Use Map (Comp Plan Amendment) 2Zoning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: Port Blakely Mailing Address: 8133 River Dr SE city: Tumwater State: Wa zip: 98501 Telephone No.: 360-570-1992 Parcel Number(s): 41934-20-00000 and4l934-20-00010. for4l927-14-00000,51912-10-00010, Parcel Size and Legalffl&"tion: sec 27 T19NR4W,160ac sec12 T19NR5W 80ac sec 8 T20N R5W 78ac sec 27 T19NR4W 1.38 ac What kind of change in Comprehensive Plan Policy, Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested?(Attach additional pages,if needed.) PORT BLAKELY WOULD LIKE TO EXCHANGE 160 OF RURAL RESIDENTIAL 20 AC r Ga !Q Rationale for the Request:(include information on the property features, land use,and maps that will be used in considering your application)(see the attached information sheet) THE AREA THAT IS ZONED RESIDENTIAL HAS ALOT OF STEEPER SLOPES ON IT AND IS nature and date MASON COUNTY Planning Division of Community Development Planning DEPARTMENT 615 W.Alder St. Bldg. 8, Shelton,WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2020-00034 Description of Proposal: Rezone two parcels (160 adjacent acres) of property zoned Rural Residential 20 to Long Term Commercial Forest and rezone four parcels (159.38 non- adjacent acres) of property zoned Long Term Commercial Forest to Rural Residential 20. This is a COMP PLAN MAP AMENDMENT as a change to the FUTURE LAND USE MAP Proponent: PORT BLAKELY TREE FARMS Location of Proposal: Five site locations in the southern portion of Mason County Parcel Number: 41934-20-00000, 41934-20-00010,41927-14-00000, 51912-10-00010, 52008- 42-00000 and 52008-23-00000 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Kell Rowen at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11- 340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 09/14/2020. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. L&a $ l 3 i (QD Authorized Local Government Official Date i Printed by:Kell Rowen on:08/31/2020 02:52 PM Page 1 Exhibit A oh ° 21 o D ees t 21N04W �m 20N06W aar u F� 102 �nn�:a��uaaagp x / Martln Rd ,0v+ eeK �a Spec 1 Stonere' = Dayton 7'taflj _siD"d.,d �+r G PttP° 2 on o 'A y L `tt�5Cre k �n oalt °jLy� e° ,i r p m n v y s o s sRd ra MatfockRd MN04W 52gq��Z3`.gqqq�© ear b 6arolonRp, most\ Ra o td eRd o L Q V wok Creo�Rd u+ 9rer d Rock.creo J d m D%oq°alt�m� oa A a /So H S m g > L Cfoquallum �7�32a�q=®nq'1 1 .� ulb Farm Rd � �' ,A,7 pyay+�r.qAr�flHit1� Artm 9NO6W Ca 1 oane teost1.7R6i'f�YLlI11YSi O D A 19N04W Roe 'MYYYV 5 gkoo° Y --p 108 Da � 18N05W M eits s^P romq�/S� rite No Gmyst or ,�F` r o' 1EN04W Thurston ape �h� ncn Rd `� l�cetf+ IAyte0k User Name:srise Date:6/42020 Port Blakely Mason County ©Port Blakely Ownership SEPA ENVIRONMENTAL CHECKLIST Mason County Permit Center Use:�� I SEP Single Family DNS: $600.00 Parcel#: LA«34_2_0_0D� Other DNS: 0 to 9.99 acres: $730 Date Rcvd: 10 to 20 acres: $880 RECEIVED Over20acres: $1100 ❑ DS/EIS:$5000 + $90 per hour JUL 0 9 2020 615 W.AdOT-Street_ _ -- Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully,to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable"or "does not apply"only when you can explain why it does not apply'and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later In the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made,the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals(such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the suPPLEMENTAL-,SHEET•FOR NONPROJECT ACTIONS(part D.1. Please completely answer all questions that apply and note that the words"project,""applicant,"and "property or site"should be read as"proposal,""proponent,"and"affected geographic area,"respectively.The lead agency may exclude(for non-projects)questions in Part B-Environmental Elements that do not contribute meaningfully to the analysis of the proposal. "f SEPA Environmental checklist(WAG 197.11-960)(MC version) July 2016 Page 1 of 14 �1 A. Background INELPI 1. Name of proposed project, if applicable: McDonald zoning exchange and commercial quarry development 2. Name of applicant: Port Blakely 3. Address atld.ph6de.number of applicant and contact person: 8133.River Dr,SE Tumwater WA 98501 Dave Rober is 4. Date checklist prepared: 7-10-2020 5. Agency requesting checklist: Mason county planning 6. Proposed timing or schedule(including phasing, if applicable): 7-1-20 to 1-1-21 7. Do you have any plans for future additions,expansion, or further activity related to or connected with this proposal? If yes, explain. yes , this is in preparation for a surface mine (Rock Quarry) i 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. there is a geologist report and a DNR surface mining permit 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. none at this time 10. List any government approvals or permits thatwill be needed for your proposal, if known. county conditional use permit and fill/grade permit and storm water permit 11. Give brief,complete description of your proposal,including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) this project entails trading approximately 160 acres of ROD 20 for 160 acres oftassified forest land also ,there will be a commercial rock quarry approx 90 acres of-the 160 perm) ted will be utilized � PrU potted fLZtMt fw� Lov�r'L-Groin Cow.»•Grcial Fares�- �TGP>4V R-?-Zt7 ��Zp tv LT L.F. SEPA Environmental checklist(WAC 197-11-950)(MC version) July 2016 page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project,including a street address, if any, and section,township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan,vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. V-2 20 g g 20 Mason county parcel 419342000000 and 419342 000010 section 34 T19N R4W APPROXIMATELY 4.4 MILES WEST OF KAMILCHE ON HIWAY 108 trading forest parcels519121000010 and 520084200000 and 520082300000 and 419271400000 LT C.C L-r r-'- t-T-ar- Ltr�F B. Environmental Elements HELP 1. Earth hf pM a. General description of the site: (circle one): Flat, rolling, hilly,steep slopes, mountainous, other . Hilly b. What is the steepest slope on the site(approximate percent slope)? 70% c. What general types of soils are found on the site(for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. silty loam d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. no none e. Describe the purpose,type,total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. This project is trading zoning classifications and in preparation of a commercial rock quarry developing between 9 and 12 million tons of basalt rock f. Could erosion occur as a result of clearing, construction, or use? If so,generally describe. some erosion could occur as a result of the mining operation erosion and sediment control best management practices will be utilized to prevent adverse impacts to the environment g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? less than 2 % SEPA Environmental checklist(WAG 197-11-960)(MG version) July 2016 Page 3 of 14 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Slopes Wth bare soil will be reseeeded with perrenial grass or covered with straw if if the slope is vulnerable for sediment delivery to a surface water 2.Air hj elp] a. What types of emissions to the air would result from the proposal during construction,, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. There will be minor amounts of dust from rock blasting and crushing during quarry operations b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. none at this time c. Proposed measures to reduce or control emissions or other impacts to air, if any: during dusty months crusher belts will be watered to reduce dust 3. Water lbelo a. Surface Water: hj elp] 1) Is there any surface water body on or in the immediate vicinity of the site(including year-round and seasonal streams,saltwater, lakes, ponds,wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. yes there are unnamed perrenial and seasonal streams on the quarry properties the property in sec 27-19-4 flows into skookum creek the property in sec 12-19-5 flows-into cloquallum creek and the property in sec 8 -20-5 flows into outlet creek 2)Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. none planned at this time 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. none 4)Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. no 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. no 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. no none SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 4 of 14 l b. Ground Water: hel 1)Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description, purpose, and approximate quantities if known. no none 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any(for example: Domestic sewage; industrial, containing the following chemicals. . . ;agricultural; etc.). Describe the general size of the system,the number of such systems,the number of houses to be served (if applicable), or the number of animals or humans the system(s)are expected to serve. no on site septic disposal planned c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any(include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. runoff will primarily be diverted to the forest floor for filtration however, some quarry runoff will be directed to retention ponds before terminating on the forest floor 2)Could waste materials enter ground or surface waters? If so, generally describe. it is possible if there were an accidental spill 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so, describe. drainage paths will be kept as natural as possible d. Proposed measures to reduce or control surface,ground, and runoff water, and drainage pattern impacts, if any: sediment and erosion control best management practices will be utilized SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 5 of 14 �l 4. Plants hf elpl a. Check the types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other x evergreen tree: fir,cedar, pine, other shrubs Xgrass __pasture crop or grain Orchards,vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush,skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? the site is presently growing 2 year old douglas fir seedlings approximately 50 acres in the short term will be altered c. List threatened and endangered species known to be on or near the site. none known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: douglas fir or red alder trees will be planted or retained to minimize impacts e. List all noxious weeds and invasive species known to be on or near the site. tansy ragwort and scotch broom 5. Animals LeeM a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. song birds hawks crows Examples include: birds:xhawk, heron,eaglexsong birds, other: mammals: leer,)bear,kelk, beaver, other: fish: bass, salmon ktrout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site. none known c. Is the site part of a migration route? If so, explain. migratory waterfowl may fly over but do not use for nesting or feeding SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 6 of 14 t d. Proposed measures to preserve or enhance wildlife, if any: the area will be gated for human safety and less animal pressure e. List any invasive animal species known to be on or near the site. none known 6. Energy and Natural Resources h� elo a. What kinds of energy(electric, natural gas, oil,wood stove,solar)will be used to meet the completed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. there will need to be 220 amp electrical near the hyway entrance for scales b. Would your project affect the potential use of solar energy by adjacent properties? If so,generally describe. no c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: none planned at this time 7. Environmental Health h!e►P1 a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. there are none at this time however the quarrying process presents minor risks . best management practices and licensed personel are use to blast 1) Describe any known or possible contamination at the site from present or past uses. none known 2) Describe existing hazardous chemicals/conditions that might affect project development and design.This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. none 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction,or at any time during the operating life of the project. none 4) Describe special emergency services that might be required. nothing special outside of mason county emergency services SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 7 of 14 5) Proposed measures to reduce or control environmental health hazards, if any: utilize BMP's and use licensed personel b. Noise 1)What types of noise exist in the area which may affect your project(for example: traffic, equipment,operation,other)? none on site 2)What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. presently no noise on site... there will be minor amounts of equipment operation and occaisional rock blasting in the completed project 3) Proposed measures to reduce or control noise impacts, if any: a strip of trees will be retained between the state hwy and the quarry if there is a problem S. Land and Shoreline Use hI eipl a.What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties?If so,descr'be the current use of the property is rdd20 the adjacent properties are forest and farmland b. Has the project site been used as working farmlands or working forest lands?If so,describe. How much agricultural or forest land of long-term commercial significance will be converted to - other uses as a result of the proposal, if any?If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? yes the present use of the quarry site rdd20 is forest land the proposal is to exchange the same acreage of commercial forest land for rdd 20 1)Will the proposal affect or be affected by surrounding working farm or forest land normal business operations,such as oversize equipment access,the application of pesticides, tilling, and harvesting? If so, how: this proposal should have minimal impact on surrounding business c. Describe any structures on the site. none d. Will any structures be demolished? If so,what? none e. What is the current zoning classification of the site? f,dd-20 and exchanging exact acreage foRforest land rkval rts;dG.ti k%a.\ " f. What is the current comprehensive plan designation of the site? long terrWorest SEPA Environmental checklist(WAC ISM 1-960)(MC version) July 2016 Page 8 of 14 g. If applicable,what is the current shoreline master program designation of the site? not applicable h. Has any part of the site been classified as a critical area by the city or county? If so,specify. no I. Approximately how many people would reside or work in the completed project? none would resid approximately 3 people Wory- j. Approximately how many people would the completed project displace? none k. Proposed measures to avoid or reduce displacement impacts, if any: none L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: all of the land has timber growing on it reclaimed land quarry will be returned to forestry m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: There are no measures that need to be taken at this time. i 9. Housing hf eN a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. not applicable b. Approximately how many units, if any,would be eliminated? Indicate whether high, middle, or low-income housing. not applicable c. Proposed measures to reduce or control housing impacts, if any: none 10. Aesthetics hI elpl a. What is the tallest height of any proposed structure(s), not including antennas;what is the principal exterior building material(s)proposed? this project would not require any permanent structures b. What views in the immediate vicinity would be altered or obstructed? none b. Proposed measures to reduce or control aesthetic impacts, if any: a buffer of douglas fir trees will be left between the working quarry and the state Hwy. SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 9 of 14 11. Light and Glare JbW a. What type of light or glare will the proposal produce? What time of day would it mainly occur? no light glare is expected from this project b. Could light or glare from the finished project be a safety hazard or interfere with views? no c. What existing off-site sources of light or glare may affect your proposal? none percieved at this time d. Proposed measures to reduce or control light and glare impacts, if any: none 12. Recreation hj eU a. What designated and informal recreational opportunities are in the immediate vicinity? this proposal will not have a major impact on recreation b. Would the proposed roject displace any existing recreational uses? If so, describe. minor aamounts o gated forest land presently used for hunting that would become no entry near the quarry for public safety. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: none 13. Historic and cultural preservation hf alai a. Are there any buildings,structures,or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national,state, or local preservation registers? If so, specifically describe. no b. Are there any landmarks,features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. none known c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology.and historic preservation,archaeological surveys, historic maps, GIS data,etc. the recent timber harvest permit was reviewed by the DAHP database (dept of achealogy and historical preservation) SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 10 of 14 �1 d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. if anytihing were identified a plan will be put together at that time 14. Transportation hel a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. there are public roads near but there are no public roads on site b. Is the site or affected geographic area currently served by public transit? If so,generally describe. If not,what is the approximate distance to the nearest transit stop? no c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? not applicable d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). no none e. Will the project or proposal use(or occur in the immediate vicinity of)water, rail, or air transportation? If so,generally describe. no f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and nonpassenger vehicles).What data or transportation models were used to make these estimates? there would be varying trips per day based on the season of the year up to75 round trips (optimistically) g.Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. no h. Proposed measures to reduce or control transportation impacts, if any: none none planned at this time however highway approaches may need to be modified I 5EPA Environmental checMist(WAG 197-11-960)(MC version) July 2016 Page 11 of 14 15. Public Services fhelol a. Would the project result in an increased need for public services(for example:fire protection, police protection, public transit, health care, schools, other)? If so,generally describe. this proposal will not increase the need for public services b. Proposed measures to reduce or control direct impacts on public services, if any. none needed at this time 16. Utilities h( eAl , a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service,telephone,sanitary sewer, septic system, other electricity near the.site c. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. electricity will be needed to operate a temporary scale shack and scale l C. Signature LUgLP The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relyingZL . to make its �eci Signature: tr-�_ Name of signee Position and Agency/Organization ,]orfi 7 Date Submitted: cev D. Supplemental sheet for nonproject actions HELP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11.960)(MC version) July2016 Page 12 of 14 �-' 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage,or release of toxic or hazardous substances; or production of noise? This project is trading zoning classifications no environmental work Proposed measures to avoid or reduce such increases are: none 2. How would the proposal be likely to affect plants,animals,fish, or marine life? none at this time Proposed measures to protect or conserve plants,animals,fish, or marine life are: none at this time 3. How would the proposal be likely to deplete energy or natural resources? not applicable Proposed measures to protect or conserve energy and natural resources are: none at this time 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection; such as parks, wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites,wetlands,floodplains, or prime farmlands? no Proposed measures to protect such resources or to avoid or reduce impacts are: none 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: none �� SEPA Environmental checklist(WAG 197-11-960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public ' services and utilities? not applicable Proposed measures to reduce or respond to such demand(s)are: none at this time 7. Identify,if possible,whether the proposal may conflict with local,state, or federal laws or requirements for the protection of the environment. this project will not conflict with state local or federal laws — 1 SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 14 of 14 Mason County WA GIS Web Map Al Y t ng; 8/31/2020, 1:09:10 PM ��C� "� P-(z r 38 1:1,368 �-� 0 0.01 0.02 0.04 mi JWi County Boundary Roads — Green Diamond • Site Address(Zoom in to 1:5,000) Federal — US Forest Service 0 0.02 0.04 0.07 km Tax Parcels(Zoom in to 1:30,000) State Development Areas Road Name Labels(Zoom to 1:100,000) — County Ej Rural Multi Family source: Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus DS, _ USDA,USGS,AeroGRID,IGN,and the GIS User Community,Esri,HERE, City ❑ Inholding Lands Railroads(Zoom to 1:200,000) Garmin,(c)OpenStreetMap contributors,and the GIS user community — Private Mason County WA GIS Web Map Application Richard Diaz I Esri,HERE,Garmin I Earthstar Geographies I Exhibit A b 19N04W27 T•19N R 04W T119 N T 19 N SIT R'04W R 04W S 22 S 23 i r t � I T19N R04W S28 \ T19N / R OY4W T19N I S i27 R 04W S 26 r skookum Creek �QS 108 1 10808 T 19N � T 19 S33 R04 N , j♦ ® R04W S'34 S 35 User Name: srise Date: 6/4/2020 Port Blakely Mason County '. 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I J T,19N 1 R 05N% N T19N 1 / S1 I C R-04W —R05W— _I // ! 0 Sfi sz — —— �11 ,112`1J0' 00010�, F�y`yLn Hennick PI � I201 _?o d U1 Y 302 C J Imp ♦ s� " 15 LL� ♦. ; 15 ♦�f�l i 61 .00. .# T19N T19N �.� • ROSW o R05WI, +-I.. S11 N S12 - T19N T m/ R 04W c oo i S 7 0 M o ry �a I to 1 6p 10O e �NWIMIC,� o0 0* 1 Z r - - - ti / I I T 19N \F T 19N JL T19N R 05 W 4 R OS W R 04W S14 OJ S13 S18 i O User Name: srise Date: 9/8/2020 Port Blakely Mason County RR20 to LTC Forest - - Stand -Age Label LTCF to Rural Residential 20 Acres \`" Port Blakely Ownership r , NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold three public hearings from the Mason County Courthouse Building 1, Commission Chambers, 411 North Fifth Street,Shelton, WA 98584 on Tuesday, November 3, 2020; at 9:15 A.M.These hearings will be held via Zoom, see below for details: SAID HEARINGS will be to consider adopting the following Development Areas amendment and two Comprehensive Plan/Future Land Use Map amendments (zoning): • Rezone a 0.2 acre parcel (12220-50-07008)from Village Commercial (VC)to Residential-2 in the Allyn Urban Growth Area. Future proposal is to construct a residential garage as an accessory use to parcel 12220-50-06009. • Rezone 21.6 acres from Long Term Commercial Forest (LTCF) (parcels: North portion of 62009-00-00000) to Inholding Lands (I ft and-rezone 35.6 acres,from IH to LTCF (parcels: 6200&11-00050 and western half of 62008-11-00010). • Rezone 160 acres from Rural Residential 20 (RR20)to Long Term Commercial Forest (LTCF) (parcels 41934-.20-00010 and 41934-20-00000); and rezone . 159.38 acres from LTCF to RR20 (parcels 41927-14-00000, 51912-10-00010, 52008-42-00000 and 52008-23-00000). . If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: https://www.co.mason.wa.us/or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 6th day of October 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASI-IINGTON Clerk of the Board c: Journal-Publish 2x: October 22&29, 2020 (Bill:- Community Development-615 W.Alder,Shelton,WA 98584) dja.�,3r STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE•PO Box 42525.Olympia, Washington 98504-2525•(360)725-4000 www.commerce.wa.gov 08/31/2020 Ms.Kell Rowen Planning Manager Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2020-S-1758--60-day Notice of Intent to Adopt Amendment Dear Ms. Rowen: Thank you for sending the Washington State Department of Commerce (Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Rezone 160 acres from Rural Residential 20 (RR20)to Long Term Commercial Forest -- (LTCF) (parcels 41934-20-00010 and 41934-20-00000); and rezone 159.38 acres from LTCF to RR20 (parcels 41927-14-00000,51912-10-00010,52008-42-00000 and 52008-23- 00000. We received your submittal on 08/31/2020 and processed it with the Submittal ID 2020-S-1758. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 10/30/2020. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360)725-3045. Sincerely, Review Team Growth Management Services �- Page: 1 of 1 Removable ID Labels www.avery.com o AVE RY0 646OTM Use Avery@ TEMPLATE 51600 1-800-GO-AVERY i BRUCE F&MARJORIE L ADSERO j JAMES C&AMY BOOTHE ! STEPHEN L BOOTHE 10 W MORROWS LN 341 W LAKE NAHWATZEL DR 511 W LAKE NAHWATZEL - SHELTON,WA 985848073 SHELTON, WA 985848096 SHELTON,WA 985842975 LINDA S&G RANDY BRUSH C&V JOINT VENTURE I DONALD L&MARGARET J COWELL 14220 W SHELTON MATLCK RD 1717 MARINE VIEW DR 2523 S 371ST ST#34 SHELTON,WA 985848007 TACOMA,WA 984224104 I FEDERAL WAY, WA 98003 ELMA COUNTRY CLUB GREEN DIAMOND RESOURCE ! I KENNETH &TERESA L HANSON C/O MIKE STONEY COMPANY 1518 36TH AVE NE PO BOX 3037 I 215 NORTH THIRD ST OLYMPIA,WA 98506 ELMA,WA 98541 1 SHELTON,WA 98584 RICHARD P &SUZY HICKSON CARROLL R& BARBARA F KELLEY l ! KENNETH L KOIVISTO 14240 W SHELTON MATLOCK RD j 4490 W STATE ROUTE 108 ! 420 DAMON ROAD SHELTON,WA 985848007 SHELTON,.WA 985847768 HOQUTAM,WA 985509629 MASON COUNTY MANKE TIMBER COMPANY I MASON COUNTY COURTHOUSE PORT BLAKELY TREE FARMS 826 FAIRMOUNT AVENUE 8133 RIVER DR SE SHELTON,WA 98584 SHELT411 WA 985843400 TUMWATER,WA 985016871 JEFFREYJ ET UX PURCELL P.UGET SOUND &PACIFIC RR I MICHAEL R&CRISTINA RUSSELL ANNE M SAKSON LI I 3220 STATE ST STE 200 PO BOX 283 10210 W CLOQUALLUM RD SALEM,OR 973016873 j i HAYCOCK,WA 98560-0283 i SHELTON, WA 985847873 STATE OF WASHINGTON j j TERRY L&CAROL M SMITH I DEPT OF TRANSPORTATION I I THE MCDONALD LAND COMPANY 92091 BARNES LANE 3082 W STATE ROUTE 108 STATE LANDS DIVISION P 0 BOX NORTH BEND, OR 97459 47440 SHELTON,WA 985847767 OLYMPIA,WA 985047440 i I I I A113AV-09-008-L ®09LS 31V7dW31®IGaAV ash ws09b9 OAU3A V wog f-aane•AW Ae ® slagei al algenowa8 { 1 If f� .fir. 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Y6fS� r�a W O z YF•�R 20 a man ao f 1 MASON COUNTY WAM x ACLIgIl NAP ZNIN7� " \ — - ' SI3Eco ET 1 @C1toH.3a.,Jt !fY', tuc.y/.i romp W l O ROCK QUARRY PLAN p�p gyp - _ y� YR04�NR 0$IH�07Q �4FMd� � f � BENCHES 1 - 14 IN SCALP AB® SCALE I = 200' air,ro i 1� i MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 Date: November 3, 202o Agenda Item # \D.3 (Commissioner Staff To Complete) Briefing Date: September 28, zozo Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing November 3, zozo at 9:1.5 a.m.to consider rezone of 21.6 acres from Long Term Commercial Forest(LTCF)to In Holding (IH) lands and rezone 35.6 acres from IH to LTCF within the Rural Area of Mason County. BACKGROUND: This request by Green Diamond Resource Company is to rezone 21.6 acres from LTCF to IH and rezone 35.6 acres from IH to LTCF.The Planning Advisory Commission voted 6-o to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. Request is considered an amendment to the Future Land Use map and is a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of the north portion of parcel number 62009-00-00000 from Long Term Commercial Forest(LTCF)to Inholding(IH)lands and rezone parcel number 62oo8-11-0005o and western half of 62oo8-11-000so from IH to LTCF. ATTACHMENT(S): Ordinance Staff Report with Attachments 10/27/2020 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY FUTURE LAND USE MAP GREEN DIAMOND REZONE ORDINANCE Mason County Future Land Use Map (Comprehensive Plan Amendment) under the authority of RCW 36.70A. WHEREAS the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS Green Diamond Resource Company and David &Jody Scovill (the Parties), owners of real property in Mason County known as parcels 62009-00-00000, 62008-11-00050 and 62008-11-00010, request a zoning swap between Inholding (IH) lands and Long Term Commercial Forest (LTCF); and WHEREAS the Parties request to rezone 21.6 acres of the northwest portion of parcel 62009- 00-00000 from Long Term Commercial Forest (LTCF) to In Holding (IH) and rezone parcel 62008-11-0050 and the western half of parcel 62008-11-00010 from IH to LTCF; and WHEREAS after the rezone the Parties intend to complete a Boundary Line Adjustment and exchange.ownership of the subject parcels through civil engagement; and WHEREAS Mason County designates a net gain of 14 acres of LTCF property; and WHEREAS on September 21, 2020, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a unanimous (6-0) motion to recommend approval of said rezone; and WHEREAS the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on November 3, 2020; and WHEREAS the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS the Board of County Commissioners finds that the proposed amendment to the Future Land Use Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Future Land Use Map rezoning 21.6 acres of the northwest portion of parcel 62009-00-00000 from Long Term Commercial Forest (LTCF) to In Holding (IH) and rezoning parcel 62008-11-0050 and the western half of parcel 62008-11- 00010 from IH to LTCF. DATED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner z Page 1 October 28,2020 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE SWAP OF 21.6 ACRES FROM LONG TERM COMMERCIAL FOREST (LTCF) TO IN HOLDING (IH) AND 35.6 ACRES FROM IH TO LTCF STAFF CONTACT Kell Rowen, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Green Diamond Resource Company Green Diamond Resource Co& C/O Stephen Whitehouse David &Jody Scovill PO Box 1273 Shelton,WA 98584 SUMMARY OF PROPOSAL Green Diamond Resource Company and David & Jody Scovill propose to swap adjacent properties forthe Scovill's to be able to access their property from the public County right of way ratherthan an easement through private property owned by Green Diamond. The property swap will require a Boundary Line Adjustment, which will be accomplished administratively. Ultimately, property owned by Green Diamond will be zoned LTCF and property owned by the Scovill's will be IH lands. Mason County will gain 14 acres of LTCF lands. Rezone 21.6 acres of the northwest portion of parcel 62009-00-00000 from Long Term Commercial Forest (LTCF) to In Holding (IH) and rezone parcel 620o8-11-oo5o and the western half of parcel 62oo8-11-00000 from IH to LTCF. These parcels are in the Rural Area of Mason County, adjacent to other LTCF and IH lands. Both LTCF and IH lands are considered Resource Lands and not Development Areas,therefore this swap requires an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 6200q-00-00000 owned by Green Diamond is an entire section, 64o acres in size. Only 21.6 acres in the northwest corner is proposed to be rezoned to IH lands.The portion to be rezoned is south of and adjacent to Truman Glick Memorial Park and west of and adjacent to Ford Road. Parcel No. 62oo8-:Li-00000 owned by David &Jody Scovill is 3o acres in size. It is west of Ford Road and southwest of Truman Glick Memorial Park.There is no public easement access to this parcel. Parcel No..62oo8-11-00000 owned by Green Diamond is 10 acres in size. Only the western 5.6 acres is proposed to be rezoned to LTCF. ZONING INFORMATION LTCF—Long Term Commercial Forest The purpose of the LTCF designation is to maintain and enhance natural resource based industries, to encourage the conservation of commercial forest lands,to have no net loss of forest lands, and to discourage incompatible land use. Staff Report-BOCC Page 2 October 28,2020 IH—In Holding .The purpose of the IH designation is to mitigate incompatible land uses between long-term commercial forest lands and the neighboring IH lands. BACKOROUND The appl.icant's agent submitted a rezone application and fees to the Permit Assistance Center on June 19, 2020.The purpose of the request is to accommodate neighboring private property owners, which are currently landlocked,with property adjacent to a public right of way. ANALYSIS Mason County Code Section 17.oS.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be, evaluated considering these standards; however, it does not require that they all be met. Below is Staff response to the proposed request (applicant general response is attached under the application): 1. .Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare.:The proposed rezone will result in a net gain of 14 acres in LTCF. 2. The zone designation shall be consistent with the Mason County.Comprehensive Plan, Development Regulations,and other county ordinances,and with the Growth ManagementAct; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. This criterion is met as the requested rezone is consistent with the Comp Plan, Development Regulations, other ordinances and the GMA. 3. . No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as the rezone increases compatibility with resource-based uses. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas,including but not limited to streets, parking, utilities,fire protection, police, and schools. Not applicable. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such Staff Report=BOCC Page 3 October 28,2020 zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Not applicable. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water.quality. Not applicable. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Not applicable. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. This criterion is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on September 1, 2020. Comment period for this determination closed on September 16, 2020. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of the Planning Advisory Commission public hearing was published in the Mason Shelton Journal on September 10 and 17, 2020. Public Notice of this public hearing was published in the Mason Shelton Journal on October 15 and 22,2020. PLANNING ADVISORY COMMISSION On September 21, 2020,the Planning Advisory Commission held a public hearing on this proposal. After calling fortestimony and deliberation,they made a 6-o decision to recommend approval to the BOCC. PUBLIC COMMENTS Comments received to date are included as attachments. Staff Report-BOCC Page 4 October 28,2020 SUMMARY AND RECOMMENDATION Staff and PAC recommend that the Mason County Board of Commissioners approve this rezone request. ATTACHMENTS • Application with Description • SEPA DNS and Checklist • SEPA comment letters to-date • Aerial map of property and vicinity • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail Staff Report-BOCC I _ DECEIVE® Fe(-.:�$2,22000 �• MASON COUNTY . JUN 19 2020 COMMUNITY SERVICES 615 W. Alder 5udet Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 1 i Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: ❑Comprehensive Plan Policy ❑Development Regulations RFuture Land Use Map (Comp Plan Amendment) ❑Zoning Map (Development Regulation Amendment) one application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: Green Diamond Resource Company, c/o Stephen Whitehouse Mailing Address: Por BOX 1273 City: Shelton State: WA Zip: 98584 Telephone No.: 360-426-5885 ' . Parcel Number(s): 62008-11-0001.0, 62008-11-00050, 62009-00-00000 Parcel Size and Legal Description: See attached. What kind of change in Comprehensive Plan Policy,Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested?(Attach additional pages,if needed.) See attached map. Rationale for the Request: (include information on the property features, land use,and maps that will be used in considering your application)(see the attached information sheet) 62008-11-00010 is owned,by David and Jody Scovill. The other two parcels are owned by Green Diamond. Access issues arose with Scovill and the parties have agreed to a land exchange..A boundary line adjustment.is necessary to accomplish this. The proposed amendment will allow that. j ; Signature and date i i 1 1 i SCOVILL PARCEL The West half(W '/2) of the Southeast quarter(SE'/4)of the Northeast quarter(NE'/4) of Section eight(8), Township twenty(20)North,Range six (6)West, W.M., and the Southwest quarter (SW'/4) of the Northeast quarter(NE'/4) of the Northeast quarter(NE'/4)of Section eight(8), Township twenty (20)North,Range six(6)West,W.M. Parcel No. 62008-11-00050 30 acres GREEN DIAMOND PARCELS i The Southeast quarter of the Northeast quarter of Section 8, Township 20 North,Range 6 West, W.M. Parcel No. 62008-11-00010 I 10 acres That portion of Section 9,Township 20 N,Range 6 W. W.M.,lying westerly of the Ford Road i Parcel No. 62009-00-00000 640 acres i i i I Rezone Criteria of Sec 17.5.080A of Development Regulating The proposed change in designation will have no negative or inconsistent impact. There is a likely, potential, positive impact. The intention for the current Scovill parcel is unknown but could be for residential use to the extent allowed for inholding designated properties.The intention of Green Diamond is to maintain its parcels as undeveloped forest lands. The trade between Green Diamond and Scovill would mean that if the new Scovill property were to be used for residential development at some point in the future,rather than it being recessed from county roads amidst areas of long term commercial forest,it would be adjacent to Ford Road. This means it will act as a buffer to the long-term commercial forest areas to the west, which is what the inholding description was intended for. I l � ,c .Pr y MASON COUNTY Planning Division of Community Development Planning DEPARTMENT 615 W.Alder St. Bldg. 8, Shelton,WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2020-00031 Description of Proposal: Proposed rezone of 35.6 acres from In Holding (IH) Lands to Long Term Commercial Forest(LTCF) in exchange for 21.6 acres from LTCF to IH Proponent: GREEN DIAMOND RESOURCE PROP Location of Proposal: Southeastern portion of Mason County Parcel Number: 620081100010, 62009-00-00000 and the western half of 62008-11-00010 Legal Description: Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Kell Rowen at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11- 340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 09/15/2020. Appeal of this determination must be filed with a 14-day period following this final,determination date, per Mason County Code Chapter 15.11 Appeals. Authorized Local Government Official Date 'Printed by:Kell Rowen on:09/01/2020 01:39 PM Page 1 of 1 SEPA Environmental.Checklist enter rise I SEp '! ❑ Single family DNS: $600.00 n i 5 , -77 Other DNS: 0 to 999 acres: 10 to 20 acres: $880 r Over 20 acres: $1100 7.7 Datlr?�cv ❑ EIS/EIS: $5000 + $90 per hour " ..a s Purpose of checklist. Govemmental agencies use this,checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: !Lei This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully,to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable"or "does not apply"only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions.apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any.additional information that will help describe your proposal ; or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to i evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The'checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is E responsible for the completeness and accuracy of the checklist and other supporting documents. A. BACKGROUND nei i 1. Name of proposed project, if applicable:LieiRl Green Diamond /Scovill i 2. Name of applicant:Igo i Green Diamond Resource Company 3. Address and phone number of applicant and contact person:IftgM Greed Diamond Resource Company c/o Stephen Whitehouse PO Box 1273, Shelton, WA 98584 360-426-5885 SEPA Environmental checklist(WAC 197.11-960)(MC version-non project portion omitted): 2016 Page 1 of 1.1 4. Date checklist prepared: held June , 2020 5. Agency requesting checklist:lheipl Mason County Community Services 6. Proposed_timing..orschedule(including phasing,if applicable): hei Boundary line-adjustment application will be made upon approval of comprehensive plan map amendment 7. Do you have.any plans for future additions, expansion, or further activity related to or connected with this proposal If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal.LtRiW i None. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ftipi None.This check list is associated with an application for a comprehensive plan map amendment. 10. List any government approvals or permits that will be needed for your proposal, if known. hel p Comprehensive plan map amendment and boundary Fine adjustment. 11.Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat.those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) hei The proposal will allow a land swap between the Green Diamond Resource Company and David and Jody Scovill. See attached map. Green Diamond Resource Company intends to maintain property as forest land. Scovill has no immediate plans the applicant is aware of. 12. Location of the proposal. Give sufficient information for a person to understand the precise location {{ of your proposed project, including a street address, if any,.and section, township, and range, if j known. If a proposal would occur over a range of area, provide the range or boundaries of the 1 site(s). Provide a legal description, site plan, vicinity map,and topographic map, if reasonably available. While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. hei Parcel#(s): Address: See attached map. No addresses. Legal Description:see attached draft boundary line adjustment application which provides specific information. Twp/Range/Section and/or GPS location: SEPA Environmental checklist(WAC 197-11-960)(MC version-ran project portion ornitteo.- 2016 Page 2 of 11 B. ENVIRONMENTAL ELEMENTS Lielpl 1. Earth a. General description of the site jb§io (circle one): Flat, rolling, hilly, steep slopes, mountainous, 'other. b. What is the steepest slope on the site(approximate percent slope)?fhew 15% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. hj go { Gravelly, silty loam 1 d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, j describe. hL!el No e. Describe the purpose,type,total area, and approximate quantities and total.affected area of any filling,excavation, and grading proposed. Indicate source of fill.Lelpj Not applicable. f. Could erosion occur as a result of clearing,construction, or use? If so,generally describe.lhjil Not applicable. g. About what percent of the site will be covered with impervious surfaces after project construction (for example,asphalt or buildings)?rhem i None. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: hel Not applicable. ; 2. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any,-generally describe and give approximate quantities if known.nlglpl Not applicable. b. Are there any off-site sources of emissions,or odor that may affect your proposal? If so, generally describe.Ihei> No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: hel Not applicable. SEPA Environmental checklist{WAC 197-11-960)(MC version-non projeot portion omitted): 2016 Page 3 of 11 3. . Water a. Surface Water. t� 1) Is there any surface water body on or in the immediate vicinity of the site(including year- round and seasonal streams, saltwater, lakes, ponds,wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. MI Decker Creek 2) Will the project require any work over, in, or adjacent to(within 200 feet)the described waters? If yes, please describe and attach available plans. me! . No. I 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. ! Indicate the source of fill material.M210 None. j 4) Will the proposal require surface water withdrawals.or diversions? Give general description, . purpose, and approximate quantities if known. hL,.eM No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. ne! 6) Does the proposal involve any discharges of waste materials.to surface waters? If so, describe the type of waste and anticipated volume of discharge. g! No. b. Ground Water. 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so,give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater?Give general description, purpose, and approximate quantities if known.ItiW No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any(for example: Domestic sewage; industrial, containing the following chemicals. . . ;agricultural; etc.). Describe the general size of the:system,_the number of I such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. hei� ' None. 1 c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any(include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe.jhdW SEPA Environmental checklist(WAC 19741-960)(MC version-non project pwtion omitteo: 2016 Page 4 of 11 Not applicable. 2) Could waste materials enter ground or surface waters? If so, generally describe. R190 No. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage patter i impacts, if any: Not applicable. i 4. Plants hel a. Check the types of vegetation found on the site:]ram ✓ deciduous tree: alder, maple, aspen, other ✓ evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain orchards,vineyards or other permanent crops i wet soil plants: caftail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other i other types of vegetation b. What kind and amount of vegetation will be removed or altered?rheipi None. c. List threatened and endangered species known to be on or near the site.jLen None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the.site, if any: hai i i Not applicable. e. List all noxious weeds and invasive species known to be on or near the site. Scotch broom is likely along existing roads. 5. Animals a. List any birds,and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other. Common birds mammals: deer, bear, elk, beaver; other: Deer and Elk fish: bass, salmon, trout, herring, shellfish, other: SEPA Environmental checklist(WAG 197-11-960)(MC version-non project portion omitted: 2016 Page 5 of 11 b. List any threatened and endangered species known to be on or near the site. hIi None. c. Is the site part of a migration route? If so, explain. hey Not that the applicant is aware of. d. Proposed measures to preserve or enhance wildlife, if any:jh-z!p.� None. I e. List any invasive animal species known to be on or near the site. I None known. ` 6. Energy and natural resources a. What kinds of energy(electric, natural gas, oil,wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.t�1 Not applicable. b. Would your project affect the potential use of solar energy by adjacent properties? j If so, generally describe. hei No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts,,if any: lb&l ° Not applicable. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals,.risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. hi.M 1) Describe any known or possible contamination at the site from present or past uses. None. i 2) Describe existing hazardous chemicals/conditions that might affect project development and design.This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. ' None. �. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None. 4) Describe special-emergency services that might be required. None. $EPA Environmental checklist(WAG 197-11-960)(MC version-non project portion omitted): 2016 Page 6 of 11 5) Proposed measures to reduce or control environmental health hazards, if any: Not applicable. b. Noise 1) What types of noise exist in the area which may affect your project(for example: traffic, equipment, operation, other)?lLei No noise exists. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction, operation, other)?Indi- cate what hours noise would come from the site.lLei None. 3) Proposed measures to reduce or control noise impacts, if any: bg!M i Not applicable. 8. Land and shoreline use a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe'. neM Forest land.There are three residences in the vicinity and the Truman Glick County Park.There will be no affect on the current land use or adjacent properties. b. Has he ro ect site beerr1)used as wurkiing farmlcinds or working oresf lands? If so, describe. Yes. ore t Ind.There will be no conversion y Green Diamond Resourc ompany.Appf►cant is not aware of any plans by Scovill.If he,or a successor built a residence,the proposal wold have the benefit of having that residence located further away from Decker Creek. 8 How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? hj eel l i 1) Will the proposal affect or be affected by surrounding working farm or forest land normal I business operations, such as oversize equipment access, the application of pesticides, I tilling,and harvesting? If so, how. No. r c. Describe any structures on the site. hj.elf None. d. Will any structures be demolished? If so,what?lheipl Not applicable. e. What is.the current zoning classification of the site?fhei See attached map. Resource lands. f. What is the current comprehensive plan designation of the site? hei SEPA Environmental checklist(WAC 197-11-960)(MC version-non protect portion omitted):.2016 Page 7 of.11 See attached map. Some long term commercial forest, some inholding. g. If applicable,what is the current shoreline master program designation of the site?L11eIP1 h. Has any part of the site been classified as a critical area by the city or county? If so, specify.. L.M No. I. Approximately how many people would reside or work in the completed project? 'hj el None. j. Approximately how many people would the completed project displace?J§jDJ None. i k. Proposed measures to avoid or reduce displacement impacts, if any:lt@m Not applicable. L. Proposed measures to ensure the proposal is compatible with existing and projected land ! uses and plans, if any:I&M None. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: There are no impacts to reduce or control. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing.Lbk None. b. Approximately how many units, if any,would be eliminated? Indicate whether high, middle, or low-income housing. ne None. c. Proposed measures to reduce or control housing impacts, if any: tjg 1 None. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas;what is the principal exterior building material(s) proposed?I UIJ None. b. What views in the immediate vicinity would be altered or obstructed?fgey I None. c. Proposed measures to reduce or control aesthetic impacts, if any:1@!PJ None. 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? hel None. b. Could light or glare from the finished project be a safety hazard or interfere with views? Lem No. SEPA Environmental checklist'(WAO 197-11-960)(MC version-non project portion omitted): 2016 Page 8 of 11 r c. What existing off'-site sources of light or glare may affect your proposal?MPI None. d. Proposed measures to reduce or control light and glare impacts, if any: [help] None. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? (,help] Truman Glick County Park is just north of the site area.Green Diamond allows access to its forest land for hunting and other recreational activities. b. Would the proposed project displace any existing recreational uses? If so, describe. riel No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: hel i None. i 1 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. h�eio None. b. Are there any landmarks,features,or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources.jhe None known.The site is thirteen miles from any known Skokomish Tribal lands and seventeen miles from Squaxin Island Tribe Trust Lands(casino) i c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. bAlpi None. ; d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. I Not applicable. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. hj g.!O Ford Road. Frisken "Y" Road.Access is by existing gravel roads. SEPA Environmental checklist(WAG 197-11-960)(MC version-non project portion omitted): 2016 Page 9 of 11 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not,what is the approximate distance to the nearest transit stop?Lh 1pi No public transportation is used for the site since no one lives there. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate?fheio None. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so,generally describe(indicate whether public or private).1heijo No. e. Will the project or proposal use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. hL el No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles).What data or transportation models were used to make these estimates? hL,ei None. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No. h. Proposed measures to reduce or control transportation impacts, if any:jhes None. ' i 15. Public services i a. Would the project result in an increased need for public services (for example:fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. hero) No. b. Proposed measures to reduce or control direct impacts on public services, if any. [hetP1 None. 16. Utilities a. Circle utilities currently available at the site: hei electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other None. I SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 10 of 11 I b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might i be needed. 1t![> None. C. SIGNATURE n? The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: zwlaa_ Date Signed: Print Name of Signee: w+^- If applicable, Position and Agency/Organization: n'`'``''Ad Date Submitted: 6�- ef' i SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted 2016 Page'l l of 11 i D. Supplemental sheet for nonpreject actions [HELP] (TT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general,.it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.Respond briefly and in general terms. I i 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? None. Proposed measures to avoid or reduce such increases are: Not applicable. 2. How would the proposal be likely to affect plants, animals,fiskor marine life? None. Proposed measures to protect or conserve plants, animals,fish, or marine life are: Not applicable. 3. How would the proposal be likely to deplete energy or natural resources? None. Proposed measures to protect or conserve energy and natural resources are: Not applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such.as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites,wetlands,floodplains ,or prime farmlands? None. i Proposed measures to protect such resources or to avoid or reduce impacts are: Not applicable. 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? None. Proposed measures to avoid or reduce shoreline and land use impacts are: Not applicable. 6. How would the proposal be likely to increase demands on transportation or public ; services and utilities? None. ' Proposed measures'to reduce or respond to such demand(s) are: Not applicable. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. None. i 1 Kell Rowen From: Schmeling, Rick <RSchmeling@greendiamond.com> Sent: Tuesday, September 08, 2020 1:02 PM To: Kell Rowen Subject: SEPA2020-00031 and AFA2020-00004 Hi Kell, Thank you for the opportunity to comment on the above referenced SEPA and proposed Comp Plan change. Green Diamond is in full support of this proposal. The end-goal benefit is to secure more contiguous forestland area away from public roads and existing residences by swapping out some in-holding and moving it closer to developed areas. Green Diamond has a long history of managing forestland in Mason County, and this proposal allows us to continue that stewardship with fewer interactions from development pressures, and adding to the overall forestland in Mason County. We look forward to a final decision on this proposal. Thanks, Rick Schmeling NWT Division Analyst Green Diamond Resource Company 215 North Third Street Shelton,WA 98584 360-427-4788 office 360-490-7778 mobile 1 i f 1 f 1, i Truman: lick, ark North#62009-00-00000 7 :: i GDRCo to Scovill —IF L to Inholding ; 21 6 acres ? r N' West#62008-11-00010 East#62008-11-00010 1�NN,�.GDRCo GDRCo to'Scovill In Holding to DFL 'In Holdi �5.6 acres " 4.1 acres #62008-11-00050 Scovill to,GDRCo #62009-00-00000 In Holding to DFL GDRCo 30 acres DFL 640 acres originally ca O L O PROJECT: Green Diamond/Scovill BLA DATE: Legend: 20N06WO8 & 20N06WO9 Current Zone: LTCF o soo 1.000 2.000 Current Zone: Inholding (GDRCo ownership) Feel Current Zone: Inholding (Scovill ownership) Date:3/4/2020 Summary: ® Proposed Zone: LTCF Current Inholding=39.7 a Future Inholding =25.7 ac GREEN DIAMOND ProposedZone: lnholding Net Reduction =-14.0ac of Inholding Resource Company BLA proposal (parcel/ownership changes) ALLITO L.L_C ALLITO L.L.0 620043000000 620043100000 MASON COUNTY 620043360000 i GREEN DIAMOND Truman-Glick Park ALLITO L.L.0 RESOURCE COMPANY 620043400000 620050000000 MASON 62o04 60000OUN s0000 G MA ON COL NTY 62 04336 10 MASON ALLITO L.L.0 620043400000 GREEN DIAMOND CLEAR WATER SANCTUA RESOURCE COMPANY 62 North#62009-00-00000 620080001000 GDRCo to Scovilllyr CLEAR WAT08R SANCOTU Y DFL to Inholding GREEN OND 21.6 acres RESO COMPANY - 081100020 West#62008-11-00010 East#62008-11-00010 N GDRCo ` ,, GDRCo to Scovill InHolding to DFL :•'InHolding GREEN DIAMOND cres ;+'4.1 acres RESOURCE COMPANY 'S.6 a 620090000000 GREEN DIAMOND #62008-11-00050 RESOURCE COMPANY Scovillto'GDRCo #62009-00-00000 MAS0 COUNTY 620080001000 InHolding to DFL GDRCo 6200 60000 - 30 a'cres'._. DFL JONES 640 acres originally 620081400020 O L O GREEN DIAMOND LL RESOURCE COMPANY SALMERI ET UX GREEN DIAMOND 620090000000 620084000010 RESOURCE COMPANY 620084000000 PROJECT: Green Diamond/Scovill BLA DATE: Legend: 20N06WO8 & 20N06WO9 Current Zone: LTCF o ass ego ,.sao LLJ Current Zone: Inholding (GDRCo ownership) Feet + Current Zone: Inholding (Scovill ownership) Date:6/9/2020 Summary: ® Proposed Zone: LTCF Current Inholding=39.7 ac Future Inholding =25.7 ac GREEN DIAMOND Proposed Zone: Inholding Net Reduction =-14.Oac of Inholding Resource Company BLA proposal (parcel/ownership changes) Mason County WA GIS Web Map Q� r �Ta �o ol •'n• I�nH®Idng to � 'I 9/1,/2020, 1:28:24 PM 1:10,916 0 0.07 0.15 0.3 mi County Boundary — State 0 0.15 0.3 0.6 km ElTax Parcels(Zoom in to 1:30,000) — County -- Road Name Labels(Zoom to 1:100,000) — City "} Railroads(Zoom to 1:200,000) Private Source: Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA,USGS,AeroGRID,IGN,and the GIs User Community,Esd,HERE, Roads Green Diamond Garrnin,(c)OpenStreetMap contributors,and the GIS user community Federal Mason County WA GIS Web Map Application Richard Diaz I Esd,HERE,Garmin I Earthstar Geographies I NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold three public hearings from the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 3, 2020, at 9:15 A.M.These hearings will be held via Zoom, see below for details. SAID HEARINGS will be to consider adopting the following Development Areas amendment and two Comprehensive Plan/Future Land Use Map amendments (zoning): • Rezone a 0.2 acre parcel (12220-50-07008)from Village Commercial (VC) to Residential-2 in the Allyn Urban Growth Area. Future proposal is to construct a residential garage as an accessory use to parcel 12220-50-06009. • Rezone 21.6 acres from Long Term Commercial Forest (LTCF) (parcels: North portion of 62009-00-00000) to Inholding Lands (IH); and rezone 35.6 acres from IH to LTCF (parcels: 62008-11-00050 and western half of 62008-11-00010). • Rezone 160 acres from Rural Residential 20 (RR20)to Long Term Commercial Forest (LTCF) (parcels 41934-20-00010 and 41934-20-00000); and rezone 159.38 acres from LTCF to RR20 (parcels 41927-14-00000, 51912-10-00010, 52008-42-00000 and 52008-23-00000). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: https://www.co.mason.wa.us/or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 6th day of October 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk.ofthe Board c: Journal- Publish 2x: October 22 &29, 2020 (Bill: Community Development—615 W.Alder,Shelton,WA 98584) STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE•PO Box 42525. Olympia, Washington 98504-2525•(360) 725-4000 www.commerce.wa.gov ,, 09/14/2020 Ms. Kell Rowen Planning Manager Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2020-S-1781--60-day Notice of Intent to Adopt Amendment Dear Ms. Rowen: Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Proposed rezone swap of 21.6 acres from Long Term Commercial Forest to In Holding lands and 35.6 acres from In Holding lands to Long Term Commercial Forest.Net gain of 14 LTCF acres. We received your submittal on 09/10/2020 and processed it with the Submittal ID 2020-S-1781. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 11/09/2020. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360) 725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 Properties within 300 feet of Properties Boundaries (Not including Green Diamond Resource Company or Mason County) David and Jody Scovill 51 E Elm PI Shelton, WA 98584 Nicholas E. Jones PO Box 261 Union, WA 98592 i Allito, LLC PO Box 26505 Federal Way,WA 98093 Joe Salmeri Myrn Stewart PO Box 221- Matlock,WA 98560 Christopher McGuffey i Clear Water Sanctuary s 11008 NE 125 h Ln S304 Kirkland,WA 98034 I I I 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda - Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # \0.4 BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Mike Collins/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2021 Annual Construction Program - Hearing BACKGROUND: RCW 36.81.130 requires the County to prepare and adopt an Annual Construction Program. Program recommendations for road and bridge construction projects are prepared by Public Works and submitted to the Board for consideration and final adoption. Once adopted, the plan must be sent to the County Road Administration Board and the Secretary of Transportation. The Transportation Improvement Program Citizen Advisory Panel (TIP-CAP), created by the Board to increase public participation in the development of the Annual Construction program, reviewed the draft plan (available for public review on the County website from September 28t" thru November 3rd). TIP-CAP recommendations are attached along with a revised TIP incorporating both TIP-CAP and Commissioner recommendations from 10/26 briefing. The Program may be revised at any time, but revisions must go through the same public hearing process. RECOMMENDED ACTION: Recommend the Board of Commissioners approve and execute the resolution adopting the 2021 Annual Construction program. Attachments: 1. Resolution 2. TIP-CAP Recommendation letter 3. Revised 2020 Annual c pt RESOLUTION NO. -20 Annual Construction Program WHEREAS, Chapter 136-16 WAC, sets forth the procedures for the adoption of the Annual Construction Program; and, WHEREAS,in compliance therewith,the Board of County Commissioners has held a public hearing on the Annual Construction Program this 3rd day of November, 2020. NOW THEREFORE,BE IT RESOLVED by the Board of Mason County Commissioners, in regular session assembled,that the attached Annual Construction Program for 2021 be adopted as set forth in detail, which are incorporated and made part of this Resolution. ADOPTED this day.of , 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON SHARON TRASK,Chair ATTEST: MCKENZIE SMITH, Clerk of the Board RANDY NEATHERLIN,Vice Chair APPROVED AS TO FORM: KEVIN SHUTTY, Commissioner TIM WHITEHEAD, Ch.D.P.A. Cc: Cmmr Public Works Community Development County Road Admin.Board WSDOT/fransAid October 28, 2020 SUBJECT: 6-Year Transportation Improvement Program— TIP-CAP Review and Recommendations Dear Board of Mason County Commissioners, Resolution No. 53-14 sets forth TIP-CAP's goal "...to make transportation improvement investment recommendations...that strive to balance community priorities,county future land-use planning, safety and financial constraints". TIP-CAP is pleased to offer our recommendations for the 2021—2026 6-Year Transportation Improvement Program with this letter. On October 14, 2020 we voted to recommend approval of the 2021 Annual Construction Program and 6-Year TIP for years 2021—2026(attached)with the following revisions: • Remove Priority 24(Allyn Access Circulation ROW Acquisition)from the Annual Construction Program and 6-Year TIP and replace it with Priority 27 (Trails Road Alternate Route—Rasor Road). • Move John's Prairie/SR3 intersection study onto the Annual Construction Program and 6-Year priority array. We also voted to recommend reducing the$2.16 million diversion for traffic policing by 10%. Example projects that could be advanced with the$216,000 are intersection safety improvements,clear zone projects,and more gravel road upgrades. Thank you for considering our recommendations. We appreciate the opportunity to serve Commissioners and our community,and welcome any questions you may have. Sincerely, Jack Johnson, Chair Jeff Carey, Co-CHair Pete Butkus Mark Carlson Tim Lincoln Don Pogreba Mike Ringgenberg Phil Wolff Attachments: Recommended 6-Year TIP Public Outreach Meeting Summary ANNUAL CONSTRUCTION PROGRAM FOR 2021 TOTALS COUNTY>>1 MASON A TOTAL COSTRUCfION DONE-columns(13)+(14) $ 6,184,975 DATE RECOMMENDED FROG.SUBMITTEDI July.30,2020 B COMPUTED COUNTY FORCES NMI $ 1,270,208- DATE OF FINALADOPTION November 3,2020 I C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 951,300 ORDINANCE/RESOLUTION NO. ,{ DATE OF AMENDMENT I 1) 2 3 (4) (5 6) (7) (8) 1 (9 (30) 11 (12) (13 (14) (15 w z FF--= p Q t- SOURCES OF FUNDS ESTIMATED EXPENDITURES U Q W w 0 Z 0 1. PROJECT NAME ROAD SEGMENT INFORMATION 0.„�, OTHERFUNDS CONSTRUCTION COUNTY u�i Y n J G c ROAD PROGRAM PE&CE RIGHTOFWAY COUNTY GRAND TOTAL AMOUNT 595.10 z 2 1D o z a l ) (595.20) CONTRACT (ALL 595) G ROAD# ROAD NAME BMP EMP FFC (Mlles o FUNDS SOURCE FORCES a Ol 1 E Agate Road Resurfacing Project 23910 E.Agatero d 3.30 378 07 068 D E 61542 394324 STP 30000 0 425,866 0 455,866 02 2 Old Belfair Highw y Re-u facingP oleo 98250 Old Belfa r Highway 0 20 1 20 OT 1.00 D E 57,890 370919 STP 30000 0 398 809 0 428,809 03 3 _ Boyer R ad Resurfac ng PfoJect _ 1- 3630 Boyer Road D 00 0 50 09 0 50 RC E 168 900 0 _0 0 168,900 168,900 ...-._ .. _...� .... ._�. _ ........ _ 04 4 Snider Road Re urf c g Pr Jett.: - 19210 Snider Road - 000 0'18 09 0.18 RC E _. 94700 0 _ 0 94,700 94,700 OS 5 Sunny Slope Road ResurfacingProj7est .61950 Sunny Slope_Road 0.00 O55 09 O55 -RC E 222700 0 0 0 222,700 222,700 .........._ _...... ......._ _.......... ..........._ __.__ ....... _ _ 06 6 Programmabc Bn#ge Repair Va io s _ 0.00 I E 65,000' 0 10 000 S 000 25 000 251000 6B1000 07_ 7 __Counry_Wide Small CapltatP leas _ -.- Va o s, ._____ 0.00 Other E. -100000 _0_ __ _ 10,000 _ 5,000 _45,000 40,000 100,000 _08 _8 Ne ghbo ho d_Roadway Safety Grants Various __ 000 ,Ocher E _30;000 __ 0 _ 10,000 _ ,- 10,000 - ........... 09 9 } Bear Creek Dewatto Rd Clear Zoe 79800 Bear Creek Dewatto Roa< 5.20 6.70 O8 1.50 G 1- 333 500 226,500 HSIP 5,000 30,000 _ 525,000 0 560,000 10 SO Uncle Johns Uppe C Wert 23500 Agate Loop _ _ 064 0.64 09 000 L,A E 2000 18000 FBRB.(RCO} 20,000 0 .__ 0 0 20000 11 11 �Unde_.Johns Lower Culvert. ......23500 Agate Loop __ 102_ 1 02 A9. 0 00 L A _I_--,-10 000 _50,000 FBRB(RCO) 60,000_, 0_ _ D 0 _ 60 ., ................ -_.. . _ ---- 07 0 00 LA E �5,000 r^25 000 FBRB(RCO) 15,000 15,000 -10 �y 0 - 30,000 13 13 _ Harst ne Island Polyester Overlay t_30000 IHarsnne I la d Road 012 040 07 0 28 D I 405 ODO 2,595 000 STPR 740000 0 2 260 000 0 3 000 000 __ ._ .. - _. .. __. lA 14_ Clear Zone Improvements Arcadia H ghW d,MaN ck Kamllche 0 00 G I 121,500 1,093,500 HSIP 99000 22,000 1 094 000 0 1,21S,000 15 15 SheltonM[lock Rd Cul ert Replacement. 90300 Shelton Matlock$oad B.D3 S.OB 07 0.00 L,A I 66000 432,000 RAP 20,000 20000� 460000 _ 0 500,000 16 _16 B Ifau Con ector Logy rd'.Road E:_ New. Logy rd Road.E- 09,. 000 AB,DG 5 250000 0 200000 50000. 0 0 250000 _ 7....T. 17 : C n_ecto Romance Hill 86500 Romance Hill . __0� 100,000 _., ..._ __ ... ............ __ ... ..... _ _ _ L 18 18 SC._kmnih Valley Rd R cons[ruction 41640 Skokomish V Iley Road 3.80 4 60 08 0.80 A B,D 1 0 10 000 FhD - 30 000 0 0 �0_ __10,000 __. 19 19 .North Shore Rd Cdy CreekC lv Repl 70390 North Shore Ro d 6.90 700 OS O10 ABD 1 500� 50000 .,RAP 55000 0 O 0 55,000 20 20 .North l-land 0 C Wert Replaceme t _._.39630 North Island Drive 3 46. 3 47 07 '0 01 1 A I 6 000 34 000 .RAP 40000 0 0 0 40,000 21 21 'H me Adams RdC I ert Replacement .00610 Homer Adams Rdad 0.10 020 09._ 010. L,A 1 45000 0 20000 25000 01 '0 45'000 ... _. 22 22 :North Shoe Rd Great Bend Guly Repl 70390 North Shore Road- 1660 1670 08 O30 L,A 1 60000 350000 RAP 30000 0 0� 400000 410000_.. _ _ .._. 23 23 Old BeNr Highway 98250 0 d.Belfa r Highway 1.20 160 07 0 40 LA 1 40,000 10,000 RAP 10 000 40,000 0 0 50,000 ... ...... ..._.._. _.. _ _. _...._ ._.__. - - _. _... __. .... ..._ ..__. ... .I._ o ._ ... _ .... -- ..__.._..._..... _.. ._ - ._ .. _.__.... ���.__ .. _ 24 24 Tr Is R ad Alte at Route Ra r Rd 62310 . R ad_ _ _ 09 0 00 .Other -S_ _150r000__ 0 .0 150 000 0 0 150,000 25 V 25 WSDOT/County Intersection Feasability Johns Prairie/SR3,Clifton,OBH/SR300 .Other S 40,000 0 ..�. - � --�--�40,000 40,000 PAGE/PROGRAM TOTALS,CONSTRUCTION 2,421,732 5,659,243 1,365,000 412,000 5,233,6751 951,3001 8,090,975 CRAB FORM#3,MC REVISED 10/28/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM T0: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, County Engineer Action Agenda - Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 3, 2020 Agenda Item # \D.S BRIEFING DATE: September 28, 2020 BRIEFING PRESENTED BY: Mike Collins/Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 6-Year Transportation Improvement Program (TIP) - Hearing BACKGROUND: RCW 36.81.121, as described in Chapter 136-15 WAC, requires the county adopt a comprehensive transportation program for the ensuing six calendar years. The plan shall include proposed road and bridge construction work and other transportation facilities and programs. The Transportation Improvement Program Citizen Advisory Panel (TIP-CAP) reviewed the program. The plan has also been available for public review on the County website from September 28th thru November 3rd. TIP-CAP recommendations are attached along with a revised TIP incorporating both TIP-CAP and Commissioner recommendations from 10/26 briefing The Program may be revised at any time, but revisions must go through the same public hearing process. RECOMMENDED ACTION: Recommend the Board of Commissioners approve and executed the resolution adopting the 2021-2026 Six-Year Transportation Improvement Program. Attachments: 1. Resolution 2. TIP-CAP Recommendation Letter 3. Revised 6-Year TIP (2021-2026) RESOLUTION NO. -20 Six-Year Transportation Improvement Program WHEREAS,in compliance with 136-15 WAC,Mason County has prepared the attachment Six-Year Transportation Improvement Program for the period January 1,2021 through December 31,2026; and, WHEREAS,the Board of County Commissioners hereby certifies that the priority array of potential projects on this County's road system, including bridges,was prepared by the County Engineer during the preparation of the said Six-Year Transportation Improvement Program; and, WHEREAS,the Board of County Commissioners reviewed the current bridge condition report as prepared by the County Engineer on June 8,2020;and, WHEREAS,the Board of County Commissioners finds that the proposed 2021-2026 Six-Year Transportation Improvement Program is consistent with the County Comprehensive plan; and, WHEREAS,the Board of County Commissioners has held a public hearing on this 3' day of November,2020. NOW,THEREFORE,BE IT RESOLVED,that the attached Six-Year Transportation Improvement Program for 2021 through 2026 be adopted,which is hereby incorporated and made part of this Resolution. BE IT FUTHER RESOLVED that the County Engineer is hereby directed to distribute copies of the Six-Year Transportation Improvement Program for 2021-2065 to all required agencies. ADOPTED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: SHARON TRASK, Chair MCKENZIE SMITH, Clerk of the Board RANDY NEATHERLIN,Vice Chair APPROVED AS TO FORM: KEV1N SHUTTY, Commissioner TIM WHITEHEAD,Ch.DPA cc: Commissioners Public Works Community Development County Road Admin.Board WSDOT Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identi@cation.; - - -' 'Project Costs In Thousands of Dollars Federally Funded A. Federal"Aid No.. B. Bridge No. o, Fund Source information Expenditure Schedule Pro'ects Only o .o E C. Project Title J d H Federal FundingAN- R D.Street/Road Name of Number .o.L Phase Federal Federal State 4th 'Required ii o.? E.Beginning;MP or road-Ending:MP:or road 'o `aa Start Fund Cost by Fund State Local. Total 1st 2nd 3rd thru EnwrType :Date F. Describe Work to be Done ~ mm/ddl Coc I Phase. Source, Funds Funds, Funds. 6th mm/ 1 3 6 '8 9 10 11 12 13 1 14 1 15 16 17 18 19 20 21 CRP PE 1/1/2021 STP 25.95 4.05 30 15 15 E.Agate Road Resurfacing Project RW 07 1 Rd.No.:23910 0.68 CN 6/1/2021 STP 368.374 57.491 426.865 212.9 212.93 E N/A From: MP 3.10 To: MP 3.78 fofa12Q21'1?ro'ecfCo6s $ 56c88 TOTALS 1394.324" , ' l,, '455.865 ", 15!15 +2;12:9 212.93 CRP PE 1/1/2021 STP 25.95 4.05 30 15 Old Belfair Highway Resurfacing Project RW 07 2 Rd.No.:98250 1.00 CN 6/1/2021 STP 344.969 53.839 398.808 199.4 199.4 E NIA From: MP 0.20 To: MP 1.20 -.,.-,.-, -- .W.,.-m.-_ ._ .�..... ,Ma,. TotaP202A Pro'ectCost-"'"'. $,42ti;�0$� TOTALS ,` `,370.919"� �57;889 $28.808 15 15 199.4` 199".4 CRP PE Boyer Road Resurfacing Project RW 09 3 Rd.No.:03630 0.60 CN 6/1/2021 168.9 168.9 168.9 E N/A From: MP 0.00 To: MP 0.50 Gravel to Chip Seal i`ota1,2021 Pro ect'�os[$,168,900 T,OTAL`S" 1"68i9� 168:9 "-168.9 r ' CRP PE Snider Road Resurfacing Project RW 09 4 Rd.No.: 19210 0.18 CN 6/1/2021 94.7 94.7 94.7 E NIA From: MP 0.00 To: MP 0.18 Gravel to HMA TotaG202170,c6'ect Costu a "" .$,94,700, TOTALS , , 9: f7 CRP PE Sunny Slope Road Resurfacing Project RW 09 5 Rd.No.: 61950 0.55 CN 6/1/2021 222.7 222.7 222.7 E NIA From: MP 0.00 To: MP 0.55 Gravel to Chip Seal Tote1.2021.P,ro ect Cost- +' $222 700a TOTALS + '.222.7b 222.7 "°' '222.7 07 PE 10 10 10 08 Programmatic Bridge Program RW 5 5 5 09 6 _ CN 50 50 50 17 18 19 -,...,.� ,..,..,-...mow. .,,,.-,,,,.-.. -..�,. -„.,w,,,,.., ,-..:..,._,. ... Tota�202T�ro'ect Cost $�65,000� TOTALS '..65 ��.'85°" 10',' 5 "":'60 ° Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Pagel of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Dale: City No. -- MPO/RTPO:Peninsula Amend Date: Resolution No.: `"Project Identiflcatiori`-'-"—` - "Pro'ect'Costs iii Thou`s`ands'ofDollars' '� �' " ""' "`^Fetlerally�Funded' i 'm A. Federal Aid No. B. Bridge No. - Fund Sourcelnformatiori Expenditure Schedule q Projects Only g o f C. Project Title J m Federal FUndina I FM D.StreettRoad Name of Number .o s .Phase Federal Federal State 4th Required Beginning MP or road-.Ending MP or road `o o..¢ Start Fund Cost by Fund State Local Total 1st 2nd 3�d thru En,vir Type Dale F. Describe.Worktobe'Done- ~ 'mm/ddL Code I Phase.'Source. Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 5 15 09 7 _ CN 85 85 85 85 85 255 17 18 19 o a1.202"Pro'ect Cost $100,000j TOTALS ', 100 -" - 100' 100 100 100 ' '300 07 PE 10 10 10 O8 Neighborhood Roadway Safety Grants RW 09 8 _ CN 17 18 19 Toia1 202-1 rrro eetCosi..-R-,.�.�.$10i 00 TOTALS 10 "�10 10 CRP2006 PE 1/1/2015 HSIP 4.5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 2/1/2021 HSIP 15 15 15 07 9 Rd.No.:79800 1.50 CN 4/1/2021 HSIP 222 318 540 540 DCE 2121 From: MP 5.2 To: MP 6.7 Clear Zone Project t6t-,.,.,...,.._,-,.,n.,�..._...,.,,...�...,F....,,.,..�...._ "("ota12021.Pfo'ect Cost „:$.58,000 TOTALS,' HSIP", 7 226.5'.`:" ""383;5 560 560 CRP 2022 PE 1 2/112 0 2 0 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 10 09 10 Rd.No.:23500 tN 7/1/2021 RCO 430 From: MP 0.64 To: MP 0.64 Replace existing culvert with a new structure -f dta1,2021 Pro eGt Cost„ $:55,0�0f TOTALS. ,,47,.u '"(8 °".65',�c 55 'A¢5 CRP 2023 PE 12/1/2020 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW 1/1/2021 20 09 11 Rd No.:23500 _ CN 7/1/2023 2580 From MP 1.02 To:MP 1.02 Remove existing culvert and replace as needed oT tat-"1021 Pro eot CoSt " ""'OWADI TOTALS,"' '298 '7"52 .3 2580 CRP 2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 12 Rd No.:04450 _ CN 8/1/2021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with a new structure Tota12021 Pro act Cost, -$55,000 TOTALS m ', 47'; -_$ •e55 55 4d$ r.x a Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 2 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date: City No. - MPO/RTPO:Peninsula Amend Date: Resolution No.: Projectldentifibation - "' - - "-' - -' '° Pro'ebf Costs(n'Thousandsof'Dollars 'FetlerallyFunded 75 A. Federal Aid No. 8. Bridge No. o, Fund Source Information Expenditure Schedule Pro ects Only a .o E. C. Project Title J H Federal Fundln R/W 5 D. Street/Road Name of Number •o r Phase Federal Federal State 4th ,Required u- E. Beginning MP or road-Ending MP or road 'o- a a - .Envir Type. e9� 9 9 t-. Start Fund Cost by Fund State local Total 1st '2ntl' 3rd thru - Date F.Describe Work to be Donemm/dd/ Code' Phase_ Source, :Funds. Funds Funds: 6th mm/ 1 3 6 8 9 10 1 11 12 1 13 14 1 15 16 17 18 19 20 21 PE 2/1/2021 STPR 730.01 9.99 740 370 370 Harstine Island Polyester Overlay RW 07 13 Rd.No.: 30000 0.10 CN 6/1/2021 1954.9 305.1 2260 753.3 753.3 753.33 From:0.12 To: 0.40 Deck Repair Total'2021 Pro ect Cost°," ":""?$.3,000,000 TDTALS "";,; ;' � ` '2684.91, 315i09"" 30b0 370_1123 75313 3.13 Clear Zone Improvements PE 5/1/2020 HSIP 89.1 9.9 99 49.5 49.5 07 Rd.No.:91100-Arcadia Road RW 7/1/2021 HSIP 19.8 2.2 22 22 07 14 Rd.No: 04450-Highland Road. 14.76 CN 1/31/2022 HSIP .984.6 109.4 1094 54.71 54.7 07 Rd.No.:90100-Shelton Matlock Road 08 Rd.No.: 14880-Kamilche Point Road Tofa2d�1 ProeciCo�st '`""7 S"1.0001 TOTALS " '' 1093.5,' "'i+..121.,5 "1215 49.5 "71.5 "54,7`" 54.7 CRP 1993 PE 1/1/2019 RATA 16.851 3.148 19.999 20 Shelton Matlock Road Culvert Replacement RW 9/1/2020 20 20 20 07 15 Rd.No.: 90100-Shelton Matlock Road _ CN 7/15/2021 RATA 387.59 72.407 459.999 460 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure Total 2021"Pro"eat Cost $499,9991 ITOTALS '; ,� t 1499,998, '20 `20 CRP PE 1/1/2020 200 200 200 200 Belfair Connector-Log Yard Road E RW 10/1/2020 50 50 50 100 16 Rd.No.: _ CN 3/1/2021 From:SR3 To: Belfair Freight Corridor Design for new construction Tota12021 Ffio`ect Cosf`-; $`250„000� TTJTACS. 250 '-'`250 "250 1300 .... " CRP 2019 PE 6/1/2019 50 50 50 Belfair Connector-Romance Hill RW 7/1/2020 50 50 50 09 17 Rd.No.: 86500 _ CN 3/1/2021 From:SR 3 To: Belfair Freight Corridor Design for new construction Tbtaf2021`Pr"e'ectCost" .$'tOd;06 TOTALS 100 " ,1100 :"1001 - PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction RW 1/2/2022 08 18 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 1600 TBD From: MP 3.8 To: MP 4.6 Road reconstruction partner wl Mason Cons Dist$8M total project cost Tota12021"f?roectCosi -' ,$(L0a000-I TOTALS', 10_; ," ""90 " 10 °: "1600 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Altematives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 3 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date: City No. MPO/RTPO:Peninsula Amend Dale: Resolution No.: Project Identification - -"' _- - Pro ect Costs in Thousands of Dollars - " ' Federally Funded' o N A. Federal Aid No. B. Bridge No. Fund Source'Information Expenditure Schedule Pro ects Onl o E. C. Project Title J m Feoeral Fundin RAN c a a D. Street/RoadName�of'Number '62 Phase Federal Federal. State ` 4th Regured rLL_ Z E. Beginning MP or road-Ending.MP or road o o`n. Envir Type eg g g F- Start Fund Cost by Fund :State Local Total 1st 2nd 3rd thru ,Date F. DescdbeWork to be Done (mm/ddl y) Code Phase. '.Source Funds Funds. Funds ;:. 6th mm/ 1 3 6 8 9 10 11 12 13 14- 15 16. 17 18 19 20 21 CRP 1995 PE 6/1/2019 RATA 50 5 55 55 20 North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20 08 19 Rd.No.: 70390-North Shore Rd 0.10 CN 7/1/2022 RATA 500 From: MP 6.9 To: MP 7.0 Replace existing culvert with a new structure ._.._,,„ _.—.,- ,r--� „..,,. . .. ..„_ otaf2021'ProjectCosl $;55;000] TOTALS,"" '" '"'"5Q" ' '"5° `.;',55 "55 W '500 CRP2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 20 07 20 Rd.No.:39630-North Island Ddve 0.01 CN 7/15/2022 RATA 720 From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total 2021 Pro""�"�o—st— `-" —$4-0 "ect Cost• `, °.... $'90',000 TOTALS,',—, '71: 34 CRP 2001 PE 1011/2019 5 5 5 25 Homer Adams Road Culvert Replacement RW 3/1/2020 10 09 21 Rd.No.: 00610 0.10 CN 8/1/2020 300 20 From: MP 0.1 To: MP 0.2 Reconstruction Toial:2�2"'° "ect Cost ��r'"�"'$f5,00b'� TOTALS;` T5 'A°5% "5"" 36"^300 .`20 CRP 2021 PE 3/1/2020 RATA 5 5 10 10 60 North Shore Road-Great Bend Culvert Replacement RW 1/2/2022 20 08 22 Rd.No.: 70390 0.10 CN 7/1/2024 RATA 500 From: MP 16.6 To: MP 16.7 Replace existing culvert with a new structure _,...-..,.,, .. -_, 7ota12021 Pro'ectCost"� —$10;00 TOTALS,' „ ",,. _" .5,."'','51D 10 „�60 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10 Old Belfalr Hwy RW 5/1/2023 100 08 23 Rd.No.: 98250 040 CN 4/1/2024 RATA 1200 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2021 Project Cost $10,000 TOTALS " - ` ' " 8.5' ,71,6 10 -10"" 50 50+:'1310 Trails Road Alternate Route-Rasor Road PE Rd.No.62310 RW 9/3/2020 150 150 160 40 24 _ CN From: MP. To: MP. ROW acquisition Total 2020 Project Cost $150,000 TOTALS"', '"` '° - ,',1'b0 "• 160 ,150 "40',` WSDOT/County Intersection Feasabillty Study PE 40 40 Johns Prairie/SR3:Clifton Old Belfalr Hwy/SR300 RW 10 07 25 Rd.No.: 0.10 CN 300 From: MP To: MP Feasability Study Total 2020 Project Cost $40,000 TOTALS - ao 3'50 Phase Funding BR AC-Bridge Replacement Advisory Committee a FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 4 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date: City No. -- MPO/RTPO:Peninsula Amend Date: Resolution No.: a__r.e.,__.�... ..._..�,.- rolect denU icaUom " - pro ect'CostsiRTfio`usarids of'Dollais — w. -FederallyFunded A. Federal Aid.No. B. Bridge No. ` `" Fund Source.lnformation Expenditure Schedule Project Only o E C. Project Title " m Federal Fund in - 'RNV a z D. StreeURoad Name of Number .o.L Phase Federal Federal State 4th 'Required m E.B innin MP or -Endin MP or road o a a EnyirType Beginning 9 r - Start Fund Cost by Fund State Local Total 1st 2nd 3rtl thru Date- F. Describe Work tobe:Done _ mm/dd/ Code Phase °Source .Funds Funds Funds 60i mm/ 1 3 6 8 9 10 11 12 13 14 15 16 17 181 19 20 21 PE RAP 36.9 4.1 41 41 Shelton Valley Culvert RW 9 1 10 10 26 Rd.No.: 05930 0.12 CN 455.4 50.6 506 606 506 From: MP 1.94 To:2.06 Replace existing culvert with new structure(winter creek) Total 2020 Project Cost $657.000 TOTALS "' 501.3 '55.7'„ '557 606 ""- .41" 516 Allyn Access,Circulation Easement Acquisition PE 1/2/2021 100 350 Wheelwright,Wade,and Masterson ROW RW 6/1/2022 125 27 Rd.No.:TBD _ CN 6/1/2023 3000 From: MP To: MP ROW acquisition _..-.M:..___-_._.�.-,lect_.-.- �,...,, Tota12020Rro'ectCost `- '- T;O7ALS. ,.°100 PE 1/1/2025 400 Trails Road Realignment RW 10/1/2025 50 07 28 Rd.No.:62310 040 QN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment ._�ia-I,....,..,..,.._..,.j-e`,,. ,.r,,,,,,, ,V„„^, TOTALS,. TotaT.2020 Pro e¢t Cost 450 PE 6/1/2023 ,. 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 29 CN 4/1/2025 1325 3R Improvement-Resurfacing,Restoration and Rehabilitation , Total-2020 Pro'ectCost. ,ne. a."." TOTALS '•,�'� .':^ ", ,.�-'^ " . "'„`"` ' .w- :: ,, ,,1�85 Mason Benson Intersection Safety PE 6/1/2021 40 RW 10 30 Rd.No.63010 0.10 CN 300 From:MP 2.5 To:MP 2.6 Improve sight distance Tota1.2020,Pro'ect TOTALS. ,, " ° ,h' Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 5 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: 11/3/2020 Adoption Date: City No. - MPO/RTPO:Peninsula Amend Date: Resolution No.: Projectldentification 'Pro ecf Costs In Thousands of',Dollars- ''I—Federally'Funded A.federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule •Projects Only oE C. ProjeclTille J H Federa6Fundin R/W c v a o D. Street/Road-Name of Number ,:o t Phase Federal Federal State 4th Required. ri Z E. Beginning MP or road-Ending MP or road 0 a o- Start Fund Cost by Fund -Slate Local Total 1st 2nd 3rd tryN•EnvirType. Date 1 F.Describe Work to be Done (mm/dd/ Code I Phase .Source._Funds. Funds Funds 6th -_ mm/ 1 1 3 6 8 9 1 10 11 12 13 14 15 16 17 18 19 20 21 PE 6/1/2021 120 Frieght Corridor Trail RW 31 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Tota12020 Project Cost ") TOTALS 1- 120 TOTALS 4.00 4770.15 1405.2 2292.6 8467.971 2676 3671 3936 13781 Future Considerations/Wishlist Completion of Trails road Alternate Route-Rasor Road in phases Log Yard Port of Bremerton Industrial Loop Connectivity Planning Cloquallum Road MP 4.6 to 5.2 curve realignments Gravel Road Conversions Cloquallum Road MP 6.6 to 7.2 widening Kelley Hall Road Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Sunny Side Road Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Eells Hill Road Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Callifomia Road Terrace Blvd Road and Hwy 101 intersection-partner project with WSDOT Webb Road Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwan Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) Board FLAP-Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Improvement Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State CN-Construction RATA-Rural Arterial Trust Account TAP-Transportation Alternatives Program Emergency Management funds Page 6 of 6