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HomeMy WebLinkAbout2021/08/03 - Regular Packet Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 3, 2021 �u 9:00 a.m. Our Commission meetings are live streamed at http://masonwebtv.com/ In compliance with Proclamation by the Governor 20-25.14 and the Order of the Secretary of Health 20- 03.3, in person attendance is temporarily restricted. During this time, we will accept public comment and testimony using Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners'Office at 411 N 5th St, Shelton, WA 98584; or call (360)427-9670 ext. 230. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA) meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Certificates of Appreciation for Mason County COVID-19 Volunteers Announcement by Ross McDowell 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. (3 minutes per person, 15-minute time limit.) 6. Adoption of Agenda Items appearing on the agenda alter'Item 10. Public Hearings"maybe be acted upon before 9:15 a.m. 7. Approval of Minutes —July 19, 2021 Briefing Minutes 8. Approval of Action Agenda Items listed under'Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8081895-8082101 $ 645,488.30 Direct Deposit Fund Warrant # 79364-79766 $ 823,846.46 Salary Clearing Fund Warrant # 7006060-7006082 $ 540,779.09 Treasure Electronic Remittances 8.2 Approval to add Reid Yamasato to the Mason County Recreation Area (MCRA) Park Host Contract # 20-118 with Shelly Warren for a term from July 19, 2021 to December 31, 2022. 8.3 Approval to set a Public Hearing for Tuesday, August 31, 2021 at 9:15 a.m. to consider a request to rezone three parcels (# 32007-14-90024, 32007-14-90021, and 32007-14-90034) in the Shelton Urban Growth Area (UGA) from Neighborhood Residential (NR) to Commercial Industrial (CI). 8.4 Approval to set a Public Hearing for Tuesday, August 31, 2021 at 9:15 a.m. to consider a correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel # 32026-10- 90021 (one acre) from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). 8.5 Approval for the Chair to sign the Juvenile Detention Alternatives Initiative (JDAI) Implementation County Program Agreement with the Department of Children, Youth, and Families (DCYF) Agreement # 2163-23920 and DCYF Agreement # 2183-22425 for State Fiscal Year 2022 and 2023 for a maximum agreement amount of$49,000, 8.6 Approval of the Health Resources &Services Administration grant subcontract with Olympic Health & Recovery Services (OHRS) for the Health — Rural Communities Opioid Response Program (RCORP). 8.7 Approval for the Chair to sign the contract for Mason County Parks and Recreation Comprehensive Plan update 2021-2026 furnished by the Team of Robert W. Droll, Landscape Architect, to perform the scope of services in the amount of$48,500. 8.8 Approval to sign the Amendment to the Memorandum of Understanding between the Squaxin Island Tribe and the Mason County Sheriff's Office, 8.9 Approval of the Ordinance amending Ordinance # 69-17 Mason County Code Chapter 2.132.010 Sheriff's Fees. 8.10 Approval of Amendment 22 to the Mason County Public Health 2018-2021 Consolidated Contract # CLH18253 to add an additional $28,250 of funding. 8.11 Approval to amend Resolution # 2020-86 Mason County Personnel Policy to add, remove, and update the language in Chapters 1.4, 3.5, 5.1, 5.2, 7, 7.1, 7.2.7, 7.2.20, 7.3, 7.6, and 7.11; add Chapters 5.3 Longevity, 5.12 Personnel Action Policy, 7.10 WA State Long Term Care Trust Account, and 17 Telework Policy; and rescind Resolution # 2020-29 Mason County Telework Program, Policy, and Procedures and Mason County Code Chapter 2.153. 8.12 Approval to authorize the County Engineer to procure a new John Deere 85G Excavator and a Dynapac CA 1300 Soil Compactor off of the National Joint Powers Alliance (NJPA)/Sourcewell joint cooperative purchasing contract with Pape Machinery and the trade-in of approved surplus. 8.13 Approval to authorize the County Engineer to execute the agreement with Washington State Department of Transportation (WSDOT) to provide fabrication inspections and testing upon request from Mason County Public Works. 8.14 Approval for the Chair to execute the Adopt-A-Road Agreement between Mason County and the Harstine Island Community Club to pick up roadside litter from North Island Drive milepost 0.000 to 4.729 and South Island Drive milepost 0.000 to 3.304. 8.15 Approval for the Chair to execute the Adopt-A-Road Agreement between Mason County and the Public Utility District Employee Association (PUDEA) to pick up roadside litter from Island Lake Drive milepost 0.000 to 2.317 and Island Lake Road milepost 0.000 to 0.540. 8.16 Approval to set a Public Hearing for August 31, 2021 at 9:15 a.m. to consider approving the franchise agreement between Mason County and Clifton Pebble Beach Water District to construct, operate, and maintain their water system along the North Shore Road. 8.17 Approval to authorize the Interim County Administrator to enter into agreements for the following: MCSO Body Cameras for $700,000; PUD 1 Agate Beach Water System Mainline for $559,000; PUD 1 Vuecrest Storage Update for$158,284; Belfair Water for$450,000; PUD 1 Belfair Substation for $1,500,000; PUD 1 Customer Arrearages due to COVID-19 for$125,000; Economic Development Council Small Business Grants for $500,000; Hood Canal Communication (HCC) Colony Surf Fiber Buildout for $313,556; HCC Eldon Fiber Buildout for $501,932; HCC Customer Arrearages for $110,000; and Mason County Treasurer Property Tax Arrearages for$200,000 using funds from the American Rescue Plan Act(ARPA) for a total of $5,117,772. 8.18 Approval to authorize the Interim County Administrator to issue a Request for Proposal for the Professional Services of a Washington State Lobbyist. 8.19 Approval of the Resolution adopting the 2021-2022 Comprehensive Economic Development Strategy (CEDS) Project List as recommended by the Mason County Economic Development Council. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve the rezone of a 9.77-acre parcel # 42018-14-00030 from Rural Commercial 1 (RC1) to Rural Industrial (RI). Staff: Marissa Watson 10.2 Public Hearing to approve an Ordinance establishing a 25-mile per hour speed limit on Snider Road from milepost 0.000 to 0.720 in Mason County. Staff: Mike Collins 11. Board's Calendar and Reports 12. Adjournment uerK MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: August 3, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following Liquor & Marijuana Licenses due to expire, Liquor license for Summertide Resort and Westside Pizza. 4.1.2 Carl Soper sent in a letter resigning from the Board of Equalization. 4.1.3 Received letters from Linda Knowlton, Scott Kumpel ,Kevin & Nadine Brown, Sharon & Byron Frazier, Shannon Hagen, Mike &Tara Williams, MJ Ledesma, Mark Chooljian, Mark Gregorius and Diane Ganey regarding Funding Full Internet Access to the Hood Canal. 4.1.4 Economic Development Council of Mason County 2021 Quarter Report. 4.1.5 Collen and Gary Stout sent in a letter regarding Phase 2 improvements with in Agate Beach Water System. 4.1.6 Letters were received from Kevin Mcrea, Keenan Duke and Tom & May Hoffman on positive consideration of the Vuecrest Storage Update Project. 4.1.7 William Bezanson sent in a Noxious Weed Control Board Application and David Peppard for the Veterans Advisory Board. 4.1.8 Mason County's Voluntary Stewardship Program 2019-2021 Biennial Report. 4.1.9 State of Washington Department of Ecology sent in the 2020 Wastewater Treatment Plant Outstanding Performance Awards. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 July 06, 2021 Dear Local Authority: [\II::SOiI C',Oi,iiliy RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Corr ir,jissio ers Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order 9DnotheiBgatd6irrde¢twio?ffbe Board members have final authority to renew the marijuana license and will enter a final Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board C`Y„- PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 LIVED www.liq.wa.gov Fax 9: (360) 753-2710 .liL 1 � 1 July 06, 2021 Dear Local Authority: Mason County RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Commissioners Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or based. You may include attachments and supporting documents which contain or confirm the facts upon which y -102 based. ^^/n,/� o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 /ll� (�� V Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the J expiration date. If you need additional time you must request that in writing. Please be aware, however, that the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request fl . itension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. 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 liquor license and will enter a final order announcing their decision. 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SAFEWAY INC. SAFEWAY STORE #1571 082115 SPIRITS RETAILER 23961 NE STATE RT 3 BELFAIR WA 98528 0000 2 . ISLAND BELLE, LLC ZECH INTERIORS AND DESIGN 426729 BEER/WINE SPECIALTY SHOP 23299 STATE HWY 3 BLDG A-2 BEER/WINE SPECIALTY SHOP BELFAIR WA 98528 9324 3 HD'S TAVERN, LLC HD'S TAVERN 072049 SPIRITS/BR/WN REST LOUNGE - 24131 NE STATE ROUTE 3 KEGS TO GO BELFAIR WA 98528 9626 4 . HOODSPORT WINERY, INC. HOODSPORT WINERY 354432 DOMESTIC WINERY < 250,000 LITERS 23501 N US HWY 101 DIRECT SHIPMENT RECEIVER-IN/OUT WA HOODSPORT WA 98548 9731 BEER/WINE SPECIALTY SHOP 5 KIM, YONG KOO DAYTON STORE 352895 GROCERY STORE - BEER/WINE W7480 SHELTON-MATLOCK RD SHELTON WA 98584 0000 6 . - UNION SQUARE DELI, LLC UNION SQUARE DELI 087370 SPIRITS/BR/WN REST LOUNGE + 310 E DALBY RD STE 100 OFF-PREMISES SALE WINE UNION WA 98592 9611 Cc:CMMRS Neatherlin, Shutty, Trask 4Washington State Clerk W tk.10 A4e,,� gyp, -0- Liquor and Cannabis Board ff.sa,4 NOTICE OF LIQUOR 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://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: ASSUMPTION DATE: 7/22/21 From BEULAH'S BEACH LLC Dba SUMMERTIDE STORE APPLICANTS: HOOD CANAL VENTURES LLC License: 079534 -2N County:23 LARSON, MORGAN U BI: 604-764-741-001-0001 1971-03-04 SCHEER, CHRISTA Tradename:SUMMERTIDE RESORT 1080-04-21 Loc Addr: 15781 NE NORTHSHORE RD TAHUYA WA 98588-9603 Mail Addr: 1824 PROSPECT AVE HOOD RIVER OR 97031-1365 Phone No.: 831-475-7107 CHRISTA SCHEER Privileges Applied For: GROCERY STORE-BEERIWINE As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor 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 CHRI desk at(360) 664-1724. 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 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)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 t' Washington State Clerk Liquor and Cannabis Board �Ve �' CkP ,ray/a -r Li q M.SPaI.r. NOTICE OF LIQUOR 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://Icb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 7/22/21 UBI: 604-520-744-001-0001 License: 430343 -2N County: 23 APPLICANTS: Tradename: WESTSIDE PIZZA WSP1 LLC Loc Addr: 23730 NE STATE ROUTE 3 JARED HALL BELFAIR WA 98528-9814 1979-12-29 LORA HALL Mail Addr: PO BOX 164 (Spouse) 1990-06-25 FORKS WA 98331 Phone No.: 360-460-8557 JARED HALL Privileges Applied For: DIRECT SHIPMENT RECEIVER-IN WA ONLY BEER/WINE REST- BEER/WINE As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor 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 CHRI desk at(360)664-1724. 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 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)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 7/16/2021 Mail-GKenyon@co.mason.wa.0 Cc:CMMRS Neatherlin, Shutty, Trask FW: Resignation from the BOE Clerk Becky Rogers Thu 7/15/2021 12:00 PM To Ginger Kenyon <GKenyon@co.mason.wa.us>; cc:Dawn Twiddy <DawnT@co.mason.wa.us>; Ginger, Please include Carl Soper's email below in the County Commissioners' correspondence. Becky Rogers, Administrative Clerk Mason County Human Resources Mail: 411 N. 5th St, Shelton, WA 98584 -------------------------------------- Physical: 423-N.-5th St,_She lto_n,-W_ _A_9858.4 P: 360-427-9670 X 268 F: 360-427-8439 Hours: Mon— Fri; 8 am—5 pm (PDT) -----Original Message----- From: BOE <cksoperboe@comcast.net> Sent:Thursday, July 15, 2021 11:23 AM To: Becky Rogers <rsr@co.mason.wa.us> Subject: Resignation from the BOE Hi Becky, I am resigning from the Board of Equalization effective today. I am moving on to work for the Employment Security Department. It's been my pleasure to work with you and the other members of the board and to be a part of helping the community of Mason county. Thank you for all your work and guidance during my time on the board! Carl Soper ul, Mason County Comm iS SiOners https://owa.co.mason.wa.us/owa/#path=/mail 1/1 7/16/2021 Mail-GKenyon@co.mason.wa.us Cc.CMMRS Neatherlin, Shutty, Trask Clerk FW: Please fund full internet access to the Hood Canal Diane Zoren Fri 7/16/2021 10:43 AM - Ginger Kenyon <G Kenyon @co.mason.wa.us>; Please include email in Commission meeting correspondence. I already sent to Commissioners. Thanks From: Linda Knowlton <Ijknowlton@yahoo.com> Sent:Thursday, July 15, 2021 11:29 AM To: Diane Zoren <Dlz@co.mason.wa.us> Subject: Please fund full internet access to the Hood Canal To Mason County Commissioners, 1 am a resident of the Colony Surf development in Lilliwaup. We in Divisions 5 and 6 have zero access to reliable internet service. Century Link provides extremely slow DSL to a few residents over old phone lines, but they are not connecting new customers due to limited broadband capability. Century Link has not indicated any plan to update their system. I urge you to please fund Hood Canal Communication's request to expand broadband to rural communities in Colony Surf and Eldon. The Hood Canal-101 corridor is a broadband desert. HCC is the only service provider that is actively working toward a solution for Mason County residents on the Canal. They also are partnering with our local PUD to help save costs and reach more homes. It makes sense to fund this rural broadband infrastructure project since this type of expansion is one of the intents of ARPA. Broadband is an essential utility service to which all Mason County residents and U.S. taxpayers deserve equal access. Please fund their request. Thank you. Linda Knowlton, 82 N Canal View Court, Lilliwaup, WA 98555 4 ,�?` t _. ----- 6tr ,�a� R ki Sent from Yahoo Mail for iPhone tt _ Mason County Commissioners https://owa.co.mason.wa.us/owa/#path=/mail 1/1 Cc:CMMRS Neatherlin, Shutty, Trask Clerk Ginger Kenyon From: Scott Kumpel <kumpels@msn.com> Sent: Wednesday, July 14, 2021 9:49 AM To: Kristin Masteller Subject: Broadband to north county I wanted to voice my support and encouragement of plans to pursue making broadband available to those of us in the north end of the county. We have a home on Triton Cove by the county line and have no good options for internet available to us. Thank you, Scott Kumpel RE ' Mason County Commissioners i 7/21/2021 Mail-GKenyon@co.mason.wa.us FW: High Speed Internet Funding Diane Zoren Wed 7/21/2021 1:35 PM To:Ginger Kenyon <GKenyon@co.mason.wa.us>; Please include email in correspondence. I already sent to Commissioners.Thanks From: Nadine Brown <mason17chief@gmail.com> Sent:Wednesday,July 21, 2021 1:31 PM To: Diane Zoren<Dlz@co.mason.wa.us> Subject: High Speed Internet Funding Hello- My husband and I live in Division 6 of Colony Surf Club, a HOA, on Highway 101 in Lilliwaup. Where our home is located within the HOA is actually two miles up in the hill above the highway. The problem here is when Divisions 4, 5, and 6 were created, power was put in underground unlike the older Divisions 1, 2, and 3 which are above ground. HCC was eventually brought in but only in the Divisions that had poles. The other three Divisions have DSL through CenturyLink which they have admitted that with the growth of internet users in our divisions, their service is beyond overwhelmed - extremely slow if not non-existent. I am the Chief of Mason County Fire District 17 in Lilliwaup and do most of my work from home by internet. It is increasingly becoming more difficult if not impossible to do the work because of the extremely poor internet service here. This is a true problem now that we're in a potentially dangerous fire season. I talked to PUD 1 a week ago and they are going to be working on the underground lines here and they believed HCC is hoping to be able lay line while the power lines are exposed which HCC told me was what they needed to bring line in because it was cost prohibited otherwise. Please Commissioners consider the funding necessary to bring high speed internet to all. Chief Nadine Brown MCFD17 PO Box 4 Lilliwaup WA 98555 ------------------------ 360-362-2012 mason 17chief@gmail.com https://owa.co.mason.wa.us/owa/#path=/mail 1/1 7/21/2021 Mail-GKenyon@co.mason.wa.us FW: Please fund their request! Diane Zoren Wed 7/21/2021 1:41 PM To:Ginger Kenyon <G Kenyon @co.masonma.us>; Another one for correspondence. Commissioners already have a copy. From:sharon and byron<ssavellfrazier@yahoo.com> Sent:Wednesday,July 21, 2021 12:52 PM To: Diane Zoren<Dlz@co.mason.wa.us> Subject: Please fund their request! I am a customer of the Colony Surf Division 6 development in Lilliwaup. 1 urge you to please fund Hood Canal Communication's funding request to expand broadband to rural communities in Colony Stuf and Eldon. The Hood Canal-101 corridor is a broadband desert. HCC is the only service provider that is actively working toward a solution for us Mason County residents on the Canal. They also are partnering with our local PUD to help save costs and reach more homes. It makes sense to fiend this project- rural broadband infrastructure projects are one of the intents of ARPA. Broadband is an essential utility service that all Mason County residents and U.S. taxpayers deserve equal access to. Please fiend their request. https://owa.co.mason.wa.us/owa/#path=/mail 1/1 7/21/2021 Mail-GKenyon@co.mason.wa.us CC:CMMRS Neatherlin, Shutty, Trask FW: Internet service Clerk Diane Zoren Tue 7/20/2021 5:29 PM To:Ginger Kenyon <G Kenyon @co.masonma.us>; Please list the below email in Commissioner Correspondence as "requesting support for internet service in Colony Surf. I already sent to the Commissioners. Thanks From: kevin brown <stevegenekevin@gmail.com> Sent:Tuesday,July 20, 20213:42 PM To: Diane Zoren<Dlz@co.mason.wa.us> Subject: Internet service We find ourselves always traveling to other locations to use internet as ours in colony surf division 6 can be of no use, especially at certain hours. I cannot update at my location . Please help. Kevin and nadine brown RE CLIE11, ,-u- Mason County Commissioners https://owa.co.mason.wa.us/owa/#path=/mail 1/1 7/27/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Clerk FW: Broadband desert.. McKenzie Smith Tue 7/27/2021 8:06 AM To:Ginger Kenyon <G Kenyon @co.mason.wa.us>; Good morning Ginger, Would you please add this as correspondence? I have already forwarded this on to the Commissioners. Warm regards, McKenzie From: Shannon Hagen<seahagen@hotmail.com> Sent:Tuesday,July 27, 2021 7:14 AM To: McKenzie Smith <msmith@co.mason.wa.us> Subject: FW: Broadband desert.. Dear Commissioners, I had additional thoughts when reflecting on how important it is to have access to broadband that I wanted to add. If a community collects and shares information, news, education, alerts etc. On a standardized medium and ALL citizens have access to that medium then everyone has the same advantage, to grow, succeed and thrive, however if only some of a community is afforded that medium of information flow then part of the community is left behind. With that I would like to add and speak for those that may not be aware of this discussion,we do have a family of young children that live in division 6 near us in Colony Surf,they need this access as much if not more than the rest of us. Thankyou again for your consideration and dedication to the communities you serve. Sincerely, Shannon Hagen 1902 north colony surf dr. Lilliwaup WA 98555 ------------------------ 206-499-4104 Dear Commissioners, I am a customer of the Colony Surf development in Lilliwaup. My hopes of a home based business are null with out improvements to broadband in our neighbor hoods.Additionally I find it very difficult to keep up on the news, and living so remotely we need the safety of adequate access to news and issues we may face living so close to the forest.And dept of natural resources. We have zero access to broadband. I urge you to please fund Hood Canal Communication's funding request to expand broadband to rural communities in Colony Surf and Eldon. The Hood Canal-101 corridor is a broadband desert. HCC is the only service provider that is actively working toward a solution for us Mason County residents on the Canal. They also are partnering with our local PUD to help save costs and reach more homes. It makes sense to fund this project-rural broadband infrastructure projects are one of the intents of ARPA. https://owa.co.mason.wa.us/owa/#path=/mail 1/2 7/27/2021 Mail-GKenyon@co.mason.wa.us Broadband is an essential utility service that all Mason County residents and U.S. taxpayers deserve equal access to. Please fund their request. The prosperity and future growth of the communities will depend on access to information and high speed communications systems. Thankyou for taking the time to consider this request. Sincerely, Shannon Hagen 1902 Colony Surf Dr. Lilliwoup Wa 98555 206-499-4104 Sent from my Verizon,Samsung Galaxy smartphone https://owa.co.mason.wa.us/owa/#path=/mail 2/2 7/27/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask FW: Approve funding for internet service Clerk Diane Zoren Tue 7/27/2021 10:03 AM To:Ginger Kenyon <GKenyon@co.masonma.us>; And another one From:Tara Williams<tarawilliams9902@gmail.com> Sent:Wednesday,July 21, 2021 10:59 PM To: Diane Zoren<Dlz@co.mason.wa.us> Subject:Approve funding for internet service Hello, My name is Tara Williams my husband and I moved into our dream home at 50 North Canal View Court in Lilliwaup. We are in division 6 in ColonySurf. My husband and I would love to see internet installed in our divisions. We currently have zero tv or internet service. We have tried many different options but have been told we have to many trees so we can't get satellite . We would like to have internet to have the same opportunities the other divisions have,tv, the options to work from home or just the common utility that most American homes have! Please consider funding the project so the homes in our divisions have the option to get service. Thank you, Mike and Tara Williams https://owa.co.mason.wa.us/owa/#path=/mail/inbox 1/1 7/27/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Clerk FW: Century Link Diane Zoren Tue 7/27/2021 9:39 AM TaGinger Kenyon <GKenyon@co.mason.wa.us>; Please list in correspondence; already sent to Commissioners. From: Mj Ledesma<mjledesmal6@gmail.com> Sent: Friday,July 23, 2021 11:02 AM To: Diane Zoren<Dlz@co.mason.wa.us> Subject: Century Link I think it would be very positive to have some competition at Colony Surf. I own a couple homes and Hood Canal Communications is by far the most expensive we pay for services. Thanks MJ Ledesma https://owa.co.mason.wa.us/owa/#path=/mail/inbox 1/1 7/27/2021 Mail-G Kenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask FW: Colony Surf Internet Clerk Diane Zoren Tue 7/27/2021 9:59 AM To:Ginger Kenyon <G Kenyon @co.mason.wa.us>; Another one for correspondence; Commissioners have a copy.Thanks From: Mark Chooljian <darkwing3324@gmail.com> Sent:Thursday,July 22, 2021 12:49 PM To: Diane Zoren <Dlz@co.mason.wa.us> Subject: Colony Surf Internet I fully support having HCC bring internet/tv to Division 5 and 6. 1 live in division 6 and would love to dump Centuryl-ink as their speeds to be blunt, suck! I pay 103.00 a month for sucky internet and phone, plus another 136.00 a month for Direct TV. I look forward to dumping both and going with HCC because of their pricing.Thanx. Mark. https://owa.co.mason.wa.us/owa/#path=/mail/inbox 1/1 7/27/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Clerk FW: Internet: Diane Zoren Tue 7/27/2021 9:57 AM TaGinger Kenyon <GKenyon@ co.mason.wa.us>; List in correspondence; Commissioners have a copy.Thanks From: Mark Gregorius<mgregorius@creativeof.com> Sent:Thursday,July 22, 2021 5:43 PM To: Diane Zoren <Dlz@co.mason.wa.us> Subject: Internet: Hi, I understand you are voting on providing funding to Colony Surf for Internet Cable. Please vote yes for this—we have a very weak cellular signal so that isn't an option and the DSL line (very old) is maxed out.There are a lot of people (including families with school age children)that are not able to get internet. Thank you, Mark Gregorius 1621 North Colony Surf Dr -------------------------------- Lilliwaup, WA 98555 - ---------------- -------- 360-349-3160 https://owa.co.mason.wa.us/owa/#path=/mail/inbox 1/1 7'28/2021 Mail-GKenyon@co.mason.w CC.CMMRS Neatherlin, Shutty, Trask Clerk FW: Broadband Diane Zoren Tue 7/27/2021 2:03 PM Ginger Kenyon <GKenyon@co.mason.wa.us>; RECEIVE® Another one for correspondence; Commissioners have a copy JUL 2'� 20241 From: Diane Ganey<dgteach4@hotmail.com> Mason County Sent: Sunday, July 25, 2021 9:35 AM Commissioners To: Diane Zoren <Dlz@co.mason.wa.us> Subject: Broadband To Whom It May Concern, I am a customer of Colony Surf in Lilliwoup. We have zero access to broadband. I urge you to please fund Hood Canal Communication's funding request to expand broadband to rural communities in Colony Surf. The Hood Canal-101 corridor is a broadband desert. HCC is the only service provider that is actively working toward a solution for us Mason County residents on the Canal. They also are partnering with our local PUD to help save costs and reach more homes. It makes sense to fund this project- rural broadband infrastructure projects are one of the intents of ARPA. Broadband is an essential utility service that all Mason County residents and U.S. taxpayers deserve equal access to. Please fund their request. https://owa.co.mason.wa.us/owa/#path=/mail 1 c;C:UMMKS Neatnenon, Snutty, I rasK 2021 Q2 Report: Economic Development Council of Mason Clerk 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. 2021 Scope of Services Q CONTRACTOR to provide a budget by expense category totaling$90,000 for the 2021, one-year contract to the BOCC within fifteen days (15) of contract execution. Completed. Z 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. Q2: Monthly with changes during COVID19 briefing changes etc. Q2: We kept the same outreach efforts for the VY quarter of 2021 which has been county wide during these recovery efforts. We continue to utilize our local newspaper, radio station, Mason County EOC Team, Firefighters Association, social media, email distributions lists. We are calling, emailing, and driving to businesses to make sure we reach as many as we can during this time.We have also partnered with our public utility districts#3 and No.1 to reach all their commercial rate payers to provide funding opportunities and business support resources. RECRUITMENT& MARKETING Q CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q2: New leads: 9 Potentials Pipeline: 5 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. Q CONTRACTOR to provide site location assistance ... Deliverable: Quarterly list of project names. Q2: Project Hot Tub Time Machine: Manufacturing Project Bumble Bee: Data Center Project Jane: Aerospace Project Highbar: Manufacturer Project Squirrel: Manufacturer Project Big: Triangle mixed use, retail developer Project Build: Manufacturer, large electrical load Project Falcon: Paper manufacturer Project Globetrotter: Aerospace manufacturer Project Hotel—ongoing Project Skeeters—Family bowling center USDA funding—timeline extension BUSINESS RETENTION &EXPANSION ACTIVITIES Deliverable: quarterly dashboard of communication analytics. Q2: DASHBOARD OF ANALYTICS: 2021 Q2 WEBSITE 1,852 3,583 46.38% 4746 SOCIAL MEDIA :•• Followers:2047 Followers:203 New Followers: 182 New Followers:63 Page Views:544 New Posts:40 Likes: 1837 Post Reach: 16,900+ 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. Q2:The 'Business Spotlights' have slowly begun again as we move forward into phases as part of the Roadmap to Recovery from the Governor's office.The BRE program had been modified to digital and virtual services during the pandemic to be safe for our staff. Moving forward in reopening we 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 follow-ups with existing businesses. Q2: EDC staff continues to work with the Mason County Area Command team for recovery efforts in Mason County. iFiberone News Radio and Shelton-Mason County Journal continue to share out our updates via interviews and articles. We have also partnered with PUD#3 and PUD No.1 to send grant and business support resource information to ALL commercial rate payers in Mason County totaling over 600 commercial accounts. Our distribution lists are massive, and we use those constantly and receive great feedback. With follow ups,via email, phone calls, referrals we estimate 300 at minimum. 0 CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q2: CDBG Business Builder Course—CDBG Business Builder Course—Courses have started with addition of the On-Line Presence and Marketing Strategies Courses—There are discussions to put this off until fall when business owners and parents have a better idea of schedules and time. BUSINESS ASSISTANCE 0 CONTRACTOR to provide or facilitate the provision of export assistance. Z CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q1: Approximately 300 businesses were assisted through a variety of grant applications and other forms of support. We are worked with state and federal governments on programs to support our local businesses. We are collaborating with the Department of Commerce on a new 5th Round of Working Washington Grant opportunities where we anticipate a concentrated effort on the arts, science driven companies as suggested by our Legislature. We are also in discussions with our BOCC on a new round of small business grants for non-profits and non-traditional brick and mortar home based businesses. Deliverable: and number of follow-up interactions. Q1: Approximately 200.The work that we need to continue our focus on is business retention and outreach for grant follow-ups on awardees for our contract reporting. This touchpoint also serves as an opportunity to continue talks with out businesses to gauge their needs and the overall health of our business community. READINESS&CAPACITY BUILDING Z CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 4/25/2021. Q CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. 0 CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. 0 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 will be complied and provided in April 2021. CC:CMMRS Neatherlin, Shutty, Trask Clerk July 17, 2021 Board of Commissioners Mike Sheetz, Commissioner rr ,...ury 14 E® Jack Janda, Commissioner , , Ron Gold, Commissioner N11 Mason County Cornmissioners Dear Commissioners, This letter is in response to the notice I received from PUD District 1 announcing the intention of a Mason County Commissioner's Meeting on July 20, 2021 to discuss funding phase 2 improvements within the Agate Beach Water System. As a resident in this community who currently cannot be served by this water system, I wholeheartedly support an expansion of service that would include me. We have slowly developed our lots located on East Agate Beach Drive to include dry buildings and structures for use as a part time, seasonal residence with the hopes that we could make that our full-time residence if we had water service. The value of water service provided by Mason County is invaluable to us and would be life changing. The cost of a private well has made this option prohibitive to us, and so we have been waiting patiently these past 8 years that improvements would catch up to our part of the community. As the lack of development to the many empty lots on our side of the street attest, water service is an invaluable catalyst for growing and thriving and the absence of this vital resource encourages stagnation and even death. If I can lean into an adage known around the world Water is Life and I must agree and add that it is most keenly felt by those who do not have it. Thank you for your time. Respectufully, Colleen and Gary Strout Tax Parcel#s 320245301001-08 Cc:CMMRS Neatherlin, Shutty, Trask Clerk July 15, 2021 Mason County Board of Commissioners IJr<< 411 N 5th Street Shelton, WA 98592 Mason County Dear Commissioners, CornMissioners I'm writing today to urge your positive consideration of the Vuecrest Storage Update Project. We purchased property on Union Ridge in September of 2020, and confirmed that water was available. Due to the sudden change in connections in 2021,we are no longer able to access the water on our property, forcing a complete change in our plans to build our first home. This has been devastating, and we are deeply concerned about the future of water availability in the area. The combined Vuecrest and Union Ridge water systems are currently at maximum capacity due to insufficient storage capabilities. Mason County PUD#1 is working on solutions, and recently completed a geotechnical study on land that would support new infrastructure-but that is as far as budget constraints will currently allow them to go. However, American Rescue Plan funding would allow the project to be completed within the next two years adding not only to our capacity, but much needed additional infrastructure such as a back-up generator that would keep water flowing even during power outages. The Vuecrest Storage Upgrade Project is already a Comprehensive Economic Development Strategy (CEDS) List project, and this funding request would complete Phase 1 and Phase 2 (engineering for the storage and booster station). This would allow the PUD to seek additional funding for Phase 3 of the project that would allow construction to begin in late 2022 or early 2023. Vuecrest has a waiting list of 6 property owners and Union Ridge has a waiting list of 2 property owners. Given the real estate boom we're witnessing, we expect these waiting lists to grow in the intervening time-especially as the severity of the problem has only just recently come to light. This infrastructure challenge is becoming a serious bottleneck limiting real estate transactions, construction employment, and tax revenue. In the wake of the pandemic, we appreciate the Commission's commitment to our community, especially those who have experienced COVID-related economic hardships. Sharing these infrastructure funds would provide a much needed post-pandemic economic boost for not just our neighborhoods, but all of Union and Mason County. Thank you for your consideration of our request. Please feel free to reach out to me directly if you have additional questions or would like additional information. Sincerely, Kevin McCrea and Keenan Duke Parcel#32106-75-90033 E Gerbing View Drive Union, Washington 98592 (360) 701-9721 kevin.mccrea40 anamail.com r Cc:CMMRS Neatherlin, Shutty, Trask Clerk July 6, 2021 Mason County Board of Commissioners 411 N 5th Street Shelton, WA 98592 Dear Mason County Commissioners, I'm writing today to urge your positive consideration of the Vuecrest Storage Update Project. The combined Vuecrest and Union Ridge water systems are currently at maximum capacity due to insufficient storage capabilities. Mason County PUD #1 is working on solutions, and recently completed a geotechnical study on land that would support new infrastructure - but that is as far as budget constraints will currently allow them to go. However, American Rescue Plan funding would allow the project to be completed within the next two years adding not only to our capacity, but much needed additional infrastructure such as a back-up generator that would keep water flowing even during power outages. The Vuecrest Storage Upgrade Project is already a Comprehensive Economic Development Strategy (CEDS) List project, and this funding request would complete Phase 1 and Phase 2 (engineering for the storage and booster station). This would allow the PUD to seek additional funding for Phase 3 of the project that would allow construction to begin in late 2022 or early 2023. Vuecrest has a waiting list of 6 property owners and Union Ridge has a waiting list of 2 property owners. Given the real estate boom we're witnessing, we expect these waiting lists to grow in the intervening time - especially as the severity of the problem has only just recently come to light. This infrastructure challenge is becoming a serious bottleneck limiting real estate transactions, construction employment, and tax revenue. In the wake of the pandemic, we appreciate the Commission's commitment to our community, especially those who have experienced COVID-related economic hardships. Sharing these infrastructure funds would provide a much needed post-pandemic economic boost for not just our neighborhoods, but all of Union and Mason County. Thank you for your consideration of our request. Please feel free to reach out to me directly if you have additional questions or would like additional information. Sincerely, Property Owner C-iecI T �. r(e,h e lhA Address ,p — �-�-��; c�4r�sS City, State, Zip �1 0 x 3�� ��►'�� �c Phone Cpo L- � .ty�Qvl-,•rle P : �r -,re ��''�s� Email llr;ar� " A te M,-t kttsk "' Co art CA-✓� fin'. ?� CR Y1 �d ruJ a�►�cQ, ILIO-P�m C►� 7 Cc.,CMMRS Neatherlin, Shutty, Trask MA Clerk 0�e[/�' C� L 411 /YU/<J1-1 Plr/1-1 c,I-t<uVP-I �U| � � `~"� SIIf�LJYJ/Vl�}� Q8��f|4 ^v� � �,� ' Fax 300'427-8437; Voice 30O~427-0078 Ext. 419,-275'4407or482'526y Mason County ComrnissionarS I AM SEEKING APPOINTMENT To Noxious Weed Control Board NAME-.- William Bezanson ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: AREA IN THE COUNTY YOU LIVE) E-MAIL - - ------- --- --_-- - _------ - COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) » »�"s Boeing 5 orn VP Boo,dofM'--'--. 'Shelton----- Senior ��K����� o YR3 Activities Center Advisory Board Area Agency C)nAging POSITION: Mechanic Gidd Industries 5 aro �<�y����� ena yRS Labor POSITION: ' - - - - '- - ' - -- - - - - - |n your words, what du you perceive is the nu|e or purpose of the Bonrd. Committee or Council for which you are applying: Advise Noxious Weed Control, grants from state and Federal a ci o What interests, skills do you wish to offer the Board, Committee, or Council? I've served on Area Agency on Aging boards for almost 15 years, as well as Senior Services Boards for long, I'm familiar with the workings of boards and the rules that govern them. I also oversee a small orchard at 41 E Lighthouse Rd, 60 PFGteGt'GRS fr-em agenGY'S like Nexious weed Gentrol are ffimpWtant tG Me.. Please list any financial, profesaiona|, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict ofinterest) 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 Vo attend such trainings? Yes Realistically, how much time can you give ho this position? Quarterly Monthly Weekly D2dv Office Use Only Appointment Date Signature Tenn Expire Date Cc:CMMRS Neatherlin, 5hutty, I rasK Clerk Uahf , OCCIL l e 0 °pa I 1V rE D lli ",SON COUNTY COV11KISSIONERU 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 Mason County Commissioners I AM SEEKING APPOINTMENT TO -T-9 jt-i4 g /40 t, 1 S&/t-Y 13 v A41-0 NAME: ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: rA— - 44 4r WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: -------------------------------------------------------------- ---- ------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) 0 V k�- c 4.K COMPANY: S a rr c,� l'I 6t ci€ 1 R YRS OUA-'? vic rK'-f POSITION: b>✓1=t c-,A-/2, VUGti -�Trn b A-i t-o rt- 2 026a_,2-i-7rw3 COMPANY.- 'YRS Vre-t 5 L rt„me- -r 5 POSITION: -------------------------------------------------------------- -- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: �D A � 5r5T V(�T5 �E T'V- e-o-u•-rt J"I-- zr SOZL 51r_g -- y-1, a What interests, skills do you wish to offer the Board, Committee, or Council? ga S /4 V Ic T F YZ f--rt rt* o P o c I`yt / 11=r4 rt c..Z /Ji4 c,= .s t,A- L-,+- 1`)_-� n5nrc.-rI.- -tt U,-Arr4srrt -6 '14 A55Isr yr-r 4,r�z44L/tic. wIT74 9C, 6> Y 7-9,P-t !L /5 5 "t-5- 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) N 0 A,, 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? %/r'_ 5 Realistically,how much time can you give to this position? 3-5- H i t5 Quarterly Monthly eekl Daily Office Use Only ----- --- -Z I--'-� Appointment Date Tenn Expire Date : I } I Cc:CMMRS Neatherlin, Shutty, Trask Clerk do { d $ } } i i t 1 y, j C a>� k • dr • dF .o• ij F_ In compliance with RCW 36.7oA.720, the Mason County VSP Work Group developed a Work Plan with the support of Mason Conservation District Staff that received approval on June, 19, 2018. The purpose of this report is to satisfy the requirements of Section (1)(j) wherein a status report of the plan and accomplishments is due to the County and the Washington Conservation Commission within 6o days after the end of each biennium. For Mason County, the end of the second biennia is June 30, 2021 and the Biennial Report is due no later than August 30, 2021. Prepared by: Barbara A.Adkins,AICP Special Programs Manager MASON CONSERVATION DISTRICT (360)427-9436 x104 I Badkins@masoncd.org July 16, 2021 MASON COUNTY'S VOLUNTARY STEWARDSHIP PROGRAM BIENNIAL REPORT STATUS OF PLAN AND ACCOMPLISHMENTS The Work Plan has been implemented throughout this biennial reporting period. The Work Group dynamic, however, has shifted since the completion and adoption of the Work Plan. Membership has dropped off and attendance at regular meetings has become challenging. The first Biennial Report for Mason County's VSP Work Plan was submitted in July of 2019. Eight months after that submission the District office was closed due to the COVID-19 Pandemic and all activities for more than a year were severely restricted until July of 2020. Work Group meetings were forced to be conducted virtually which was not possible for some members, and group discussions and activities all but ceased. During that time, District Staff continued working on data updates as available to obtain a more reliable baseline as well as post-2011 changes. The 5 Year Report was also prepared during the past two years and submitted to the Washington State Conservation Commission as required under the Program.' In that report, the County must assert whether or not it is meeting the goals and benchmarks proposed in its work plan, and provide evidence supporting the assertion for each. District staff and Work Group worked with representatives from the Department of Ecology, Department of Fish and Wildlife, and the State Conservation Commission to prepare and submit the 5 Year Report's information and to utilize the newly created reporting templates.2 The 5 Year Report process requires submission on a schedule dictated by each county's original funding date. For Mason County, the first 5 Year Report was due by November 24, zozo and will continue to be submitted on that date at five year intervals into the future. Once submitted, the State Conservation Commission's Technical Panel reviews the report and provides feedback to the Work Group as well as the Commission's Director as to whether or not they concur with the Work Group's assertion of goal achievement. A public meeting is then scheduled to allow the Director to consult with the Statewide Advisory Committee on the Technical Panel's comments and the Work Group's Report prior making a final determination on the Work Group's assertion of achieving the Work Plan goals. Mason County's public meeting was held on March 11, 2021 during which the Work Group members and District Staff were permitted to ask questions with respect to the comments received, and the Director and Committees engage in an open exchange of information that would assist in the Director's decision making process. On April 6, 2021 the Mason Conservation District received notification 'RCW 36.7oA.720(2)(b)(i)and(c)(i) 2 Mason County VSP Reports July 16, 2021 from the Conservation Commission Director that there was concurrence with Work Group's assertion of Work Plan goal achievement. The Work Group must also must "conduct periodic evaluations, institute adaptive management, and provide a written report of the status of plans and accomplishments to the county and to the Commission"within sixty days after the end of the state of Washington's biennium.3 This Biennial Report is in compliance with that requirement and includes a summary of how the Work Plan's implementation is affecting each of the following:4 1. The protection and enhancement of critical areas within the area where agricultural activities are conducted; 2. The maintenance and improvement of the long-term viability of agriculture; 3. Reducing the conversion of farmland to other uses; 4. The maximization of the use of voluntary incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas; 5. The leveraging of existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals; 6. Ongoing efforts to encourage and foster a spirit of cooperation and partnership among county, tribal, environmental, and agricultural interests to better assure the program success; 7. Ongoing efforts to improve compliance with other laws designed to protect water quality and fish habitat; and 8. A description of efforts showing how relying upon voluntary stewardship practices as the primary method of protecting critical areas and does not require the cessation of agricultural activities. 1. THE PROTECTION AND ENHANCEMENT OF CRITICAL. , ACTIVITIES A. CONDUCTED The Work Plan has moved completely into its implementation phase. Outreach efforts continue, and some have proven more successful than others. However, with the closing of the State of Washington for more than a year due to public health concerns, outreach has been limited to virtual information portals and follow up to citizen requests for site visits were put on hold. Time spent on Plan implementation has been largely devoted to data gathering and monitoring 3 RCW 36.7oA.720(i)(i) 4 Summarized from RCW 36.70A,700(2) July a6, 2021 methods do not require any, or much, human to human contact. Analysis and comparisons of new and old data allowed District staff to begin monitoring efforts. The results of this work were included in the 5 Year Report to illustrate if,and how,the Plans protection and enhancement goals were being met. The 5 Year Report and its review process exposed gaps in data as well as in the District's data gathering techniques. The District, as the technical service provider to Mason County's Work Group, will work more closely with state agency representatives moving into the Plan's future phases to ensure a more comprehensive approach to data collection and more effective evaluation methodologies. Following is a brief breakdown of the Work Plan's goals and benchmarks, and their achievement status. Because VSP reports data on a watershed level, and not parcel by parcel, the goals and benchmarks data is reported for each Water Resource Inventory Area (WRIA) and broken down by critical areas (Critical Aquifer Recharge Areas, wetlands, Fish and Wildlife Habitat, Frequently Flooded Areas, and Geologically Hazardous Areas). In the interest of keeping this report succinct and digestible, this section is a summary of all critical areas within all the WRIAs as they relate to the goals and benchmarks. Goal i — Protect Critical Area Functions and Values on Agricultural Lands at a Watershed Level As They Existed As Of July 22, 2011 Benchmark — Maintain BMP Implementation This benchmark has not been met and adaptive management is proposed. Mason Conservation District maintains a landowner database of agricultural operators served and the services provided. This database is not complete, and the District is in the process of uploading all landowner files into a new tracking system. Files are generally organized by year and therefore chronological comparisons are not accurate at this point. Natural Resources Conservation Service also applies Best Management Practices (BMPs), or conservation practices, in Mason County, however at the time of approval of the Work Plan that data was not available to the District. Total practices reported in the approved Work Plan do not reflect an accurate amount from both sources, and once updated with new information benchmarks can be revised. The District maintains a landowner database that takes inventory of implemented practices throughout the County.The Nature Resources Conservation Service's(NRCS)also applies BMPs in Mason County and data collected on those implemented practices can supplement the District's own database to provide a more comprehensive view of protection and enhancement activities. The NRCS also provides guidance on rating the influences of conservation practices on critical areas utilizing a document entitled Conservation Practice Physical Effects(CPPE)which numerically rates how the practice affects soil, water, air, plants, animals, and humans in order to evaluate its overall effectiveness. This rating system was not included as a method of measuring BMP effectiveness in the adopted Work Plan, but will be incorporated going forward. July i6, zoz1 Benchmark — Maintain Baseline Acreage of Agriculture and Critical Area Interface This benchmark has been met and no adaptive management is necessary or proposed at this time. Utilizing a Geographic Information System (GIS) Geoprocessing Intersect tool, the District was able to provide the total acreage of agriculture activities occurring in the County's critical areas for both 2011 and 2019; then make a comparison of those totals revealing that the baseline of agricultural activities has been maintained, and exceeded in some areas. Utilizing Washington's Department of Fish and Wildlife High Resolution Change Detection, land cover changes were also documented here. The overall changes noted were minimal and do not warrant adaptive management. These changes were generally the result of mapped parcel expansions to include transportation ROWS and parcel boundary adjustments, infill of existing agricultural operations on a single parcel orwith a single property owner,legally expanded agricultural operations,legally converted lands into agricultural use, and addition of existing activities not previously recorded or mapped. Goal z — Enhance Critical Area Function and Values through Voluntary, Incentive Based Measures Benchmark — 5% Annual Increase of BMP Implementation (Based On Averaged Annual Implementation over 5-Year Period of Each BMP throughout the County) This benchmark has not been met and adaptive management has been proposed. The District is in the process of uploading all landowner files into a new tracking system to more accurately reflect their files. BMP numbers as of the date of the approved Work Plan are being revisited and revised for updating and validation purposes. Additionally, new BMP data has been made available from NRCS that will be reflected in pre and post 2011 BMP totals; this will also affect protection and enhancement benchmarks. The District will continue to update the landowner tracking system to obtain more accurate reporting of implemented BMPs and reassess if a 5% increase is reasonable. Benchmark — Reduce Agricultural and Critical Areas Interface to Less Than 2011 Baseline by Maintaining and Reconfiguring Agricultural Activities Away From Those Areas and Utilizing BMPs in Those Areas This benchmark has been met and no adaptive management is being proposed at this time. Reductions in the baseline were reviewed using WDFW's High Resolution Change Detection land cover data and found that most changes were less than '/ acre. Also noted were increases in interface that were the result of mapped parcel expansions to include transportation ROWS and parcel boundary adjustment,and infill of existing agricultural operation on a single parcel or under single ownership. Mason County also updated their FIRMS (Flood Insurance Rating Maps) July 16, 2021 between 2011 and 2019, and existing agricultural properties not previously classified in flood areas in 2011 were re-designated in the update and now counted in 2019. IMPROVEMENT2. THE MAINTENANCE AND OF • OF • The VSP Work Plan has three Goals, the first two address critical area protection and critical area enhancement were agricultural is occurring,with specific benchmarks to measure the Work Plan's success. The third goal looks at the Plan's ability to also maintain the long term viability those agricultural operations while simultaneously increasing activity where feasible. The following goal and benchmarks describes the success of these efforts thus far. Goal 3—Ensure the Viability of Agriculture And Reduce the Conversion of Agricultural Land into Other Uses Benchmark— Maintain Baseline Acreage of Agricultural Activity This benchmark has been met and no adaptive management is necessary or proposed at this time. Agriculture acreage in Mason County has been maintained, and even increased throughout the region in varying percentages. While some specific places were found to have decreased when data was collected, the overall acres within each WRIA have been maintained. Benchmark —Maintain zo» Annual Average Baseline of 7.5 Completed Farm Plans This benchmark has not been met and adaptive management has been proposed. The District maintains a landowner database of agricultural operators served and the services provided. This database is not complete, and the District is in the process of uploading all landowner files into a new tracking system. Original totals for Farm Plans showed an average of 7.5 plans per year, however, more analysis revealed this figure to be inaccurate. New totals are being recalculated for better accuracy moving forward. District will continue to update landowner tracking system to obtain more accurate reporting of Farm Plans on eligible properties. 3. REDUCING THE CONVERSION OF-FARMLANDTO OTHER USES As stated in Goal 3 noted in the previous section, the VSP not only looks at the amount of agricultural acreage over time, but also endeavors to keep what exists as working farm land into the future. Encouraging agricultural operators to maintain a current farm plan is one way of putting a strategy in place that considers the property's physical characteristics and potential challenges, and provides conservation practices that if implemented can keep the farm viable. Tallying agricultural acreages over the monitoring period revealed that while farm locations may be changing, the overall amount of farm land is remaining consistent. However, the number of farm plans (or Individual Stewardship Plans as described in the Work Plan) are relatively low and there is no indication that those number are increasing. Once the District has finished its updating and inventory process, there will be a more accurate baseline from which to assess the actual July 16, 2021 number of farm plans generated per year. Outreach and education on the benefits of having a plan has become a priority under VSP and an area in need of more efforts. 4. THE MAXIMIZATION OF THE USE OF VOLUNTARY INCENTIVE PROGRAMS To ENCOURAGE GOOD RIPARIAN AND ECOSYSTEM STEWARDSHIP AS AN ALTERNATIVE To HISTORIC APPROACHES, USED • PROTECT CRITICAL The VSP Work Plan contains three goals, which have been discussed previously in this report. There is a fourth component, however,to the Program that could actually be considered another goal and is evaluated utilizing some of the benchmarks under the primary goals. Protection of critical areas, enhancement of critical areas, and the maintenance of viable farm activities are the three legs of the program, but without participation by the farming community, one or more of those legs will fail. Participation is the fourth component of the program and it's a common thread running through all three of the Plan's goals. The following benchmarks,found in Goals 1 and z of the Work Plan, are intended to measure levels of voluntary participation by agricultural operators in Mason County. Benchmark— Maintain 7.5 completed farm plans (Individual Stewardship Plans) per year This benchmark has been discussed in earlier sections as not being met. After recalculating the number of actually farm plans completed per year the totals proved to be much less. The District will continue to update its landowner database and better project participation goals. Benchmark— Maintain outreach to all operators annually This benchmark has no metrics for monitoring. However,there are a list of accomplishments the District has made during implementation of the Work Plan that would indicate this benchmark has been met up to this point. These include: • Creating and posting VSP Landowner Survey Online • Creating a VSP information page on the District's website • Several noted site visits to local agricultural operations • 236 VSP Postcards mailed out to Agricultural operators countywide • Promotion of VSP at County's annual OysterFest event • Participation by VSP Coordinator in other advisory groups to provide program updates • Held a drawing for a free gift in exchange for completing VSP survey • Presentation of the Program at a citizens group • Ongoing communications with County officials Benchmark— Return rate of 15 ISP checklists per year An ISP Checklist refers to the online survey. An ISP, or Individual Stewardship Plan, is VSP's title for farm plans. It is a plan generally prepared by a conservation district that describes a farm's physical characteristics as well as crops and livestock, together with any resource concerns or challenges. The plan gives the property owner a strategy to follow that will allow them to July 16, 2021 maximize use of the land as a viable farm while protecting the resources on or around it. An ISP checklist, or survey, is a way for the District to inventory individuals with or without current Farm Plans who would like to learn more about the types of conservation practices that would benefit their property and operation. From the survey, the District can begin outreach and obtain eventual participation. A return rate of 15 surveys was an educated guess made by the District since there was no historical reference from which to make a prediction. There were only eight surveys received, making the benchmark unmet. Surveys in the recent were completed on line from the District's website. The District is re-evaluating its methods for obtaining completed surveys to something more proactive. Benchmark— Increase annual number of Farm Plans (Individual Stewardship Plans)to 16 The original benchmark discussed earlier was to maintain a baseline of 7.5 farm plans per year. This was not met and the District is working toward using a more accurate baseline for annual farm plans. To increase the annual number of plans to 16 was an optimistic projection that the number of farm plans would more than double under the programs new promotion. However, neither of these benchmarks were met and thus the District must now adaptively manage participation strategies. Benchmark— Increase annual operator participation levels by 50% Benchmark— Return rate of 23 ISP checklists per year As previously discussed, there are no specific metrics for measuring levels of participation other than by the number of farm plans created and the number of surveys received. The baseline for both farm plans and surveys were miscalculated and over projected, leaving those benchmarks as well as those listed in this section as unmet. COUNTIES5. THE LEVERAGING OF EXISTING RESOURCES By RELYING UPON EXISTING WORK AND PLANS IN •CAL WATERSHEDS, As WELL As ExiSTING STATE AND FEDERAL PROGRAMS To THE MAXIMUM EXTENT PRACTICABLE To ACHIEVE PROGRAM GOALS The Work Plan includes a regulatory backstop for geographically hazardous areas and frequently flooded areas leaving the County's resource regulations in place and fully enforceable for those critical areas where agricultural activities occur. The District continued to collect data for each of these critical areas so they could be monitored for overall protection and to determine if enforcement measures are successful. Protection and enhancement goals have been applied to geologically hazardous areas and frequently flooded area, and the overall success of regulatory backstops in those areas can be found in conclusions drawn in earlier sections. 6. ONGOING EFFORTS To ENCOURAGE AND FOSTER A SPIRIT OF COOPERATION AND PARTNERSHIP AMONG COUNTY, TRIBAL, ENVIRONMENTAL, AND AGRICULTURAL INTERESTS TO BETTER ASSURE THE PROGRAM District Staff and Work Group members participate in a variety of different organizations and associations that afford additional opportunities to share information about VSP to the public as July i6, zo21 well as other agencies equally interested in both agricultural and resource protection. Many of these organizations have tribal participation. While the tribes in Mason County have maintained their position to not participate in VSP, information is still shared with each Tribe and lines of communication remain open for discussion. WATER7. ONGOING EFFORTS TO IMPROVE COMPLIANCE WITH OTHER LAWS DESIGNED To PROTECT QUALITY The District's continued partnership with County officials facilitates the exchange of information necessary to inform property owners of the flexibility of VSP and the regulatory backstops that remain in place. Additionally, the District serving as a Technical Assistance provider ensures that every effort will be made to recommend responsible practices for resource protection. The District has historically and consistently collaborated efforts and interests with other resource protection agencies to share data and monitor for compliance and protection, maintaining it's a solid role protecting water quality and fish habitat. 8. A DESCRIPTION OF EFFORTS SHOWING How RELYING UPON VOLUNTARY STEWARDSHIP PRACTICES As THE PRIMARY METHOD OF PROTECTING CRITICAL AREAS AND DOES NOT REQUIRE THE CESSATIONOF - It is the function of a conservation district to provide technical assistance to the public, and to offer whatever services are available under its particular organizational model. The Mason Conservation District's ability to serve the public is within the confines of the grants it receives, and there are a few, such as the one funding the VSP, that allow staff to respond to landowner requests as well as organize promotional events. Every site visitor festival booth or workshop is an opportunity to connect with landowner and operators, and the conversation is started. Most often,the District is able to provide individuals with information specific to their unique landscape and agricultural ideas. Brochures and flyers on what types of assistance the District provides are always made available, and when site visits are made District staff take materials specific to the individual's interests. This includes funding resource guidance as well as information on conservation practices to achieve their goals and protect natural resources. These exchanges of information, or conversations, give the District its opening to educate the public on how agricultural and critical areas can coexist and even thrive when conservation practices are successfully applied. The participation metrics earlier described can serve as performance measures on this District's efforts under the VSP. July 16, 2021 Cc:CMMRS N�ey Iatherlin, Shutty, Trask STATE o� Clerk "rrz t je(',rk"d � ujpS , P o � w� r x 0 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 •360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 July 23, 2021 Mason County Board of Commissioners Mason County Board of Commissioners 411 N 5th St. Shelton, WA 98584 RE: 2020 Wastewater Treatment Plant Outstanding Performance Awards Dear Commissioners: Congratulations! The Rustlewood Wastewater Treatment Plant is receiving the 2020 "Wastewater Treatment Plant Outstanding Performance" award. Of approximately 300 wastewater treatment plants statewide, yours is one of 125 that achieved full compliance with its National Pollutant Discharge Elimination System (NPDES)permit in 2020. My staff evaluated wastewater treatment plants in Washington for compliance with the effluent limits, monitoring and reporting requirements, spill prevention planning, pretreatment, and overall operational demands of the NPDES permit. This is the second consecutive year the Rustlewood Wastewater Treatment Plant received this award. Your excellent record is a credit to the dedicated operators who are responsible for running this award-winning plant. It takes diligent operators and a strong management team, working effectively together, to achieve this high level of compliance. It is not easy to operate a wastewater treatment plant 24 hours a day, 365 days a year, without violations. Operators faced unprecedented challenges in 2020 and used impressive creativity and shared expertise to manage wipes, glovc;s, and masks clogging pipes and pumps, and numerous other challenges. Ecology appreciates the extraordinary level of effort your plant operators demonstrated throughout 2020. Talented and proficient operators are critical to successful plant operations and protecting the health of Washington's waters. We will announce the 2020 award recipients, including the Rustlewood Wastewater Treatment Plant, in the coming weeks. ® 18 IL STATg pA b 9 r a � "s 2 :l Mason County Board of Commissionff�TE OF WASHINGTON July 23, 2021 DEPARTMENT OF ECOLOGY Page 2 PO Box 47600 . Olympia, WA 98504-7600 . 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 Please contact Dainis Kleinbergs at 360-407-7050 or dainis.kleinbergs@ecy.wa.gov if you have any questions or comments about your award. Thank you for the excellent service your operators provide to your community and the waters of Washington. Sincerely, Vincent McGowan, P.E. Water Quality Program Manager ®a` >18 i�/� Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda Public Hearing Other XXX DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # 'I - (Commissioner staff to complete) BRIEFING DATE: June 14, 2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Certificates of Appreciation for"COVID-19 Pandemic Volunteers" BACKGROUND: The COVID-19 Pandemic Area Command response started March 16, 2020. From the very beginning we knew this pandemic was going to take a toll on the local businesses and community. "Mason County Strong" became our community's motto and we lived up to it. We had community members volunteering many hours of service to our community response efforts from the very beginning. We had community members volunteering with expertise and knowledge of organizational skills, logistics and medical training to assist with our County's response to this pandemic. In particular, the support with numerous vaccine clinics held both in Belfair and Shelton. From directing traffic, handing out literature, collecting paperwork, giving vaccinations, volunteers were involved. Behind every successfully organized event there is an extraordinary volunteer team. It is with our deepest gratitude for your commitment to serve, that we thank you on behalf of Mason County Board of County Commissioners, Public Health Department and Division of Emergency Management. This response couldn't have been as successful without your involvement. Thank you so much for volunteering. BUDGET IMPACTS: "Volunteers are Priceless" RECOMMENDED ACTION: Certificates of Appreciation to the Mason County COVID-19 registered volunteers (97) BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of July 19,2021 Monday,July 19,2021 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty and Trask met in Executive Session via Zoom from 9:02 a.m. to 9:12 a.m. for potential litigation. Also in attendance was Tim Whitehead,Nichole Wilston, 9:15 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Diane presented the status of implementing Gov QA software for public records management. The goal is to have the software implemented by end of August and there will be staff training. • The Board is good with the draft August 2 Elected Official/Director meeting agenda. • Ross presented the scope of work for a contract with Bob Droll for an update to Parks& Recreation Comprehensive Plan. The contract will be placed on the agenda for approval. • Jenn presented the June financial statements. Revenues received are at 57%of budget; expenditures are on track with what was budgeted;Current Expense cash is at$20,177,883. • Dawn presented updates to the Personnel Policies and the resolution will be placed on the agenda. Commissioners asked that the WA State Long Term Care Trust Act be added to the August 2 Elected Official/Director meeting agenda. • Frank has distributed a draft RFP for a lobbyist and that will be briefed next week. • Next week an executive session will be scheduled to discuss the potential purchase of two parcels. • Jenn reported the Belfair Sewer budget needs to be amended and Cmmr Shutty noted that OPD may also need an adjustment. 9:45 A.M. Community Services—Dave Windom Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Lydia requested permission to develop a Request for Proposals(RFP)for a housing market study which was approved. • Kell requested permission to appoint Terri Arcieri to the Planning Advisory Commission to fill the "at-large"position. • Kell reviewed the contract amendment and extension for the Planned Action EIS for Belfair that is on tomorrow's agenda. • Consolidated Contract Amendment 22 that provides additional funding will be placed on the August 3 agenda. • Dave reviewed various calendar items. 10:10 A.M. The Board took a 5-minute break. 10:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Permission granted to set a public hearing to consider the franchise agreement application for the Clifton Pebble Beach Water District. 10:45 A.M. Sheriffs Office—Sheryl Hilt Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Request to amend the Memorandum of Understanding(MOU)with the Squaxin Island Tribe. The amendment will allow the MCSO to jointly refer criminal matters to the parties'prosecutors and the Tribal prosecutor and the County's prosecutor confer to determine which jurisdiction is best suited to prosecute. The amendment was approved to place on the agenda. • Sheryl presented a revised fee schedule for the Sheriffs office that includes tying the mileage reimbursement rate to the GSA rate and to not process refunds less than$5. The Commissioners Board of Mason County Commissioners' Briefing Meeting Minutes July 19,2021 are good with the revised scheduled and asked Sheryl to confirm with legal that the County has the authority to not process refunds less than$5. The Commissioners took a 15-minute break. 11:00 A.M. Economic Development Council—Jennifer Baria Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Request for$500K for a grant program funded with ARPA funds to assist small businesses that have been impacted by this outbreak.EDC will take on the development,process,scoring,and administration of this program. • Jennifer talked about infrastructure needs to allow for business expansion such as power and water. • Jennifer offered to provide additional information on the CEDS project list such as project readiness. The meeting adjourned at 11:13 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner l!le�-K 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: August 3, 2021 Agenda Item # 8 1 (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 # 8081895-8082101 $ 645,488.30 Direct Deposit Fund Warrant # 79364-79766 $ 823,846.46 Salary Clearing Fund Warrant #7006060-7006082 $ 540,779.09 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 $ 23,280,870.02 Direct Deposit YTD Total $ 10,673,652.57 Salary Clearing YTD Total $ 10,607,040.44 Approval of Treasure Electronic Remittances YTD Total $ 14,637,611.16 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8081895-8082101 $ 645,488.30 Direct Deposit Fund Warrant # 79364-79766 $ 823,946.46 Salary Clearing Fund Warrant # 7006060-7006082 $ 540,779.09 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks &Trails Department EXT: 806 COMMISSION MEETING DATE: 08-03-2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 08-02-2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Addition of Reid Yamasato with Shelly Warren as the MCRA Park Hosts. BACKGROUND: Mason County Parks &Trails Department has Shelly Warren as the park host for MCRA Park. Her significant other has joined her at the residence and needs to be added to the MCRA Park Host contract. In the past, Reid Yamasato has been a park host and seasonal worker for Mason County Parks and has done a fantastic job. The revised Park Host contract for Reid Yamasato started July 19, 2021 and expires the same date as Shelly Warren's contract, December 31, 2022. BUDGET IMPACTS: None RECOMMENDED ACTION: I recommend that the BOCC approval the addition of Reid Yamasato to the MCRA Park Host contract. Add contract to August 3, 2021 BOCC Meeting. ATTACHMENT(S): Template of MCRA County Park Host contract H:\Parks and Trails\Parks\Caretaker-Park Hosts\202I Tommission Agenda Item Summary 12-08- 2020.doc Park Host Contract Page 1 of 3 Contract# 20-118 Revised MASON COUNTY PARKS AND TRAILS On-site Park Host CONTRACTUAL AGREEMENT (Revised — Additional Park Host) AGREEMENT made between Reid Yamasato , of Mason County, hereinafter referred to as On-site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of Washington, hereinafter referred to as Contractor. RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and conditions as may be set forth hereinafter. SECTION ONE—DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS AND TRAILS DEPARTMENT, Mason County Recreation Area (MCRA), Shelton, Washington. The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require: ♦ Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday, Sunday and Holidays. Time off during the week is allowable, please notify the contractor. ♦ Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are shut and locked, and all guests are off the grounds. ♦ Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park facilities. ♦ Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick-up, and other duties as assigned. ♦ Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but under no condition or situation will attempt to apprehend the person(s) so acting. ♦ Requests for off duty time shall be negotiated with the Contractor. ♦ Park Host is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. Ross McDowell 360-427-9670, extension 806 Cell: 360-490-7646 Home: 360-751-2961 2. Carl Olson 360-427-9670, extension 535 Cell: 360-490-0539 Home: 360-432-0465 OR Emergency: 911 Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the orders, advice and direction of related services and duties as may be assigned to him/her from time to time by Contractor, subject to mutual consideration of Section Three. SECTION TWO -TERMS. The term of this agreement shall be from July 19, 2021 to December 31, 2022. Park Host Contract Page 2 of 3 Contract# 20-118 Revised SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host, and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage service. SECTION FOUR— PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance coverage on the Park Host. SECTION FIVE—CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat, orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or appliances, tires or any other like materials. No services or activities shall be undertaken on Mason County Parks Property which result in compensation or benefit to the Park Host. There shall be no unauthorized or private use of park. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host shall be undertaken or allowed to take place on or about the park properties or Park Host residence. Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of work approved by the County. Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependants of the Contractor. SECTION SIX- CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to resolve the conflict, Mason County Parks and Trails Director must be notified. SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County SECTION EIGHT- ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the mutual agreement of both the Contractor and the Park Host, and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modification or change. SECTION TEN -TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required duties, the County may terminate employment immediately, with compensation only to the date of such termination. SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such provisions were not contained herein. SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the Park Host Contract Page 3 of 3 Contract# 20-118 Revised laws of the State of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN -TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall, during the term hereof, become permanently disabled, as the term permanently disabled is hereinafter fixed and defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to him/her at(_P 0 Box 1243, Shelton, WA 98584 ) or at such other address as Contractor shall designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally herein set forth as the termination date thereof. For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof, the term any year of the term hereof, is defined to mean any 12-month calendar year period during the Park Host's affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host. SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County Accident Prevention Policy and the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the day of , 20 ON-SITE PARK HOST Reid Yamasato BOARD OF MASON COUNTY COMMISSIONERS Date: ATTEST: Randy Neatherlin, Commissioner McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief Deputy Prosecutor Attachment A MCRA Park Host Duties The following duties will be performed by the MCRA Attendant as part of the contracted agreement for living quarters and other amenities as described in the contract: 1. Unlock and lock park gates each day in accordance with park schedule. 2. Provide security and rule enforcement at Mason County Recreation Area. 3. Each night, close and secure the batting cage facility. On occasion that park staff are not present, open and prepare batting cage facility for operation. During the absence of parks staff personnel, monitor and troubleshoot operation of batting cage facility. 4. Conduct a litter patrol and clean-up of all fields (including dug outs, bleacher areas) and the park interior and parking lot on a daily basis throughout the entire year. Empty garbage cans, reline cans and transport garbage to dump canister located in parking lot. 5. Clean and stock restrooms on a daily basis. 6. Clean the MCRA Office area on a weekly basis. Duties shall include mopping of office and break room areas, dusting and cleaning table tops and window sills, emptying trash containers and providing new liners. 7. Meet on a weekly basis with the Parks Office or Facilities Coordinator to review the weekly schedule of events. 8. Attendant is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. Carl Olson Work: 360-427-9670, extension 535 Cell: 360-490-0669 2. Mason County Sheriff: 360-427-9671 Emergency: 911 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners 8-3 From: Marissa Watson Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services - Planning Ext: 367 Date: August 3, 2021 Agenda Item # (Commissioner Staff To Complete) Briefing Date: July 26, zozs Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing for August 31, 2021 at 915a to consider request to rezone three parcels (32007-14-90024, 32007-14-90021, & 32007-14-90034) from Neighborhood Residential (NR) to Commercial Industrial (CI). These parcels are in the Shelton UGA. This does not require an amendment to the Future Land Use Map. BACKGROUND: Three parcels currently zoned Neighborhood Residential are proposed for rezone to Commercial Industrial. The parcels are adjacent, on the west and north side, to existing Commercial Industrial zoned parcels that stretch out along the E Johns Prairie Rd for approximately 2 miles. Parcel 32007-14-90024 is partially encumbered by power lines and a BPA access road. Parcel 32007-14-90034 is bordered by an undeveloped parcel zoned Neighborhood Residential and all three parcels are separated from additional NR zoned parcels to the north by East Hiawatha Boulevard. The city limits border the parcels (32007-14-90021 and 32007-14-90034) to the south with a large undeveloped, approximately 82 acre, parcel owned by the Manke family. The adjacent undeveloped parcel to the east, zoned Neighborhood Residential, is still treed. The requested rezone is meant to provide the Hiawatha Corp. potential lot area to expand the business. At their July 19, 2021 meeting, the Planning Advisory Commission voted to approve the recommendation to the Board of County Commissioners to rezone the parcels from Neighborhood Residential (NR) to Commercial Industrial (CI) with the caveat that there was a binding restriction that access must be off of John's Prairie and that the visual and noise buffering required in the Shelton UGA development regulations be adhered to. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing for August 31, 2021 at 915 a.m. to consider the rezone request. ATTACHMENT(S): Notice of Hearing 7/27/2021 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, August 31, 2021, at 9 A.M. SAID HEARING will be to consider adopting the following amendments: • Request to rezone three parcels (32007-14-90024, 32007-14-90021, & 32007- 14-90034) from Neighborhood Residential (NR) to Commercial Industrial (CI). These parcels are in the Shelton UGA. This does not require an amendment to the Future Land Use Map. If you have questions, please contact Marissa Watson (360) 427-9670, Ext. 367. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 3rd day of August 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: August 12 and 19, 2021 (Bill: Community Development—615 W. Alder, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners BA From: Marissa Watson Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services - Planning Ext: 367 Date: August 3, 2021 Agenda Item # (Commissioner Staff To Complete) Briefing Date: July 26, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing for August 31, 2021 at 915a to consider correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel 32026-10-90021 (1 acre) from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). BACKGROUND: Originally this request was thought to be an official rezone for parcel 32026-10-90021 from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). But on further research of the working maps from the mid 90s, the excel spreadsheets for all the County parcels, and a short plat recorded in 1989 (#1856), it was found that the request qualified as a correction to the development areas (zoning) maps. This parcel is in the Rural Development Areas. This does not require an amendment to the Future Land Use Map. The intention of the applicant is to build a single family residence on the 1 acre. At their July 19, 2021 meeting, the Planning Advisory Commission voted to approve the recommendation to the Board of County Commissioners to correct the Development Areas (Zoning) map. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on August 31, 2021 at 915 a.m. to consider the map correction. ATTACHMENT(S): Notice of Hearing 7/27/2021 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, August 31, 2021, at 9 A.M. SAID HEARING will be to consider adopting the following amendments: • Correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel 32026-10-90021 (1 acre) from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). If you have questions, please contact Marissa Watson (360) 427-9670, Ext. 367. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 3rd day of August 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: August 12 and 19, 2021 (Bill: Community Development—615 W. Alder, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jim Madsen, Chief Court Administrator Action Agenda _X_ Public Hearing Other DEPARTMENT: Juvenile Court Services EXT: 206/332 DATE: 8/3/21 Agenda Item # 6' Commissioner staff to complete) BRIEFING DATE: 7/12/21 BRIEFING PRESENTED BY: Jim Madsen [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Juvenile Detention Alternatives Initiative (JDAI) grant contract SFY 2022 and 2023 Background: The Juvenile Detention Alternatives Initiative is a nationwide effort created by the Annie E. Casey Foundation to reduce the use of detention and increase the use of more effective interventions. Mason County has been a JDAI site since 2009 and receives a yearly grant to help support the efforts. These grant funds enable the county to provide staff support and create and implement alternative programming in lieu of detention. There are no matching funds requirements for this grant. RECOMMENDED ACTION: Approval to: Approve and sign the JDAI Implementation County Program Agreement — DCYF Agreement Number 2163-23920 and DCYF and County Agreement on General Terms and Conditions — DCYF Contract Number 2183-22425 for SFY's 2022 and 2023 for a maximum agreement amount of $49,000. Attachment(s): DCYF and County Agreement on General Terms and Conditions — DCYF Contract Number 2183-22425 and County Program Agreement — JDAI Implementation — DCYF Agreement Number 2163-23920. DCYF Agreement Number COUNTY PROGRAM AGREEMENT 2163-23920 -- JDAIImplementation This Program Agreement is by and between the State of Washington Administration or Division Department of Children, Youth & Families (DCYF) and the County identified Agreement Number below, and is issued in conjunction with a County and DCYF Agreement On 1-501-00621 General Terms and Conditions, which is incorporated by reference. County Agreement Number DCYF ADMINISTRATION DCYF DIVISION DCYF INDEX NUMBER DCYF CONTRACT CODE Department of Children, Youth, Children, Youth and Families 1229 2000CC-63 and Families DCYF CONTACT NAME AND TITLE DCYF CONTACT ADDRESS Jenny Young 1115 Washington St SE Program Coordinator Olympia, WA 98504-5828 DCYF CONTACT TELEPHONE DCYF CONTACT FAX DCYF CONTACT E-MAIL (360)522-2320 Click here to enter text. jenny.young@dcyf.wa.gov COUNTY NAME COUNTY ADDRESS Mason County Mason County Juvenile Court PO Box 368 Shelton, WA 98584 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Jim Madsen COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL (360)427-9670 1 1 jamesma@co.mason.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2021 06/30/2023 $49,000.00 EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ❑ Exhibits (specify): No Data Security Exhibit , Exhibit A: Statement of Work, Exhibit B: Approved Budget ❑ No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon signature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Pagel Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "DCYF" means the Department of Children, Youth, and Families. b. "OJJ" means the Office of Juvenile Justice under the DCYF. c. "JDAI" means the Juvenile Detention Alternatives Initiative that the Washington State Partnership Council on Juvenile Justice, in partnership with eight county juvenile courts has adopted as a detention reform and system improvement initiative. d. "JCK means Juvenile Court Administrator. 2. Purpose. To provide funding to the eight JDAI jurisdictions in the state in order to support their implementation of the JDAI Core Strategies. 3. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Exhibit A: Statement of Work— JDAI Implementation, attached and incorporated by reference herein. 4. Approved Budget. Contractor's Budget for providing services under this Contract is attached as Exhibit B. 5. Background Checks and Sexual Misconduct. Contractors and each of their employees, subcontractors and/or volunteers, who may have unsupervised access to clients, shall have a cleared and approved current criminal history and background check. 6. Billing and Payment: a. The Contractor shall submit a Financial Report Form, (format to be provided by OJJ), to the assigned Contract Manager on a monthly or quarterly basis depending on the Contractor's preference. Financial Reports may not be submitted for any period less than one month or more than three months. b. The Contractor's Financial Report Form shall be submitted no later than 15 days past the last day of the month, in which services were provided. c. DCYF shall pay the Contractor upon acceptance of a properly completed Financial Report. d. Payment shall be considered timely if made by DCYF within 30 days after the receipt of the properly completed invoice. e. Payment shall be sent to the Contractor's address on page one of this Contract. f. The Contractor accepts the DCYF payment as the sole and complete payment for the services provided under this contract. g. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or are not provided in accordance with this "Statement of Work." If DCYF pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be considered to be an overpayment. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 2 Special Terms and Conditions h. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and provided through the date of termination. 7. Prohibition of Use of Funds for Lobbying Activities. The Contractor shall not use funds payable under the Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract, at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as may be provided by law. 8. Administrative Records. The Contractor shall retain all fiscal records that substantiate all costs charged to DCYF under this Contract. 9. Resolution of Differences. In the event of any differences between the parties on matters related to the interpretation and implementation of this Contract, the parties shall first attempt to resolve the difference informally between themselves at the local or regional level, by following the regional conflict resolution process. If the parties are unable to resolve their difference as stated above, then either party may submit a request for dispute resolution as provided in the section, Disputes below. 10. Disputes. a. Either party who has a dispute concerning this Contract may submit a written request for dispute resolution. The amount of any rate set by law, regulation, or DCYF policy is not disputable. A party's written request for dispute resolution must include: (1) A statement identifying the issue(s) in dispute; and (2) Contractor's name, address and contract number. b. The request must be mailed to the following address within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue, which is disputed. c. A copy of the current DCYF's dispute resolution process is available at any time by written request. d. Requests for dispute resolution or for a copy of the current DCYF's dispute resolution process should be sent to: Department of Children, Youth & Families Attention Contracts Unit P.O. Box 40983 Olympia, WA 98504-0983 e. This dispute resolution process is the sole administrative remedy available under this Contract. 11. Quality and Outcome Measures (Performance Based Contracting). Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by RCW 43.216.015. The purpose of this change is to help Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 3 Special Terms and Conditions achieve DCYF's long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity. a. DCYF Outcome Goals for Children, Youth, and Families supported by Office of Juvenile Justice contracts include: (1) Youth will experience an increase in school engagement. (2) High School Graduation rates are increased (3) Youth development will be supported and not hindered through program and system implementation (4) Youth Mental/Health will improve as a result of programs provided by contractors b. OJJ Client Service Contract QUALITY Metrics: Contractor Level (1) Contractor is required to submit quarter reports on time & accurately. Failure to do so will result in invoiced held for payment until reports are received. c. OJJ Client Service Contract OUTCOME Metrics: System Level (1) The system will work to identify and add programs to the WISPP EBP list of best practices and promising programs. OJJ will add at least one program every 3 years to the WISPP EBP list to support better practices for youth and families served. Failure to do so result in OJJ identifying additional funding to achieve the above mentioned target. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 4 Special Terms and Conditions Exhibit A—STATEMENT OF WORK Mason County JDAI Implementation 1. Contractor Obligations: Mason County Juvenile Court shall: a. Work to achieve the goals outlined in the submitted Implementation Plan; incorporated by reference herein: (1) Increase protective factors and prosocial behavior by rewarding positive behavior goals: a) JCA and Local JDAI Coordinator to finalize the Incentive-Based Probation Program. b) Present to the Prosecutor's Office, Office of Public Defense, and Superior Court Judges for approval. c) Prior to implementation, establish a data tracking process and system in order to monitor effectiveness. (2) Reduce overrepresentation of youth of color in the Mason Co. Juvenile Court System: a) Increase staff awareness and knowledge of racial and ethnic equity. b) Ensure that 90% of staff attend the Cultures Connecting Training coordinated by the JDAI State Steering Committee. c) Increase staff awareness and competence about sexual orientation, gender identity, and gender expression. d) Ensure staff are able to participate in the "Understanding Gender: Working with Transgender and Gender Nonconforming Youth" training. b. Complete and submit the following Quarterly Data Report: Admissions to Detention by the 15tn of each month following the end of the quarter. 2. JDAI Quality Assurance Requirements: Mason Counties Juvenile Court shall: a. Participate in monthly one-on-one conference calls with the JDAI State Coordinator; b. Participate in quarterly Local JDAI Site Coordinator Conference Calls; and c. Attend and participate in the JDAI State Steering Committee Meetings. The Office of Juvenile Justice shall: a. Provide technical support to the Contractor upon request. b. Conduct at least two in person site visits if COVID restrictions and DCYF Agency protocol allow. 3. Deliverables: The Deliverables include the following reports due to the JDAI State Coordinator per the due dates outlined below. a. Quarterly Progress Reports (aka: Stoplight Report) by the 15th of the month following the end of the quarter: October 15tn, In 15tn, April 15tn, and July 15tn b. Quarterly Data Reports (identified in Sec. 1.b.) by the 15th of the month following the end of the quarter; and Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 5 Special Terms and Conditions c. Financial Reports to be submitted on a quarterly basis (October 15tn, January 151n, April 15tn, and July 1511) at a minimum; however, monthly submissions are also acceptable. d. Annual Results Report due by March 15'n, 2022 for the 2021 Calendar Year and by March 15tn 2023 for the 2022 Calendar Year. 4. Consideration: The total maximum consideration payable to the Contractor for satisfactory performance of the work under this Contract is $24,500 (Fiscal Year 1) and $24,500 (Fiscal Year 2) for activities occurring between July 1, 2021 and June 30, 2023 including any and all expenses, and shall be based upon Exhibit B: JDAI Site Implementation Budget, attached and incorporated by reference herein. All quarterly data reports and progress reports must be received prior to payment of invoices submitted to the JDAI State Coordinator. Invoices submitted without quarterly data reports and progress reports will be held until required reports are submitted. All grant funds for Fiscal Year 1 must be expended by June 30, 2022. All grant funds for Fiscal Year 2 must be expended by June 30, 2023. No unspent funding from the Fiscal Year 1 Budget may be carried over into the Fiscal Year 2 Budget. Up to 10% of the total budget may be moved between the line items or categories without an amendment with prior written approval from the OJJ Deputy Director or designated Contracts Manager. Contractor shall provide a written request for any changes and an updated budget proposal when needed. Any budget amendments over 10% must obtain an approved contract amendment and updated approved budget prior to any expenditures being made. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 6 Special Terms and Conditions Exhibit B—APPROVED BUDGET: Year 1 & Year 2 Mason County JDAI Implementation APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 Department of Children, Youth and Families GRANT FUND DATE: AWARD SOURCE: 1500 Jefferson Ave., CONTRACT#: Olympia,WA 98501 1-501-00621 State 7/1/2021 Proviso PROJECT JDAllmplementation: TITLE: Year 1 PROJECT 7/1/2021 to 6/30/2022 PERIOD: This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $20,500 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- $0.00 0.00% KIND MATCH OTHER SERVICES $1,500 PROJECT INCOME $0.00 0.00% AND CHARGES EQUIPMENT $300.00 OTHER FUNDS $24,500 100.0% CAPITAL/OUTLAY TRAVEL $700 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $24,500 TOTAL PROJECT $24,500 100% FUNDS SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Paula Thale, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Jim Madsen, 360-427-9670 ext. 332 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 15, 2021 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 7 Special Terms and Conditions APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANT FUND DATE: Department of Children, Youth and Families AWARD SOURCE: 1500 Jefferson Ave., Olympia,WA 98501 CONTRACT#: 1-501-00621 State 7/1/2021 Proviso PROJECT JDAIImplementation: TITLE: Year 2 PROJECT 7/1/2022 to 6/30/2023 PERIOD: This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $20,200 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- $0.00 0.00% KIND MATCH OTHER SERVICES $1,500 PROJECT INCOME $0.00 0.00% AND CHARGES EQUIPMENT $300.00 OTHER FUNDS $24,500 100.0% CAPITAL/OUTLAY TRAVEL $1,000 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $24,500 TOTAL PROJECT $24,500 100% FUNDS SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Paula Thale, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Jim Madsen, 360-427-9670 ext. 332 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 15, 2022 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 8 DCYF and COUNTY DCYF Contract Number b f AGREEMENT ON GENERAL 2183-22425 = TERMS AND CONDITIONS These General Terms and Conditions are between the state of Washington County Contract Number Department of Children Youth & Families(DCYF) and the County identified below. These General Terms and Conditions govern work to be performed under any Program Agreement between the parties. These General Terms and Conditions supersede and replace any previously executed General Terms and Conditions as of the start date below. TERM OF AGREEMENT: The term of this Agreement on General Terms and Conditions shall start and end on the following dates, unless terminated sooner as provided herein. START DATE: 07/01/2021 END DATE: 06/30/2022 COUNTY NAME DCYF INDEX NUMBER Mason County 1229 COUNTYADDRESS PO Box 368 Shelton, WA 98584 COUNTYTELEPHONE COUNTYFAX (360) 427-9670 DCYF CONTRACTS DEPARTMENT ADDRESS DCYF CONTRACTS DEPARTMENT TELEPHONE DCYF CONTRACTS DEPARTMENT (360)688-6803 PO Box 40983 Olympia, WA 98504-0983 By their signatures below, the parties agree to this Agreement on General Terms and Conditions. COUNTY SIGNATURE(S) DATE(S) PRINTED NAME(S)AND TITLE(S) TELEPHONE NUMBER (INCLUDE AREA CODE) DCYF SIGNATURE DATE PRINTED NAME AND TITLE TELEPHONE NUMBER (INCLUDE AREA CODE) Department of Children,Youth&Families 2081CF County Agreement-General Terms and Conditions(8-1-2019) Page 1 DCYF/County General Terms & Conditions 1. Definitions. The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. "Agreement" means this Department of Children Youth & Families (DCYF) County Agreement on General Terms and Conditions and any exhibits and other documents attached or incorporated by reference. Unless plainly inconsistent with context, the term "Agreement" includes and refers to all such agreements collectively. b. "CFR" means the Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. c. "County" means the political subdivision of the state of Washington named above performing services pursuant to this Agreement and any Program Agreement. d. "County Representative" means an individual in the position of County Manager, County Administrator, County Executive, or other similar position which reports to the highest governing body responsible for the subject matter of the Agreement or applicable Program Agreement(s). e. DCYF Contracts Administrator" means the individual in the DCYF Contracts Department with oversight authority for the Department of Children Youth & Families statewide agency contracting procedures, or their appropriate designee. f. "DCYF Contracts Department" means the Department of Children Youth & Families statewide agency headquarters contracting office, or successor section or office. g. "DCYF Representative" means any DCYF employee who has been delegated contract- signing authority by the DCYF Secretary or his/her designee. h. "Department of Children, Youth & Families" or"DCYF" means the Washington agency devoted exclusively to serve and support Washington state's youth and their families. i. "Debarment"means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. j. "General Terms and Conditions"means the contractual provisions contained within this Agreement,which govern the contractual relationship between DCYF and the County, under the Program Agreements subsidiary to and incorporating therein by reference this Agreement. k. "Program Agreement"or"County Program Agreement" means a written agreement between DCYF and the County containing special terms and conditions, including a statement of work to be performed by the County and payment to be made by DCYF. This term may also refer to an agreement between DCYF and the County, which was transferred to DCYF by operation of law. I. "RCW" means the Revised Code of Washington. All references in this Agreement and any Program Agreement to RCW chapters or sections shall include any successor, amended, or replacement statute. Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 2 DCYF/County General Terms & Conditions m. "Secretary" means the individual appointed by the Governor, State of Washington, as the head of DCYF, or his/her designee. n. "Subcontract" means a separate Agreement between the County and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the County shall perform pursuant to any Program Agreement. o. "USC" means the United States Code. All references in this Agreement and any Program Agreement to USC chapters or sections shall include any successor, amended, or replacement statute. p. "WAC" means the Washington Administrative Code. All references in this Agreement and any Program Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. 2. Amendment. This Agreement, or any term or condition thereof, may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 3. Assignment. Except as otherwise provided herein in Section 21, the County shall not assign rights or obligations derived from this Agreement or any Program Agreement to a third party without the prior, written consent of the DCYF Contracts Administrator and the written assumption of the County's obligations by the third party. 4. Billing Limitations. Unless otherwise specified in a Program Agreement, DCYF shall not pay any claims for services submitted more than twelve(12) months after the calendar month in which the services were performed. 5. Compliance with Applicable Law. At all times during the term of this Agreement and any Program Agreement,the County and DCYF shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 6. County Certification Regarding Ethics. By signing this Agreement, the County certifies that the County is in compliance with Chapter 42.23 RCW and shall comply with Chapter 42.23 RCW throughout the term of this Agreement and any Program Agreement. 7. Debarment Certification. The County, by signature to this Agreement, certifies that the County is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement or any Program Agreement by any federal department or agency. The County also agrees to include the above requirement in all subcontracts into which it enters. 8. Disputes. Both DCYF and the County ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of the Agreement or applicable Program Agreement(s), either Party may reduce its description of the dispute in writing, and deliver Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 3 DCYF/County General Terms & Conditions it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If the managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DCYF ("Secretary") and the County Representative or their deputy or designated delegate. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and the County Representative. Upon receipt of the referral and relevant documentation, the Secretary and County Representative will confer to consider the potential options for resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and County Representative may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and County Representative are unable to come to a mutually acceptable decision within fifteen (15) days, they may agree to issue an extension to allow for more time. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under the Agreement or applicable Program Agreement(s) that are not affected by the dispute. The final decision will be put in writing and will be signed by both the Secretary and County Representative. If the Agreement is active at the time of resolution and amendment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate the final decision into the Agreement. If this dispute process is used, the resolution decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reserves the right to litigate issues de novo in court. 9. Entire Agreement. This Agreement and any Program Agreement, including all documents attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upon by the parties. Upon execution of any Program Agreement, this Agreement shall be considered incorporated into that Program Agreement by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement or any Program Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the state of Washington govern this Agreement. In the event of a lawsuit by the County against DCYF involving this Agreement or a Program Agreement, venue shall be proper only in Thurston County, Washington. In the event of a lawsuit by DCYF against the County involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW 36.01.050. 11. Responsibility. Each party to this Agreement shall be responsible for the negligence of its officers, employees, and agents in the performance of any Program Agreement. No party to this Agreement or any Program Agreement shall be responsible for the acts and/or omissions of entities or individuals not party to this Agreement and any Program Agreement. DCYF and the County shall cooperate in the defense of tort lawsuits, when Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 4 DCYF/County General Terms & Conditions possible. Both parties agree and understand that such cooperation may not be feasible in all circumstances. DCYF and the County agree to notify the attorneys of record in any tort lawsuit where both are parties if either DCYF or the County enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible thereafter, and the notice may be either written or oral. 12. Independent Status. For purposes of this Agreement and any Program Agreement,the County acknowledges that the County is not an officer, employee, or agent of DCYF or the state of Washington. The County shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of DCYF or the state of Washington. The County shall not claim for itself or its employees any rights, privileges, or benefits which would accrue to an employee of the state of Washington. The County shall indemnify and hold harmless DCYF from all obligations to pay or withhold federal or state taxes or contributions on behalf of the County or the County's employees. 13. Inspection. Either party may request reasonable access to the other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any Program Agreement and for one (1) year following termination or expiration of the Program Agreement, the parties shall, upon receiving reasonable written notice, provide the other party with access to its place of business and to its records which are relevant to its compliance with this Agreement, any Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. 14. Insurance. DCYF certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. The County certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverage as required in any Program Agreements. The County shall pay for losses for which it is found liable. 15. Maintenance of Records. During the term of this Agreement and for six(6) years following termination or expiration of this Agreement, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Agreement; b. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the County's invoices to DCYF and all expenditures made by the County to perform as required by this Agreement. 16. Operation of General Terms and Conditions. These General Terms and Conditions shall be incorporated by reference into each Program Agreement between the County and DCYF in effect on or after the start date of this Agreement. These General Terms and Conditions govern and apply only to work performed under Program Agreements between the parties. 17. Order of Precedence. In the event of an inconsistency in this Agreement and any Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 5 DCYF/County General Terms & Conditions Program Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable federal and state of Washington statutes and regulations; b. This Agreement; c. The Program Agreement(s). 18. Ownership of Material. Material created by the County and paid for by DCYF as a part of any Program Agreement shall be owned by DCYF and shall be"work made for hire" as defined by 17 USC§ 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the County uses to perform a Program Agreement but is not created for or paid for by DCYF is owned by the County and is not "work made for hire"; however, DCYF shall have a perpetual license to use this material for DCYF internal purposes at no charge to DCYF, provided that such license shall be limited to the extent which the County has a right to grant such a license. 19. Severability. The provisions of this Agreement and any Program Agreement are severable. If any court holds invalid any provision of this Agreement or a Program Agreement, including any provision of any document incorporated herein or therein by reference, that invalidity shall not affect the other provisions this Agreement or that Program Agreement. 20. Subcontracting. The County may subcontract services to be provided under a Program Agreement, unless otherwise specified in that Program Agreement. If DCYF, the County, and a subcontractor of the County are found by a jury or other trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission under this Agreement or any Program Agreement, then DCYF shall be responsible for its proportionate share, and the County shall be responsible for its proportionate share. Should a subcontractor to the County pursuant to a Program Agreement be unable to satisfy its joint and several liability, DCYF and the County shall share in the subcontractor's unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the trier of fact. Nothing in this section shall be construed as creating a right or remedy of any kind or nature in any person or party other than DCYF and the County. This provision shall not apply in the event of a settlement by either DCYF or the County. 21. Subrecipients. a. General. If the County is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the County will: (1) 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; (2) Maintain internal controls that provide reasonable assurance that the County is managing federal awards in compliance with laws, regulations, and provisions of Department of Children,Youth&Families 2081CF County Agreement-General Terms and Conditions(8-1-2019) Page 6 DCYF/County General Terms & Conditions contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the County and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) 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. b. Single Audit Act Compliance. If the County is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the County will procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the County will: (1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DCYF, or during the course of a required audit, that the County has been paid unallowable costs under this or any Program Agreement, DCYF may require the County to reimburse DCYF in accordance with 2 CFR Part 200. 22. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration of a particular Program Agreement shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, Inspection, Maintenance of Records, Ownership of Material, Subcontracting, Termination for Default, Termination Procedure, and Title to Property. 23. Termination Due to Change in Funding, Agreement Renegotiation or Suspension. If the funds DCYF relied upon to establish any Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this Agreement but prior to the normal completion of any Program Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 7 DCYF/County General Terms & Conditions Agreement: a. At DCYF's discretion, the Program Agreement may be renegotiated under the revised funding conditions. b. Upon no less than fifteen (15) calendar days' advance written notice to County, DCYF may suspend County's performance of any Program Agreement when DCYF determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow the County's performance to be resumed prior to the normal completion date of the Program Agreement. For purposes of this sub- section, "written notice" may include email. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it will give the County written notice to resume performance. Upon the receipt of this notice, the County will provide written notice to DCYF informing DCYF whether it can resume performance and, if so, the date of resumption. (3) If the County's proposed resumption date is not acceptable to DCYF and an acceptable date cannot be negotiated, DCYF may terminate the Program Agreement by giving written notice to the County. The parties agree that the Program Agreement will be terminated retroactive to the effective date of suspension. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the retroactive date of termination. c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendar days' advance written notice to the County. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the effective date of termination. No penalty shall accrue to DCYF in the event the termination option in this section is exercised. 24. Termination for Convenience. The DCYF Contracts Administrator,or appropriate designee, may terminate this Agreement or any Program Agreement in whole or in part for convenience by giving the County at least thirty (30) calendar days' written notice addressed to the County at the address shown on the cover page of the applicable agreement. The County may terminate this Agreement and any Program Agreement for convenience by giving DCYF at least thirty (30) calendar days' written notice addressed to: DCYF Contracts Department, PO Box 45710, Olympia, Washington 98504-5710. 25. Termination for Default. a. The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to the County, if DCYF has a reasonable basis to believe that the County has: (1) Failed to meet or maintain any requirement for contracting with DCYF; Department of Children,Youth&Families 2081CF County Agreement-General Terms and Conditions(8-1-2019) Page 8 DCYF/County General Terms & Conditions (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule,or ordinance applicable to this Agreement or any Program Agreement; or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. b. Before the DCYF Contracts Administrator,or their appropriate designee, may terminate this Agreement or any Program Agreement for default, DCYF shall provide the County with written notice of the County's noncompliance with the agreement and provide the County a reasonable opportunity to correct the County's noncompliance. If the County does not correct the County's noncompliance within the period of time specified in the written notice of noncompliance, the DCYF Contracts Administrator,or appropriate designee, may then terminate the agreement. The DCYF Contracts Administrator may terminate the agreement for default without such written notice and without opportunity for correction if DCYF has a reasonable basis to believe that a Client's health or safety is in jeopardy. c. The County may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to DCYF, if the County has a reasonable basis to believe that DCYF has: (1) Failed to meet or maintain any requirement for contracting with the County; (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule,or ordinance applicable to this Agreement or any Program Agreement; and/or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. d. Before the County may terminate this Agreement or any Program Agreement for default, the County shall provide DCYF with written notice of DCYF's noncompliance with the agreement and provide DCYF a reasonable opportunity to correct DCYF's noncompliance. If DCYF does not correct DCYF's noncompliance within the period of time specified in the written notice of noncompliance, the County may then terminate the agreement. 26. Termination Procedure. The following provisions apply in the event this Agreement or any Program Agreement is terminated: a. The County shall cease to perform any services required by the Program Agreement as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination which are related to the transfer of clients, distribution of property, and termination of services. b. The County shall promptly deliver to the DCYF contact person (or to his or her Department of Children,Youth&Families 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 9 DCYF/County General Terms & Conditions successor) listed on the first page of the Program Agreement, all DCYF assets (property) in the County's possession, including any material created under the Program Agreement. Upon failure to return DCYF property within fifteen (15)working days of the Program Agreement termination, the County shall be charged with all reasonable costs of recovery, including transportation. The County shall take reasonable steps to protect and preserve any property of DCYF that is in the possession of the County pending return to DCYF. c. DCYF shall be liable for and shall pay for only those services authorized and provided through the effective date of termination. DCYF may pay an amount mutually agreed by the parties for partially completed work and services, if work products are useful to or usable by DCYF. d. If the DCYF Contracts Administrator terminates any Program Agreement for default, DCYF may withhold a sum from the final payment to the County that DCYF determines is necessary to protect DCYF against loss or additional liability occasioned by the alleged default. DCYF shall be entitled to all remedies available at law, in equity, or under the Program Agreement. If it is later determined that the County was not in default, or if the County terminated the Program Agreement for default,the County shall be entitled to all remedies available at law, in equity, or under the Program Agreement. 27. Treatment of Client Property. Unless otherwise provided in the applicable Program Agreement,the County shall ensure that any adult client receiving services from the County under a Program Agreement has unrestricted access to the client's personal property. The County shall not interfere with any adult client's ownership, possession, or use of the client's property. The County shall provide clients under age eighteen (18)with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination or completion of the Program Agreement, the County shall promptly release to the client and/or the client's guardian or custodian all of the client's personal property. This section does not prohibit the County from implementing such lawful and reasonable policies, procedures and practices as the County deems necessary for safe, appropriate, and effective service delivery(for example, appropriately restricting clients' access to, or possession or use of, lawful or unlawful weapons and drugs). 28. Title to Property. Title to all property purchased or furnished by DCYF for use by the County during the term of a Program Agreement shall remain with DCYF. Title to all property purchased or furnished by the County for which the County is entitled to reimbursement by DCYF under a Program Agreement shall pass to and vest in DCYF. The County shall take reasonable steps to protect and maintain all DCYF property in its possession against loss or damage and shall return DCYF property to DCYF upon termination or expiration of the Program Agreement pursuant to which it was purchased or furnished, reasonable wear and tear excepted. 29. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. No waiver shall be construed to be a modification of the terms and conditions of this Agreement unless amended as set forth in Section 2, Amendment. Only the DCYF Contracts Administrator or designee has the authority to waive any term or condition of this Agreement on behalf of DCYF. Department of Children,Youth&Families 2081CF County Agreement-General Terms and Conditions(8-1-2019) Page 10 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom-Lydia Buchheit Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 404 DATE: 8/3/21 Agenda Item # �. Commissioner staff to complete) BRIEFING DATE: 7/26/21 BRIEFING PRESENTED BY: Lydia Buchheit [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Professional Services Contract with Olympic Health & Recovery Services (OHRS) for Health - Rural Communities Opioid Response Program (RCORP) -HRSA grant funded consortium partner work. Background: Public Health's RCORP grant consists of 3 community partners, besides Public Health, to accomplish the grant work. One of the partners, withdrew from the consortium due to COVID competing priorities. OHRS has agreed to step in to be the 4th community partner in their place for the remainder of the grant term. Budget Impacts: None- Already budgeted in current year's budget RECOMMENDED ACTION: Approval of Sub-Contract with Olympic Health & Recovery Services Attachment(s): Professional Services Contract with OHRS MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Olympic Health and Recovery Services (OHRS) , hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health and Recovery Services Address 612 Woodland Square Loop SE -City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 -Primary Contact Name, Title Joe Avalos Primary Contact Phone & E- 360-819-3305 mail joe.avalos tmbho.or Contractor Fiscal Contact Tara Smith Contractor Fiscal Phone & 360-763-5809 Email tara.smith@tmbho.org Washin ton State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $379,514 Contract Term Duration July 1 2021-Au ust 31, 2023 -County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & LydiabCaDco.mason.wa.us 360-427-9670 ext 404 Phone -County Fiscal Contact Casey Bingham, Fiscal Manager -County Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington and according to the Mason County 5-year plan. COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Olympic Health and Recovery Services Agency Name Sharon Trask, Chair Authorized Signature Date Joe Avalos, Administrator APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date ' Professional Services Contract (rev 05/2020) Page 1 ' Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Rural Communities Opioid Response Program-HRSA General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, instructions, and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT follows the term of the funding source. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported via agencies invoice.. Payment is on the assumption that Federal, State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If Federal, State or local funds are not available to the ' Professional Services Contract(rev 05/2020) Page 2 ' COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is August 31, 2023 or earlier in the event of non- compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: CONTRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: ' Professional Services Contract (rev 05/2020) Page 3 ' The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR, and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. CONTRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY now or in the future. Intellectual Property: ' Professional Services Contract(rev 05/2020) Page 4 ' CONTRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty- free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. ' Professional Services Contract (rev 05/2020) Page 5 ' 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing ' Professional Services Contract (rev 05/2020) Page 6 ' 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. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. ' Professional Services Contract (rev 05/2020) Page 7 ' The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. ' Professional Services Contract (rev 05/2020) Page 8 ' Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. ' Professional Services Contract(rev 05/2020) Page 9 ' Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: Lydia B(aD-co.mason.wa.us Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: casey�a co.mason.wa.us Notice: ' Professional Services Contract (rev 05/2020) Page 10 t Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. ' Professional Services Contract(rev 05/2020) Page 11 ' EXHIBIT A SCOPE OF SERVICE Program: Rural Communities Opioid Response-Implementation Program Description: Engage in and accomplish harm reduction, prevention, treatment, and recovery activities as per RCORP deliverables in conjunction with other RCORP Consortium members, other OHRS staff/programs, and the larger Mason County community. A 1.0 SUDP will administer substance use disorder screenings and assessments as needed in the Mason County Jail and will work with mental health and re-entry staff to attain access to needed behavioral health and recovery support services for inmates. The SUDP will also provide support (which may include screening and assessments) to other OHRS programs in Mason County, as well as Mason Health and Mason County Public Health as part of the Consortium. A 1.0 FTE Certified Peer Counselor (CPC) will work closely with COUNTY staff to provide harm reduction education and support, including information on how to use naloxone, and provide linkages to treatment and recovery services at the twice-weekly Substance Use Mobile Outreach of Mason County, as well as weekly overdose prevention and naloxone distribution outreach at the Mason Transit Authority's Transit Center. The position will also work closely with larger mental health and substance use disorder treatment community to provide seamless wraparound linkages to care for individuals with SUD. Program Expectations: • OHRS staff will participate in regular Consortium meetings. • SUDP will meet with and provide SUD screenings and assessments to inmates as referred by the mental health professional and re-entry CPC. • SUDP will meet with and provide SUD screenings and assessments to participants of other OHRS programs as needed, as well as for Mason Health RCORP participants. • Follow policies and procedures of current jail programs to ensure quality and continuity of care. • Coordinate and communicate with jail staff, medical staff, and mental health provider to ensure that clarity of process is always understood. • Meet with staff and participants as needed to create and clarify recovery and release plans. • CPC will staff the Substance Use Mobile Outreach of Mason County twice a week and will assist COUNTY staff in all outreach activities. • CPC will staff the once-a-week Transit Center overdose/naloxone distribution outreach table. CPC may participate in other outreach activities as needed with OHRS and COUNTY staff. • The CPC will share lived experience regarding behavioral health challenges and path of recovery with program participants to foster engagement, a sense of safety, motivation and hope for a chance of recovery. • Research and understand Mason County's (and beyond) Behavioral Health and recovery support system, so that referrals and the appropriate coordination of services takes place. • Attend local stakeholder meetings when appropriate. • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures if needed. Performance/Reporting and Deliverables: OHRS will adhere to all RCORP reporting deliverables, including quarterly reports, bi-annual Performance Improvement Measurement System, sustainability plans, and other requirements as needed. ' Professional Services Contract (rev 05/2020) Page 12 ' EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. ' Professional Services Contract (rev 05/2020) Page 13 ' 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. ' Professional Services Contract (rev 05/2020) Page 14 ' EXHIBIT C BUDGET Submit monthly payment request and ledger electronically to Christina Muller-Shinn at Christina CMuller-Shinn(aD-co.mason.wa.us. Olympic Item Year 1 Year 2 Year 3 Total Grant Amount Health and Recovery Services Personnel 1.0 FTE $18,936 $113,614 $113,614 $246,164 CPC A $61,287 1.0 SUDP @ $52,327 Fringe Benefits 1.0 FTE $6,627 $39,764 $39,764 $86,155 CPC g $21,450 1.0 SUDP @ $18,314 -Supplies $167 $1,000 $1,000 $2,167 Other Includes $1,554 $9,323 $9,323 $20,200 mileage, ITAS, phone, space Indirect 7% $1,910 $11,459 $11,459 $24,828 Total $29,194 $175,160 $175,160 $379,514 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. ' Professional Services Contract (rev 05/2020) Page 15 ' Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # g �- Y Commissioner staff to complete) BRIEFING DATE: June 14 &June 19, 2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Contract for services for Mason County Parks and Recreation Comprehensive Plan update 2021 — 2026, furnished by The Team of Robert W. Droll, Landscape Architect, PS. BACKGROUND: On July 2, 2021 Bob Droll furnished me a Project Scope of Services for the project of updating the Parks and Recreation Comprehensive Plan for 2021 through 2026. The scope of services (attachment A) to the contract was reviewed and approved at the BOCC briefing on June 19, 2021. I requested and received the contract for service from Robert W. Droll, Landscape Architect for the project of the Mason County Parks & Recreation Comp Plan Update with the scope of services (attachment A) for the Commissioners to review and sign. The plan update will produce a 5-year comprehensive plan that can be interfaced into the County's Comprehensive Strategic Plan by December 31, 2021. BUDGET IMPACTS: Cost of service contract is $48,500. RECOMMENDED ACTION: Approve and sign the service contract for Robert W. Droll to perform the scope of services (attachment A) for the cost of $48,500. ATTACH M ENT(S): Robert W. Droll contract for services Scope of services (Attachment A) H:\Parks and Trails\Parks\Comp Plan\2021\Commission Agenda Item Summary Droll Contract 07-22- 2021.doc Mason County PROS Plan Update 7/22/2021 AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement, effective as of July 22,2021, is between Mason County Parks and Trails And Landscape Architect: Robert W. Droll,Landscape,Architect,P.S. (RWD),4405 7t'Ave SE, Suite 203, Lacey, WA 98503,360.456.3813 is for the following Project: Mason County Parks& Recreation Comp Plan Update Scope of Work Article 1 Landscape Architect's Scope of Basic and Additional Services As shown in Attachment A. Article 2 Client's Responsibilities III A. Client agrees to provide Landscape Architect with all information, surveys,reports,and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. Client agrees to provide Landscape Architect with foundation recommendations from existing soils data. B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. Article 3 Estimated Schedule and Project Budget A. Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project Schedule. Article 4 Compensation and Payments A. Client agrees to pay Landscape Architect as follows: 1. Basic Services shall be based upon a Lump Sum Basis and is shown in Attachment A. 2. Additional Services:Negotiated Robert W.Droll,Landscape Architect,PS 1 Mason County PROS Plan Update 7/22/2021 B. Reimbursable Expenses are additional to Professional Staff Time at a rate of cost-plus ten percent. C. Landscape Architect shall bill Client for Basic and Additional Services once per month based upon the percentage of the phase completed. All payments are due Landscape Architect upon receipt of invoice.An amount equal to one and half percentage per month will be charged on all amounts due more than 30 days after the date of invoice. Article 5 Termination A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated,Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. C. Upon not less than seven days'written notice,Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. Article 6 Dispute Resolution A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises,and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. Article 7 Use and Ownership of Landscape Architect's Documents A. Upon the parties signing this Agreement,Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement,provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to,drawings and specifications,are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. Article 8 Miscellaneous Provisions. A. This Agreement is governed by the law of Landscape Architect's principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements,either written or oral. The parties Robert W.Droll,Landscape Architect,PS 2 Mason County PROS Plan Update 7/22/2021 may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason,the remainder of this Agreement shall continue in full force and effect,and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement,Landscape Architect shall not control or be responsible for construction means,methods,techniques, schedules, sequences or procedures;or for construction safety or any other related programs;or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. F. Client agrees to indemnify,defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits,demands, losses,costs and expenses, including,but not limited to, reasonable attorneys'fees and all legal expenses and fees incurred through appeal,and all interest thereon,accruing or resulting to any and all persons,ferns or any other legal entities on account of any damages or losses to property or persons,including injuries or death,or economic losses, arising out of the Project and/or this Agreement,except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including,but not limited to,fee provisions,the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted,to a reasonable sum for attorneys'and expert witnesses'fees,which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due,performance of covenants allegedly breached,or consideration substantially equal to the relief sought in the action or proceeding. H. Client and Landscape Architect waive consequential damages for any claims,disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages,however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. I. To the extent damages are covered by property insurance during construction,Client and Landscape Architect waive all rights against each other and against the contractors,consultants, agents and employees of the other for such damages. Client or Landscape Architect,as appropriate, shall require of the contractors,consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. J. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as,but not limited to,may result in damage to property or persons. Client further acknowledges and agrees that,as between the Robert W.Droll,Landscape Architect,PS 3 Mason County PROS Plan Update 7/22/2021 parties to this Agreement,Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. L. If this Agreement is not signed and returned to Landscape Architect within ten(10)calendar days,the offer to perform the described services may, in Landscape Architect's sole discretion,be withdrawn and be null and void. M. Risk Allocation: Client understands and acknowledges that the design and construction process for this Project poses certain risks to both Landscape Architect and Client. Client further understands and acknowledges that the amount of risk that Landscape Architect can accept is tied, in part,to the amount of compensation received for services rendered. Landscape Architect's fee for the services offered is based on Client's agreement to limit Landscape Architect's liability as described below. Client further acknowledges that were it not for this promise to limit Landscape Architect's liability,Landscape Architect's compensation would need to increase to address the risks posed by this Project. Client,therefore,acknowledging its right to discuss this provision with legal counsel experienced in the design and construction process,as well as other design professionals,voluntarily agrees that,to the fullest extent permitted by law,Landscape Architect's total liability to Client for any and all injuries,claims, liabilities,losses,costs,expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including, but not limited to,Landscape Architect's negligence,errors, omissions or breach of contract, shall not exceed the total compensation received by Landscape Architect under this Agreement.This limitation of liability shall apply to Client's direct claims and Client's claims arising from third parties. LANDSCAPE ARCHITECT CLIENT Q-Jr461-c4txe Mason County, Washington Dated 07/22/21 Title WA State License No. 530 Dated Robert W. Droll,Landscape Architect,PS 4 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 Attachment A Scope of Services Mason County Parks & Recreation Comprehensive Plan Update Client: Mason County Consultant: The Team of Robert W.Droll,Landscape Architect,PS Overview The objective of this project is to: ❑ Update the vision and guiding document for the County's system of parks,recreation facilities,programs, and services that meets the expressed and anticipated needs of the community. ❑ Update the County's goals,objectives,and recommendations for developing and maintaining quality parks, trails,open space,and recreation programs that are meaningful and important to the County's desired quality of life. ❑ Update the County's current inventory of parks,trails,recreation facilities,and programs. ❑ Identify and analyze the demands,needs,and desired improvements from the public. ❑ Identify appropriate service levels,costs,and funding opportunities. ❑ Outline physical and programmatic improvements for the 6-year and longer-term horizons. ❑ Recommend implementation strategies,including phasing and potential partnerships. ❑ Develop a GMA-compliant parks plan that maintains funding eligibility with Washington State's Recreation &Conservation Office(RCO). The work will be structured in sequential phases organized in the expected arrangement of plan elements as outlined by RCO. These elements consist of the following phases: ❑ Task 1 —Planning Context,Goals&Objectives ❑ Task 2—Inventory&Assessment ❑ Task 3—Public Involvement ❑ Task 4—Demand&Need Analysis ❑ Task 5—Capital Improvement Program ❑ Task 6—Final Parks Plan Development&Approval Task 1 —Planning Context, Goals& Objectives This phase includes tasks outlining the project's planning effort,review&update of the County's strategic intent (goals),and measures that describe when intents will be attained(objectives). Task 1.1 Project Planning Prepare a Project Management Plan to document the elements listed below. Implementation of the plan elements is not included in this task budget. ❑ Project Vision ❑ Project Objective ❑ Project Description ❑ Project Methodology ❑ Critical Success Factors Robert W.Droll,Landscape Architect,PS,4405 7'Avenue,SE,Lacey,WA,98503,360.456.3813,boWCONSULTANTroll.com 1 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 ❑ Roles and Responsibilities ❑ Contact List ❑ Scope of Services ❑ Budget ❑ Schedule ❑ Project Reporting ❑ Document Management ❑ QA/QC Management Plan Task 1.2 Review of Past & Current Planning Documents Review past and current County comprehensive plans to understand the larger planning context. ❑ Mason County 2036 Comprehensive Plan ❑ 2013 adopted PROS plan and 2018 draft PROS plan ❑ Mason County Codes,Regulations,and Ordinances ❑ Growth Management Act Requirements ❑ Washington Recreation&Conservation Office(RCO)Requirements Task 1.3 Vision & Mission Statement Review Vision&Mission statement that describes the County's values,interests,and desires. Task 1.4 Goals & Objectives Review&confirm County strategic intent(goals)and measures that describe when intents will be attained (objectives). Task 1 Deliverables ❑ Full Parks Plan Document Outline in Word format. ❑ Draft Chapter 1 &2 of Parks Plan in Word format. ❑ Bi-Weekly Progress Report submitted via email in PDF format. ❑ Progress billings submitted monthly submitted via email in PDF format. ❑ Project schedule updates submitted via email in PDF format. ❑ Minutes for meetings submitted via e-mail in PDF format. Task 2—Inventory & Assessment CONSULTANT will inventory and assess all parks and recreation assets,programs,and operational&maintenance budgets,including a description of the County's service area and demographic profile. Task 2.1 Develop County Profiles CONSULTANT will review and update existing profiles of the County's demographic context. ❑ Community Historical Context ❑ Demographic Profile ❑ Physical Context Task 2.2 Parks & Recreation Services Inventory Utilizing available County-provided datasets,CONSULTANT will develop a scaled base map for use during fieldwork and potential graphics development.CONSULTANT will inventory each park's physical structure and composition and assess its overall composition,quality,safety,structural and/or site condition,or life cycle expectancy.This task may include a meeting with Mason County staff to discuss existing site conditions at parks, discuss current issues,discuss any future plans for each park,proposed needs,and identify critical infrastructure to Robert W.Droll,Landscape Architect,PS,4405 7'Avenue,SE,Lacey,WA,98503,360.456.3813,bobna CONSULTANTroll.com 2 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 avoid or utilize.Current recreation programs will be inventoried,including the type, frequency,popularity,and operational&maintenance costs. ❑ Current Park Classifications o Regional Parks&Trails o Community Parks o Local Parks o Mini-Parks/Parklets o Natural Open Spaces/Passive Parks o Trails o Special Use Facilities ❑ Park&Recreational Amenities o Overall Condition/Cleanliness o Hardscapes/Infrastructure o Drainage o Pathways o Structures o Play Equipment ■ Accessibility ■ Safety/Clearances ■ Structural Posts&Members o Wayfinding o Parking o Vegetation ❑ Programmed Activities(Local&Regional) ❑ Operational&Maintenance Costs ❑ Life Cycle Review ❑ Current Funding Mechanisms Task 2 Understanding ❑ Figures will be developed based on available County inventories and geodatabases. ❑ Existing maps may be used as directed by County. Task 2 Deliverables ❑ Scaled Base Map ❑ Draft Park Inventory&Assessment Sheets in PDF format and Excel File Task 3 - Public Involvement CONSULTANT will develop and implement an effective public engagement strategy that captures the public's demands,needs,and wishes for its parks&recreation facilities&programs. Engagement strategies will be designed to maximize involvement while reducing barriers to participate. Special care will be taken to ensure the widest distribution of opinions from all demographics. This phase of work will be integrated into other subsequent phases of work based on the project schedule. Task 3.1 Develop Public Engagement Plan CONSULTANT will work with the County to develop a public engagement work plan.The plan may involve a wide variety of public engagement techniques,including online surveys,mailed flyers,virtual workshops or charettes,phone or video interviews,or in-person meetings and on-site workshops(dependent on relaxing or elimination of current social distancing guidelines). Robert W.Droll,Landscape Architect,PS,4405 7'Avenue,SE,Lacey,WA,98503,360.456.3813,bob(a.CONSULTANTroll.com 3 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 ❑ Public Engagement Work Plan& Schedule of Events o Digital Flyer or announcement in PDF format o Distribution/Marketing methods for announcements&notices o Social Media Description& Schedule ❑ Needs Assessment Questionnaire ❑ "Public Meetings(North and South) Task 3.2 Needs Assessment Questionnaire with Parks Advisory Board CONSULTANT will develop and implement a needs assessment survey to be shared with the Parks Advisory Board at one of their regularly scheduled meetings. The needs assessment will identify a qualitative snapshot of how the community currently utilizes the County's parks and recreation facilities and programs. During the Advisory Board meeting members will provide feedback on what they believe is missing. This questionnaire also functions as the project's public engagement kick-off event. ❑ A sample of the set of questions with write-in and/or multiple choice options: o Where people live. o Which parks they go to the most. o What park and recreation components do they like or use often. o Which park&recreation components do they wish they had access to. o How would they like to pay for or prioritize improvements? ❑ Analyze results&compile for report and public presentation ❑ Present Demand&Needs Assessment to County Task 3.3 Public Meetings - North and South County After an understanding of demands and needs and an initial questionnaire analysis,CONSULTANT will develop and implement up to two in-person public workshops with figures and mapping exercises. This process will allow the public to respond to initial Parks Advisory Board input and further identify priorities and needs across the county. ❑ Develop a custom Maptionnaire page or facilitate public workshop(s). ❑ Compile the results in a series or graphs and figures communicating community priorities. ❑ Present results to the Client and/or County Council. Task 3.4 Combined Public Workshop and Parks Advisory Board Meeting CONSULTANT will present the draft PROS plan to the public and Parks Advisory Board at a combined meeting to gather feedback and to assist with prioritization for the projects they desire to see in the final parks plan. ❑ Develop a map-based polling survey and meeting materials that summarize the draft PROS plan. ❑ Review the results of the survey and analyze for validity. ❑ Present results to the Client and/or County Council. Task 3 Understanding ❑ County will identify methods and contacts for distribution list and coordinate public event. ❑ Public meetings will be at designated locations(if social distancing rules allow) Task 3 Deliverables ❑ Public Engagement Plan ❑ Demand and Need Assessment Questionnaire and results. ❑ Public Workshop and Advisory Board meeting materials. Robert W.Droll,Landscape Architect,PS,4405 7'Avenue,SE,Lacey,WA,98503,360.456.3813,bobaa CONSULTANTroll.com 4 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 Task 4—Demands & Needs Analysis CONSULTANT will define the priorities,as appropriate,for acquisition,development,preservation,enhancement, management of the overall park system and explain why these actions are needed.The results from Tasks 3.1 and 3.2 will be analyzed to summarize the community's desires for parks,recreation,open space,and/or habitat,as appropriate, in a manner deemed appropriate by CONSULTANT and the Client.These summarized findings will be used to develop and test a reliable level of service methodology that reflects the County's desired quality of life and provides a comparison with local and national trends. Task 4.1 Level of Service Review the methodology to analyze the desired level of service. ❑ Level of Service Methodology Review ❑ National Recreation&Park Association Guideline Comparison ❑ Description of the Service Area ❑ Level of Service Analysis Task 4.2 Peer Community Comparison Compare the County's desired level of service(LOS)to other communities to validate whether the LOS is appropriately scaled. ♦ Identify three(3)target communities to review and comparison methodology Task 4.3 Local, Regional, and National Recreational Trends Understand the County's demographic profile,population forecast,and use areas,then compare them to current or forecasted recreation trends. ❑ County Demographic Profile ❑ Population Growth&Forecast ❑ Recreation Use and Projected Popularity Task 4 Deliverables ❑ Draft of the Demand&Need chapter of the report. Task 5—Capital Improvement Program (CIP) Consultant will develop a preliminary list of possible capital improvements,then prioritize them into a final 6-year and long-term 20-year Capital Improvement Program(CIP).The CIP will include capital improvements&facility programs that list possible land acquisitions,development,and renovation projects prioritized by anticipated implementation,with possible funding sources identified.The CIP will include any capital project to be submitted to the Recreation and Conservation Funding Board for funding. Task 5.1 CIP Strategy, Goals & Objectives Develop a methodology to guide CIP project selection&program modifications. ❑ System-wide/program modifications,possible reductions or additions that support strategic goals& objectives ❑ Specific project methodology narrative Task 5.2 Park, Recreation, Open Space, and Trail Improvements Develop an initial project improvement"wish-list"and based on feedback from both the County and the public, narrow the CIP project list into a 6-year priority list and 20-year lists.The projects will be described with accompanying narratives. Robert W.Droll,Landscape Architect,PS,4405 71 Avenue,SE,Lacey,WA,98503,360.456.3813,bobQCONSULTANTroll.com 5 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 ❑ 6-Year Capital Improvements(Graphics&Narrative) ❑ 20-Year Capital Improvements(Graphics&Narrative) ❑ Develop opinions of probable cost for each project. ❑ Perform rough takeoffs for each project and research unit/lump sum costs ❑ Develop and review cost opinions with an order of magnitude cost including project inflation and cost increases. Task 5.3 CIP Project Summary & Implementation Schedule Compile an overview summary table with the CIP projects prioritized either by target year of implementation or ranked by priority.A narrative for the implementation strategy will be developed. ❑ Develop a CIP Project Summary table ❑ Develop an implementation strategy and schedule,including target funding sources. ❑ Phase 5—Capital Improvement Program(CIP)Chapter ❑ Recommendations for CIP project monitoring Task 5 Deliverables ❑ Project draft concept graphics and narratives. ❑ CIP Project Summary Table ❑ Draft of Chapter 5 of the report Task 6—Final Parks Plan Development& Approval Consultant will assemble all chapters of the parks,recreation,open space,and trails plan into a final draft report. An overview presentation will be given to the County Council or the Parks Board,providing an overview summary of changes to each chapter,with enough detail to allow a consent vote to be made. Task 6.1 Draft Parks, Recreation,Open Space, and Trails Plan Compile a draft parks plan report of Chapters 1-5 for review by the client,County Council,Parks Board,and internal QA/QC Review. ❑ Draft parks,recreation,open space,and trails plan(Chapters 1-6). ❑ Add Appendices to the draft report: o Reference Terms&Definitions o Standards&Guidelines o Detailed Site Assessment Forms o Public Involvement Summaries o Implementation Tools&Funding Sources ❑ Summary presentation of plan to client and/or County Council Task 6.2 Final Parks, Recreation, Open Space, and Trails Plan Compile the final parks plan report of all chapters for review by the client,County Council,Parks Board,and internal QA/QC Review. ❑ Final edit of the parks plan incorporating review comments and notes from the County Council,and internal reviewers. ❑ Add Chapter 6(Approvals)to the plan. ❑ Submit final parks plan to client. ❑ Present final parks plan to County Council for consent. ❑ Package final parks plan for distribution to RCO as requested. Robert W.Droll,Landscape Architect,PS,4405 7'Avenue,SE,Lacey,WA,98503,360.456.3813,bobQu CONSULTANTroll.com 6 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 Task 6 Deliverables ❑ Draft Parks Plan in Word format and PDF for printing. ❑ Final Parks Plan in Word format and PDF for printing. ❑ RCO Self-Certification Form. Project Fees & Schedule Project Fee Our fees to develop the parks plan is summarized below: . Project Tasks i Fee $7,620 $7.170 $8,220 Task 4 ■ $4,360 Task 5 $11,300 $9,530 $300` $48,500 Estimated Project Schedule Consultant has estimated the project schedule to range from 5-6 months due to uncertainty associated with COVID- 19 and subsequent, indirect impacts such as procedural delays and/or committee or County Council approvals. Consultant will endeavor to complete Scope of Services by December 31,2021. Mason County's Responsibilities: Mason County shall provide the following information or services as required for performance of the work. CONSULTANT assumes no responsibility for the accuracy of such information or services and shall not be liable for errors and omissions therein.Should CONSULTANT be required to provide services in obtaining or coordinating compilation of this information,such services shall be charged as Additional Services. ❑ Virtual meetings will be organized,scheduled,and reserved by Owner through a recognized meeting program such as Teams,Zoom,or GoToMeeting. Public notices will be provided by Owner. ❑ Mason County agrees to provide all documents from the 2013 &2018 Parks Plan Update in an editable format to CONSULTANT. ❑ Mason County.will be responsible for incorporating this document into the Mason County Comprehensive Plan and for SEPA review and processing. ❑ Providing the necessary COVID 19 protocols,if necessary. Robert W.Droll,Landscape Architect,PS,4405 7's Avenue,SE,Lacey,WA,98503,360.456.3813,bobrCONSULTANTroll.com 7 Mason County Parks&Recreation Comprehensive Plan Update June 21,2021 Additional,Excluded Services Specific items that are not within the scope of work/services include,but are not limited to,the following. CONSULTANT can provide these services at an additional cost. ❑ Inventory,Condition Assessment,&Master Planning of individual parks and trails. ❑ Traffic Studies,Traffic Impact Analysis ❑ Maintenance Cost projections ❑ Meeting attendance other than those listed herein ❑ Grants Writing&Applications other than listed herein ❑ SEPA,JARPA,any environmental or regulatory permitting ❑ Cultural Resources investigations&monitoring,Heritage Documentation Programs,other than defined herein ❑ Mitigation Site Identification and Analysis,Mitigation Design ❑ Typed up Meeting Notes. Robert W.Droll,Landscape Architect,PS,4405 7'b Avenue,SE,Lacey,WA,98503,360.456.3813,bobACONSULTANTroll.corn 8 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheriff Casey Salisbury Action Agenda _X_ Public Hearing Other DEPARTMENT: Mason County Sheriff's Office EXT: _636 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # 6, 8 Commissioner staff to complete)] BRIEFING DATE: July 19, 2021 BRIEFING PRESENTED BY: Sheriff Casey Salisbury [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Amendment to the Memorandum of Understanding (MOU) with the Squaxin Island Tribe. BACKGROUND: The Tribe and the MCSO desire to amend the existing MOU to strike the provision related to allocating jurisdiction and to substitute a provision whereby the MCSO jointly refers criminal matter to the parties' prosecutors and thereafter, the Tribe's prosecutor confers with the County's prosecutor as to which jurisdiction is best suited to prosecute. RECOMMENDED ACTION: Approve and sign Amendment 1 to the MOU between the Squaxin Island Tribe and the Mason County Sheriff's Office. BUDGET IMPACTS: None ATTACHMENT(S): Special Commission / General Authority Peace Officer Agreement between Squaxin Island Tribe and Mason County 2016 Amendment 1 to Memorandum of Understanding between Squaxin Island Tribe and Mason County Sheriff's Office J:\Finance Office\BOCC\2021 BOCC Briefings\Squaxin MOU\BOCC Action Item MOU Amendment.doc AW � 7 SHIN 'RIFF $dgAB ,WA 1$bk cr To: David Lopeman Squaxin Island Tribe From: Theresia Ehrich Chief Deputy,MCSO Date: 6/16/16 Re: MOU between Squaxin Island Tribe and Mason County Sheriffs Office Enclosed is the new Memorandum of Understanding between Squaxin Island Tribe and Mason County Sheriff's Office;and Special Commission/General Authority Peace Officer Agreement. After review and signature please return to MCSO and we will forward on to our Mason County Commissioners. Respectfully, Theresia Ehrich Chief Deputy Mason County Sheriff P.O. Box 1037 Shelton, WA 98584 Memorandum of Agreement— Page 1 Squaxin Island Tribe MEMORANDUM OF UNDERSTANDING BETWEEN SQUAXIN ISLAND TRIBE AND MASON COUNTY SHERIFF'S OFFICE This Memorandum of Understand ("MOU") is entered into this 1st day April 1116, by the Squaxin Island Tribe ("Tribe"), a federally recognized Indian Tribe; and the Mason County Sheriffs Office ("MCSO") to meet the requirements of the State-Tribal Compact and its prerequisites for a grant under its community contribution provisions. RECITALS A. The Tribe and MCSO each desire to protect the lives and property of all people within their respective jurisdictions. B. The Tribe and MCSO each have determined that a cooperative effort to provide law enforcement services is in the best interest of taxpayers and residents of their respective jurisdictions, whether Indian or non-Indian, whether enrolled or not, and irrespective of the character of the land. C. The Tribe and MCSO each have determined that better and more efficient law enforcement services can be provided to all persons within their respective jurisdictions if law enforcement officers have the ability to provide cooperation and assistance, including re-enforcement, immediate response assistance, assistance in the service of state or tribal search or arrest warrants, to law enforcement officers in neighboring service jurisdictions, so that the nearest available officer, whether county or tribal, may respond as promptly as possible in situations where human life or property is endangered. D. The Tribe and MCSO have, for well over a decade, cooperated to their mutual advantage in accomplishing these goals, and seek to renew the relationship in a written agreement. E. The Tribe and MCSO have undertaken numerous joint law enforcement activities, including coordination of training, shared use of radio frequencies, mutual participation in SWAT, Special Operations Group, the Internet Crimes Against Children Task Force, search and rescue, and marine & dive enforcement. F. This MOU is entered into for the purpose of memorializing the relationship and responsibilities between the Tribe and MCSO. 1. Relationship The Tribe and MCSO each commit to provide effective and reasonable emergency services to the Tribe including to its Little Creek Casino and its patrons. The MCSO and the Tribal Police (hereafter 'TPC") shall each keep each other appraised of changes in their operational policies, guidelines, and significant changes in the law of their respective jurisdictions for the purpose of facilitating communication and ensuring the timely and efficient delivery of services. To facilitate communication the Tribe and MCSO shall each appoint a contact person to ensure time response and ensure effective response and to answer questions or address concerns or disputes. Memorandum of Agreement— Page 2 Squaxin Island Tribe The goals of the parties are (a) to ensure timely response; (b) to ensure effective response, (c) to ensure that each is informed of the status and disposition of contacts and or arrests. The goals of the Tribe are (a) to reduce the response time in county-tribal enforcement actions; (b) reduce drug use on the reservation; and (c) to enter into an agreement by which its law enforcement officers may be recognized as general authority peace officers under state law, and so eliminate or diminish jurisdictional gaps in enforcement and ensure effective enforcement. The Tribe and MCSO agree to use their best efforts to accomplish these goals. Requests for funding shall be evaluated on the basis of whether the request for and use of the funds will support and further those goals. 2. Roles and responsibilities with regard to: 2.1 Investigations and or Enforcement Actions The MCSO will keep the TPC apprised of all investigations related to the Squaxin Island Tribe, including its enterprises, individuals residing on reservation, its enrolled members and or real or personal property that the Tribe has an interest in. Any enforcement action taken by a Deputy relating to the Class III gaming operation shall be immediately reported to the MCSO dispatcher, who shall thereafter notify the Tribal Police. 2.2 Arrest warrants. MCSO may make an arrest on a state warrant for an Indian or non-Indian on reservation and off-reservation. The Tribe may make an arrest on a tribal warrant for an enrolled Indian on reservation and off reservation within the usual and accustomed fishing grounds or within open and unclaimed land on which Squaxin holds treaty hunting and gathering rights. State officers generally may not serve tribal court arrest warrants on Indians or non- Indians. Tribal officers generally may not serve state court arrest warrants on non- Indians. Notwithstanding the foregoing, the MCSO and the Tribe agree to provide assistance in the service of arrest warrants upon request. 2.3 Search Warrants. State officers may serve state search warrants on reservation. The MCSO will conduct any resulting search in a manner that fully complies with the laws of the Tribe. The MCSO will obtain the assistance of the Tribe in serving or executing a search warrant on reservation. State officers generally may not participate in the service of a tribal search warrant. Notwithstanding the foregoing, the MCSO agrees to respond as requested to the service of a tribal search warrant, including to take into custody any non-Indian or Indian not Memorandum of Agreement— Page 3 Squaxin Island Tribe enrolled at the Tribe who are found on site and who were engaged in any activity that violates state law. Tribal officers generally may not participate in the service of a state search warrant off reservation. Notwithstanding the foregoing, the TPC agrees to respond as requested to the service of a state search warrant, including to take into custody any Indian or enrolled member of the Tribe who are found on site and who were engaged in any activity that violates tribal law. Tribal officers shall participate in the service of a state search warrant on reservation. 2.4 Detention. Tribal law enforcement officers have the power to restrain those who disturb the public order on the reservation, and if necessary, to eject them. Where jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain the offender and to promptly deliver up any non-Indian offender. State v. Schmuck, 121 Wn. 2d 373, 850 P.2d 1332, cert. denied, 510 U.S. 931 (1993). MCSO agree to respond immediately to requests by SIT to deliver non-Indian offenders to MCSO and or Indian offenders not enrolled at the Tribe to MCSO. 2.5 Criminal and Civil Retrocession. In the event The Tribe elects to seek criminal or civil retrocession under RCW 37.12.160 or otherwise, the Parties agree to meet as soon as is practicable to negotiate in good faith an amendment to this Agreement that takes into account the change in circumstances. 2.6 Prosecution of Tribal or State criminal violations. 2.6.1 Non-Indian on or off Reservation The state has exclusive criminal jurisdiction over non-Indians on reservation, except to the extent provided otherwise by applicable law. The MCSO agrees to exercise that jurisdiction in coordination with the Tribe. 2.6.2 Indian on Reservation Any court actions resulting from the exercise of police power against an Indian shall be filed in the Squaxin Island Tribal Court or Federal Court. Referral for prosecution shall be made to the Squaxin Tribal Prosecutor. 2.6.3 Indian Off Reservation MCSO and the Tribe shall each freely allow and cause its officers who assisted in any investigation or other activities under the auspices of this MOU to appear and give their testimony in any Court with the jurisdiction for the prosecution of any offense for which such officer has personal knowledge. Memorandum of Agreement— Page 4 Squaxin Island Tribe 3. Services to be provided MCSO shall provide the following services: (a) law enforcement services, and (b) training for TPC and its subordinates in MCSO procedures and reporting criteria. 4. Special Commission The MCSO and the Tribe shall enter into a special commission and general authority peace officer agreement substantially in the form attached hereto as Exhibit A and incorporated herein by reference. This Agreement shall be effective upon the signatures of the appropriate representatives of the MCSO and the Tribe and the execution of a special commission agreement. 5. Requests for Funding The Tribe and MCSO acknowledge that it is not possible for MCSO to identify or distinguish the adverse impacts or increased costs caused by the Class III operation. They have agreed as an alternative, to the following measure: A fixed fee for police services described herein for$23,750 per quarter. The Tribe's contribution is conditioned on use of the funds to provide direct and additional law enforcement services by the Mason County Sheriff's Office. The payment from the Community Contribution fund shall be contingent on the availability of 2% net win funds. If the Community Contribution fund is not adequate to pay the fixed fee after payment to those parties that have entered into an MOA with the Tribe prior to this MOA, then no further monies shall be owed. In addition to obligations stated above, the Tribe and MCSO agree to explore in earnest options for shared use and financing of an evidence facility and shared use of LEXIPOL. 6. Periodic Reports MCSO shall submit quarterly reports to the Oversight Committee identifying the actual use of funds, whether and to what extent impacts were mitigated, any unmet need, and what progress was made towards accomplishing that stated purpose of the grant and the stated goals of the SIT. MCSO shall maintain accurate records of the use of all grant funds and shall make such information available to the Committee upon request. Further MCSO records shall be subject to independent review by the Committee or its delegates. 7. Public Relations The MCSO agrees to participate in coordinated press releases and functions regarding any grant. It is anticipated that the Tribe will establish a coordinated giving day in which the Tribe and the Community Contribution Committee will present grants awarded. Memorandum of Agreement— Page 5 Squaxin Island Tribe 8. No Waiver By executing this Agreement, no signatory hereto waives any immunity or sovereign immunity which it has and neither a grantee nor any other individual or entity is or shall be deemed a third party beneficiary of this agreement. 9. Confidential Information MCSO agrees that any information it obtains regarding the total amount of the Casino's net win, the amount MCSO is awarded, or any other information which would tend to reveal the operating results of the Tribe's Casino are proprietary to the Tribe and shall remain confidential and not be disseminated or published without the Tribe's prior written consent. 10. Term This agreement will be in effect for a period of ten years from the date of its execution and, as noted in above, only upon execution of the cross deputization and general authority peace officer agreement. 11. Acceptance of Terms Their respective representatives agree to the above terms and conditions for the parties to this agreement. 12. Duration/Revocation of Agreement This Agreement shall remain in full force and effect for a period of ten years, or unless terminated by either party as provided in this Agreement and shall be subject to renewal by the Agreement of the parties at the end of the ten year period. Either party may terminate this Agreement at any time by giving thirty (30) days' written notice to the other party of its intent to terminate. The Parties agree to meet within ten days of such notice, or such time as may be mutually agreed to by the parties, and negotiate in good faith to resolve their dispute. S U IN hSLAND IBE . David Lop BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Chairman Terri Jeffrey Memorandum of Agreement—Page 6 Squaxin Island Tribe n Commissioner Tim Sheldon Cilmmissioner Randy Neatherlin Appr.qved as to content: r 2A,;�i,C�j6km Sheriff Casey Salisbury (/ A ved as to form: Chief Deputy Mason County Prosecuting Attorney mothy Whitehead Clerk of the Board Mason County Board of Commissioners Julie Almanzor After recording return to: Mason County Commissioners 411 North 5" Street Shelton, WA 98584 SPECIAL COMMISSION /GENERAL AUTHORITY PEACE OFFICER AGREEMENT BETWEEN THE SQUAXIN ISLAND TRIBE AND MASON COUNTY 2016 Exhibit A PREAMBLE The Squaxin Island Tribe, a federally recognized Indian Tribe organized pursuant to Section Sixteen of the Indian Reorganization Act of 1934 (25 U.S.C. §476), hereinafter "TRIBE," and Mason County, Washington, hereinafter"COUNTY, through the Mason County Sheriff, hereinafter"SHERIFF." THIS AGREEMENT IS ENTERED INTO UNDER THE Inter-local Cooperation Act (Chapter 39.34 RCW), the Mutual Aid Peace Officers Powers Act (10.93 RCW), Chapter 10.92 RCW (Tribal Police Officers), and the Constitution and Bylaws of the Squaxin Island Tribe. INTENT The TRIBE and the COUNTY each wish to protect the lives and property of all people within their respective jurisdictions and particularly within the exterior boundary of the Squaxin Island Reservation and within the lands and waters treaty rights are exercised. The TRIBE and the COUNTY, therefore, have entered into this Agreement governing certain aspects of the relationships between the COUNTY and TRIBE with respect to the special commission of tribal law enforcement officers as special commission reserve officers, and as to qualifying tribal law enforcement officers as state general authority peace officers. The Mason County Sheriff's Office ("MCSO") is a general authority law enforcement agency and its officers have general authority as Washington peace officers as defined in RCW 10.93.020. The purpose of this agreement is to provide for Squaxin Island Tribal peace officers to be specially commissioned Washington peace officers under RCW 10.93.020(5), and general authority peace officers under RCW 10.92.020, to detect and apprehend persons committing infractions or violating the traffic or criminal laws in general of the state of Washington. ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS: Section I. Definitions As used in this Agreement: Approved Tribal Officer: means a law enforcement officer employed by the TRIBE, who has submitted to a background check and training as required by the COUNTY, and has thereafter been granted a commission by the SHERIFF. Commission: A special commission as a Level 3 Reserve Peace Officer granted to an Approved Tribal Special Commission Agreement—Squaxin Island Tribe Page 2 Officer in accordance with this Agreement. Commission Card: An identification card issued by the MCSO to an Approved Tribal Officer. Designated Offenses: All infractions and violations of the laws of the state of Washington, whether civil or criminal, and of any Model Traffic Code adopted by Mason County. Reservation: The Squaxin Island Tribe's Reservation and any land held in trust for the benefit of the Squaxin Island Tribe or its members by the United States government, and all territory within the exterior boundaries thereof, including without limitation all roads, rights of way, easements and waterways within such exterior boundaries. Section II. Jurisdiction Nothing in this Agreement shall be construed to cede any jurisdiction of either of the parties, to modify the legal requirements for arrest or search and seizure or to otherwise modify the legal rights of any person, to accomplish any act violative of state or federal law or to subject the parties to any liability to which they would not be subject by law. Section III. Issuing Special Commissions The SHERIFF may grant in his sole discretion a special commission as a Level 3 Reserve Officer. Applications for commissions shall be submitted in writing to the SHERIFF or his designee. Each application shall be accompanied by all background information on the applicant known to the TPC, appropriate waivers allowing the standard SHERIFF'S Office pre-employment investigation, and such other information as may be required by the MCSO. The applicant may be required to undergo a polygraph examination. The SHERIFF shall grant or deny each application within a reasonable period of time. The granting of a special commission shall be evidenced by the issuance of a commission card to the officer receiving the commission. No commission shall be denied on the basis of race, creed, sex, color or national origin. An applicant shall have successfully completed the Washington State Basic Law Enforcement Training Academy or a certificate of equivalency or have been exempted from the requirement thereof b the Washington state criminal justice raining commission or successfully completed the equivalency examination process and completed the 2 week challenge from the Washington State Law Enforcement Training Academy. Such special commission is for the sole purpose of empowering Approved Tribal Officers to detect and apprehend persons committing infractions or violating Designated Offenses under Washington State Law. Such commission shall so empower tribal officers when such infractions or violations occur within the Reservation or in the officer's presence outside the Reservation Boundaries. Section IV. General Authority Tribal Peace Officers Any Tribal law enforcement officer qualified for a special commission under Section III, above, shall be granted the status of a general authority peace officer, and in addition to those authorities described above, shall be able to exercise those authorities granted under RCW 10.93.070 and other law, contingent upon full satisfaction of the requirements of Chapters 10.92 and 10.93 RCW. Section V. Suspension and Revocation of Special Commissions The SHERIFF or his designee may, at any time, suspend or revoke the special commission of any Tribal law enforcement officer for reasons solely within his discretion. The MCSO shall inform the TPC of a proposed or anticipated suspension or revocation and written notice of any such suspension or revocation and the reasons for such action. Special Commission Agreement—Squaxin Island Tribe Page 3 Section VI. Scope of Powers An Approved Tribal Officer shall have a special commission card in his or her possession at all times when acting pursuant to the commission. The special commission shall empower Approved Tribal Officers to detect and apprehend persons committing infractions or violations of all Designated Offenses when they occur within the Reservation or in the officer's presence outside the Reservation boundaries. Such power shall include the power to make arrests. Tribal law enforcement officers commissioned pursuant to this Agreement shall comply with the applicable constitutional and statutory provisions concerning enforcement of state laws when exercising such authority. Any court actions resulting from the exercise of a commission shall be filed in state court, and any referral for prosecution shall be made to the COUNTY Prosecutor. Tribal law enforcement officers shall remain under the control of the TRIBE, but when acting under the authority of a special commission or as a general authority peace officer shall abide by the rules and regulations of the SHERIFF, all State laws and regulations, the State and Federal Constitutions, and shall be subject to the direction of the SHERIFF'S Office. Section VII. Report of Exercise of Commission Powers The circumstances surrounding any actual exercise of peace officer authority to a special commission shall be immediately reported to the SHERIFF'S Office Dispatcher and shall be timely reported, after the fact, to the MCSO and subject to the reporting procedures established by the MCSO. Section Vill. Hold Harmless/Indemnification Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting with the course and scope of the officer's duties as a specially commissioned or general authority peace officer is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency. Section IX. Insurance/Immunities The TRIBE agrees to maintain insurance policies in the amount of$1,000,000.00 per occurrence insuring against claims for false imprisonment, false arrest, public liability, property damage and police professional liability and shall maintain the policy in full force and effect during the life of this Agreement. If this Agreement is terminated for any reason, the TRIBE agrees to continue to carry the insurance for all actions taken under this Agreement until such time as protection from suit is granted by the statute of limitations. In the event the coverage is on a claims-made basis, the TRIBE must ensure that the coverage extends to the statute of limitations in each policy year. The insurance shall include the COUNTY as an additional insured and refer to and support the TRIBE'S obligation to hold harmless the COUNTY, its officers, elected officials and employees. Such insurance shall provide 30 days written notice to the COUNTY in the event of cancellation or material change and include a statement to the effect that no act on the part of the insured shall affect the coverage afforded to the COUNTY under this insurance. The insurance company or the TRIBE will provide written notice to the COUNTY within thirty (30) days after any reduction in the general aggregate or occurrence limits. The TRIBE shall provide the COUNTY with a certificate of insurance prior to the contract effective date. The COUNTY, at its option, may require a complete copy of the above insurance policy. The TRIBE waives sovereign immunity to suit only upon claims asserted by the COUNTY, the amount and nature of which are within the coverage and limits of the TRIBE'S insurance policy. Policies of insurance obtained by the TRIBE purchased pursuant to this section shall prohibit the insurer asserting a defense of sovereign immunity to claims made under the policy. All immunities enjoyed by COUNTY law enforcement officers under state or federal law shall inure to the benefit of Tribal law enforcement officers when acting under a commission under the terms of the Agreement. Special Commission Agreement—Squaxin Island Tribe Page 4 Section X. Oversight Committee A committee consisting of the TRIBE'S Chief of Police, the SHERIFF or his designee, and the Mason County Prosecutor or his designee, shall review activities and methods of performance pursuant to this Agreement. The committee shall meet annually, or more frequently, as needed, to discuss the operation of the Agreement. The committee may recommend to the signatories of the Agreement any amendments to this Agreement. : Section XI. Duration/Revocation of Agreement This Agreement shall remain in full force and effect for a period of ten years, or unless terminated by either party as provided in this Agreement and shall be subject to renewal by the Agreement of the parties at the end of the ten-year period. Either party may terminate this Agreement at any time. Termination shall be immediately effective upon receipt of written notice. Section XII. Amendments This Agreement shall not be amended except by an instrument in writing executed by the signatories below and attached to this Agreement. Section XIII. Notice Any notice required or permitted to be given under this Agreement shall be deemed sufficient if given in writing and sent by registered or certified mail. In the case of the COUNTY, notices shall be sent to: Mason County Sheriff P.O. Box 1037 Shelton, WA 98584 In the case of the TRIBE, notices shall be sent to: Squaxin Island Tribe Chief of Police 70 SE Squaxin Lane Shelton, WA 98584 With a copy to: Squaxin Island Legal Department 3711 SE Old Olympic Hwy Shelton, WA 98584 Section XIV. Severability/Duration of Commissions If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the Agreement or the application of the provision to other persons or circumstances is not affected. Because the source of legal authority to grant, revoke, and suspend the commissions described in this Agreement is separate from and independent of the terms of this Agreement, the invalidity of all or any portion of this Agreement shall have no effect on the validity of such commissions, which shall remain in effect until suspended or revoked at the discretion of the SHERIFF or his designee. Special Commission Agreement—Squaxin Island Tribe Page 5 The effective date of this Agreement shall be the 1st day of April 2016. U IN ISkA IBE avid p man U,; BOARD OF COUNTY COMMISSIONERS MASON CO NTY, WASHINGTON ,�� 11�" Chairman Terri Jeffrey Commissi ner Tim Sheldo Co issioner Randy Neatherlin Approved as to content: r Sheriff Casey Salisbury Approved as to form: ie eputy Mason County Prosecuting Attorney Timothy Whitehead QDA I U( �Aj?An CI rk of the Board Mason County Board of Commissioners Julie Almanzor Amendment No. 1 to Memorandum of Agreement— Page 1 ORIGINAL Squaxin Island Tribe AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING BETWEEN SQUAXIN ISLAND TRIBE AND MASON COUNTY SHERIFF'S OFFICE This First Amendment to the Memorandum of Understand ("MOU") is dated as of August _, 2021, by and between the Squaxin Island Tribe ("Tribe"), a federally recognized Indian Tribe and the Mason County Sheriff's Office ("MCSO"). RECITALS A. The Tribe and the MCSO entered into a MOU dated April 1, 2016, (as such may be further amended, restated, modified, extended or supplemented from time to time, the"Existing MOU"). B. The Tribe and MCSO desire to amend the Existing MOU to strike the provision related to allocating jurisdiction and to substitute a provision whereby the MCSO jointly refers criminal matters to the parties' prosecutors and thereafter, the Tribe's prosecutor confers with County's prosecutor as to which jurisdiction is best suited to prosecute. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby covenant and agree to be bound as follows: Section 1. Section 2.6 is hereby amended in its entirety to read as follows: Section 2.6 Jurisdiction. The MCSO shall jointly refer investigations with criminal referrals where there is reason to believe that a Squaxin Island tribal member or Squaxin Island descendant is a suspect or where there is reason to believe that an alleged felony occurs on Squaxin Island tribal property, to the Squaxin Island Tribe's Prosecuting Attorney (SITPA) and to the Mason County Prosecuting Attorney (MCPA). Thereafter, the SITPA will contact the MCPA to confer as to which jurisdiction is best suited to prosecute. Section 2. Merger and Integration, Superseding Effect. This Amendment, from and after the date hereof, embodies the entire agreement and understanding between the parties hereto and supersedes and has merged into this Amendment all prior oral and written agreements on the same subjects by and between the parties hereto with the effect that this Amendment, shall control with respect to the specific subjects hereof and thereof. Section 3. Affirmation of Existing MOU. The MCSO and the Tribe each acknowledge and affirm that the Existing MOU, as hereby amended, is hereby ratified and confirmed in all respects and all terms, Amendment No. 1 to Memorandum of Agreement— Page 2 ORIGINAL Squaxin Island Tribe conditions and provisions of the Existing MOU, except as amended by this Amendment, shall remain unmodified and in full force and effect. Section 4. Acceptance of Terms. Their respective representatives agree to the above terms and conditions for the parties to this amendment. SQUAXIN ISLAND TRIBE By: Kristopher Peters Its: Chairman BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chairman Kevin Shutty, Commissioner Sharon Trask, Commissioner Approved as to content: -A IJA YSheriff .� Casey Salisbury (/ to form: _ Chief Deputy Mason unty Prosecuting Attorney Tim Whitehead Clerk of the Board, Mason County Board of Commissioners McKenzie Smith MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X_ Public Hearing Other DEPARTMENT: Mason County Sheriff's Office EXT: 636 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # a.C� Commissioner staff to complete) BRIEFING DATE: July 19, 2021 BRIEFING PRESENTED BY: Sheryl Hilt [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Sheriff's Office fee increase and change to refund policy. BACKGROUND: The Sheriff's Office reviews fee schedules prior to budget preparation annually. This year's review indicates a need to request an increase in the mileage reimbursement; as well the refund fee recovery policy is no longer cost effective as written. Mileage fee was last increased in 2017 when it was set at $0.50 per mile with a $10.00 minimum. The US General Services Administration (GSA) and Internal Revenue Service (IRS) mileage reimbursement rate is currently $0.56 per mile. Comparable counties reviewed vary, with the highest being $0.67. The MCSO is requesting an update to Resolution 69-17 to increase the mileage rate to $0.66 per mile, maintaining the $10.00 minimum. This increase will recover gas and maintenance for the SO motor pool vehicles. It would also help to tie this fee to the GSA/IRS rate, giving the SO the authority to update during the yearly review. During the review, it was discovered Lewis County does not process refunds less than $5.00 since processing refunds under that amount isn't cost effective. The MCSO is requesting addition of the following wording into resolution, ""Fee Recovery: Fee deposits may be required for acceptance of a case. Deposit balances FIVE dollars or less at the closing of case will not be refunded". RECOMMENDED ACTION: Approval to amend Mason County Resolution 69-17 allowing the MCSO to tie the mileage rates to the GSA/IRS rates and allow deposit balances of five dollars or less to be retained in the MCSO Civil Action account until transferred to Mason County. J:\Finance Office\BOCC\2021 BOCC Briefings\Fee Increases\Fee Increase Action Draft.doc BUDGET IMPACTS: Approximate increase of $1000 per year in additional revenue. ATTACHMENT(S): RCW 36.18.040 Mason County Ordinance 2.132.010 Fee Schedule proposed changes Resolution Draft J:\Finance Office\BOCC\2021 BOCC Briefings\Fee Increases\Fee Increase Action Draft.doc 2.132.010 Sheriff's fees. The sheriff shall collect the following fees for official services: (1) For service of each summons and complaint, notice and complaint,summons and petition, and notice of small claim on one defendant at any location,thirty dollars, and on two or more defendants at the same residence,forty dollars, besides mileage; (2) For making a return, besides mileage actually traveled,twenty dollars for each return of service; (3) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage,sixty dollars per hour; (4) For filing copy of writ of attachment, order of sale or writ of execution with auditor,twenty-five dollars plus auditor's filing fee; (5) For serving writ of possession or restitution without aid of the county, besides mileage,sixty dollars; (6) For serving writ of possession or restitution with aid of the county, besides mileage,eighty-five dollars plus sixty-five dollars for each hour after one hour; (7) For serving an arrest warrant in any action or proceeding, besides mileage,fifty dollars; (8) For executing any other writ or process in a civil action or proceeding, besides mileage,sixty dollars per hour; (9) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service,fifty cents per mile with a ten-dollar minimum mileage charge; (10) For making a deed to lands sold upon execution or order of sale or other decree of court,to be paid by the purchaser,sixty-five dollars; (11) For making copies of papers when sufficient copies are not furnished,fifteen cents per page; (12) For the service of any other document and supporting papers for which no other fee is provided herein,thirty-five dollars; (13) For posting a notice of sale, or postponement,twenty-five dollars besides mileage; (14) For certificate or bill of sale of property, or certificate of redemption,sixty dollars; (15) For conducting a sale of property,fifty-five dollars per hour spent at a sheriffs sale; (16) For notarizing documents,ten dollars for each document; (17) For fingerprinting for non-criminal purposes,fifteen dollars for each print card; (18) For mailing required by statute,whether regular,certified, or registered,the actual cost of postage; (19) For an internal criminal history records check,fifteen dollars; (20) For the reproduction of audio,visual, or photographic material,to include magnetic microfilming,the actual cost including personnel time. Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs to the extent provided by RCW 36.18.040(2). (Ord. No.69-17, 11-14-2017, eff.9-26-2017;Ord. 102-04, 2004;Ord.87-04, 2004) Created: 2021-06-18 11:32:09 [EST] (Supp.No.55,6-21) Page 1 of 1 i 7/8/2021 RCW 36.18.040:Sheriffs fees. RCW 36.18.040 I Sheriffs fees. i 1 Sheriffs shall collect the following fees for their official services: i ( } g I (a) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location,ten dollars, and on two or more defendants at the same residence, twelve dollars, besides mileage; (b) For making a return, besides mileage actually traveled, seven dollars; (c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, thirty dollars per hour; (d) For filing copy of writ of attachment or writ of execution with auditor, ten dollars plus auditor's filing fee; (e) For serving writ of possession or restitution without aid of the county, besides mileage, twenty-five dollars; (f) For serving writ of possession or restitution with aid of the county, besides mileage, forty dollars plus thirty dollars for each hour after one hour; (g) For serving an arrest warrant in any action or proceeding, besides mileage, thirty dollars; (h) For executing any other writ or process in a civil action or proceeding, besides mileage, thirty dollars per hour; (i) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, thirty-five cents; Q) For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser,thirty dollars; (k) For making copies of papers when sufficient copies are not furnished, one dollar for first page and fifty cents per each additional page; i (1) For the service of any other document and supporting papers for which no other fee is provided for herein, twelve dollars; (m) For posting a notice of sale, or postponement, ten dollars besides mileage; I (n) For certificate or bill of sale of property, or certificate of redemption,thirty dollars; ! (o) For conducting a sale of property, thirty dollars per hour spent at a sheriffs sale; (p) for notarizing documents, five dollars for each document; (q) For fingerprinting for noncriminal purposes, ten dollars for each person for up to two sets,three dollars for each additional set; s (r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage; (s) For an internal criminal history records check, ten dollars; (t) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost Including personnel time. (2) Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs. Nothing contained in this section permits the expenditure of public funds to defray costs of private litigation. Such costs shall be borne by the party seeking action by the sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment. (3) Notwithstanding subsection (1)of this section, a county legislative authority may set the amounts of fees that shall be collected by the sheriff under subsection (1)of this section to cover the costs of administration and operation. (4)The fines imposed by this section do not apply to juvenile offenders. [2015 c 265§ 29; 1992 c 164§ 1; 1981 c 194§ 1; 1975 1st ex.s. c 94 § 1; 1963 c 4 § 36,18.040. Prior: 1959 c 263§ 8; j 1951 c 51 § 6; 1907 c 56 § 1, part, p 91; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1, p 422; Code 1881 § 2086, part, p 356; 1869 p 364§ 1, part, p 365; 1865 p 94 § 1, part, p 97; 1863 p 391 § 1, part, p 392; 1861 p 34 § 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS§497, part.] NOTES: Finding—Intent-2015 c 265: See note following RCW 13.50.010. Severability-1981 c 194: "if any provision of this act or its application to any person or circumstance is held invalid,the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 194§ 5.] i https://app.leg.wa.gov/RCW/default.aspx?clte=36.18.040 1n ORDINANCE NO. AMENDING ORDINANCE# 69-17 MASON COUNTY CODE CHAPTER 2.132.010 SHERIFF'S FEES WHEREAS, RCW 36.18.010 authorizes certain fees for official services to be charged by the Sheriff and authorizes the County legislative authority to set the amounts of fees that shall be collected by the Sheriff to cover costs of administration and operation; and WHEREAS, the mileage fees have not increased since 2017, the fees were presented and approved at the July 27, 2021 Commission Meeting, and fees must be adopted by Ordinance; and NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby amend the following fees and add wording to establish refund procedure in Mason County Chapter 2.132.010—Sheriff's Fees: 1. Amend Item 9 to read: "For each mile actually and necessarily traveled in going to or returning from any place of service,or attempted service,the mileage charge will be the same as the current US General Services Administration(GSA)mileage fee with a ten-dollar minimum mileage charge." 2. Add Item 21 to read: "Fee Recovery: Fee deposits may be required for acceptance of a case. Deposit balances FIVE dollars or less at the closing of a case will not be refunded." These amended fees are approved and effective September 1, 2021. DATED this day of 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney Sharon Trask, Commissioner Mason County Sheriff's Fee Schedule RCW 36.18.040, RCW 9.41.070 & RCW 42.56.120 along with Mason County Resolution 69-17 (Sheriffs Fees 09/2017), Ordinance 101-98 (Animal Ordinance), Resolution 17-18 (Public Records Policy) Resolution 45-19(Miscellaneous Fees 7/2019) Fee may deposits be required for Garnishment,Writ of P Y re 9 All Other Documents&Supporting acceptance of the case, Deposit **Prepaid Deposit $100.00 Papers for which no fee is provided balances of FIVE dollars or less at Serve 35.00 herein **Prepaid Deposit$100 the closing of the case will not be Return to Court 20.00 refunded. Serve Defendant(if required) 30.00 Fee 35.00 Plus Mileage* Service of Civil Process,Summons& Mailing, if any, actual cost of postage Reproduction of Documents Complaints,Summons&Petition,Small For Reproduction of Audio,Visual or l Redemption Photographic material,to include magnetic Claims Prepaid Deposit $100,00 **Prepaid Deposit $150.00 Microfilming, the Actual Costs PLUS Personnel Serve 35.00 Time Serve ONE Defendant 30.00 Certificate 60.00 Serve TWO or more same address 40.00 Postage Return to Court 20.00 Deed Actual Cost of Postage Notary Fee 10.00 Plus Mileage* Sheriff's Deed 65.00 OTHER SERVICES Dissolution/Parentage 35.00 Habeas Corpus,Writ of Criminal History Records Check Attachment,Writ **Prepaid Deposit $250.00 Internal Check Only 15.00 **Prepaid Deposit $300.00 Serve 35.00 Levy(per hour) 60.00 Executing Per Hour 60.00 Notarizing Documents Serve(each defendant) 40.00 Return 20.00 Fee 10.00 Recording with Auditor Replevin,Writ of Fingerprinting (when applicable) 25.00 **Prepaid Deposit $250.00 Non-criminal purpose each card 15.00 Plus Auditor's filing fee Return to Court 20.00 Serve 25.00 Concealed Pistol License Plus Mileage* Levy(per hour) 50.00 (All fees non-refundable) Return to Court 20.00 Original 49.25 Execution-Personal Property Plus Mileage* Renewal 32.00 **Prepaid Deposit $400.00 Late Renewal 42.00 Levy(per hour) 60.00 Restitution/Assistance, Eiectment, Replacement 10.00 Posting each Notice 55.00 5.00 Writ of Conducting Sale per Hour **prepaid Deposit $150.00 Laminating Bill of Sale each 60.00 Fee 2.00 (each) Service without Aid of County 60.00 Return to Court 20.00 Service with Aid of County 85.00 Serve Defendant 40.00 Cost Per Hour After First Hour 65.00 Harvest Permits Serve Notice 60.00 At time of completion/validation 20.00 Return to Court 20.00 Postponement Notice (each) 25.00 Plus Mileage* *** Public Records Reques Plus Mileage* ts 15 Mailing (actual cost of postage) *Mileage Fee Copies of documents(B/W) 9 Oversize or color copies 1.00 per pg Execution-Order of Sale Real Property EACH Mile actually and necessarily traveled in Color maps 5.00 sq ft going to or returning from any place of service Items sent to private copy shop **Prepaid Deposit $1000.00 or attempted service (Actual charge plus postage&delivery) If 6wk publication deposit of$2500.00 .66 Tapes or compact disc 5.00 each Minimum 10.00 Fax 1.00 per pg Levy Per Hour 60.00 #10 Envelopes .50 each Recording with Auditor 25.00 ** Postage and boxes Actual cost Fees deducted from deposit Electronic Records sent b Plus Auditor's filing fee y email .05 for four Conducting Sale (per hour) 55.00 electronic files of attachments,or.10 per gigabyte Certificate of Sale 60.00 Subpoena Paper Records converted to PDF .10 per pg Return to Court 20.00 ***10%deposit may be requested Posting of Notice (each) 25.00 Serve (each) 35.00 Postponement Notice (each) 25.00 Return to Court 20.00 Dog Licenses Mailing (actual cost of postage) Plus Mileage* Potential Dangerous New 50.00 Renew 25.00 Notarizing Documents Dangerous New 100.00 Fees allowable under this section may be Renew 50.00 recovered by the prevailing party Fee 10.00 Impound Fees Per Day 10.00 incurring the same as court costs to the extent provided by RCW 36.18.040(2). 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: 562 DATE: 8/3/2021 Agenda Item # g, 1D Commissioner staff to complete) BRIEFING DATE: 07/19/2021 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH18253 Amendment 22 Adds Statement of Work for: 1. Immunization &Child Profile: Adds 500.00 in funding. 2. Recreational Shellfish: Adds 1,750 in funding for Recreational Shellfish. Amends Statements of Work for: 1. Covid-19 Coordinated Response: Changes Report dates and extends funding period. 2. Emergency Preparedness & Response: 3. Office of Drinking Water Group A Program: Adds 26,000 in the Group A Drinking water program for ongoing work. BUDGET IMPACTS: The additional 28,250 in additional funding was Budgeted int the 2021 budget cycle and will be included in the 2022 budget. RECOMMENDED OR REQUESTED ACTION: Approve Amendment 22 CLH18253 Consolidated Contract with Department of Health. 7/21/2021 MASON COUNTY PUBLIC HEALTH 2018—2021 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH18253 AMENDMENT NUMBER: 22 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as "DOH",and MASON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LHJ", pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,attached and incorporated by this reference,are amended as follows: ® Adds Statements of Work for the following programs: • Office of Immunization&Child Profile Perinatal Hepatitis B -Effective July 1,2021 • Recreational Shellfish Activities -Effective July 1,2021 ® Amends Statements of Work for the following programs: • COVID-19 Coordinated Response-Effective July 1,2020 • Emergency Preparedness&Response COVID-19 Local CARES-Effective March 1,2020 • Office of Drinking Water Group A Program-Effective January 1,2018 ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-22 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-21 Allocations as follows: ® Increase of$28,250 for a revised maximum consideration of$5,058,047. ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C-18 Schedule of Federal Awards,attached and incorporated by this reference,amends and replaces Exhibit C-17. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of 27 AMENDMENT#22 2018-2021 CONSOLIDATED CONTRACT EXHIBIT A STATEMENTS OF WORK TABLE OF CONTENTS DOH Program Name or Title: COVID-19 Coordinated Response-Effective July 1,2020....................................................................................................................................... 3 DOH Program Name or Title: Emergency Preparedness&Response COVID-19 Local CARES -Effective March 1,2020.................................................................................. 16 DOH Program Name or Title: Office of Drinking Water Group A Program-Effective January 1,2018................................................................................................................. 19 DOH Program Name or Title: Office of Immunization&Child Profile Perinatal Hepatitis B-Effective July 1,2021 ...........................................................................................24 DOH Program Name or Title: Recreational Shellfish Activities-Effective July 1,2021.........................................................................................................................................26 Exhibit A,Statements of Work Page 2 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: COVID-19 Coordinated Response- Local Health Jurisdiction Name: Mason County Public Health Effective July 1.2020 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 3 Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) ®Reimbursement ❑ State ❑Other ®FFATA(Transparency Act) ❑Fixed Price Period of Performance: July 1,2020 through December 31,2021 ®Federal*Contractor ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide supplemental funding for the LHJ to ensure adequate culturally and linguistically responsive testing,investigation and contact tracing resources to limit the spread of COVID-19 NOTE: Pending execution of a new consolidated contract term or an extension to the 2018-2021 consolidated contracts which currently end December 31,2021,DOH plans to continue the task activities and funding as noted in the task(s)below in a new or revised statement of work effective January 1,2022. Revision Purpose: The purpose of this revision is to revise deliverable due dates,correct the BARS Revenue Code,move a portion of the funding to COVID-19 VACCINES,add a link for allowable activities under Program Specific Requirements,and update DOH Program Contact information for COVID-19 Vaccine Services-Task 3;update DOH Fiscal Contact information and add special language for DCHS COVID-19 Response-Task 1 and 2;and extend the funding period from April 20,2021 to July 20,2021 for MASS VACCINATION FEMA 100%-Task 4.This revision also includes a task funding guide for all tasks under Program Specific Requirements. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration None Consideration Code Code Start Date End Date BITV-COVID ED LHJ ALLOCATION-CARES 21.019 333.21.01 1897129V 07/01/20 12/31/21 351,672 0 351,672 FEMA-75 COVID LHJ ALLOCATION 97.036 333.97.03 1897129W 07/01/20 12/30/20 0 0 0 FFY21 COVID19 VACCINE SERVICES-CARES 93.268 333.93.26 74310209 07/01/20 12/31/21 369,385 -354,803 14,582 FFY21 COVID GFS LHJ REGIONAL N/A 334.04.92 1897211G 12/31/20 06/30/21 0 0 0 FFY20 ELC EDE LHJ ALLOCATION 93.323 333.93.32 1897120D 01/15/21 12/31/21 657,521 0 657,521 FFY19 ELC COVID ED LHJ ALLOCATION 93.323 333.93.32 1897129G 01/01/21 12/31/21 294,029 0 294,029 *MASS VACCINATION FEMA 100% 97.036 333.97.03 934VO200 01/21/21 07/20/21 0 0 0 COVID 19 VACCINES 93.268 1 333.93.26 74310229 07/01/20 12/31/21 0 354,803 354,803 TOTALS 1.672.607 0 1,672,607 Payment Task *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Amount Participate in public health emergency preparedness and response activities for COVID-19.This may include surveillance,epidemiology,laboratory capacity,infection control, mitigation,communications and or other preparedness and response activities for COVID-19. Examples of key activities include: • Incident management for the response Exhibit A,Statements of Work Page 3 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Standards/Measures Amount • Testing • Case Investigation/Contact Tracing • Sustainable isolation and quarantine • Care coordination • Surge management • Data reporting NOTE:The purpose of this agreement is to supplement existing funds for local health jurisdictions to carry out surveillance, epidemiology,case investigations&contact tracing, laboratory capacity,infection control,mitigation,communications,community engagement,and other public health preparedness and response activities for COVID-19. DCHS COVID-19 Response-Tasks i and 2—Unspent ELC funding can be carried forward into new contract term effective January 1,2022. 1 Establish a budget plan and narrative to be submitted to the Submit the budget plan Within 30 days of Reimbursement of Department of Health(DOH)Contract Manager. DOH will and narrative using the receiving any new actual costs send the"Budget narrative Template","Budget Guidance" template provided. award for DCHS incurred,not to and any other applicable documents that may be identified. COVID-19 Response exceed$1,303,222 tasks. total. DOH does recognize the public health response goes BITV- beyond December 2021 and authorizes local health COVI 72 jurisdictions the ability to maximize funding streams ALLOCATION- available EDIU L HJ available to them by using short term funding first to ALLOCATION- have longer term funding available to continue to CARES Funding support the local health jurisdiction response activities (MI 1897129V) beyond December 2021 as applicable. $657,521 FFY20 2 1) LHJ Active monitoring activities.In partnership with Data collected and Enter performance ELC EDE LHJ WA DOH and neighboring Tribes,the LHJ must ensure reported into DOH metrics daily into DOH ALLOCATION adequate culturally and linguistically responsive testing, systems daily. identified systems Funding investigation and contact tracing resources to limit the (MI 1897120D) spread disease.LHJs must conduct the following Quarterly performance Funding end date activities in accordance with the guidance to be provided reporting updates 713112023 by DOH. $294,029 FFY19 a. Allocate enough funding to ensure the following ELC COVID ED Contact Tracing and Case Investigation Support: LHJ Hire a minimum of 1.0 data entry FIE to assure ALLOCATION system requirements for task 2.1.a. Funding i. Contact tracing Enter all contact tracing (1VII 1897129G) 1. Strive to maintain the capacity to surge a data in CREST following Funding end date minimum of five(5)contact tracers for guidance from DOH. 1011812022 Exhibit A,Statements of Work Page 4 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount every 100,000 people in the jurisdiction,as needed,based on disease rates.DOH centralized investigations will count towards this minimum. 2. Have staff that reflect the demographic makeup of the jurisdiction and who can provide culturally and linguistically competent and responsive services.In addition,or alternatively,enter into an agreement(s)with Tribal,community- based and/or culturally-specific organizations to provide such services. DOH centralized investigations will count towards this minimum. 3. Ensure all contact tracing staff are trained in accordance with DOH investigative guidelines and data entry protocols. 4. Coordinate with Tribal partners in conducting contact tracing for Tribal members. 5. Ensure contact tracing and case investigations activities meet DOH case and Contact Tracing Metrics. (Metrics to be determined collaboratively by DOH, LHJs and Tribes.)Work with DOH to develop a corrective action plan if unable to meet metrics. 6. Perform daily monitoring for symptoms during quarantine period of contacts ii. Case investigation Enter all case 1. Strive to maintain the capacity to surge a investigation data in minimum of five(5)case investigators and WDRS-following contact tracers for every 100,000 people in guidance from DOH. the jurisdiction,as needed,based on disease rates.DOH centralized investigation will count toward this minimum. 2. Enter all case investigation and outbreak data in WDRS following DOH guidance. Exhibit A,Statements of Work Page 5 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount a) Strive to enter all case investigation and outbreak data into CREST as directed by DOH. b) Ensure all staff designated to utilize WDRS have access and are trained in the system. c) Include if new positive cases are tied to a known existing positive case or indicate community spread. d) Conduct case investigation and monitor outbreaks. e) Coordinate with Tribal partners in conducting case investigations for tribal members. 3. Ensure contact tracing and case investigation activities meet DOH Case and Contact Tracing Metrics.(Metrics to be determined collaboratively by DOH, LHJs,and Tribes.)Work with DOH to develop a corrective action plan if unable to meet metrics. b. Testing Maintain a current list of i. Work with partners and Tribes to ensure entities providing testing is available to every person within the COVID-19 testing and at jurisdiction meeting current DOH criteria for what volume.Provide testing and other local testing needs. reports to DOH Contract ii. Work with partners and Tribes to ensure manager on testing testing is provided in a culturally and locations and volume as linguistically responsive manner with an requested. emphasis on making testing available to disproportionately impacted communities and as a part of the jurisdiction's contact tracing strategy. iii. Maintain a current list of entities providing COVID-19 testing and at what volume. Provide reports to DOH on testing locations and volume as requested. c. Surveillance FTE support at a minimum of.5 FTE Epidemiologist to support daily reporting needs below. Exhibit A,Statements of Work Page 6 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount i. Ensure all COVID positive lab test results from LHJ are entered in to WDRS by 1)entering data directly in to WDRS,2)sending test results to DOH to enter,or 3)working with DOH and entities conducting tests to implement an electronic method for test result submission. ii. Maintain records of all COVID negative lab test results from the LHJ and enter into WDRS when resources permit or send test results to DOH. iii. Collaborate with Tribes to ensure Tribal entities with appropriate public health authority have read/write access to WDRS and CREST to ensure that all COVID lab results from their jurisdictions are entered in WDRS or shared with the LHJ or DOH for entry. d. Tribal Support. Ensure alignment of contact tracing Quarterly performance and support for patients and family by coordinating updates related to with local tribes if a patient identified as American culturally and linguistic Indian/Alaska Native and/or a member of a WA competency and tribe. responsiveness,tribal support,infection e. Support Infection Prevention and control for high- prevention and control for risk populations high-risk populations, i. Migrant and seasonal farmworker support. community education and Partner with farmers,agriculture sector and regional active monitoring farmworker service organizations to develop activities. Performance and execute plans for testing,quarantine and update should include isolation,and social service needs for migrant status of all projects and seasonal farmworkers. listed. ii. Congregate care facilities: In collaboration with the state licensing agency(DSHS), support infection prevention assessments, testing.Infection control and isolation and quarantine protocols in congregate care facilities. iii. High risk businesses or community-based operations. In collaboration with state licensing agencies and Labor and Industries, partner with food processing and manufacturing businesses to ensure adequate Exhibit A,Statements of Work Page 7 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount practices to prevent COVID-19 exposure, conduct testing and respond to outbreaks. iv. Healthcare: Support infection prevention and control assessments,testing,cohorting,and isolation procedures.Provide educational resources to a variety of healthcare setting types(e.g.,nursing homes,hospitals,dental, dialysis). v. Non-healthcare settings that house vulnerable populations:In collaboration with state corrections agency(DOC)and other state partners,support testing,infection control, isolation and quarantine and social services and wraparound supports for individuals living or temporarily residing in congregate living settings,including detention centers,prisons, jails,transition housing,homeless shelters, and other vulnerable populations. vi. Schools:In collaboration with OSPI and local health jurisdictions,support infection prevention and control and outbreak response in K-12 and university school settings. f. Ensure adequate resources are directed towards#.18 H2A housing facilities within communities,fishing industries and long-term care facilities to prevent and control disease transmission.Funds can be used to hire support staff,provide incentives or facility- based funding for onsite infection prevention efforts,etc. g. Community education. Work with Tribes and partners to provide culturally and linguistically responsive community outreach and education related to COVID-19. h. Establish sustainable isolation and quarantine Quarterly performance measures. updates to include name, i. Have at least one(1)location identified and address and capacity of confirmed through contract/formal agreement identified location that that can support isolation and quarantine can support isolation and adequate to the population for your jurisdiction I I quarantine-date of Exhibit A,Statements of Work Page 8 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount with the ability to expand;alternatively, exercise to be conducted establish with an adjacent jurisdiction a formal and confirmation of agreement to provide the isolation and appropriate planning and quarantine capacity adequate to the population coordination as required. for your jurisdiction with the ability to expand. ii. Conduct at least one(1)exercise per year with the identified isolation and quarantine site to include a minimum of.confirmation of wrap around services(food service/delivery,laundry service,water/septic,garbage,ambulance service,cleaning/sanitation),facility intake and discharge procedures,transport procedures, and staffing. iii. Planning must incorporate transfer or receipt of isolation and quarantine patients to from adjacent jurisdictions or state facilities in the event of localized increased need. iv. Planning must incorporate triggers and coordination to request state isolation and quarantine support either through mobile teams or the state facility to include site identification and access COVID-19 Vaccine Services-Task 3—will be extended through June 30,2022 in new contract term effective January 1,2022.Any unspent funds may be carried forward. 3.A Identify activity/activities to support COVID vaccine Summary of the January 31,Annually Reimbursement of response in your community,using the examples below as a engagement strategies to actual costs guideline. be used with health care incurred,not to Example 1:Develop and implement communication providers and other exceed: strategies with health care providers,community,and/or partners,and the locally other partners to help build vaccine confidence broadly and identified population to be $14,582$369,385 among groups anticipated to receive early vaccination,as reached. FFY21 COVID19 well as dispel vaccine misinformation.Document and VACCINE provide a plan that shows the communication strategies used SERVICES-CARES with health care providers and other partners and the locally Funding identified population anticipated to reach. (MI 74310209) Example 2:Engage in other vaccination planning activities $354,803 COVID 19 such as partnership development,provider education, VACCINES Funding vaccination point of dispensing(POD)planning,tabletop (MI 74310229) exercises,engagement with communities,leaders,non- Exhibit A,Statements of Work Page 9 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount traditional provider,or vulnerable populations to develop strategies to ensure equitable access to vaccination services 3.13 Implement the communication strategies or other activities, Mid-term written report " reh 31 June 30, working with health care providers and other partners to describing Annually reach the locally identified population,support providers in activity/activities and vaccination plans,and support equitable access to progress made to-date and vaccination services. strategies used(template to be provided 3.0 Catalog activities and conduct an evaluation of the strategies Final written report, June 30 December 31, used showing the strategies Annually used and the final progress of the reach (template to beprovided) Regional Incident Management Team(IMT)Mass Vaccination Clinics—Task 4 *NOTE:Task 4 activities for Mass Vaccination Clinics *Reimbursement of eligible costs. in this statement of work are NOT CONSIDERED SUBRECIPIENT but are as a CONTRACTOR of DOH. MASS DOH reimbursement provided for local mass VACCINATION vaccination clinic(see definition below)planning, FEMA 100% implementation and operations in coordination between Funding Unified Command and the Regional IMT to administer (MI 934V0200) the vaccine as efficiently,quickly,equitably,and safely in all regions of Washington State. State Supported, (Sec Program Regionally Coordinated,Locally Implemented. Specific Requirements for Definition:Mass vaccination clinics defined as those Mass Vaccination outside of the usual healthcare delivery.method such as Task 4 below) pop-up clinics,mobile clinics,non-clinical facility (fairgrounds,arenas,etc.). Leaders Intent about this work from DOH is included as an attachment. Guidance on vaccination protocols must be followed as provided by DOH and CDC. Exhibit A,Statements of Work Page 10 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Stand a rds/Measu res Amount 4.A Local health jurisdiction(LHJ)will coordinate planning and Submit to DOH a mass Within 30 days of implementation of mass vaccination clinics/sites provided vaccination plan contract amendment within the county(s)with a regional incident management including: execution. team/organization as approved by DOH. • type of site, • site locations, Request for regional 1MT should be submitted through the • throughput, normal process through WebEOC. • considerations made to ensure Local health jurisdiction is the coordinating agency for the equity to mass vaccination plan within the county. historically marginalized Regional IMT will be under the delegation authority of populations, DOH and they are to provide support and coordination for . and to the extent all efforts around vaccine planning,resource support and possible a general guidance and information sharing in order to regional map of regionally coordinate efforts. Local jurisdictions will sites/locations. maintain all decisional authority around vaccination planning and execution within their jurisdiction/district. Provide any information as requested by the regional IMT. 4.13 Funding for eligible Mass Vaccination activities are Submit estimated budget Within 30 days of reimbursed on actual costs as outlined in the DOH guidance for the mass vaccination contract amendment to provide the services and to carry out the mission.Funding plan. execution. will be dependent on full participation in the LIU and IMT processes and all documentation will be required to be Monthly Cost Summary Monthly provided to fully close out funding requests by the end of Spreadsheet to the the mission period of performance. IMT/IMO by the fifth of the following month. Allowable costs include expenses such as facility rentals, staff to conduct planning,management,support and operation of the site,medical personnel for vaccinations,site security personnel,wrap around services for staff(meals, travel,lodging),equipment(which must be pre-approved by IMT/DOH if it exceeds$5,000 each),supplies for vaccinations and site operation.LHJs should provide narratives to help assist IMT and DOH finance know what expenditures were necessary to carry out the mission. Exhibit A,Statements of Work Page 11 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount 4.0 Vaccination data—will be maintained according to current Submission of vaccine Daily state and federal requirements. use into WA IIS database within 24hrs of use. Vaccine Registration Systems—If a local jurisdiction or Jurisdiction/Regions will region does not have a registration system(s)the include ensure a fair and equitable internet based,phone option and other methods to ensure process for registration of equitable registration,the state PrepMod system and tools eligible Washingtonians will be available for use. across all available modalities. 4.1) Regularly report on vaccinations sites and operational Provide monthly situation Monthly activities(number of vaccinations,personnel to operate the report to IMT/1MO on site,challenges,successes to share for learning across the status of implementation public health system). of mass vaccination plan, or more frequently if that is the LHJ procedure. Sites operating for the time period,vaccines administered by site for the time period,estimated costs for the time period, any challenges/successes of note,including assistance requested. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http•//www phaboard orgLW content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Special Requirements Federal Funding Accountability and Transparency Act(FFATA) This statement of work 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 the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Exhibit A,Statements of Work Page 12 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Program Specific Reguirements/Narrative BITV-COVID ED LHJALLOCATION-CARES DCHS COVID-19 Response- Tasks I and 2 FFY19 EL COVID ED LHJ A LL OCA TION FFY20 ELC EDE LHJALLOCATION FFY21 COVID 19 VACCINE SERVICES-CARES COVID-19 Vaccine Services- Task 3 COVID 19 VACCINES Regional Incident Management Team(IMT)Mass Vaccination Clinics—Task 4 MASS VACCINATION FEMA 100% DCHS COVID-19 Response-Tasks 1 and 2 Restrictions on Funds:Indirects are NOT allowable for CARES funding from September 2,2020 forward—LHJ can charge administrative activities as direct costs but not incur indirects from September 2,2020 through December 30,2020 for activities funded with CARES funds(COVID LOCAL CARES-COVID LHJ OFM ALLOCATION-CARES,BITV-COVID ED LHJ ALLOCATION-CARES,FEMA-75 COVID LHJ ALLOCATION) o Since the federal guidance was not updated until September 2,2020,DOH understands that indirects could be charged from March—August 2020. Payment: Upon approval of deliverables and receipt of an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of the budget will not be accepted or approved. Submission of Invoice Vouchers: The LHJ shall submit correct monthly A19-IA invoice vouchers for amounts billable under this statement of work to DOH by the 251 of the following month or on a frequency no less often than quarterly. COVID-19 Vaccine Services-Task 3—allowable activities https:llwww doh wa zovIPortalslilDocumentsl92401AIlowableUseFedOpsFunds.ndf Mass Vaccination—Task 4 Program Manual,Handbook,Policy References Emergency Response Plan(or equivalent) Medical Countermeasure/Mass Vaccination Plan Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.): Non-mass vaccination efforts are not allowable through this funding stream. Duplication of billing(sending request for reimbursement)to entities outside of this agreement is prohibited. Indirect rates are not applicable to these funds. Special References(RCWs,WACs,etc.) County Health Emergency Documentation if applicable Monitoring Visits(frequency,type): Occasional visits from DOH or IMT/IMO personnel for the purpose of monitoring and surveillance of mass vaccination activities may be expected. Exhibit A,Statements of Work Page 13 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Definitions Mass vaccination clinic are those outside of the usual healthcare delivery methods such as pop-up clinics,mobile clinics,non-clinical facility clinics(i.e.,fairgrounds,arenas,etc.). Special Billing Requirements: Monthly invoices must be submitted timely to the regional IMT/Organization for review/approval prior to submission to DOH for reimbursement. Contract(MI)Code:934VO200 General Mass Vaccination BARS Revenue Code:333.97.03 Mass Vaccination Reimbursement Special Instructions: The LHJ is considered a CONTRACTOR of DOH not a subrecipient for this portion of the statement of work. An allocation of funds is not provided as these FEMA funds are only available as reimbursement of costs associated with implementation of the mass vaccination plan. Detailed documentation must be maintained as directed by the regional IMT/Organization and DOH to substantiate costs associated with these activities for submission to FEMA upon request by DOH. Eligible costs from the timeframe of January 21,2021 through July 20, 2021 include facility rentals,medical and support staff for planning,management,support, and operations;as well as wrap-around services for staff(i.e.,meals,travel,lodging).Regular and overtime pay associated with this project is allowable for all staffworking under this project and must be billed as a direct charge;timesheets are required documentation and must be available upon request by DOH.Indirect rates are not applicable to these funds.Eligible equipment includes facility infection control measures,personal protective equipment(PPE),storage equipment,coolers,freezers,temperature monitoring devices, portable vaccine units for transportation,supplies such as emergency medical supplies(for emergency medical care needs that may arise in the administration of the vaccine), containers for medical waste,as well as proper storage as needed for canisters of liquid nitrogen or dry ice.Eligible equipment purchase costs should not exceed$5,000 per piece. Equipment over$5,000 a piece must be preapproved by the 1MT and should be leased rather than purchased.Any diversion from the list of pre-approved expenses will require a narrative on the purchase rationale and will be subject to MIT approval prior to reimbursement.Timesheets are required documentation for all activities related to this project.Staff time-in/time-out must be recorded,as well as a brief description of their activities.A general description of activities is acceptable for those working at the vaccine site;more detailed/specific description is required for those not working at the vaccine site. DOH Program Contact Alyssa Lavin,LHJ Contract Manager DOH,PHOCIS 1610 NE 150d'St,Shoreline,WA 98155 alyssa.lavin(@doh.wa.gov//360-236-3273 TOM BMV GG!gD - 7 hJ 9 N G4 DDQ L:....,.1/',,.. et LT sks 1 1 71 c �cnv i--s�c[rc-cvrrr�rcr-r-�-a Sheri --- DOHBITV-COVID ED LHJAllocadon-CARES and DOH ELC Allocation Fiscal Contact(Tasks 1 and 2) Christie Durkin DOH,Office of Program Financial Management PO Box 47840,Olympia,WA 98504-7841 Ph:360-236-4235/christie.durkinaa.doh.wa.gov Exhibit A,Statements of Work Page 14 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 DOH COVIDI9 Vaccine Services Program Contacts(Task 3) Tawney Harper,MPA Sonja Morris, COVID-19 Deputy Director I Operations Manager GDG Publie Keafth4dvise Operations Supervisor Office of Immunization and Child Profile Enhanced Influenza and COVID-19 Response Department of Health De parinteni oweakk Office of Immunization and Child Profile PO Box 47843,Olympia WA 98504-7843 Department of Health tawney.harpere,doh.wa.gov/360-236-3525 3674 PO Box 47843,Olympia,WA 98504-7843 sonja.morrisQdoh.wa.eov/360-236-3545 DOH General Mass Vaccination Program and Fiscal Contact(Task 4) Patrick Plumb Janice Baumgardt COVID FEMA Project Management Analyst Financial Operations Manager Washington State Department of Health Washington State Department of Health Office of Financial Services Office of Financial Services 111 Israel Road SE,Tumwater,WA 98501 111 Israel Road SE,Tumwater,WA 98501 patrick.plumbna,doh.wa.gov//(360)236-4291 janice.baumgardt@doh.wa.gov/(360)236-4505 Exhibit A,Statements of Work Page 15 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Emergency P=aredness&Response COVID-19 Local Local Health Jurisdiction Name: Mason County Public Health CARES-Effective March 1.2020 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 2 Funding Source Federal Compliance e of Payment T ®Federal Subrecipient (check if applicable) Reimbursement Period of Performance: March 1.2020 through December 31,2021 El State ®FFATA(Transparency Act) ❑One-Time ❑Other ❑Research&Development Distribution Statement of Work Purpose: The purpose of this statement of work is to provide additional funding to supplement existing funds for LHJs to prevent,prepare for,and respond to the COVID-19 disease outbreak. Revision Purpose: The purpose of this revision is to extend the period of performance from July 31,2021 to December 31,2021,extend the end of the funding period from June 30,2021 to December 31,2021,and add report(deliverables)due dates. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration None Consideration Code Code Start Date End Date COVID LHJ OFM Allocation-CARES 21.019 333.21.01 934EO200 03/01/20 12/31/21 1,389,600 0 1,389,600 TOTALS 1,389,600 0 1,389,600 Task *May Support PHAB Payment Information Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame and/or Amount 1 Federal Funds Complete Federal Funding September 30,2020 Reimbursement for Participate in public health emergency Certification(provided by actual costs not to preparedness and response activities for DOH). exceed total funding COVID-19.This may include surveillance, consideration amount. epidemiology,laboratory capacity,infection Activity report(s)on template September 30,2020 control,mitigation,communications,and or other to be provided DOH. October 31,2020 preparedness and response activities for November 30,2020 COVID-19. December 31,2020 January 30,2021 The CARES Act(Coronavirus Relief Fund) February 28,2021 provides that payments from the Fund may only be March 31,2021 used to cover costs that: April 30,2021 1. Are necessary expenditures incurred due to the May 31,2021 public health emergency with respect to the June 30,2021 Coronavirus Disease 2019(COVID-19); July 31,2021 August 31,2021 Exhibit A,Statements of Work Page 16 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 2. Were not accounted for in the budget most September 30, 2021 recently approved as of March 27,2020(the October 31, 2021 date of enactment of the CARES Act)for the November 30,2021 State or government;and; December 31, 2021 3. Were incurred during the period that begins on March 1,2020 and ends on J u.:c--�0, _021 Final Report: December 31, 2021. July 30L,2021 January 31, 2022. The guidance on the Department of the Treasury's This report will reflect interpretation of these limitations on the costs incurred through permissible use of Fund payments can be found at December 31,2021. No this link: billable costs are allowed after December 31, 2021. Coronavirus Relief Fund I U.S. Department ofthe Frequency and due dates Treasury of reports may change based on federal DOH will provide additional guidance and requirements.DOH will technical assistance. notify LHJ of any changes via email. Note: The purpose of this agreement is to supplement A final activity report is existing funds for local health jurisdictions to required prior to DOH carry out surveillance,epidemiology,case releasing the final amount investigations and contact tracing,laboratory of funding. capacity,infection control,mitigation, communications,community engagement,and other public health preparedness and response activities for COVID-19. Existing funds for COVED-19 public health response activities may not be displaced by these funds and reallocated for other organizational expenses.No funds from this agreement shall be used to supplant existing federal,state or local funds nor any funding allocations or commitments made before August 31,2020. DOH does recognize the public health response goes beyond December 2020 and authorizes local health jurisdictions the ability to maximize funding streams available to them by using short term funding first to have longer term funding available to continue to support the local health jurisdiction response activities beyond December 2020 as applicable. Exhibit A,Statements of Work Page 17 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: hgp://wwwphaboard orgLW-content/uploads/PHAB-Standards-and-Measures-Version-l.Q.Pdf Pronram Specific Requirements/Narrative Deliverables are to be submitted to the ConCon deliverables mailbox at concondeliverablesCa oh.wa gov Special Requirements Federal Fundine Accountability and Transparency Act(FFATA) This statement of work 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 the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc) Please reference the Code of Federal Regulations: h=s//www ecfr eov/cgi bin/retrieveECFR?gp-1&SfD=58ffddb5363a27f26e9dl2ccec462549&iy=HTyIL&h=L&mcrtrue&r=PART&n=pt2.1.200#se2.1.200 1439 Allowable Activities See information about allowable activities at US Department of the Treasury— : Coronavirus Relief Fund: is-sues4eams4�e and lee Coronavirus ReliefFund I U.S. Department of the Treasury DOH Program Contact Tory Henderson,Contracts&Finance Specialist Department of Health P O Box 47960,Olympia,WA 98504-7960 Mobile 360-789-7262/toryhenderson@doh.wa.gov Exhibit A,Statements of Work Page 18 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Office of Drinking Water Group A Program- Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2018 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 9 Funding Source Federal Compliance Tirpe of Payment ®Federal Contractor (check if applicable) o Reimbursement Period of Performance: January 1,2018 through December 31.2021 ® State ❑FFATA(Transparency Act) ®Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems. Revision Purpose: The purpose of this revision is to move unspent funding for Sanitary Survey and Technical Assistance from Yr 22 to Yr 23;to provide additional Sanitary Survey and Technical Assistance funding in Year 23;revise previous Amendment distribution between Yr 23 SS and SS State;and revise Special Billing Requirements and Special Instructions. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Yr 20 SRF-Local Asst 15% S SS N/A 346.26.64 24139220 01/01/18 12/31/18 0 0 0 Sanitary Survey Fees O-SW) SS-State N/A 346.26.65 24232522 01/01/18 12/31/20 34,200 23,200 57,400 Yr 20 SRF-Local Asst 15% S TA N/A 346.26.66 24139220 01/01/18 12/31/18 0 0 0 Yr 21 SRF-Local Asst 15% S SS N/A 346.26.64 24139221 01/01/18 06/30/19 11,200 0 11,200 Yr 21 SRF-Local Asst 15% S TA N/A 346.26.66 24139221 01/01/18 06/30/19 0 0 0 Yr 22 SRF-Local Asst 15% O-SW)SS N/A 346.26.64 24239222 01/01/19 12/31/20 23,000 -11,200 11,800 Yr 22 SRF-Local Asst 15% O-SW)TA N/A 346.26.66 24239222 01/01/19 12/31/20 4,000 -4 000 0 Yr 23 SRF-Local Asst 15% O-SW)SS N/A 346.26.64 24239223 01/01/21 12/31/21 22,400 12,000 34,400 Yr 23 SRF-Local Asst 15% O-SW)TA 1 346.26.66 24239223 O1/O1/21 12/31/21 2,000 6,000 8,000 TOTALS 96 800 26 000 122 800 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Standards/Measures Frame 1 Trained LHJ staff will conduct Provide Final*Sanitary Final Sanitary Upon ODW acceptance of the Final sanitary surveys of small community Survey Reports to ODW Survey Reports Sanitary Survey Report,the LHJ shall be and non-community Group A water Regional Office.Complete must be received by paid$400 for each sanitary survey of a non- systems identified by the DOH Office Sanitary Survey Reports the ODW Regional community system with three or fewer of Drinking Water(ODW)Regional shall include: Office within 30 connections. Office. I calendar days of Exhibit A,Statements of Work Page 19 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Standards/Measures Frame 1. Cover letter identifying conducting the Upon ODW acceptance of the Final See Special Instructions for task significant deficiencies, sanitary survey. Sanitary Survey Report,the LHJ shall be activity. significant findings, paid$800 for each sanitary survey of a non- observations, community system with four or more recommendations,and connections and each community system. referrals for further ODW follow-up. Payment is inclusive of all associated costs 2. Completed Small Water such as travel,lodging,per diem. System checklist. 3. Updated Water Payment is authorized upon receipt and Facilities Inventory acceptance of the Final Sanitary Survey (WFI). Report within the 30-day deadline. 4. Photos of water system with text identifying Late or incomplete reports may not be features accepted for payment. 5. Any other supporting documents. *Final Reports reviewed and accepted by the ODW Regional Office. 2 Trained LHJ staff will conduct Provide completed SPI Completed SPI Upon acceptance of the completed SPI Special Purpose Investigations(SPI) Report and any supporting Reports must be Report,the LHJ shall be paid$800 for each of small community and non- documents and photos to received by the SPI. community Group A water systems ODW Regional Office. ODW Regional identified by the ODW Regional Office within 2 Payment is inclusive of all associated costs Office. working days of the such as travel,lodging,per diem. service request. See Special Instructions for task Payment is authorized upon receipt and activity. acceptance of completed SPI Report within the 2 working day deadline. Late or incomplete reports may not be accepted for payment. Exhibit A,Statements of Work Page 20 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Standards/Measures Frame 3 Trained LHJ staff will provide direct Provide completed TA Completed TA Upon acceptance of the completed TA technical assistance(TA)to small Report and any supporting Report must be Report,the LHJ shall be paid for each community and non-community documents and photos to received by the technical assistance activity as follows: Group A water systems identified by ODW Regional Office. ODW Regional • Up to 3 hours of work: $250 the ODW Regional Office. Office within 30 • 3-6 hours of work:$500 calendar days of . More than 6 hours of work: $750 See Special Instructions for task providing technical activity. assistance. Payment is inclusive of all associated costs such as consulting fee,travel,lodging,per diem. Payment is authorized upon receipt and acceptance of completed TA Report within the 30-day deadline. Late or incomplete reports may not be acce ted for payment. 4 LHJ staff performing the activities Prior to attending the Annually LHJ shall be paid mileage,per diem, under tasks 1,2 and 3 must have training,submit an lodging,and registration costs as approved completed the mandatory Sanitary "Authorization for Travel on the pre-authorization form in accordance Survey Training. (Non-Employee)"DOH with the current rates listed on the OFM Form 710-013 to the ODW Website See Special Instructions for task Program Contact below for b=://www.ofm.wa.gov/resources/travel.asp activity. approval(to ensure that enough funds are available). *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http•//www phaboard org/yX-content/ulloads/PHAB-Standards-and-Measures-Version-1.O.Rdf Program Specific Requirements/Narrative Special References(RCWs,WACs,etc) Chapter 246-290 WAC is the set of rules that regulate Group A water systems. By this statement of work,ODW contracts with the LHJ to conduct sanitary surveys(and SPIs,and provide technical assistance)for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys(and SPIs,and provide technical assistance)for small community and non-community water systems with surface water sources,large water systems,and systems with complex treatment. LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work.See special instructions under Task 4,below. Exhibit A,Statements of Work Page 21 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Special Billing Requirements The LHJ shall submit quarterly invoices within 30 days following the end of the quarter in which work was completed,noting on the invoice the quarter and year being billed for. Payment cannot exceed a maximum accumulative fee of$90,800 $114,800 for Task 1,and 86;000$8,000 for Task 2,Task 3 and Task 4 combined during the contracting period,to be paid at the rates specified in the Payment Method/Amount section above. When invoicing for sanitary surveys bill half to BARS Revenue Code 346.26.64 and half to BARS Revenue Code 346.26.65. When invoicing for Task 1,submit the list of WS Name,ID#,Amount Billed,Survey Date and Letter Date that you are requesting payment. When invoicing for Task 2-3,submit the list of WS Name,ID#,TA Date and description of TA work performed,and Amount Billed. When invoicing for Task 4,submit receipts and the signed pre-authorization form for non-employee travel to the ODW Program Contact below and a signed A19-1A Invoice Voucher to the DOH Grants Management,billing to BARS Revenue Code 346.26.66 under Technical Assistance(TA). Special Instructions Task 1 Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW.Detailed guidance is provided in the Field Guide for Sanitary Surveys, Special Purpose Investigations and Technical Assistance(Field Guide).The sanitary survey will include an evaluation of the following eight elements:source;treatment;distribution system;finished water storage;pumps,pump facilities and controls;monitoring,reporting and data verification;system management and operation;and certified operator compliance. If a system is more complex than anticipated or other significant issues arise,the LHJ may request ODW assistance. • No more than 0 surveys of non-community systems with three or fewer connections to be completed between January 1,2018 and December 31,2018. • No more than 28 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2018 and December 31,2018. • No more than 10 surveys of non-community systems with three or fewer connections to be completed between January 1,2019 and December 31,2019. • No more than 29 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2019 and December 31,2019. • No more than 14 surveys of non-community systems with three or fewer connections to be completed between January 1,2020 and December 31,2020. • No more than 21 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2020 and December 31,2020. • No more than 818 surveys of non-community systems with three or fewer connections to be completed between January 1,2021 and December 31,2021. • No more than 24 49 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2021 and December 31,2021. The process for assignment of surveys to the LHJ,notification of the water system,and ODW follow-up with unresponsive water systems;and other roles and responsibilities of the LHJ are described in the Field Guide. Task 2 Trained LHJ staff will perform Special Purpose Investigations(SPIs)as assigned by ODW. SPIs are inspections to determine the cause of positive coliform samples or the cause of other emergency conditions.SPIs may also include sanitary surveys of newly discovered Group A water systems.Additional detail about conducting SPIs is described in the Field Guide.The ODW Regional Office must authorize in advance any SPI conducted by LHJ staff. Task 3 Trained LHJ staff will conduct Technical assistance as assigned by ODW.Technical Assistance includes assisting water system personnel in completing work or verifying work has been addressed as required,requested,or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide.The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system. Exhibit A,Statements of Work Page 22 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task 4 LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work.LHJ staff performing the activities under tasks 1, 2 and 3 must have completed,with a passing score,the ODW Online Sanitary Survey Training and the ODW Sanitary Survey Field Training.LHJ staff performing activities under tasks 1,2,and 3 must attend the Annual ODW Sanitary Survey Workshop,and are expected to attend the Regional ODW LHJ Drinking Water Meetings. If required trainings,workshops or meetings are not available,not scheduled,or if the LHJ staff person is unable to attend these activities prior to conducting assigned tasks,the LHJ staff person may,with ODW approval,substitute other training activities to be determined by ODW.Such substitute activities may include one-on-one training with ODW staff,co-surveys with ODW staff,or other activities as arranged and pre-approved by ODW.LHJ staff may not perform the activities under tasks 1,2,and 3 without completing the training that has been arranged and approved by ODW. Program Manual,Handbook,Policy References hfti)://www.doh.wa.i!ov/Portals/l/Documents/Pubs/331-486.vd DOH Program Contact DOH Fiscal Contact Denise Miles Marcea Kato DOH Office of Drinking Water DOH Office of Drinking Water 243 Israel Rd SE 243 Israel Rd SE Tumwater,WA 98501 Tumwater,WA 98501 Denise.Miles(@doh.wa.gov Marcea.KatoOa doh.wa.gov (360)236-3028 (360)236-3094 Exhibit A,Statements of Work Page 23 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT 422 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Office of Immunization&Child Profile Perinatal Local Health Jurisdiction Name: Mason County Public Health Hepatitis B-Effective July 1,2021 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) ®Reimbursement ❑ ❑ Period of Performance: July 1,2021 through December 31,2021 State ®FFATA(Transparency Act) Fixed Price❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to define required Perinatal Hepatitis B activities,deliverables,and funding. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY22 PPHF OPS 93.268 333.93.26 74310216 07/01/21 12/31/21 0 500 500 TOTALS 0 500 500 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount The total funding allocation for this statement of work is intended to cover the time period of July 1,2021 through June 30,2022. A new statement of work will be included in the next consolidated contract term beginning January 1,2022 through June 30,2022. Any unspent funds will be carried forward into that new contract term. 1 1. In coordination with hospitals,health care Enter information for each case By the last day of each Reimbursement for providers,and health plans(if applicable), identified into the Perinatal month actual costs incurred, conduct activities to prevent perinatal hepatitis Hepatitis B module of the not to exceed total B infection in accordance with the Perinatal Washington Immunization funding consideration Hepatitis B Prevention Program Guidelines, Information System amount. including the following: • Identification of hepatitis B surface antigen(HBsAG)-positive pregnant women and pregnant women with unknown HBsAg status. • Reporting of HBsAg-positive women and their infants. • Case management for infants born to HBsAg-positive women to ensure administration of hepatitis B immune Exhibit A,Statements of Work Page 24 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount globulin(HBIG)and hepatitis B vaccine within 12 hours of birth,the completion of the 3-dose hepatitis B vaccine series,and post vaccination serologic testing. 2. Provide technical assistance to birthing hospitals to encourage administration of the hepatitis B birth dose to all newborns within 12 hours of birth,in accordance with Advisory Committee on Immunization Practices(ACID) recommendations. 3. Report all pernatal hepatitis B investigations, including HBsAg-positive infants,in the Perinatal Hepatitis B Module of the Washington State Immunization Information System. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: hM://www phaboard org/wp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.ndf Program Specific Reauirements/Narrative • Tasks in this statement of work may not be subcontracted without prior written approval from DOH OICP. Special Requirements Federal Fundine Accountability and Transparency Act(FFATA) This statement of work 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 the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LIU and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. DOH Contract Manager DOH Program Manager Tawney Harper,MPA Anna McAllister Deputy Director I Operations Manager Perinatal Hepatitis B Coordinator Office of Immunization and Child Profile Vaccine Preventable Diseases Department of Health Department of Health PO Box 47843,Olympia WA 98504-7843 1610 NE 10511'Street,Shoreline,WA 98155 tawngy.hgMerQdoh.wa.gov,360-236-3525 anna.mcallisterna.doh.wa.gov,3604894214 Exhibit A,Statements of Work Page 25 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Recreational Shellfish Activities- Local Health Jurisdiction Name: Mason County Public Health Effective July 1,2021 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance TMpe of Payment ❑Federal<Select One> (check if applicable) QSI Reimbursement ®State ❑FFATA(Transparency Act) ❑Fixed Price Period of Performance: July 1.2021 through December 31,2021 ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funds for shellfish harvesting safety. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Rec.Shellfish/Biotoxin N/A 334.04.93 26402600 07/01/21 12/31/21 0 1,750 1,750 TOTALS 0 1,750 1750 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount 1 Biotoxin Monitoring Submit report on DOH approved Email Report to DOH by: $1,600 • Collect samples on schedule according to format of activities for the year, December 31,2021 Department of Health(DOH)Biotoxin including the number and names Monitoring Plan,coordinate deviations from the of beaches posted for (See Special Instructions schedule with DOH,notify DOH in advance if classification. below.) samples cannot be collected. • Post/remove recreational shellfish warning and/or classification signs on beaches and restock cages as needed. • This may also include recruiting,training,and coordination of volunteers,and fuel reimbursement funds for volunteer biotoxin monitoring. 2 Outreach Submit report including the Email Report to DOH by: $150 • Staff educational booths at local events. number of events staffed,and December 31,2021 • Distribute safe shellfish harvesting information. amount of educational materials distributed. (See Special Instructions below. Exhibit A,Statements of Work Page 26 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 AMENDMENT#22 *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http//www phaboard ore1wp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Program Specific Reg uirem ents/Na rrative Program Manual,Handbook,Policy References Department of Health's Biotoxin Monitoring Plan Special References(RCWs,WACs,etc) Chapter 246-280 WAC http•//www doh wa gov/CommuniiyandEnvironment/Shellfish/RecreationalShelIfish http•//www doh wa g_ov/AboutUs/ProgramsandServices/EnvironmentalPublicHealth/EnvironmentalHealtliandSafety/ShellfishProgram/Biotoxins Special Instructions Report for work done the previous year must be submitted via email to Liz Maier by December 31,2021. The report format will be provided by DOH and may be modified throughout the period of performance via email announcement. DOH Program Contacts: Liz Maier,Office of Environmental Health and Safety,PO Box 47824,Olympia WA 98504-7824;360.236.3308; liz.maierp—doh.wa.gov Kristy Warner Office of Environmental Health and Safes PO Box 47824 Olympia WA 98504-7824.360.701.7537,kristy.warner@doh.wa.gov DOH Fiscal Contact:Taylor Warren,Office of Financial Management;PO Box 47850,Olympia,WA 98504-7850;360.236.3348;taylor.warrengdoh.wa.eov Exhibit A, Statements of Work Page 27 of 27 Contract Number CLH18253-22 Revised as of May 14,2021 EXHIBIT B-22 Mason County Public Health ALLOCATIONS Contract Number. CLH18253 Contract Term:2018-2021 Date: May 14,2021 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total BITV-COVID Ed LHJ Allocation-CARES NGA Not Received Amd 19,22 21.019 333.21.01 07/01/20 12/31/21 07/01/20 12/31/21 $263,754 $351,672 $351,672 BITV-COVID Ed LHJ Allocation-CARES NGA Not Received Amd 17,19,22 21.019 333.21.01 07/0120 12/31/21 07/01/20 12/31/21 $87,918 COVID LHJ OFM Allocation-CARES NGA Not Received Amd 17,19,22 21.019 333.21.01 03/0120 12/3121 03/0120 12/31/21 $1,389,600 $1,389,600 $1,389,600 SS Community Outreach PN NGA Not Received Amd 18,21 21.019 333.21.01 07/0120 06/30/21 07/01/20 06/30/21 $20,000 $20,000 $20,000 NEP 5-6 Onsite Sewage Management OOJ88801 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $10,904 $85,330 $85,330 NEP 5-6 Onsite Sewage Management OOJ88801 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $74,426 PS SSI 1-5 OSS Task 4 OIJ18001 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 ($13,337) $86,541 $86,541 PS SSI 1-5 OSS Task 4 OIJ18001 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 ! $99,878 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 Amd 2 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $9,062 $28,979 $28,979 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 N/A 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $19,917 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Amd 5 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $888 $49,341 $49,341 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Amd 4 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $48,453 FFY20 PHEP BP2 LHJ Funding NTJ90TP922043 Amd 18 93.069 333.93.06 07/0120 06/30/21 07/01/20 06/30/21 $19,737 $49,342 $98,684 FFY20 PHEP BP2 LHJ Funding NU90TP922043 Amd 17,18 93.069 333.93.06 07/0120 06/30/21 07/01/20 06/30/21 $29,605 FFY19 PHEP BPI LHJ Funding NU90TP922043 Amd 10 93.069 333.93.06 07/01/19 06/30/20 07/01/19 06/3020 $49,342 $49,342 FFY20 Overdose Data to Action Prev NU17CE925007 Amd 17,19 93.136 333.93.13 09/0120 08/31/21 09/0120 08/31/21 $50,000 $50,000 $100,000 FFY19 Overdose Data to Action Prev NU17CE925007 Amd 11 93.136 333.93.13 09/01/19 09/31/20 09/01/19 08/31/20 $50,000 $50,000 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 8 93.136 333.93.13 09/01/18 09/31/19 09/01/18 08/31/19 $35,000 $110,000 $173,027 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 4 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $75,000 FFY17 Prescription Drug OD-Supp U17CE002734 Amd 2 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $29,627 $63,027 FFY17 Prescription Drug OD-Supp U17CE002734 N/A 93.136 333.93.13 01/01/19 09/31/18 09/01/17 08/31/18 $33,400 FFY17Increasing Immunization Rates NH231P000762 Amd.3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $5,600 $5,600 $5,600 FFY22 PPHF Ops NGA Not Received Amd 22 93.268 333.93.26 07/0121 12/3121 07/01/21 12/3121_,1, $500 S500 $2,000 FFY21 PPHF Ops NH231P922619 Amd 18 93.268 333.93.26 07/0120 06/30/21 07/0120 06/3021 $250 $500 FFY21 PPHF Ops NH231P922619 Amd 16,18 93,268 333.93.26 07/0120 06/3021 07/0120 06/3021 $250 FFY20 PPHF Ops NH231P922619 Amd 9 93.268 333.93.26 07/01/19 06/3020 i 07/01/19 06/3020 $500 $500 FFY17 PPHF Ops NH231P000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19+07/01/18 06/30/19 $500 $500 FFY17317Ops 5NH23IP000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06130/18 . $1,423 $1,423 $1,423 Page 1 of 4 EXHIBIT B-22 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2021 Date: May 14,2021 Indirect Rate as of January 2018:13.71 Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total FFY17 AFIX 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $4,293 $4,293 $4,293 FFY21 COVIDI9 Vaccine Services-CARES NH231P922619 Amd 22 93.268 333.93.26 07/O1/20 12/31/21 07/01/20 12/31/21 ($354,803) $14,582 $14,582 FFY21 COVIDI9 Vaccine Services-CARES NH231P922619 Amd 20 93.268 333.93.26 07/0120 12/31/21 07/01/20 12/31/21 $354,803 FFY21 COVIDI9 Vaccine Services-CARES NH231P922619 Amd 19,20 93.268 333.93.26 07/01/20 12/31/21 07/01/20 12/31/21 $14,582 COVIDI9 Vaccines NGA Not Received Amd 22 93.268 333.93.26 07/01/20 12/31/21 07/O1/20 12/31/21 $354,803 5354,803 $354,803 FFY21 VFC Ops NH231P922619 Amd 16 93.268 333.93.26 07/01/20 12/31/20 07/01/20 06/30/21 $2,800 $2,800 $10,628 FFY20 VFC Ops NH231P922619 Amd 9 93.268 333.93.26 07/O1/19 06/30/20 07/O1/19 06/30/20;, $5,600 $5,600 FFY17 VFC Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $2,228 $2,228 FFY19 COVID CARES NU50CK000515 Amd 16,19 93.323 333.93.32 06/O1/20 12/31/21 06/O1/20 12/31/21 $65,595 $65,595 $65,595 FFY19 ELC COVID Ed LHJ Allocation NU50CK000515 Amd 20 93.323 333.93.32 01/01/21 12/31/21 01/01/21 12/31/21 $294,029 $294,029 $294,029 FFY20 ELC EDE LIU Allocation NUSOCK000515 Amd 20 93.323 333.93.32 01/15/21 12/31/21 01/15/21 12/31/21 $657,521 $657,521 $657,521 FFY20 CDC COVID-19 Crisis Resp LHJ-Tribe NU90TP922069 Amd.14,19,20 93.354 333.93.35 01/20/20 12/31/21 01/01/20 12/31/21 $130,871 $130,871 $130,871 FFY21 MCHBG LHJ Contracts B0440169 Amd 18 93.994 333.93.99 10/O1/20 09/30/21 10/01/20 09/30/21 $67,694 $67,694 $259,197 FFY20 MCHBG LHJ Contracts B04MC32578 Amd 10 93.994 333.93.99 10/01/19 09/30/20' 10/01/19 09/30/20 $67,694 $67,694 FFY19 MCHBG LHJ Contracts B04MC32578 Amd 4 93.994 333.93.99 10/01/19 09/30/19 ii10/01/18 09/30/19 $67,694 $67,694 FFY18 MCHBG LHJ Contracts B04MC31524 Amd 2 93.994 333.93.99 01/01/18 09/30/19)'10/01/17 09/30/18 $5,344 $56,115 FFY18 MCHBG LHJ Contracts B04MC31524 N/A 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $50,771 FEMA-75 COVID LHJ Allocation NGA Not Received Amd 19 97.036 333.97.03 07/01/20 12/30/20 07/01/20 12/30/20 ($263,754) $0 $0 FEMA-75 COVID LHJ Allocation NGA Not Received Amd 17 97.036 333.97.03 07/01/20 12/30/20 07/01/20 12/30/20 $263,754 FY2 Group B Programs for DW(FO-SW) Amd 11 N/A 334.04.90 07/O1/18 06/30/19 07/01/17 06/30/19 ($272) $4,728 $4,728 FY2 Group B Programs for DW(FO-SW) Amd 3 N/A 334.04.90 07/01/18 06/30/19 07/01/17 06/30/19 $5,000 GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/20 12/31/20 07/01/19 06/30/21 $2,500 $2,500 $7,500 GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/19 06/30/20 07/01/19 06/30/21 $2,500 $2,500 GFS-Group B(FO-SW) N/A N/A 334.04.90 01/O1/18 06/30/18 07/01/17 06/30/19 $2,500 $2,500 Op Permit Fees(FO-SW) Amd 11 N/A 334.04.90 02/01/19 02/28/19 07/01/17 06/30/19 $272 $272 $272 Healthy Communities Amd 12 N/A 334.04.91 07/01/19 06/30/20 07/01/19 06/30/21 ($1,370) $0 $0 Healthy Communities Amd 10 N/A 334.04.91 07/01/19 06/30/20 07/01/19 06/30/21 $1,370 Page 2 of 4 EXHIBIT B-22 Mason County Public Health ALLOCATIONS Contract Number. CLH18253 Contract Term:2018-2021 Date: May 14,2021 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification 9 Amend 9 CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total FY20/21 COVID-19 Disaster Response Acct Amd 14,19 N/A 334.04.92 01/20/20 06/30/21 01/01/20 06/30/21 $119,129 $119,129 $119,129 FFY21 COVID GFS LHJ Regional Amd 20 N/A 334.04.92 12/31/20 06/30/21 12/31/20 06/30/21 ($175,000) $0 $0 FFY21 COVID GFS LHJ Regional Amd 19 N/A 334.04.92 12/31/20 06/30/21 12/31/20 06/30/21 ' $175,000 FPH Lead Case Mgmt-FPH Amd 12 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/20 $1,370 $1,370 $1,370 SFY2 Lead Environments of Children Amd 4 N/A 334.04.93 07/01/19 06/30/19 07/01/18 06/30/19 $1,500 $1,500 $4,500 SFYI Lead Environments of Children Amd 2 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 $3,000 SFYI Lead Environments of Children Amd I N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 Rec Shellfish/Biotoxin Amd 22 N/A 334.04.93 07/01/21 12/31/21 07/01/21 12/31/21 $1,750 $1,750 $16,250 Rec Shellfish/Biotoxin Amd 19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $1,750 $7,000 Rec Shellfish/Biotoxin Amd 16,19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $1,750 Rec Shellfish/Biotoxin Amd 9,16,19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $3,500 Rec Shellfish/Biotoxin N/A N/A 334.04.93 01/01/18 06/30/19 07/01/17 06/30/19 $7,500 $7,500 Wastewater Management-GFS Amd 19 N/A 334.04.93 01/0 V21 06/30/21 07/01/19 06/30/21 $30,000 $30,000 $150,000 Wastewater Management-GFS Amd 9,19 N/A 334.04.93 07/01/20 06/30/21 07/O1/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 9,19 N/A 334.04.93 07/01/20 06/30/21 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 5 N/A 334.04.93 07/01/18 06/30/19 07/01/17 06/30/19 $43,274 $43,274 Wastewater Management-GFS Amd5 N/A 334.04.93 01/O1/18 06/30/18 07/01/17 06/30/19 ($43,274) $16,726 Wastewater Management-GFS N/A,Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 $60,000 FPHS Funding for LHJs Amd 17,19 N/A 336.04.25 07/01/20 06/30/21 07/01/19 06/30/21 $160,891 $202,891 $447,782 FPHS Funding for LHJs Amd 10,19 N/A 336.04.25 07/01/20 06/30/21 07/01/19 06/30/21 $42,000 FPHS Funding for LHJs Amd 17 N/A 336.04.25 07/01/19 06/30/20 07/01/19 06/30/21 $160,891 $202,891 FPHS Funding for LHJs Amd 10 N/A 336.04.25 07/01/19 06/30/20 07/O1/19 06/30/21 $42,000 FPHS Funding for LHJs Dir Amd 3 N/A 336.04.25 07/O1/18 06/30/19 07/01/17 06/30/19 $42,000 $42,000 YR 20 SRF-Local Asst(15%)(FS)-SS Amd 3 N/A 346.26.64 01/O1/19 12/31/18 07/01/17 12/31/18 ($12,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-SS N/A,Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 $12,000 YR 21 SRF-Local Asst(15%)(FS)SS Amd 10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 ($13,600) $11,200 $11,200 YR 21 SRF-Local Asst(15%)(FS)SS Amd 7,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $800 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 6,10 N/A 346.26.64 01/O1/18 06/30/19 07/01/17 06/30/19 $12,000 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 3,10 N/A 346.26.64 01/O1/19 06/30/19 07/01/17 06/30/19 $12,000 YR 23 SRF-Local Asst(15%)(FO-SW)SS Amd 22 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 ($11,200) $11,800 $11,800 YR 22 SRF-Local Asst(15%)(FO-SW)SS Amd 15 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 ($1,800) YR 22 SRF-Local Asst(IS%)(FO-SW)SS Amd 12 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 $11,200 YR 22 SRF-Local Asst(15%)(FO-SW)SS Amd 10,12 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 $13,600 Page 3 of 4 EXHIBIT B-22 Mason County Public Health ALLOCATIONS Contract Number: CLHIS253 Contract Term:2018-2021 Date: May 14,2021 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total YR 23 SRF-Local Asst(15%)(FO-SW)SS Amd 22 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 $12,000 $34,400 $34,400 YR 23 SRF-Local Asst(15%)(FO-SW)SS Amd 20 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 $22,400 Sanitary Survey Fees(FO-SW)SS-State Amd 22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $23,200 $57,400 $57,400 Sanitary Survey Fees(FO-SW)-SS State Amd 15,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 ($1,800) Sanitary Survey Fees(FO-SW)-SS State Amd 12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $11,200 Sanitary Survey Fees(FO-SW)-SS State Amd 7,12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $800 Sanitary Survey Fees(FO-SW)-SS State Amd 6,12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $12,000 Sanitary Survey Fees(FO-SW)-SS State N/A,Amd 3,6,12,22 N/A 346.26.65 01/01/18 1281/21 07/01/17 12/31/21 $12,000 YR 20 SRF-Local Asst(15%)(FS)-TA Amd 3 N/A 346.26.66 01/01/19 12/31/18 07/01/17 12/31/18 ($2,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-TA N/A,Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 $2,000 YR 21 SRF-Local Asst(159/6)(FS)TA Amd 10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 ($4,000) $0 $0 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 6,10 N/A 346.26.66 01/01/18 06/30/19`07/01/17 06/30/19 $2,000 YR2I SRF-Local Asst(15%)(FS)-TA Amd 3,10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19: $2,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 22 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 ($4,000) $0 $0 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 12 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 $2,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 10,12 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 $2,000 YR 23 SRF-Local Asst(15%)(FO-SW)TA Amd 22 N/A 346.26.66 01/01/21 12/31/21 09/01/20 12/31/21 $6,000 $8,000 $8,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 20 N/A 346.26.66 01/01/21 12/31/21 09/01/20 12/31/21 $2,000 TOTAL $5,058,047 $5,0589047 Total consideration: $5,029,797 GRAND TOTAL $5,058,047 $28,250 GRAND TOTAL $5,058,047 Total Fed $4,183,716 Total State $874,331 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Page 4 of 4 Exhibit C-18 Schedule of Federal Awards AMENDMENT#22 Date:May 14,2021 MASON COUNTY HEALTH SERVICESSWV0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/0112 01 8-1 2131/2 021 DOH Total Amt Allocation Period g Federal Award Chart of Accounts Program Title BARS Federal Federal Start End Award Date Award Date Date Contract Amt CFDA CFDA Program Title Federal Agency Name Identification Number Federal Grant Award Name SS COMMUNITY OUTREACH PN 333.21.01 NGA Not NGA Not 07/01/20 06/30/21 $20.000 21.019 Coronavirus Relief Fund Department of the Treasury NGA Not Received NGA Not Received Received Received COVID LHJ OFM ALLOCATION-CARES 333.21.01 NGA Not NGA Not 03/01/20 12/31/21 $1,389,600 21.019 Coronavims Relief Fund Department of the Treasury NGA Not Received NGA Not Received Received Received BIN-COVID ED LHJ ALLOCATION-CARES 333.21.01 NGA Not NGA Not 07I01/20 12/31121 $351,672 21.019 Coronavirus Relief Fund Department of the Treasury NGA Not Received NGA Not Received Received Received Puget Sound Action Agenda: Environmental Protection Agency PUGET SOUND SHELLFISH PS SSI 1-5 OSS TASK 4 333.66.12 08/02/16 $5,000,000 01/01/18 05/30/19 $86.641 66.123 Technical Investigations and Region 10 01J18001 STRATEGIC INITIATIVE LEAD Implementation Assistance Program Puget Sound Action Agenda: PUGET SOUND RESTORATION NEP 5-6 ONSITE SEWAGE MANAGEMENT 333.66.12 01109/1 1 $2.490,000 01/01/18 06/30/19 $85,330 66.123 Technical Investigations and Environmental Protection Agency OOJ88801 PROJECT Implementatlon Assistance Program Region 10 Department of Health and Human PUBLIC HEALTH EMERGENCY FFY20 PHEP BP2 LHJ FUNDING 333.93.06 06112/20 $11.365,797 07/01/20 06/30/21 $49.342 93.069 Public Health Emergency Services Centers for Disease Control NU90TP922043 PREPAREDNESS(PHEP) Preparedness and Prevention COOPERATIVE AGREEMENT c Health Emergency Department of Health and Human PUBLIC HEALTH EMERGENCY Public FFY19 PHEP BPI LHJ FUNDING 333.93.06 06/29/19 $11,307,904 07/01/19 06/30/20 $49,342 93.069 Services Centers for Disease Control NU90TP922043 PREPAREDNESS(PHEP) Preparedness P and Prevention COOPERATIVE AGREEMENT HOSPITAL PREPAREDNESS PROGRAM Public Health Emergency Department of Health and Human AND PUBLIC HEALTH EMERGENCY FFY18 EPR PHEP BPI SUPP LHJ FUNDING 333.93.06 08/01/18 $11,062,782 0710111E 06/30/19 $49.341 93.069 Preparedness Services Centers for Disease Control NU90TP921889-01 PREPAREDNESS COOPERATIVE and Prevention AGREEMENT Department of Health and Human HPP AND PHEP COOPERATIVE FFY17 EPR PHEP BPI LHJ FUNDING 333.93.06 07/18/17 $11,062,782 01/01/18 06/30/18 $28,979 93.069 Public Health Emergency Services Centers for Disease Control NU90TP921889-01 Preparedness AGREEMENT and Prevention Injury Prevention and Control Department of Health and Human WASHINGTON STATE DEPARTMENT FFY20 OVERDOSE DATA TO ACTION PREV 333.93.13 11/06120 $4,390,240 09/01120 08/31/21 $50,000 93.136 Research and State and Community-Services Centers for Disease Control NU17CE925007 OF HEATLH OVERDOSE DATA TO Based Programs and Prevention ACTION Injury Prevention and Control Department of Health and Human WASHINGTON STATE DEPARTMENT Services-Centers for Disease Control NU17CE925007 OF HEATLH OVERDOSE DATA TO FFY19 OVERDOSE DATA TO ACTION PREV 333.93.13 08/12 19 $4.390.240 09/01/19 08/31/20 $50,000 93.136 Research and State and Community-and Prevention-National Center for Based Programs ACTION Injury Prevention and Control Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY18 PRESCRIPTION DRUG OD-SUPP 333.93.13 05/31/17 $6,223,623 09/01/18 08/31/19 $110,000 93.136 Research and State and Community Services Centers for Disease Control U17CE002734 FOR STATES Based Programs and Prevention Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY17 PRESCRIPTION DRUG OD-SUPP 333.93.13 03/16/16 $4,031,632 01/01/18 08/31/18 $63,027 93.136 Research and State and Community Services Centers for Disease Control U17CE002734 FOR STATES Based Programs and Prevention NGA Not NGA Not P Department of Health and Human FFY22 PPHF OPS 333.93.26 07/01121 12/31/21 $500 93.268 Immunisation Cooperative Services Centers for Disease Control NGA Not Received NGA Not Received Received Received Agreements and Prevention Page 1 of 3 Exhibit C-18 Schedule of Federal Awards AMENDMENT#22 Date:May 14,2021 MASON COUNTY HEALTH SERVICESSWV0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/01/2 01 8-1 2131/2 021 DOH Total Amt Allocation Period Federal Federal Start End Federal Award Chart of Accounts Program Title BARS Federal Grant Award Name Award Date Award Date Date Contract Amt CFDA CFDA Program Title Federal Agency Name Identification Number Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 VFC Ops 333.93.26 07/01/20 $9,082.252 07/01/20 12/31/20 $2,800 93.268 Agreements Services Centers for Disease Control NH231P922619 FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 PPHF OPS 333.93.26 07/01/20 $9,082,252 07/01/20 06/30121 $500 93.268 Agreements Services Centers for Disease Control NH23IP922619 FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 COVIDI9 VACCINE SERVICES-CARES 333.93.26 01115/21 $68,807.053 07/01/20 12/31/21 $14,582 93.268 Immunization Cooperative Services Centers for Disease Control NH231P922619 Agreements FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY20 VFC OPS 333.93.26 07/01/19 $9.234,835 07101/19 06/30/20 $5,600 93.268 Immunization Cooperative Department Centers for Disease Control NH231P922619 Agreements FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY20 PPHF OPS 333.93.26 07/01/19 $9,234,835 07/01/19 06/30/20 $500 93.268 Immunization Cooperative Services Centers for Disease Control NH231P922519 Agreements FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 VFC OPS 333.93.26 03/03/17 $1.201,605 01/01118 06/30/18 $2,228 93.268 Immunization Cooperative Services Centers for Disease Control SNR231P000762-05-00 Agreements FOR CHILDREN'S PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 PPHF OPS 333.93.26 06/29/18 $3,634,512 07/01/18 06/30/19 $500 93.268 Immunization Cooperative Services Centers for Disease Control NH231Po00762 Agreements FOR CHILDREN'S PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 INCREASING IMMUNIZATION RATES 333.93.26 06/29118 $1,722,443 07/01/18 05/30/19 $5,600 93.268 Immunization Cooperative Services Centers for Disease Control NH231P000762 'S Agreements FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 AFIX 333.93.26 03/03/17 $1.672,289 01101/18 06/30/18 $4,293 93.268 Immunization Cooperative Services Centers for Disease Control 5NH231P000762-05-00 Agreements FOR CHILDREN'S PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 317 OPS 333.93.26 03/03/17 $575.969 01/01/18 06/30/18 $1,423 93.268 Immunization Cooperative Services Centers for Disease Control 5NH231P000762-OS-00 Agreements FOR CHILDREN'S PROGRAM and Prevention NGA Not NGA Not Immunization Cooperative Department of Health and Human COVIDI9 VACCINES 333.93.26 Received Received 07/01/20 12/31121 $354,803 93.268 Agreements Services Centers for Disease Control NGA Not Received NGA Not Received and Prevention Epidemiology and Laboratory EPIDEMIOLOGY AND LABORATORY Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY20 ELC EDE LHJ ALLOCATION 333.93.32 01/14/21 $438,300,928 01/15/21 12/31121 $657.521 93.323 (ELC)-Building and Strengthening Services Centers for Disease Control NU50CK000515 (ELC)-BUILDING AND STRENGTHENING Epidemiology,Laboratory and and Prevention EPIDEMIOLOGY,LABORATORY,AND _. ... ._.__.._.. _...._. .. .._..._ ....._.._.._ _ _.____ __. DEMIOLOGYBLABORATORY - ' - Epidemiology and Laboratory Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY19 ELC COVID ED LHJ ALLOCATION 333.93.32 01/01/21 $177,231,546 01/01/21 12/31/21 $294,029 93.323 (ELC)-Building and Strengthening Services Centers for Disease Control NU50CK000515 (ELC)-BUILDING&STRENGTHENING Epidemiology,Laboratory and and Prevention EPIDEMIOLOGY,LABORATORY& Epidemiology and Laboratory EPIDEMIOLOGY 8 LABORATORY Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY19 COVID CARES 333.93.32 04/23/20 $22,581,799 06/01120 12131/21 $65,595 93.323 (ELC)-Building and Strengthening Services Centers for Disease Control NU50CK000515 (ELC)-BUILDING&STRENGTHENING Epidemiology,Laboratory and and Prevention EPIDEMIOLOGY,LABORATORY& Page 2 of 3 Exhibit C-18 Schedule of Federal Awards AMENDMENT#22 Date:May 14,2021 MASON COUNTY HEALTH SERVICESSWV0001B93-04 CONTRACT CLH78253-Mason County Public Health CONTRACT PERIOD: 01/01/2018-12/31/2021 DOH Total Amt Allocation Period Chart of Accounts Program Title BARS Federal Federal Start End Contract Amt CFDA CFDA Program Title Federal Agency Name Federal Award Federal Grant Award Name Award Date Award Date Date Identification Number Public Health Emergency CDC COOPERATIVE AGREEMENT FOR Response:Cooperative Agreement Department of Health and Human EMERGENCY RESPONSE:PUBLIC FFY20 CDC COVID-19 CRISIS RESP LHJ-TRIBE 333.93.35 03/16/20 $13,230,799 01/20/20 12/31/21 $130,871 93.354 for Emergency Response:Public Services Centers for Disease Control NU90TP922069 HEALTH CRISIS RESPONSE CDC-RFA- Health Crisis Response and Prevention TP18-1802 Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY21 MCHBG LHJ CONTRACTS 333.93.99 02/08/21 $2,662,201 10I01120 09/30/21 $67,694 93.994 Block Grant to the States Servic rvicees Health Resources and B0440169 SERVICES BLOCK GRANT Ses Administration Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY20 MCHBG LHJ CONTRACTS 333.93.99 11/14/18 $2,225,977 10/01/19 09/30/20 $67,694 93.994 Block Grant to the States Services Health Resources and B04MC32578 SERVICES BLOCK GRANT Services Administration Department of Health and Human MATERNAL AND CHILD HEALTH FFY19 MCHBG LHJ CONTRACTS 333.93.99 11/14/18 $2,225,977 10/01/18 09/30/19 $67,694 93.994 Maternal and Child Health Services Services Health Resources and B04MC32578 Block Grant to the States Services Administration SERVICES BLOCK GRANT Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY18 MCHBG LHJ CONTRACTS 333.93.99 10/20/17 $1,650,528 01/01/18 09/30/18 $56,115 93.994 Block Grant to the States Services Health Resources and B04MC31524 SERVICES Services Administration TOTAL $4.183,716 Page 3 of 3 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: 8/3/21 Agenda Item# S, 1 (Commissioner staff to complete) BRIEFING DATE:7/19/21 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 2020-86 Mason County Personnel Policy, to add, remove, and update language in Chapters 1.4, 3.5, 5.1, 5.2, 7, 7.1, 7.2.7, 7.2.20, 7.3, 7.6,and 7.11, Add Chapters 5.3 Longevity, 5.12 Personnel Action Policy,7.10 WA State Long Term Care Trust Act, 17 Telework Policy, rescind Resolution 2020-29 Mason County Telework Program, Policy, and Procedures, and Mason County Code Chapter 2.153 Background:The changes made to the Personnel Policy are necessary and appropriate to add, remove, and update language to ensure the best practices are incorporated, clarification of processes are implemented, and to remove outdated language and processes. RECOMMENDED ACTION: Approval to amend Resolution 2020-86 Mason County Personnel Policy,to add, remove, and update language in Chapters 1.4, 3.5, 5.1, 5.2, 7,7.1, 7.2.7, 7.2.20, 7.3, 7.6,and 7.11,Add Chapters 5.3 Longevity, 5.12 Personnel Action Policy, 7.10 WA State Long Term Care Trust Act, 17 Telework Policy, rescind Resolution 2020-29 Mason County Telework Program, Policy, and Procedures, and Mason County Code Chapter 2.153 Attachment: Resolution and Personnel Policy RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 2020-86 MASON COUNTY PERSONNEL POLICY, TO ADD, REMOVE, AND UPDATE LANGUAGE IN CHAPTERS 1.4, 3.5, 5.1, 5.2, 7, 7.1, 7.2.7, 7.2.20, 7.3, 7.6, AND 7.11, ADD CHAPTERS 5.3 LONGEVITY, 5.12 PERSONNEL ACTION POLICY, 7.10 WA STATE LONG TERM CARE TRUST ACT, 17 TELEWORK POLICY, RESCIND RESOLUTION 2020-29 MASON COUNTY TELEWORK PROGRAM, POLICY, AND PROCEDURES, AND MASON COUNTY CODE CHAPTER 2.153 WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to add, remove, and update language to the Personnel Policy to ensure the best practices are incorporated, clarification of processes are implemented, and removal of outdated language is incorporated; and WHEREAS, it is necessary and appropriate to remove Support Services Director and add County Administrator and/or Human Resources Administrator in Chapters 1.4, 3.5, 5.2, and 7.2.20; and WHEREAS, it is necessary and appropriate to update and clarify language in Chapters 5.1, 5.2, 7, 7.1, 7.2.7, and 7.3 to ensure the process and procedures are current with practices currently utilized; and WHEREAS, it is necessary and appropriate to add Chapter 5.3 Longevity, effective January 1, 2023 to add additional monthly compensation to an eligible employee's base salary to recognize continuous length of service; and WHEREAS, it is necessary and appropriate to add Chapter 5.12 Personnel Action Policy to report all changes, such as, but not limited to; appointments, terminations, change in status, leave, compensation of an individual employee into the County's financial system Munis; and WHEREAS, it is necessary and appropriate to update Chapter 7.6 Military Leave, to provide employee's paid military leave of up to 21 working days per year for military service as identified in RCW 38.40.060; and WHEREAS, it is necessary and appropriate to add Chapter 7.10 Washington State Long Term Care Trust Act"WA Cares"Compliance to require premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022 as set forth in RCW 50B.04.080; and WHEREAS, it is necessary and appropriate to update Chapter 7.11 Holidays to provide employee's June 19th "Juneteenth" as a paid holiday effective 2022 as identified in RCW 1.16.050; and WHEREAS, it is necessary and appropriate to add Chapter 17, Telework Policy by rescinding Resolution 2020-29 and Mason County Code Chapter 2.153, and incorporating the program, policy, and procedures into the Personnel Policy to meet department missions and operation needs by promoting management efficiencies; increase County responsiveness in severe weather or other emergencies; enhance recruitment and retention of highly qualified employees; and improve work-life balance. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 2020-86 Mason County Personnel Policy to add, remove, and update language in Chapters 1.4, 3.5, 5.1, 5.2, 7, 7.1, 7.27.7, 7.2.20, 7.3, 7.6, and 7.11, add Chapters 5.3 Longevity, 5.12 Personnel Action Policy, 7.10 WA State Long Term Care Trust Act, 17 Telework Policy, and rescinds Resolution 2020-29 Mason County Telework Program, Policy, and Procedures, and Mason County Code Chapter 2.153. This resolution shall become effective immediately upon its passage. ADOPTED THIS day of August, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board Kevin Shutty, Vice Chair APPROVED AS TO FORM Sharon Trask, Commissioner Timothy Whitehead, Deputy Prosecuting Attorney �$0 co��?' 1854 MASON COUNTY PERSONNEL POLICIES Revised July XX, 2021- RESOLUTION No. 2021-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, 2016 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-86, November 3, 2020 Revised Chapter 3.5, 5.1, 5.2, 5.3, 5•12, 7, 7.1, 7.3, 7.6, 7.10, 7.11, and 17- RESOLUTION No.XXXX-XX,July X, 2021 Mason County Personnel Policies Page ii Table of Contents CHAPTER 1 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 CHAPTER 3 RECRUITING AND HIRING.....................................................................................................6 3.1 RECRUITING............................................................................................................................. 6 3.2 HIRING...................................................................................................................................... 6 3.3 EXTRA HELP EMPLOYEES.........................................................................................................7 3.4 EMPLOYMENT OF RELATIVES(NEPOTISM)............................................................................7 3.5 PROMOTIONS.......................................................................................................................... 8 CHAPTER 4 HOURS AND ATTENDANCE..................................................................................................9 4.1 WORKING HOURS ................................................................................................................... 9 4.2 HOURS OF WORK AND OVERTIME......................................................................................... 9 4.3 COMPENSATORY TIME...........................................................................................................10 4.4 ATTENDANCE...........................................................................................................................11 4.5 UNUSUAL WEATHER CONDITIONS/EXTREME CIRCUMSTANCES........................................11 4.6 BREAKS AND MEALTIME.......................................................................................................13 4.7 CALLBACK..............................................................................................................................16 4.8 PAYROLL RECORDS................................................................................................................16 CHAPTER 5 COMPENSATION .................................................................................................................17 5.1 SALARY CLASSIFICATION AND GRADES...............................................................................17 5.2 EMPLOYEE PAY RATES........................................................................................................... 17 5.3 LONGEVITY..............................................................................................................................18 5.4 RECLASSIFICATION.................................................................................................................19 5.5 PAYDAYS.................................................................................................................................19 Mason County Personnel Policies Page iii 5.6 SALARY FOR EXEMPT EMPLOYEES.......................................................................................19 5.7 DEDUCTIONS ..........................................................................................................................20 5.8 TRAVEL EXPENSE REIMBURSEMENT....................................................................................20 5.9 COMPENSATION UPON TERMINATION................................................................................23 5.10 RECRUITING EXPENSES..........................................................................................................24 5.11 UNIFORM ALLOWANCE.........................................................................................................24 5.12 PERSONNEL ACTION POLICY.................................................................................................25 CHAPTER6 BENEFITS.............................................................................................................................28 6.1 RETIREMENT BENEFITS..........................................................................................................28 6.2 WORKERS COMPENSATION ..................................................................................................28 6.3 HEALTH INSURANCE BENEFITS.............................................................................................29 6.4 CONTINUATION OF INSURANCE COVERAGE........................................................................29 6.5 UNEMPLOYMENT COMPENSATION......................................................................................30 CHAPTER7 LEAVES.................................................................................................................................31 7.1 VACATION LEAVE....................................................................................................................31 7.2 SICK LEAVE..............................................................................................................................32 7.3 LEAVE WITHOUT PAY.............................................................................................................41 7.4 JURY AND WITNESS LEAVE....................................................................................................42 7.5 ADMINISTRATIVE LEAVE........................................................................................................42 7.6 MILITARY LEAVE.....................................................................................................................42 7.7 FAM I LY LEAVE.........................................................................................................................43 7.8 BEREAVEMENT LEAVE............................................................................................................45 7.9 WASHINGTON PAID FAMILY&MEDICAL LEAVE..................................................................45 7.10 WASH INGTON STATE LONG TERM CARE TRUST ACT"WA CARES"COMPLIANCE...........47 7.11 HOLIDAYS................................................................................................................................47 7.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE........................................................48 7.13 BENEFITS FOR PART-TIME AND EXTRA HELP EMPLOYEES................................................49 CHAPTER 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT................................................................50 8.1 GENERAL CODE OF CONDUCT...............................................................................................50 8.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST.....................................................50 8.3 REPORTING IMPROPER GOVERNMENTAL ACTION ............................................................. 51 8.4 POLITICAL ACTIVITIES............................................................................................................53 Mason County Personnel Policies Page iv 8.5 NO SMOKING POLICY.............................................................................................................54 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS.....................................55 8.7 USE OF COUNTY EQUIPMENT...............................................................................................55 8.8 BULLETIN BOARDS................................................................................................................ 56 8.9 CONTACT WITH THE NEWS MEDIA....................................................................................... 56 8.10 SOLICITATIONS...................................................................................................................... 56 8.11 SAFETY ................................................................................................................................... 56 8.12 SUBSTANCE ABUSE................................................................................................................57 8.13 USING POSITION FOR PERSONAL GAIN................................................................................58 CHAPTER 9 LAYOFF AND RESIGNATION...............................................................................................59 9.1 LAYOFF....................................................................................................................................59 9.2 RESIGNATION .........................................................................................................................59 CHAPTER 10 COMPLAINT PROCEDURES...............................................................................................60 10.1 COMPLAINT PROCEDURES...................................................................................................60 CHAPTER 11 EDUCATIONAL ASSISTANCE.............................................................................................61 11.1 INTRODUCTION......................................................................................................................61 11.2 OBJECTIVE...............................................................................................................................61 11.3 PROCEDURES:.........................................................................................................................61 CHAPTER 12 NON-DISCRIMINATION &HARASSMENT POLICY...........................................................63 12.1 PURPOSE.................................................................................................................................63 12.2 NONDISCRIMINATION ...........................................................................................................63 12.3 POLICY.....................................................................................................................................63 12.4 EQUAL OPPORTUNITY FOR PERSONS WITH DISABILITIES................................................ 64 12.5 EMPLOYEE RESPONSIBILITIES.............................................................................................. 65 12.6 SUPERVISOR J MANAGER RESPONSIBILITIES...................................................................... 65 12.7 COUNTY RESPONSIBILITIES.................................................................................................. 65 12.8 COMPLAINT PROCEDURE.....................................................................................................66 12.9 INTERNAL DISCRIMINATION COMPLAINT FORM...............................................................68 CHAPTER 13 VEHICLE USE POLICY ........................................................................................................70 13.1 VEHICLE USE AND SCOPE.......................................................................................................70 13.2 VEHICLE USE POLICY DEFINITIONS.......................................................................................70 Mason County Personnel Policies Page v 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS..................................................................................................................72 13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 12131/16)................................................72 13.5 EMERGENCY RESPONSES......................................................................................................73 13.6 SPECIAL EQUIPMENT VEHICLES............................................................................................74 13.7 ECONOMIC BENEFITTO THE COUNTY..................................................................................74 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT...............................................................74 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES.................................................75 13.10 BUDGET MANAGEMENT RESPONSIBILITIES ........................................................................75 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES..................................75 13.12 SHERIFF'S OFFICE RESPONSIBILITIES...................................................................................76 13.13 EMPLOYEE'S RESPONSIBILITIES............................................................................................77 13.14 FINANCIAL SERVICES— PAYROLL RESPONSIBILITIES..........................................................77 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS.........................................................77 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS.......................................................78 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS.......................................................78 13.18 INCIDENTAL TRAVEL AND STOPS..........................................................................................79 13.19 POLITICAL USE OF COUNTY VEHICLES..................................................................................79 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS...........................................................79 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS................................................................................................................................79 13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD................................81 13.23 DRIVER DISQUALIFICATION AND REVIEW............................................................................82 13.24 ACCIDENTS AND CITATIONS..................................................................................................82 13.25 COMMERCIAL DRIVER LICENSE.............................................................................................83 13.26 COUNTY VEHICLE RELATED PURCHASES..............................................................................83 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES.........................................83 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE............................................83 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE.................................................................... 84 13.30 GENERAL MOTOR VEHICLE SAFETY.....................................................................................84 13.31 SAFETY................................................................................................................................... 84 CHAPTER 14 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY................................................86 Mason County Personnel Policies Page vi 14.1 ELECTRONIC INFORMATION POLICY...................................................................................86 14.2 ELECTRONIC INFORMATION POLICY DEFINITIONS............................................................86 14.3 ROLES AND RESPONSIBILITIES ............................................................................................86 14.4 EQUIPMENT AND PROGRAMS...............................................................................................87 14.5 E-MAIL AND VOICE MAIL(Electronic Communications)......................................................87 14.6 EMAIL MANAGEMENT...........................................................................................................88 14.7 INTERNET ACCESS.................................................................................................................go 14.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES.......................................91 14.9 MONITORING,AUDITING AND INSPECTION ........................................................................92 CHAPTER15—SOCIAL MEDIA POLICY......................................................................................................93 15.1 SOCIAL MEDIA POLICY...........................................................................................................93 15.2 BLOGGING POLICY..................................................................................................................97 15.3 FACEBOOK STANDARDS POLICY.........................................................................................1oo 15.4 TWITTER STANDARDS POLICY.............................................................................................102 CHAPTER16 CELLULAR TELEPHONE POLICY.....................................................................................104 16.1 CELLULAR TELEPHONE POLICY DEFINITIONS....................................................................104 16.2 COUNTY OWNED CELLULAR PHONES................................................................................104 16.3 USE OF CELLULAR PHONES.................................................................................................105 16.4 PERSONAL USE OF CELLULAR PHONES..............................................................................105 16.5 TERMINATION OF USE OF COUNTY OWNED CELLULAR PHONES....................................105 16.6 RECORDS RETENTION OF CELL PHONE RECORD...............................................................105 16.7 SERVICE BILLING...................................................................................................................1o6 CHAPTER17 TELEWORK POLICY................................................................................................................107 17.1 PURPOSE...............................................................................................................................107 17.2 ELIGIBILITY............................................................................................................................107 17.3 JOB RESPONSIBLITIES AND CONDITIONS..........................................................................107 17.4 TELEWORK SITE....................................................................................................................107 17.5 COMPUTERS,SOFTWARE, SUPPLIES,AND SUPPORT.......................................................1o8 17.6 WORKERS'S COMPENSATION .............................................................................................1o8 17.7 OVERTIME, LEAVE,AND COMPENSATION..........................................................................log 17.8 LIABILITY...............................................................................................................................log 17.9 INCLEMENT WEATHER.........................................................................................................log 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 _ranted to you in civil service rules, a collective bargain in_ 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 anytime 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 their 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 Officials) have adopted policies covering the same subject(s) and filed those policies with the Board of county Commissioners. 1.4 CHANGING THESE POLICIES The County reserves the right to modify these policies at any time. The Board of County Commissioners or the County Administrator may deviate from these policies to achieve the primary mission of serving the citizens of Mason County. Employees may request specific changes to these policies by submitting suggestions to their Elected Official or Department Head. 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 they work.An employee's personnel file contains the employee's name, title and/or position held, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, insurance enrollment forms, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. Employees have the right to review their file.An employee may request removal of irrelevant or erroneous information in their personnel file. If the County denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public, including the press, without a written request for specific information and notification to the employee. 2.2 EMPLOYMENT REFERENCES Only the Elected Official or Department Head is authorized to provide employment references on current or former County employees. Other employees shall refer requests for references to the appropriate Elected Official or Department Head. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. Standardized release forms are available at the Human Resources Department. 2.3 EMPLOYEE BADGE POLICY To establish guidelines for the issuance of a photo identification badge to all employees and for the use of said badge by employees while at work or when representing Mason County in any official capacity in an effort to provide a safe and secure workplace for all employees. 2.3.E Policy Statement All employees will be issued and must wear and visibly display photo identification badges as provided by Mason County. Identification badges must be worn in a manner that allows the identification of an employee by photo, first and last names, department, position, and unique identifying number. Mason County Personnel Policies Page 3 2.3.2 Definitions Employee: For the purpose of this policy, staff member shall refer to elected officials, full- time, part-time, extra help and seasonal employees, including volunteers and interns. Employee ID Badge: The official County ID badge for all employees.The ID badges will identify employees' name, department, position and a unique identifying number. Official Capacity: Includes any time while on County property as well as any business where the employee is representing the County.This also includes wearing the ID badge while operating any vehicle owned or leased by the County. 23.3 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. ID badges are to be prominently worn so the photo is clearly visible to others. The requirement may be temporarily waived at the department's discretion when wearing the ID badge presents a safety issue. However,the employee must 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 ID badge.Any lost or damaged ID badges should be reported immediately to the employee's supervisor, who is responsible for reporting the lost or damaged ID badge to the Division of Emergency Management. 2.3.4 Procedure • All employees of Mason County will be issued photo identification upon completion of the ID Badge Request Form (Attachment A). • All new employees will have their ID badges made by Mason County Division of Emergency Management(DEM) by appointment after completing all required new employee training(First-Aid/CPR, CORE Training, ICS 100 &700...). • Employees will be issued one ID badge. • New ID badges will be issued to current employees who receive a transfer, promotion, demotion, etc.to a different department or a name change.An ID Badge Request Form Mason County Personnel Policies Page 4 will need to be completed along with the required proof of ICS training if not previously done. • Supervisors shall report lost or damaged ID badges to Mason County Division of Emergency Management. Damaged ID badges shall be returned to DEM. A reprint of the original ID badge will be done and sent to the department supervisor. • Any lost ID badge that is found should be turned in to Mason County Division of Emergency Management, ioo W. Public Works Dr., Shelton. • Upon termination of employment or retirement, an employee must turn in their ID badge to their supervisor.The supervisor is then required to send the ID badge to Mason County Division of Emergency Management. • An employee placed on paid/unpaid administrative leave or who is out for an extended period of time on Federal Medical Leave, must turn in their ID badge to their supervisor pending return to work. 2.3.5 Identification Holder Responsibilities • Do not lend your ID badge to anyone. • Do not leave ID badge on dash of vehicle or other locations where exposed to extreme temperatures or theft. • Do not fold, bend, or mutilate your I D badge. • Use your I D 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. 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 their duties and responsibilities. Applicants for positions in which the applicant is expected to operate a motor vehicle will be required to present a valid Washington State driver's license with any necessary endorsements. Driving records of applicants may be checked. Applicants with poor driving records, as determined by the County, may be disqualified for employment with the County in positions requiring driving. After an offer of employment has been made and prior to commencement of employment, the County may require persons selected for employment to successfully pass a test for the Mason County Personnel Policies Page 6 presence of alcohol and/or controlled substances.The offer of employment may be conditioned on the results of the examination. A candidate may be disqualified from consideration if the test reveals use of alcohol and/or controlled substances (other than legally prescribed medications), or if the candidate refuses to be tested. 3.3 EXTRA HELP EMPLOYEES Elected Officials and Department Heads may use extra help employees to temporarily replace regular employees who are on vacation or other leave, to meet peak work load needs, or to temporarily fill a vacancy until a regular employee is hired. Extra help employees may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. Compensation/Benefits: Extra help employees are eligible for overtime pay as required by law. Extra help employees normally do not receive retirement, vacation, sick leave, health insurance, holidays or any other benefits during their employment. Extra help employees pay contributions to the Social Security system and to Labor and Industries, as does the County on their behalf. Extra help employees are normally not placed on the state PERS retirement system, although there are a few exceptions based on PERS eligibility criteria, such as those who work over seventy (70) hours per month for five (5) months out of twelve on a long term basis(see 7.12). 3.4 EMPLOYMENT OF RELATIVES(NEPOTISM) The immediate family, by blood or marriage, of current County employees, Elected Officials and County Commission members will not be employed by the County where: 1. One of the parties would have authority, or practical power, to supervise, appoint, remove, or discipline the other; 2. One party would handle confidential material that creates improper or inappropriate access to that material by the other; 3. One party would be responsible for auditing the work of the other; or 4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the County. Immediate family for the purpose of this section shall include the employee's spouse, parent, child, grandchild, brother, sister,father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law and daughter-in-law. Mason County Personnel Policies Page 7 Change in Circumstances: If two employees marry, or become related, and in the County's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the County, unless arrangements, as determined by the Board of County Commissioners, can be made to eliminate the potential problem.The decision as to which employee will remain with the County must be made by the two employees within thirty(30)calendar days of the date they marry, or become related. If no decision is made during this time, either employee may be terminated. 3.5 PROMOTIONS The County encourages promotion from within the organization whenever possible. All openings will be posted so that employees may become aware of opportunities and apply for positions in which they are interested and qualified. Before advertising a position to the general public,the Human Resources Administrator 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:oo 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(4o) 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 their 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; z. Participation in political activity' 3. Outside employment, subject to approval; or 4. Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours. 5. A Partial-day of absence of four hours or more (half the employee's regular workday for an employee working less than a full FTE). 4.3 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment.This is approved on a case-by-case basis by the supervisor.The County is not required to grant compensatory time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall not exceed forty (4o) 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(4o) 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 their supervisor. Unused compensatory time is nontransferable. When an employee is transferring from one department to another and has a balance of unused compensatory time, the employee is encouraged to use their compensatory time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued compensatory time from the employee's former department. Payout for compensatory time is not eligible for a payout payment plan. Exempt regular employees shall not be entitled to any additional compensation for hours worked more than forty(40) hours per week. Employee's transferring from non-exempt to exempt positions through either promotion or reclassification are encouraged to use their compensatory, banked holiday, and premium time before the effective date of transfer. When this is not possible, the transferring employee shall receive payment in full for the accrued compensatory, banked holiday, and/or premium time from the employee's former Mason County Personnel Policies Page 10 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. 4.4 ATTENDANCE Punctual and consistent attendance is a condition of employment. Each Elected Official and Department Head is responsible for maintaining an accurate attendance record of their employees. Employees unable to work or unable to report to work on time should notify their supervisor as soon as possible, ordinarily before the 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 their supervisor. If the supervisor is unavailable, the employee may leave a message with the Elected Official/Department Head or their designated representative,stating the reason for being late or unable to report for work. 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 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. Mason County Personnel Policies Page 11 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 12:30 p.m.) [or closed early if conditions merit] because extremely hazardous conditions currently exist and the safety risks of travel for employees and the public and the associated County liability outweigh the benefit of commencing designated standard operations at the normal time; or c. Extremely hazardous conditions exist and are likely to persist throughout the day and the safety risks of travel for employees, the public, and the associated County liability outweigh the benefit of conducting designated standard operations this day. Conduct of standard operations is suspended until a specified time the following day. 5. The Chair will contact the Presiding Judges of Superior and District Courts to determine if it is necessary to make special accommodations for any of their operations during the suspension of standard operations. Mason County Personnel Policies Page 12 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. 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, 201o). This policy applies to all Mason County employees. Procedures This policy provides the following information: 1. A reasonable amount of time to express milk or breastfeed (lactation time) 2. Private and secure rooms to express milk or breastfeed (lactation room) 3. Employee responsibilities 4. Education and support 5. Anti-discrimination, harassment or retaliation 6. Employee Notification i. Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) Mason County Personnel Policies Page 13 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). z. Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) Federal guidelines provide that a bathroom may NOT serve as a lactation room. Lactation rooms shall be: • private (window coverings are required); • secure (lockable from the inside, if possible); • accommodating(comfortable seating, a table, and power outlets); • reasonably close to the employee's work area; • provided with a sign to designate the space is in use. Although not required, when possible, the lactation room should also: • Be near a sink with hot water and soap for hand washing and equipment cleaning. • Have a place where expressed breast milk can reasonably be stored. This does not mean refrigeration must be provided but employees must be allowed to bring insulated food containers and ensure there is a place to store a pump and containers while they are at work. Employees in outlying work locations that do not have a designated lactation room should arrange,with their managers, an intermittent or temporary location to be used as a lactation room. Designated lactation rooms may exist at some Mason County worksites; a list of rooms and scheduling information can be found at: http://www.co.mason.wa.usjforms/human_ re s_o u rce s/l a ctat i o n-ro om s.pdf Mason County Personnel Policies Page 14 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. 4.7 CALL BACK Employees are subject to call back in emergencies or as needed by the County to provide necessary services to the public. Non-exempt employees called back to duty will be paid their appropriate rate of pay for hours worked (the overtime rate for hours worked over the applicable overtime threshold). 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. Employee's classifications, grades, and changes are to be tracked in the County's MUNIS system to maintain the transparency, professionalism, integrity, accountability, respect and partnership between Mason County, its departments and the employees. 5.2 EMPLOYEE PAY RATES Employees shall be paid within the limits of the salary range to which their positions are assigned. Usually, new employees will start their employment at the minimum wage rate for their classification. However, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Administrator, 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.The actual day of any pay increase shall be the is' or 16th of the month, with the exception of working out of class, depending on the date of the anniversary day(e.g., if an employee's anniversary date is on January 14, the pay increase will take effect January 1). 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 ILMason County Personnel Policies Page 17 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 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. Upon the request of the Elected Official or Department Head and approval of the Human Resources Administrator, a promoted employee may be placed in a step higher than that specified above. If the Human Resources Administrator 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 County Administrator. 5.3 LONGEVITY The County shall provide additional monthly compensation, beginning January 1, 2023, above each eligible employee's base salary to recognize continuous length of service as a County employee, as follows: Total Years of Service Completed Additional Pay Increment 1-10 Years 0 11-15 Years 1.5 16-20 Years 3.0 21-25 Years 4.5 26 or more Years 6.0 Eligible regular part-time employees shall receive longevity pro-rated in proportion to the part-time employee is in pay status during the month as compared to that required of full- time employment. Mason County Personnel Policies Page 18 5.4 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. Step placement of an employee who has been reclassified shall be the same as if the employee had been promoted, transferred, or demoted, whichever is applicable. 5.5 PAYDAYS County employees are paid semi-monthly on the 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. 5.6 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: Mason County Personnel Policies Page 19 1. FMLA leave; 2.. Participation in political activity; 3. Outside employment, subject to approval; or 4. Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours; 5. A Partial-day of absence of four hours or more (half the employee's regular workday for an employee working less than a full FTE). 5.7 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. 5.8 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 Mason County Personnel Policies Page 20 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 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 Mason County Personnel Policies Page 21 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 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 (5o) 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. Mason County Personnel Policies Page 22 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 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. 5.9 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) Mason County Personnel Policies Page 23 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 $10,000 or more, the scheduled payments must be $500 or more per month and the employee must agree to conditions established by the county. 5.10 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 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. 5.11 UNIFORM ALLOWANCE Compensation for required employee work apparel shall be based on RCW 49.1?.4}50,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-4-9,46 RCW or other provisions of this chapter, the obligation of the employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. Mason County Personnel Policies Page 24 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 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 their employees during a two-year period of time,the employer shall furnish or compensate the employees for the apparel.The employer shall be required to furnish or compensate only those employees who are affected by the change. The two-year time period begins on the date the change in wearing apparel goes into effect and ends two years from this date. The beginning and end of the two- year time period applies to all employees regardless of when the employee is hired. 6. For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel. 5.12 PERSONNEL ACTION POLICY The Personnel Action Form (PAF) is used to report all changes, such as, but not limited to; Appointments,Terminations, Change in Status, Leave, Compensation of an individual employee, and shall be entered into the County's financial system MUNIS. Since the information on the PAF form can affect employee's paycheck, benefits, and receipt of information such as state retirement and W-z's, it is critical that it be completed by the department in a timely manner, as outlined by Mason County Auditor's Office annually. It is important that Human Resources and Payroll receive the PAF,from the departments, by the established deadline, per the PAF schedule, to ensure timely, accurate, posting and Mason County Personnel Policies Page 2S processing payment to employees.All County departments are required to enter PAF's into MUNIS for the following(but not limited to) purposes: 1. Hire (This category only is typically entered by HR, once a New Hire Selection Form is submitted): a. New Hire b. Extra Help c. Seasonal Help d. Temporary Position, etc. 2. Leave: a. Administrative Leave (Admin/Disciplinary Leave With or Without pay) b. Family Medical Leave Act(FM LA Leave With or Without pay) c. Leave Without Pay(LWOP) d. Military Leave (Leave With or Without pay) e. Continued FMLA Leave- Doctor Approval f. Workers Compensation Time Loss (L&I) g. Authorized Leave of Absence h. Transfer from Paid to Unpaid Leave (or vice-versa) i. Return From Any Leave (Admin/FMLA/LWOP/MIL/L&I/Authorized With or Without Pay), etc. 3. Master: a. Address, E-Mail, Phone, or Emergency Contact Change or Update b. Name Change c. Supervisor Change d. Demographic Change e. Update an Employee's Service Date, etc. 4. Re-Hire: a. Re-hire or Re-Activate (Previous Full time/Part Time/Extra Help/Seasonal/Temporary/Project Employees b. Re-Activate for Collective Bargaining Agreement Payouts On inactive Employees, etc. 5. Salary: a. BARS and/or Account Code Changes b. Additional Positions/Job Classes c. Change in Employee Status(Full Time to Part Time/Extra Help or vice versa) d. Employee Payroll Allocation e. Promotions/Demotions f. Addition and/or Removal of Pays (Special Pay/Assignment Pay/Lead Pay/Out of Class Pay) g. Position and/or Departmental Transfer h. Reclassifications (Temporary & Permanent) i. Salary Increases/Decreases Mason County Personnel Policies Page 26 j. L&I Code Changes k. Probationary Period Ended or Extended I. Longevity Increases (Hourly Longevity for Public Works &Juvenile Courts only) m. Change Base Pay Type n. Payment Plan (Move to Payment Plan or End of Payment Plan) o. Job Class or Salary Table Corrections, etc. 6. Terminations: a. Termination (Termed/Retire/Resign/End of Term/Lay Off/Positon Term/Extra Help & Seasonal Term) b. Deceased Employee's c. Inactive (Return to Inactive, Military Out on Lon Term Military Leave, Ex/PT/FT/Seasonal changed to Inactive), etc. LMason County Personnel Policies Page 27 CHAPTER 6 BENEFITS 6.1 RETIREMENT BENEFITS The County makes contributions to the Social Security System on behalf of all eligible employees in addition to those contributions made by the employee through FICA payroll deductions. All regular uniformed employees in the Sheriff's Department are covered by the Law Enforcement Officers and Firefighters Retirement System (LEOFF). Benefit levels and contribution rates are set by the State of Washington.All regular full-time and eligible part- time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Benefit levels and contribution rates are set by the State of Washington. Membership in PERS is optional for Elected Officials and the Board of County Commissioners. Employees intending to retire should notify their Elected Official or Department Head of their intent to retire at least six(6)months prior to the date of retirement. The County participates in a Section 457 Deferred Compensation Plan which allows employees to make tax deferred contributions up to certain dollar limits defined by the IRS. Contributions and interest earnings from investments are not subject to income tax withholding until time of receipt. 6.2 WORKERS COMPENSATION Most employees are covered by the State Workers' Compensation Program.This insurance covers employees in case of on-the-job injuries or job-related illnesses. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and medical costs due to job-related injuries or illnesses.All job-related accidents should be reported immediately to the supervisor along with a completed accident/incident report. When an employee is absent for one or more days or receives medical attention due to an on-the-job injury, they are required to file a claim for Workers' Compensation. If the employee files a claim and is unable to work,the County will continue to pay(by use of the employee's unused sick leave)the employee's regular salary pending receipt of Workers' Compensation benefits unless the employee requests that sick leave not be used. If the employee has no accrued sick leave, they may request use of vacation leave. Coordination of Benefits: When the employee receives Workers' Compensation benefits, they are required to repay to the County the amount covered by Workers' Compensation and previously advanced by the County.This policy is to ensure that employee will receive Mason County Personnel Policies Page 28 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 they would have received had the injury not occurred. Upon the repayment of funds advanced, the appropriate amount of leave shall be restored to the employee's account. The County may require an examination at its expense to determine when the employee can return to work and if they will be capable of performing the essential duties of the position with or without reasonable accommodation. 6.3 HEALTH INSURANCE BENEFITS Regular full-time employees and regular part-time employees working at least eighty(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 they receive 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 29 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 their dependents who elect to exercise their COBRA continuation rights.An explanation of COBRA rights will be provided to new hires, annually to current employees, and when a qualifying event occurs. 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 30 CHAPTER 7 LEAVES Some leaves listed in Chapter 7 affect an employee's paycheck, benefits, and receipt of information such as state retirement and W-2's,therefore a Personnel Action Form may be required to be entered into the County's financial system as outlined in Chapter 5.11 Personnel Action Policy. 7.1 VACATION LEAVE Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Vacation Days Earned 1-3 years 12 days per year 4-7 years 15 days per year 8-9 years 18 days per year 10-11 years 20 days per year 12-14 years 22 days per year 15-16 years 23 days per year 17-19 years 24 days per year 20 or more years 25 days per year All new employees must satisfactorily complete their trial period to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Usually, new employees will start their employment at the minimum vacation accrual rate. However, as part of the negotiated compensation package,, for an at will position, a new employee may, upon the written request of the Elected Official or Department Head and approval of the Human Resources Administrator, be employed at a higher accrued vacation rate than the minimum. Regular full-time employees must work, or be in a paid status, at least eighty(80) hours in a month to accrue vacation for the month Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty(80) hours as their regular hours are to full-time employment to accrue vacation for that the month. 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. Mason County Personnel Policies Page 31 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. 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, 3.3,4.ioo district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility(RCW 4_9,46.oio) • 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 they reside or sleep at the place of their employment or who otherwise spends a substantial portion of their work time subject to call, and not engaged in the performance of active duties (Any on call staff who are not working in the office/field engaged in active duties for their entire shift.) • Any resident or inmate of the county correctional, detention, treatment or rehabilitative institution. Mason County Personnel Policies Page 32 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. The combined total of Washington paid sick leave and Mason County sick leave for all regular and part-time regular exempt positions, and those in non-represented positions, shall not exceed 8 hours in any given month. Employees in regular and part-time regular exempt positions, and those in non-represented positions, shall accrue additional sick leave in accordance with the following schedule: POLICYWPSL SICK LEAVE-INITIATIVE 1433(EFF 1/1/18) MCSL-EXISTING LEAVE Difference of Hours Per Year amount earned on (Based on FTE, WPSL— Approx.Hours all non-exempt Approximately 4 Per Month Hours Per Year employees hours a month. (Total of WPSL& (FTE=96,all receive (Pro-rated for MCSL is 8 hours others pro-rated) #of Hours #of Hours of additional hours Regular PT per month for Worked WPSL for OT) Employees) FTE) 40 1 52 44 S 96 Employees in regular and part-time regular non-exempt positions shall accrue additional sick leave in accordance with the amounts stated in their collective bargaining agreements. 7.2.4 Accrual Year The leave accrual year is December 16 to December 15. 7.2.5 Carryover of Paid Sick Leave Hours Any Washington paid sick leave that is accumulated during the accrual year, but unused as of December 15 in any year, shall be carried over to the succeeding year up to the following maximums: • For part-time (less than 8o hours a month), non-regular positions, 4o hours of will carry over to the succeeding year. • Employees in regular exempt, part-time regular exempt positions and non- represented employees will carry over a maximum of 15o days ( ,zoo hours). Mason County Personnel Policies Page 33 • 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. b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. c) A spouse; d) A registered domestic partner; e) A grandparent; f) A grandchild; g) A sibling; or h) Other relative or person living in the household of the employee with whom the employee has a familial relationship. 7.2.7 Authorized Uses of Paid Sick Leave Employees are eligible for sick leave for the following reasons: a) Personal mental or physical illness, injury, physical disability or health condition and/or preventative care such as a medical, dental or optical appointment; b) Care of a family member with an illness, injury, health condition and/or preventative care such as a medical, dental, or optical appointment; c) Employees must make a reasonable effort to schedule such appointments at times, which have the least interference with the workday; d) Quarantine of an employee by a physician for exposures to a contagious disease, where on-the-job presence of the employee would jeopardize the health of others; e) The need to care for a spouse, parent, or child of the employee who is ill or injured and requires the presence of the employee, except that no more than five (5) days of sick leave may be taken for any occurrence unless the condition of the spouse, parent, or child would qualify the employee for 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; Mason County Personnel Policies Page 34 g) In the event of a death in the employee's immediate family,the Board of County Commissioners may authorize an additional two (z) 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; 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; 1) If an employee is sent home for signs, symptoms, and/or quarantine orders of pandemic related illnesses; and m) 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 z, 6�-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 Mason County Personnel Policies Page 35 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 4 -12.265 (6) and 1.12.080 o Parent means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child; o Parent-in-law means a parent of the spouse or of a partner in a state registered domestic partnership of an employee; and o Grandparent means a parent of a parent of an employee. 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in 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. Mason County Personnel Policies Page 36 • 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 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; Mason County Personnel Policies Page 37 • 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. 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@comason.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 Personnel Policies Page 38 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. 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 their disability leave. Once the employee elects to use paid sick leave to supplement their earnings,the employee may not reverse the election. An employee may not elect use only a portion of his/her accrued sick leave. Employees who elect to use their accrued sick leave to supplement their wage while on disability shall bring their workers compensation check in to their department payroll to purchase back all or a portion of their leave hours used and paid to the employee during the disability. Once the employee makes payment to Mason County and Financial Services "Payroll" approves the deposit, the employee's number of leave hours will be added back to the accrual record. Any employee who collects both a full-accrued leave paycheck and a worker's compensation disability insurance payment SHALL remit the worker's compensation disability insurance payment to the county. In the event an employee does not submit, the worker's compensation disability insurance payment to the county may be subject to disciplinary action for misuses, falsifying, or abusing sick leave. 7.2.15 Shared Leave Washington paid sick leave shall not be used in a shared leave program. Mason County Personnel Policies Page 39 7.2.16 Sick Leave Cash-Out Payment for and balance up to the maximum amount allowed, by this policy and all other policies, shall be no greater than 1,20o hours of unused Mason County Sick Leave and shall be made only in the following circumstances: 1. Upon termination of employment with fifteen (15)years of continuous service with Mason County, and the employee's hire date was prior to April 13, 2010; or 2. Upon termination of employment with Mason County, when the termination is contemporaneous with retirement from the applicable Washington State public employees retirement system, and the employee was hired prior to April 13, 2010 with continuous service; or 3. Upon the death of an employee, in which case payment shall be made to their estate, provided the employee was hired prior to April 13, 2010; or 4. Employees who terminate employment to become an Elected Official of Mason County, provided the employee was hired prior to April 13, 2010. 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 7.2.16 Sick Leave Cash-out In the event any employee terminates their position with Mason County and returns within 12 months of separation, only Washington paid sick leave balance shall be restored. If the year has rolled over, prior to the employee's return to employment, and the employee's balance was greater than the 4o hours,the employee forfeits any unused balance greater than the maximum amount of 4o hours. Mason County sick leave hours shall not be paid out upon termination and will be forfeited, unless conditions are met in Section 7.2.13 or otherwise stated in a Collective Bargaining Agreement. Mason County Personnel Policies Page 40 7.2.18 Reinstatement of Employment If an employee leaves employment and is rehired within 12 months of separation, any accrued, unused Washington paid sick leave up to 4o hours will be reinstated to the employee's accrued leave bank. Employees in part-time, non-regular positions who are rehired within 12 months of separation, will not be required to wait go days to use accrued their accrued sick leave bank if the employee met this requirement in the previous period of employment. If an employee did not meet the go-calendar-day requirement prior to separation, prior employment time with the County will be counted for purposes of determining the eligibility of the employee for paid sick leave. If a regular status employee leaves and is rehired within 12 months of separation, any accrued, unused Mason County sick leave not previously paid out was forfeited upon termination of employment and shall not be restored. 7.2.19 Payroll Employees will be notified of their paid sick leave balance each month on their pay stub. This information will include: • Washington paid sick leave & Mason County sick leave accrued since the last notification; • Washington paid sick leave & Mason County sick leave used since the last notification; and • Current balances of Washington paid sick leave & Mason County sick leave available for use. 7.2.2o Retaliation Prohibited Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave. If an employee feels they are being discriminated or retaliated against,the employee may contact the Human Resources Administrator. If an employee is not satisfied with the response that they receive from Human Resources Administrator, the employee shall contact the Mason County Prosecutor for resolution prior to filing a complaint to Washington State Department of Labor& Industries. 7.3 LEAVE WITHOUT PAY The Elected Official or Department Head may grant leaves of absence without pay, or authorize a reduced work schedule, for absence from work not covered by any other type of Mason County Personnel Policies Page 41 leave or if other leave balances are exhausted.As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized. Examples of situations for which leave without pay, or a reduced work schedule may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, or pursuing an education. Such leave will not normally exceed ninety(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 Based on RCW 38.4o.o6o,the County provides all employees leave while performing military service in accordance with federal and state law. Regular full-time and part-time employees receive paid military leave of up to 21 working days per year for military service. In general, if military service extends beyond 21 working days, the additional leave will be unpaid.All employees who are not eligible for paid military leave are provided unpaid leave for a period of their military service. Military service includes active military duty and Reserve or National Guard training.You are required to provide your supervisor with copies of your military Mason County Personnel Policies Page 42 orders as soon as possible after they are received. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. 7.7 FAMILY LEAVE The County complies with the Federal Family and Medical Leave Act of 1993 (the FMLA)and all applicable state laws related to family and medical leave.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 FMLA leave you are taking, it is the County's policy that you must use that paid sick leave as part of your FMLA leave. Use of vacation time for FMLA leave, however, is at your option. If you use paid leave for a purpose for which FMLA leave would be available, it is the County's policy to designate your paid leave as counting against your FMLA leave allowance. You are required to notify us if you use paid leave for a reason covered by the FMLA so that we may properly account for the leave. Mason County Personnel Policies Page 43 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 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 Mason County Personnel Policies Page 44 a sick parent, the total annual FMLA leave available to you as a couple for those purposes is 12 weeks. Determining Leave Availability: FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12- month period measured backwards from the date 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. Paid Family and Medical Leave Overview: Paid Family and Medical Leave, RCW 5oA.04 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If you qualify,this program will allow you to take up to 12 weeks, as needed, if you: • Welcome a child into your family(through birth, adoption or foster placement) • Experience a serious illness or injury Mason County Personnel Policies Page 45 • Need to care for a seriously ill or injured relative • Need time to prepare for a family member's pre-and post-deployment activities, as well as time for childcare issues related to a family member's military deployment. For specifics on military-connected paid leave, visit www.dol.gov/whd[regslcompliance/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$50,000 annually.The employer is responsible for paying the other 37 percent. Businesses with fewer than 5o employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019.Your employer will calculate and withhold premiums from your paycheck and send both your share and theirs to ESD on a quarterly basis. Taking Leave: Starting Jan. 1, 202o, employees who have worked 82o hours in the qualifying period (equal to 16 hours a week for a year)will be able to apply to take paid medical leave or paid family leave.The 82o hours are cumulative, regardless of the number of employers or jobs someone has during a year. All paid work over the course of the year counts toward the 820 hours, including part-time, seasonal and temporary work. While on leave, you are entitled to partial wage replacement. That means you will receive a portion of your average weekly pay.The benefit is generally up to go percent of your weekly wage, with a minimum of$goo per week and a maximum of$1,000 per week. You will be paid by the Employment Security Department rather than your employer. Mason County Personnel Policies Page 46 Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may take Paid Family and Medical Leave if they meet the standard eligibility requirements. Please go to paidleave.wa.gov for more information on 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. 7.10 WASHINGTON STATE LONG TERM CARE TRUST ACT "WA CARES" COMPLIANCE The parties acknowledge that RCW 5_oB.04,o8o requires premium deductions for the Long- Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual's wages at the current rate set in accordance with RCW 5_o_B.04.o80. An employee may apply for a premium exemption in accordance with RCW_5o_B.o4.o85.The parties agree that January 1, zozz, deductions will commence at the rate of fifty-eight hundredths of one percent(0.0058%) of the employee's wages in accordance with RCW 5oB.04.08o and such, or similar language will be included in the ratified agreement. 7.11 HOLIDAYS The following are recognized as paid holidays for all regular full-time and part-time employees: Holiday Day Observed New Year's Day January 1 Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 191h Independence Day July 4 Mason County Personnel Policies Page 47 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. For any holiday to be paid, an employee must be in a paid status on the employee's scheduled workday before and after the holiday. Use of floating holiday is to be at the discretion of the employee with the approval of the Supervisor in advance of the absence. Floating holiday(s) must be used by December 15, or will be forfeited, unless denied on the basis of staffing needs by the County. Floating holidays shall be used in whole hour increments. Christmas Eve Day may be taken off based on the operational needs of the County and Public Works, and if this cannot be accommodated, the employee will schedule an alternate date with their supervisor's approval. Non-exempt regular full-time or part-time employees will be given equivalent time off for any time worked on a holiday. Such work on a holiday must be pre-authorized by the supervisor. Extra help employees are not entitled to holiday and will be paid at their regular straight- time rate for hours worked on a holiday. 7.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization, as pursuant to 513 517_3__2013-Wor successor legislation). The employee may select the days on which they desire 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. Mason County Personnel Policies Page 48 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. 7.13 BENEFITS FOR PART-TIME AND EXTRA HELP EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time and extra help employees are as follows: Regular Part-Time Employees: All leaves, including holidays, are pro-rated. Pro-rated means the ratio between the number of hours in the employee's normal work schedule and [forty (4o) hours] per week. Regular part-time employees working three-quarter time or more shall receive the same insurance premium contribution as regular full-time employees. Regular part-time employees working between eighty(8o) hours per month and three- quarter time shall receive one-half the insurance premium contribution of regular full-time employees. Regular part-time employees, whose hours may drop below the eligibility thresholds referenced above for one or more months during the calendar year due to work requirements, will be eligible for insurance premium contributions for all months if their average hours for the calendar year meet the eligibility criteria. Extra help Employees: Extra help employees normally are not eligible to receive benefits, including leaves, holidays and insurance. Mason County Personnel Policies Page 49 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 their assigned County job. Examples include, but are not limited to, outside employment which: 1. prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; z. is conducted during the employee's work hours; 3. utilizes County telephones, computers, supplies, or any other resources,facilities or equipment; 4. is employment with a firm which has contracts with or does business with the County; or Mason County Personnel Policies Page 50 5. may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. Employees considering or engaged in an additional job, contractual commitment or self- employment,who are concerned about a conflict of interest should discuss the matter with their Elected Official or Department Head. 8.3 REPORTING IMPROPER GOVERNMENTAL ACTION General Policy: In compliance with the Local Government Employee Whistleblower Protection Act,RCW 42-41.050, this policy is created to encourage employees to disclose in good faith, improper governmental action taken by County officials or employees without fear of retaliation.This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the County, with a process provided for speedy dispute RESOLUTION. Key Definitions: Improper Governmental Action: any action by a County Officer or employee that is: 1. undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and 2. in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. 3. "improper governmental action" does not include personnel actions including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployment, performance evaluations, reductions in pay, dismissals, suspensions, reprimands, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations or any action that may be taken under Chapter 41.14 or 41.56 RCW. Retaliatory Action: means any(a) adverse change in a local governments employee's employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes,frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary actions; or(b) hostile actions by other employees toward a local government employee that were encouraged by a supervisor or senior manager or official. Mason County Personnel Policies Page 51 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. 2. 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 their identity in writing. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation,pursuant to RCW 42.41.030. In the case of an emergency,where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the County to determine whether an improper government action occurred, or that insufficient action was taken by the County to address the improper action or that for other reasons the improper action is likely to recur. Protection Against Retaliation: It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action shall follow 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 S2 z. 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 their official authority or influence, directly or indirectly to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee's right to disclose information concerning an improper governmental action in accordance with the provisions of this policy. 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. Any County employee who meets with or may be observed by the public or otherwise represents the County to the public, while performing their regular duties, may not wear or Mason County Personnel Policies Page 53 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. 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. Mason County Personnel Policies Page 54 Pursuant to RCW Chapter 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.. 6o Washington Clean Indoor Air Act, prohibiting smoking in all public places and places of employment. 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.) 8.7 USE OF COUNTY EQUIPMENT Use of County phones for local personal phone calls should be kept to a minimum; long distance personal use must be approved in advance by the Elected Official or Department Head. Other County equipment, intruding vehicles, should be used by employees for County business only. An employees' misuse of County services, telephones, vehicles, equipment or supplies can result in disciplinary action including termination. Mason County Personnel Policies Page 55 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. 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 their Elected Official or Department Head.The County will make every effort to remedy problems as quickly as possible. Mason County Personnel Policies Page 56 In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor and complete an accident/incident report. Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit. The only exception to this rule involves law enforcement positions for which the job regimes possession of dangerous weapons. Employees should consult the County's Safety Policy and Accident Prevention Program for additional details concerning safety. 8.12 SUBSTANCE ABUSE The County's philosophy on substance abuse has two focuses: (1) a concern for the well- being of the employee and (z) a concern for the safety of other employees and members of the public. Availability of Rehabilitation or Treatment:As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation.Although the decision to seek diagnosis and accept treatment is completely voluntary, the County is fully committed to helping employees who voluntarily come forward overcome substance abuse problems. In most cases,the expense of treatment may be fully or partially covered by the County's benefit program. Please contact the EAP or Human Resources for more information. Employees who seek advice or treatment will not be subject to retaliation or discrimination. Substance Abuse Policy for Operators of Commercial Motor Vehicles: County employees who hold commercial driver's licenses ("CDLs")and who operate commercial motor vehicles while employed by the County are subject to additional rules and regulations imposed by the federal government These regulations require urine drug testing and alcohol breath testing in the following circumstances: 1. pre-employment; z. reasonable suspicion; 3. post-accident; 4. return to duty testing; 5. random testing. Mason County Personnel Policies Page 57 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. Mason County Personnel Policies Page 58 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 59 CHAPTER 10 COMPLAINT PROCEDURES 10.1 COMPLAINT PROCEDURES The County recognizes that sometimes situations arise in which employees feel that they have not been treated in accordance with County policies. For this reason the County provides its employees with procedures for resolving complaints. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of County policies and procedures, the employee should attempt to resolve the problem with their Elected Official or Department Head.The Elected Official or Department Head will usually respond to the employee in writing within five (5) days after meeting with them, if possible. Step 3: If the employee is not satisfied with the response in Step 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 60 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, z) it is an advanced degree in a field of study relevant to the employee's current position. Mason County Personnel Policies Page 61 6. There is no limit to the number of credit hours eligible for reimbursement per semester/quarter. Employees are encouraged to be prudent in the selection of the number of courses attempted each semester. Employees must be in paid status when reimbursement is sought. For the purpose of this policy, paid status is defined as working the employee's regular schedule or on approved vacation leave. 7. Employees must satisfactorily complete the course work to be considered for reimbursement. Satisfactory completion is defined as award of a grade of"C" or higher, or the equivalent, in the coursework for which reimbursement is sought. 8. Reimbursement will be up to the tuition rate at the University of Washington or Washington State University, whichever institution offers the course of instruction concerned. If both Universities offer the course of instruction, the reimbursement rate will up to the lower rate of the two universities.This rate will apply to courses of instruction at private universities, correspondence programs or other high cost programs. g. All required fees may be reimbursed at the designated approval percentage. Books, lab and building use fees will be reimbursed at 50 percent, regardless of the course of study. 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 62 CHAPTER 12 NON-DISCRIMINATION & HARASSMENT POLICY 12.E 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 63 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 their gender that is sufficiently pervasive or severe as to alter the terms or conditions of employment. Such conduct can take many forms including unwelcome slurs, comments,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 is committed to providing equal opportunities for County employees with disabilities. Every reasonable effort will be made to create an accessible work Mason County Personnel Policies Page 64 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 I MANAGER RESPONSIBILITIES When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory behavior has occurred,they 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 discrimination and harassment will be handled with sensitivity,discretion,and confidentiality to the extent allowed by the circumstances and the law. Mason County Personnel Policies Page 65 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 their immediate supervisor,their 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: • They have been the target of discrimination or harassment(including bullying); • They have personal and first-hand knowledge of behavior believed to be in violation of this policy;or • They have 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 66 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. LMason County Personnel Policies Page 67 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 [ ] Age [ ] Marital Status [ ] Veteran's Status [ ] Religion [ ] Creed [ ] National Origin [ ] Ethnicity [ ] Retaliation [ ] Sexual Orientation [ ] Disability or genetic information [ ] Sex (including pregnancy) [ ] 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 Mason County Personnel Policies Page 68 Printed Name Mason County Personnel Policies Page 69 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 RCW46.z5.o3o.All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. z. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments.All allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees-Where permitted,the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW-41.56. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy, those rules shall apply. 5. All users of county vehicles(owned, leased, or rented) or personal vehicles being used for county business purposes, including regular employees, temporary employees, contractors, volunteers and citizens. 13.2 VEHICLE USE POLICY DEFINITIONS Vehicle: Per RCW 4-6.04.67o 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 46.04.320 means every vehicle that is self-propelled by electric poser obtained from overhead trolley wires, but not operated upon rails. Special Mobile Equipment: Per RCW_46 o.4.552 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 70 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 71 Occasional overnight usage of county-owned vehicles: County employees taking home county-owned vehicles for conducting county business away from the employee's normal place of work and outside an employee's normally scheduled work hours. 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS PURPOSE and RESPONSIBILTY It is the responsibility of the Board of County Commissioners (BOCC)to ensure the proper use of public funds concerning the County practice of allowing employees to commute to and from work in County-owned and leased vehicles.The BOCC is to assure all County owned and leased vehicles are used responsibly and centralized controls are in place to report taxable benefits if applicable.All Take-Home Vehicle assignments for County issued vehicles will be reviewed by the BOCC annually. The BOCC wish to restrict the number of county-owned and leased vehicles used by employees to commute to and from work. This policy is applicable to all Mason County Departments and Elected Officials' Offices. AUTHORITY and REFERENCES IRS Publication 15-B Fringe Benefit IRS Publication 5137 Fringe Benefit Guide IRS Substantiation Requirements§1.274-5 Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of Qualified Non-personal Use Vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined below. Take-Home Vehicle assignment must be preapproved by BOCC, unless for a temporary assignment. 13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 12/31/16) (A)Clearly marked police,fire, and public safety officer vehicles (B)Ambulances used as such or hearses used as such (C)Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds (D)Bucket trucks(cherry pickers) (E) Cement mixers Mason County Personnel Policies Page 72 (F) Combines (G)Cranes and derricks (H)Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat (1) Dump trucks(including garbage trucks) (J) Flatbed trucks (K) Forklifts (L) Passenger buses used as such with a capacity of at least 20 passengers (M)Qualified moving vans (N)Qualified specialized utility repair trucks (as defined in Publication 5137) (0)Refrigerated trucks (P) School buses (Q)Tractors and other special purpose farm vehicles (R) Unmarked vehicles used by law enforcement officers if the use is officially authorized (S) Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B The use of County vehicles or travel reimbursement is preferred over the assignment of take-home vehicles for conducting county business. Assignment of a County vehicle is neither a privilege nor a right of any County employee. Assignment of a County vehicle shall not be made based on employee merit or employee status. The need for communication access (car radio, telephone, etc.)shall not be considered adequate justification for a County vehicle assignment. Wherever possible, assigned County vehicles shall be picked up and dropped off at designated County parking area, thereby avoiding the assignment of Take-Home Vehicles. 13.5 EMERGENCY RESPONSES Take-Home Vehicles may be assigned to county employees who: 1. Are called out at least 12 times per quarter, or 48 times a year and have primary responsibility to respond to emergencies which require immediate response to protect life or property; and 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 73 Emergency response assignments should be supported by data demonstrating the actual number and nature of emergency responses in the prior year, and estimates of future emergency responses.There must be an explanation as to why an employee cannot use alternative forms of transportation to respond to the emergencies or pick up county-owned or leased assigned vehicles at designated parking areas. 13.6 SPECIAL EQUIPMENT VEHICLES Take-home vehicles may be assigned if an employee needs specialized equipment or a special vehicle to perform county work outside of an employee's normally scheduled workday. 1. Communication access shall not normally be considered a valid justification for a specially equipped take-home vehicle. z. Employees must have primary responsibility to respond to emergencies. 3. Special equipment vehicle assignments shall be supported by information describing the special equipment needed to perform the county work. 13.7 ECONOMIC BENEFIT TO THE COUNTY Take-home vehicles may be assigned if employee's private vehicle mileage reimbursement costs are greater than the commuting costs for an assigned county vehicle with overnight vehicle usage. 1. Lost productivity costs, the cost of the time it takes an employee to travel from a designated county parking facility to their work station, shall not be included in the calculation of economic benefit to the county. 2. There must be an explanation as to why an employee cannot use alternative forms of transportation or pick up county-owned or leased vehicles at designated parking areas. 3. Tax treatment of all vehicle assignments shall be subject to current regulations. 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 74 1. Inclement weather conditions:When employee is on-call and has primary responsibility to respond. z. 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. 113m 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 3o1h 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 ILMason County Personnel Policies Page 75 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 Risk Management by September 3oth 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 76 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 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 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. 13•15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS The County has auto liability coverage on its Mason County vehicles.Authorized employees, appointed or authorized representatives and persons, or volunteers driving Mason County vehicles are covered under the County's liability coverage. However, employees using their personal vehicles for County business are not included in the County's insurance coverage and, therefore their personal vehicle insurance is responsible for accidents, regardless of whether the accident occurred while they were on County business. The mileage Mason County Personnel Policies Page 77 reimbursement received by employees for approved use of personal vehicles includes, in part, a reimbursement for personal insurance coverage. Employees should consult with their insurance agent/company to inquire about what coverage exists while using their personal vehicles for County business. 1. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. 2. When an employee is using their privately owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position.This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular(routine) basis. 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations.Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide 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. 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. Mason County Personnel Policies Page 78 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. z. Interagency use of a county vehicle requires authorization from the county's elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS The following policies govern all vehicle use for county business: 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. Mason County Personnel Policies Page 79 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. 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). Mason County Personnel Policies Page 80 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). 2. Motor Pool User Agreement- Each department head and elected official or their designee will acquire a signed Motor Pool User Agreement(MPUA), annually from each of their employees that operate a motor pool county-owned/leased vehicle for business purposes. 3. Driving Record Request a. Employees who are required to operate a vehicle on a regular(routine) basis to perform their job shall, as part of the Vehicle Use Agreement, authorize Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46. 2.130. 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 ILMason County Personnel Policies Page 81 Department of Licensing per RCW 46.52.130 if requested by their department head, elected official and/or the Risk Management Office. 13.23 DRIVER DISQUALIFICATION AND REVIEW County employees and other authorized agents of the county may become disqualified as a driver for county business for any of the following conditions: 1. Three or more moving violations in the past three years. 2. Two accidents if one or more results in injury, loss of life or significant property damage. Note:This includes only accidents where the driver was substantially at fault. 3. Suspension or revocation of driver's license. 4. Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. 5. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such change may result in revocation of the privilege to drive a county-owned/leased vehicle or a personal vehicle utilized for county business and/or disciplinary action up to and including termination. 6. Drivers denied the use of a county vehicle based on an unsatisfactory driving record may request a review of the denial through their department head or elected official. The Risk Management Office should be consulted regarding any requests for review. 7. A requested review will be investigated by the department head or elected official and the Risk Management Office then approved or denied by the elected official in writing.Approval or denial will be documented and kept on file in the Risk Management Office. 13.24 ACCIDENTS AND CITATIONS Employees are fully responsible to operate vehicles on county business in a legal, safe, and prudent fashion and are subject to appropriate corrective action for failure to do so, up to and including termination. 1. Employees shall immediately report all traffic accidents and/or damage to their vehicle to their supervisor or department head or elected official while operating a personal or county-owned/leased vehicle while on county business. In addition to any state required accident reports, employees shall complete the Risk Management Vehicle Accident_Report form within the first business day following the accident.The report will be forwarded to Risk Management. A review by the department head or elected official may be convened to evaluate the accident depending on the severity. Mason County Personnel Policies Page 82 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. 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 Mason County Personnel Policies Page 83 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. 2. 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. 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: Mason County Personnel Policies Page 84 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. z. The county driver shall then immediately notify their supervisor and the appropriate law enforcement agency. No vehicles shall be moved from the accident scene until law enforcement arrives unless a greater safety hazard would be created by not moving the vehicle(s). 3. The county employee/driver shall exchange information regarding driver's license, vehicle registration, and insurance information with the operator(s) of the other vehicle(s). 4. If possible, the county employee/driver shall gather the names and addresses of all potential witnesses including passengers in all vehicles involved. 5. If possible, take photos of both the county vehicle and the other injured parties vehicle, equipment or the scene itself. 6. The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle. If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform_Collision Report Form_(WSP 61)within twenty-four hours of the accident. Mason County Personnel Policies Page 85 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 86 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 87 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/recordsmanaaementlmanaging- emails._a_spx. 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 88 record.The function/content of each e-mail message should be evaluated against the following criteria of a public record: • Was the email created in the course of doing County business? • Was the email received for action? • Does the email document County activities, decisions, or actions? • Is the email mandated by statutes or regulations? • Does the email support financial obligations or legal claims? • Does the email communicate County requirements? 2. Email messages that meet the definition of a public record must be managed according to their approved retention period in their native format. https://www.sos wa.goy archives/recordsmanag_ement/local-F;overnment- 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 89 Definitions& References: Public Record Information in any format, that has been made by or received by Mason County in connection with the transaction of public business. Transitory Record A public record with minimum retention value. These records can be deleted "as soon as no longer needed for agency business". They are subject to public disclosure while they exist. Non-Record Non-records may be created or maintained by County employees, but do not document the organization, functions, policies, decisions, procedures, operations, or other activities of Mason County. Records Management Requirements: RCW 40.14- Preservation and Destruction of Public Records http://appsaeg.wa.gov_/rcw/d efa_u_lt.aspx?cite=40.14 WAC 434-662-040 - PRESERVATION OF ELECTRONIC PUBLIC RECORDS Agency Duties and Responsibilities: http:/Lapps.l_eg wa.gov/WACJdefault.aspx?cite 34-661-040 WAC 434-662-150 - Preservation of Electronic Public Records: Email Management http://apes.l_eg.wa.gov/WAC�default.aspx?cite=4�4-66z—�5o 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 interfere with the government's ability to perform its mission. Elected officials and Department Heads shall determine when usage is acceptable for their employees. Mason County Personnel Policies Page 90 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. 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. Mason County Personnel Policies Page 91 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 92 CHAPTER 15 -SOCIAL MEDIA POLICY 15.E 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 their self on a social networking site. Social Media:A category of Internet-based resources that integrate user-generated content and user participation.This includes, but is not limited to, social networking sites (Facebook, MySpace), micro-blogging sites (Twitter, Nixie), photo-and video- sharing sites (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). Social Networks: Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. Speech: Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. Web z.o:The second generation of the World Wide Web focused on shareable, user generated content, rather than static web pages. Some use this term interchangeably with social media. Wiki:Web page(s)that can be edited collaboratively. Mason County Personnel Policies Page 93 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). ii. As marketing/promotional channels which increase the County's ability to broadcast its messages to the widest possible audience. B. Wherever possible, content posted to Mason County social media sites should contain links directing users back to the County's official website for in-depth information, forms, documents or online services necessary to conduct business with Mason County. C. As is the case for Mason County's web site, assigned department staff will be responsible for the content and upkeep of any social media sites their department may create. D. All Mason County social media sites shall comply with all appropriate Revised Code of Washington (RCW), Mason County policies and standards, including but not limited to: i. Mason County Electronic Information Acceptable Use Policy (Revision F) ii. Mason County Blogging Policy iii. Mason County Electronic Communications Policy iv. Mason County Personnel Policy v. RCW 42.52_Ethics in Public Service vi. Mason County Social Media Standards for Facebook and Twitter vii. State of Washington public records laws 3. Mason County's social media sites are subject to State of Washington public records laws (RCW 42.56). Any content maintained in a social media format that is related to County business, including a list of subscribers and posted communication, is a public record.The Department maintaining the site is responsible for responding completely and accurately to any public records request for public records on social media. Content related to County business shall be maintained in an accessible format and so that it can be produced in response to a request utilizing an approved retention and archiving program. Wherever possible, such sites shall clearly indicate that "any articles and any other content posted or submitted for posting are subject to public disclosure". Users shall be notified that public disclosure requests must be directed to the relevant departmental public disclosure officer. 4. Washington state law and relevant Mason County records retention schedules apply to social media formats and social media content. Unless otherwise Mason County Personnel Policies Page 94 addressed in a specific social media standards document, the Department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a County server in a format that preserves the integrity of the original record and is easily accessible through the approved retention and archiving program. Appropriate retention formats for specific social media tools are detailed in the Mason County Social Media Standards for Facebook and Twitter. 5. Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communication between Mason County departments and members of the public. Social media pages should state, where possible, that"Opinions expressed by visitors to the page(s) do not reflect the opinions of Mason County". Pages shall clearly indicate that posted comments will be monitored and that the department reserves the right to remove obscenities, off-topic comments, and personal attacks. Mason County social media site articles and comments containing any of the following forms of content shall not be allowed: A. Comments not topically related to the particular social medium article being commented upon; B. Comments in support of or opposition to political campaigns, ballot measures or pending action items; C. Profane language or content; D. Content that promotes,fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; E. Sexual content or links to sexual content; F. Solicitations of commerce; G. Conduct or encouragement of illegal activity; H. Information that may tend to compromise the safety or security of the public or public systems; or I. Content that violates a legal ownership interest of any other party. 6. These guidelines must be displayed to users or made available by hyperlink.Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available. 7. Mason County Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law posted on a Mason County social media site. Mason County Personnel Policies Page 95 8. Mason County personnel will approach the use of social media tools as consistently as possible, County Government wide. 9. Administration of Mason County's social media sites. A. The Mason County Information Services Department will maintain a list of social media tools which are approved for use by County departments and staff. B. The Mason County Information Services Department will maintain a list of all Mason County social media sites, a list of logins and passwords will be supplied by department/ Office directors/ managers. (The Mason County Information Services Department must be able to immediately edit or remove content from social media sites.) C. Official Mason County logo must appear somewhere on the "cover page" of the social media site. D. Mason County personnel use of personally owned devices to manage the County's social media activities or in the course of official duties is prohibited without express written permission by their department director. E. Mason County personnel shall observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. lo. For each social media tool approved for use by the County the following documentation and financial planning will need to be developed and adopted by each department/office: A. Standards and processes for managing and administration of accounts B. Written operational and use guidelines C. Secured budgeting for the approved retention and archiving program The following social media sites and networks have been approved for use by Mason County: • Twitter- Mason County Twitter Standard • Facebook- Mason County Facebook Standard All additional social media tools proposed for County use will be forwarded to the Information Services Manager for review and processing for approval with the Board of County Commissioners. Mason County Personnel Policies Page 96 15.2 BLOGGING POLICY Mason County departments Facebook and Twitter accounts, commonly referred to as "blog" sites, provide County officials the ability to post short articles, exchanges of information, post status updates and photos, and receive notifications related back to those postings. County blogs facilitate further discussion of those articles by providing members of the public the opportunity to submit comments regarding the articles. Comments submitted by members of the public must be directly related to the content of the article. Submission of comments by members of the public constitutes participation in a limited public forum. 1. Definitions: Blog: (an abridgment of the term web log) is Facebook or Twitter accounts/website with regular entries of commentary, descriptions of events, or other material such as graphics or video. Mason County blog author:An authorized Mason County employee/official that creates and is responsible for posted blog articles (see blog article below). Blog article:An original posting of content to a Mason County blog site by a Mason County blog author. Blog commenter:A member of the public who submits a comment for posting in response to the content of a particular Mason County blog article. Blog comment:A response to a Mason County blog article submitted by a blog commenter. Mason County blog moderator:An authorized Mason County employee/official, who reviews, authorizes and allows content submitted by a Mason County blog authors and public commenters to be posted to a Mason County blog site. 2. All County blogs shall be: A. Approved by the Mason County department/office Elected Official and the Mason County Information Services Manager B. Published using the approved County blog sites(see Social Media Policy) C. Administered by the Mason County Information Technology Department (except Mason County Sheriff's Office). 3. All Mason County blogs shall adhere to the following Revised Codes of Washington and County policies: A. Mason County Electronic Information Acceptable Use Policy(Revision F) B. Mason County Electronic Communications Policy Mason County Personnel Policies Page 97 C. Mason County Personnel Policy D. RC_W__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 98 vi. Solicitations of commerce; vii. Conduct or encouragement of illegal activity; viii. Information that may tend to compromise the safety or security of the public or public systems; ix. Content that violates a legal ownership interest of any other party 9. Mason County blog moderators shall allow blog comments that are topically related to the particular blog article being commented and thus within the purpose of the limited public forum, with the exception of the prohibited content listed in Section 8 above. lo. All Mason County blog moderators shall be trained regarding the terms of this Mason County Blogging Policy, including their responsibilities to review article content submitted for posting to ensure compliance with the Policy. 11. All blog sites shall clearly indicate that they are maintained by a particular Mason County department/office and shall have the Mason County departments/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. z. 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. 2. All blog articles submitted with attached content shall be scanned using antivirus technology prior to posting. Mason County Personnel Policies Page 99 3. The linked content of embedded hyperlinks within any Mason County blog articles or blog comments submitted for posting shall be evaluated prior to posting. Any posted hyperlinks shall be accompanied by a disclaimer stating that "Mason County guarantees neither the authenticity, accuracy, appropriateness nor security of the link, web site or content linked thereto." 15.3 FACEBOOK STANDARDS POLICY Facebook is a social networking site. Businesses and governments have joined individuals in using Facebook to promote activities, programs, projects and events.This standard is designed for County departments/Offices looking to drive traffic to the Mason County Web sites (www.co.mason.wa.us)and to inform more people about County's activities.These standards should be used in conjunction with the County's Blogging Policy and Social Media Policy.As Facebook changes, these standards may be updated as needed. Establishing a Page When a department determines it has a business need for a Facebook account, it will submit a request through their chain of command to the Elected Official or Division Director. Once approved by their Elected Official or Division Director, the department social media personnel will create the page which will include the official County logo. Content 1. Type of 'pages' A. The County department will create "pages" in Facebook not "groups". Facebook"pages" offer distinct advantages including greater visibility, customization and measurability. Related community pages are unofficial representations of county business created by Facebook. Community pages will currently be accepted as is unless there is a copyright/trademark issue. B. For"type" description, choose "government". 2. Page Design Requirements A. The Mason County logo is to be added to the cover photo. B. Departments will complete the Page Info section as fully as possible. C. If comments are turned on,the Facebook page should include a tab/link to a Comment Policy tab with the following disclaimer: Comments posted to this page will be monitored. Under the Mason County blogging policy,the County reserves the right to remove inappropriate comments including those that have obscene language or sexual content, threaten or defame any person or organization, violate the legal ownership interest of another party, support or oppose political candidates or ballot propositions, promote illegal activity, promote commercial services or products or are not topically related to the particular posting. Mason County Personnel Policies Page 100 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. z. 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 101 may be useful to the page's mission, they can cause clutter and security risks. B. An application should not be used unless it serves a business purpose, adds to the user experience, comes from a trusted source and is approved by the Elected Official or Division Director. C. An application may be removed at anytime if there is significant reason to think it is causing a security breach or spreading viruses. D. For security purposes, all Facebook accounts logins and password will be kept by the assigned department communications officers, Division Director/ Elected Official, and Information Services. Archive • Each Facebook page will be set up in conjunction by Information Services to a designated county account. • Mason County's social media sites are subject to State of Washington public records laws RCW 42.56 . • Content that cannot be retrieved from Facebook via the approved retention and archiving program, but need to be retained as a record, will be printed and maintained according to the County's records retention policy by that individual department/office utilizing the account. 15.4 TWITTER STANDARDS POLICY Twitter is a micro blogging tool that allows account holders to tweet up to 140 characters of information to followers. By procuring and maintaining Twitter accounts, County departments will communicate information directly to their Twitter followers, alerting them to news and directing them to the Mason County Website (www.co.mason.wa.us)for more information.These standards should be used in conjunction with the County's Social Media Policy. Content ,. Department communications officer shall hold and maintain their department's Twitter account. A. Each department will have only one Twitter account, unless otherwise approved by the Elected Official or Division Director.Account information, including usernames and passwords, shall be registered and updated with the department Communications officer, Division Director and Elected Official. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. Mason County Personnel Policies Page 102 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.masonwa.us 7. Information posted on Twitter shall conform to the policies and procedures of the County Social Media Policy and the department/office posting the information. Tweets shall be relevant, timely and informative. 8. Twitter content is short synopsis of information presented on the Mason County Website and other existing information dissemination mechanisms. Department communications officer shall ensure that information is posted correctly the first time.Twitter does not allow for content editing. 9. Department communications officer shall be responsive to those citizens who communicate via Twitter's @reply or direct message functions. Communication with followers will be timely and consistent with existing protocols. lo. Mason County Information Services Department shall have the right to suspend or close a Twitter account for improper usage in alliance with the Mason County Social Media Policy. Archive 1. Department communications officer shall be responsible for archiving Twitter posts. Initial policy will be to archive Twitter postings with the approved retention and archiving program selected by the Information Services in accordance to RCW4z.S_6. 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 103 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 104 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) zz, 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 105 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 106 CHAPTER 17 TELEWORK POLICY 17.1 PURPOSE To establish guidance and direction for when there is a determined need for qualified employees to conduct County business from a location outside the normal work location. 17.2 ELIGIBILITY Teleworking may be used on specific occasions or more often depending on the need. Qualified employees may request approval to telework, but all may not be eligible.Their work must: 1. Require minimal face-to-face interaction with co-workers, supervisors and customers.Writing, reading,telephoning, data analysis, computer programming, word processing and certain data entry functions are all tasks amenable to teleworking. 2. Have a minimal need for specialized material, equipment or supervision. An employee's request to telework will be considered in light of the objectives of the office or department and must be approved by the Elected Official/County Administrator/Department Head for the office or department. Approval is discretionary and will be based on the following factors: 1. Office/Department needs; e.g., emergencies, special projects, critical position, etc. 2. Employee's job performance history 3. Nature of work 4. Effect on service to clients and effect on office workload 5. Competing work schedule or leave requests 17.3 JOB RESPONSIBLITIES AND CONDITIONS 1. Employee salary,job responsibilities, benefits and insurance coverage will not change. 2. Professionalism in terms of job responsibilities, work, output, and customer service will continue to follow the high standards set by County policies. 3.Teleworkers are responsible for maintaining effective workflow among clients, coworkers, and the Elected Official/County Administrator/Department Head. 4.The amount of time an employee is expected to work will not change. Overtime hours will not be permitted unless requested and authorized in advance by the supervisor. 5.Teleworking is not a substitute for dependent care. 6.Teleworkers may withdraw or be withdrawn by the Elected Official/County Administrator/Department Head from the program at any time with three (3)days written notice, or sooner if there is an immediate need. 17.4 TELEWORK SITE The Teleworker must designate and maintain a clean, safe, and productive workspace that is adequate for accomplishing necessary tasks and free of obstructions and distractions.The site must also be Mason County Personnel Policies Page 107 ergonomically correct based upon Labor& Industries guidelines to prevent occupational disease or injuries. 1. Employee's telework site is considered an extension of the office/department for limited purposes while employee is in official telework status.All County policies are in effect. 2.The County owned computing device, or any other equipment assigned to the employee while teleworking shall not be used for personal business. 3.The County may make on-site inspections of the telework work site and any County-owned equipment,at a mutually agreed upon time. 4.The County may electronically monitor employee's activities while connected to County network. 5.Teleworkers will take precautions necessary to secure proprietary and confidential information and prevent unauthorized access to any County systems or paper files. 6. Employee's in telework status shall be available during the approved work schedule for telephone calls. 7.The county will not pay for a telework site (physical facility),telephone lines,or internet connection. 8.A Teleworker must not conduct in-person meetings with customers or co-workers while working from home. 17.5 COMPUTERS, SOFTWARE, SUPPLIES,AND SUPPORT 1.Any hardware or software furnished by the County remains the property of the County and will be returned should a teleworking agreement be terminated. Information Technology(IT)will coordinate all transfers of equipment according to established procedures. 2. County owned software may not be duplicated except as formally authorized by the manufacturer's licensing agreement. 3. Any requests for PCs or terminals with access to County networks, mainframes, or other applications must be reviewed and approved by the IT Department. 4. County equipment (computers, printers, modems, telephones, etc.) furnished to the teleworking employee is to be used only by authorized persons for official County business. 5. Supplies required to complete assigned work at the telework work site shall be obtained during the teleworker's in-office work periods. 6. IT shall be responsible for any County equipment maintenance, installation of software,security access, or support. 7. Only County approved software will be installed on County approved teleworking equipment. 8.Teleworkers requiring access to the County's Virtual Private Network (VPN) must contact IT Help Desk at 360-427-9670 ext. 558,via the County's IT Support Ticket System at http://helpdesk.mason.local/tickets/or via e-mail to toddc@co.mason.wa.us to request an account. 17.6 WORKERS'S COMPENSATION During Telework hours, the Teleworker is covered for any injury arising out of and in the course of employment pursuant to the Washington State Workers' Compensation Act. A Teleworker injured while working at the Teleworker's residence or other Remote Work Locations is required to follow established County procedures for reporting on-the-job injuries.This can be found on the Human Resources website: https://www.co.mason.wa.us/forms/human-resources/index.php Mason County Personnel Policies Page 108 17.7 OVERTIME, LEAVE, AND COMPENSATION In accordance with the County's overtime policy, overtime must be approved in advance to preclude any unintended liability for premium pay.Teleworkers must receive supervisory approval prior to working beyond their normal hours of duty. Failure to obtain supervisory approval may result in the termination of the Telework Arrangement and possible disciplinary action. Procedures for requesting leave will remain unchanged.The teleworker is responsible for obtaining leave approval in advance and keeping appropriate personnel informed of leave usage in accordance with either the Personnel Policy or applicable Collective Bargaining Agreement policy and procedures. Teleworkers working at their Remote Work Location will be granted the same holidays as employees working at the Main Worksite. If a Teleworker becomes sick at any time while Teleworking, the Teleworker must immediately notify their Manager and use sick leave to cover those hours not worked. If a Teleworker must take some other form of leave,the Teleworker must request leave from their Manager immediately and use the leave to cover those hours not worked.A Teleworker's compensation and benefits will not change due to participation in the Telework Program. A Teleworker must submit timesheets and leave requests in accordance with the normal policies and procedures. 17.8 LIABILITY The County will defend and indemnify a Teleworker who is Teleworking at their residence or other approved Remote Work Location for all claims arising out of and with the Teleworker's scope of employment consistent with the provisions for the Local Government Tort Claims Act and other applicable laws and in accordance of Mason County's Policy and Procedure for Defense and Indemnity of Employees, Ordinance No.06-18. Mason County is not liable for any loss, destruction, or damage to property or for any injury or loss to third persons occurring at or around the Teleworker's residence or other approved Remote Work Location. 17.9 INCLEMENT WEATHER It is a County priority to ensure continuity of operations during inclement weather or other emergency conditions. In the event of a County declared general, weather-related, or other public health emergency closes the Teleworker's Main Worksite, a teleworking employee scheduled to Telework will be required to continue working remotely, unless it is impossible (power outage). County closures, or limited operation changes, are typically to accommodate the safety of employees who are risking the travel to and from the worksite.Teleworking is a privilege and does not include a risk of traveling to and from the worksite. Mason County Personnel Policies Page 109 17.10 CONFIDENTIALITY A Teleworker is responsible for protecting the confidentiality, integrity, and availability of data, information, and paper files used when Teleworking. A Teleworker must follow all applicable County,federal, state, and departmental policies, laws, and regulations to protect data, accessed or maintained while Teleworking. In addition, Teleworking employees must adhere to the following: 1. Protecting information assets from unauthorized access and use by others, including family members, friends, and other visitors. 2. Leaving information assets only in secured locations and not in unattended or'unlocked vehicles, or other locations where they may be easily stolen. 3. Ensuring that any County issued equipment, such as cell phones, hot spots, or computers passwords are protected from unauthorized access and use by the Teleworker's personal equipment (i.e. County issued hot spot hooked up to personal laptop or cellphone, etc...) or used by others, including family members, friends, and other visitors. Costs incurred by personal use shall be paid by the Teleworker. Mason County Personnel Policies Page 110 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # 8 12 BRIEFING DATE: July 26, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase John Deere 85G Excavator and Dynapac CA 1300 Compactor BACKGROUND: Mason County Public Works is looking to purchase a new 2021 85G John Deere Excavator and a 2018 Dynapac CA 1300 compactor off of the NJPA (Sourcewell) joint cooperative purchasing contract from Pape Machinery. The excavator will be used regularly on maintenance and storm activities. The soil compactor will be use to compact gravel/dirt dig outs and shoulder compacting. Public Works will be trading in some of the surplused equipment the Board approved back in October of last year that Pape Machinery has offered a trade-in value of $150,000. The remaining balance ($38,500) will come out of the County Road Fund 2021 budget. 2021 John Deere 85G Excavator $66,500 2018 DYNAPAC CA 1300 Soil Compactor $122,000 $188,500 Trade-in Revenues $150,000 Remaining Balance $ 38,500 RECOMMENDED ACTION: Recommend the Board authorize the County Engineer to procure a new excavator and a soil compactor off of the NJPA (Sourcewell) joint cooperative purchasing contract with Pape Machinery and the trade-in of approved surplus. ATTACHMENT: 1. Quote JOHN DEERE E:d MACHINERY Quote Id: 24664645 Prepared For: MASON COUNTY PUBLIC WORKS COS �a F� L� �5 Prepared By: GERALD WARREN Pape Machinery, Inc. 3607 20th Street East Tacoma, WA 98424 Tel: 253-922-8718 Mobile Phone: 360-340-0396 Fax: 253-922-3562 Email: gwarren@papemachinery.com Date: 14 June 2021 Offer Expires: 30 June 2021 Confidential JOHN DEERE I j I MACHINERY Quote Summary Prepared For: Prepared By: MASON COUNTY PUBLIC WORKS GERALD WARREN 100 PUBLIC WORKS DR Pape Machinery, Inc. SHELTON, WA 98584 3607 20th Street East Business: 360-427-9670 Tacoma, WA 98424 jeremys@co.mason.wa.us Phone: 253-922-8718 Mobile: 360-340-0396 gwarren@papemachinery.com This sale is subject to Pape's Terms and Conditions of Sale Quote Id: 24664645 effective on the date hereof, which are incorporated in full by this Created On: 14 June 2021 reference. The Terms and Conditions of Sale are available at www. Last Modified On: 17 June 2021 pape.com/terms, and will also be sent by mail or e-mail to the Expiration Date: 30 June 2021 purchaser upon request. Equipment Summary Selling Price Qty Extended JOHN DEERE 85G EXCAVATOR- $ 119,732.34 X 1 = $ 119,732.34 SOURCEWELL CONTRACT# 032119-JDC - 1 FF085GXPMJ022628 Extended Warranty $ 1,650.00 X 1 = $ 1,650.00 Extended Warranty,85G, Power Train And Hydraulics,2500 Total Hours or 60 Total Months, $0 Deductible Sub Total $ 121,382.34 Equipment Total $ 121,382.34 Quote Summary Equipment Total $ 121,382.34 SubTotal $ 121,382.34 Sales Tax- (8.50%) $ 10,215.50 Total $ 131,597.84 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 131,597.84 Salesperson : X Accepted By : X JOHN DEERE 2 Selling Equipment MACHINERY Quote Id: 24664645 Customer: MASON COUNTY PUBLIC WORKS JOHN DEERE 85G EXCAVATOR-SOURCEWELL CONTRACT # 032119-JDC - 1 FF085GXPMJ022628 Hours: Stock Number: MJ022628 Selling Price $ 119,732.34 Code Description Qty Unit Extended 0081 FF 85G EXCAVATOR 1 $ 138,325.00 $ 138,325.00 Standard Options - Per Unit 3265 Rubber Crawler Pads 1 $ 0.00 $ 0.00 7060 2.12 M (6 Ft. 11 In.) Arm Assembly 1 $ 6,724.00 $6,724.00 with Bucket Cylinder and Linkage Less 34% Sourcewell Discount 1 $-49,316.66 $-49,316.66 Standard Options Total $ -42,592.66 Dealer Attachments PM139905 Hyd PGQC-PSM WL I-Lock (NI) 1 $4,250.00 $4,250.00 PM138951 PSM Hyd Prog Link Thumb-Pin 1 $ 5,250.00 $ 5,250.00 Grabber(NI) 24" HD Dig Bkt w/Pins-PSM 1 $2,000.00 $ 2,000.00 PM140089 48" CU Bkt w/BOCE w/Pins-PSM 1 $ 2,250.00 $ 2,250.00 Dealer Attachments Total $ 13,750.00 Value Added Services Extended Warranty 1 $ 1,650.00 $ 1,650.00 Value Added Services Total $ 1,650.00 Other Charges Freight 1 $ 2,000.00 $ 2,000.00 Setup 1 $ 1,200.00 $ 1,200.00 Deliver Charge 1 $ 750.00 $ 750.00 Powertune 1 $ 800.00 $ 800.00 Install Coupler& Thumb 1 $ 3,250.00 $ 3,250.00 Install HKX Stuchi Arm Kit 1 $ 2,250.00 $ 2,250.00 Other Charges Total $ 10,250.00 Suggested Price $ 121,382.34 Customer Discounts Customer Discounts Total $ 0.00 $ 0.00 JOHN DEERS Exfiended Warranty .- Extended Warranty Proposal PowerGardTM Protection Plan Deere Crawler Date :June 17, 2021 Machine/Use Information Plan Description Price Manufacturer JOHN DEERE Plan Type: Extended Deductible: $ 0 Warranty Equipment Type Deere Crawler Coverage: Power Train And Quoted Price $ 1,650.00 Hydraulics Model 85G Total Months: 60 Country US Total Hours: 2500 Date Quoted June 15,2021 MFWD/Tracks N Scraper Use Extended Warranty is available only through authorized John Deere Dealers for John Deere Products,and may be purchased at any time before the product's Standard Warranty,or Extended Warranty expires. Extended Warranty Proposal Prepared for: I have been offered this extended warranty and Customer Name - Please Print ❑✓ I ACCEPT the Extended Warranty 1 DECLINE the Extended Warranty Customer Signature If declined, I fully understand that any equipment listed above is not covered for customer expenses due to component failures beyond the original basic warranty period provided by John Deere. Note : This is not a contract. For specific Extended Warranty coverage terms and conditions, please refer to the actual Extended Warranty contract for more information and the terms, conditions and limitations of the agreement. What Extended Warranty is The Extended Warranty Program is for the reimbursement on parts and labor for covered components that fail due to faulty material or original workmanship that occur beyond the John Deere Basic Warranty coverage period. The agreement is between Deere & Company and the owners of select John Deere Construction and Forestry equipment, who purchase the Extended Warranty Plans for the desired coverage as indicated in this proposal. What Extended Warranty is not : Extended Warranty is not insurance. It also does not cover routine maintainance or high wear items,or insurance- related risks/perils such as collision, overturn, vandalism, wind, fire, hail, etc. It does not cover loss of income during or after an equipment failure. See the actual product-specific Extended Warranty agreement for a complete listing of covered components, and limitations and conditions under the program. Features/Benefits: • Extended Warranty includes the following features and benefits under the program • Pays for parts and labor costs incurred on failed covered components (less any applicable deductibles), • Does not require pre-approval before repairs are made by the authorized John Deere dealership, • Payments are reimbursed directly to the dealership with no prepayment required by the contract holder. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 3, 2021 Agenda Item #& �3 BRIEFING DATE: July 26, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Reimbursable Agreement for State Materials Lab Engineering and/or Testing Services BACKGROUND: This reimbursable agreement is for WSDOT to provide Mason County Public Work fabrication inspections, which is providing engineering and/or testing services to ensure that materials proposed to be used within County road and bridge projects comply with applicable WSDOT standards, or determine whether existing county infrastructure can withstand impact from proposed actions. These services will be upon request and the agreement remains in effect for (10) years upon the date of execution by both Parties. RECOMMENDED ACTION: Recommend the Board authorize the County Engineer to execute the agreement with WSDOT to provide fabrication inspections and testing upon request from Mason County Public Works. ATTACHMENT: 1. Agreement Entity Name Agreement number Mason County WSDOT GCB 3545 Dept. of Public Works Reimbursable Entity Billing Address 100 W. Public Works Drive Agreement for Shelton, WA 98584-9714 State Materials Contact Name Contact Phone and Email Victor Rhett 360-427-9670 Ext. 388 Lab Engineering vrhett@masoncountywa.gov and/or Testing Services Federal Tax ID# Agreement Title 91-6001354 Fabrication/and or Testing Services Description of Work Fabrication inspections and testing upon request. This AGREEMENT is made and entered into by and between the Washington State Department of Transportation, hereinafter"WSDOT," and the above named entity, hereinafter the "ENTITY." Whereas, WSDOT provides engineering and/or testing services to ensure that materials proposed to be used within WSDOT highway right of way comply with applicable WSDOT standards, or to determine whether existing state highway infrastructure can withstand impacts from proposed actions, and Whereas, the ENTITY has requested WSDOT perform certain materials engineering and/or testing services as described above in the Description of Work above or as attached as Exhibit A (hereinafter "Work"), and Whereas, WSDOT has the necessary personnel and equipment available and is willing to perform the Work, subject to the terms and conditions herein. NOW, THEREFORE, pursuant to RCW 47.01.260 and/or Chapter 39.34 RCW, the above recitals that are incorporated herein as if set forth below, and in consideration of the terms, conditions, provisions, and Exhibit A which is attached hereto and by this reference made a part of this Agreement, IT IS HEREBY AGREED AS FOLLOWS: 1. SCOPE OF WORK 1.1 The term "Work," as used herein, includes any and all work by WSDOT in its performance of the engineering and/or testing services specified in the "Description of Work," above or as in Exhibit A hereto attached. Subject to the terms and conditions herein, WSDOT agrees to perform the Work using WSDOT labor, equipment, and materials. Page 1 of 4 GCB 3545 2. TERM OF AGREEMENT 2.1 Check one of the following as applicable to this Agreement: The term of this Agreement, is project specific and shall begin upon the date of execution by both Parties and shall remain in effect until WSDOT has completed the Work detailed above or in Exhibit A; OR should the ENTITY terminate this Agreement pursuant to Section 5, this Agreement shall terminate when the ENTITY has made full payment for all WSDOT-incurred costs up to the date of termination. The estimated end date shall be:XXXXXXXX IX! The term of this Agreement shall begin upon the date of execution by both Parties and shall remain in effect for ten(10) years, subject to renewal by the Parties. This Agreement may be terminated pursuant to Section 5. In the event of termination,this Agreement shall terminate when the ENTITY has made full payment for all WSDOT-incurred costs up to the date of termination. 3. PAYMENT 3.1 A cost estimate for the Work is detailed in Exhibit B. WSDOT will invoice the ENTITY monthly for the actual direct and related indirect costs incurred by WSDOT in the performance of the Work completed during the previous month. These costs include but may not be limited to, labor, material, travel, and equipment_ 3.2 The ENTITY agrees to reimburse the WSDOT for the actual direct and related indirect costs for the Work within thirty(30) calendar days of receipt of a WSDOT invoice. The ENTITY agrees further that if payment is not made to the WSDOT as herein agreed, WSDOT may charge late fees, interest or refer the debt to a collection agency, all in accordance with Washington State Law. 3.3 The Parties agree that any estimated costs for the Work may be exceeded by up to twenty five percent (25%) before an amendment to this Agreement is required. Once the costs reach the estimate in Exhibit A plus the 25% overrun allowance,WSDOT shall stop all Work until an amendment has been executed increasing the maximum dollar amount payable under this Agreement, or a decision is reached to terminate this Agreement. 4. TERMINATION 4.1 Either Party may terminate this Agreement upon thirty(30) calendar days written notice to the other Party. If this Agreement is terminated by either Party prior to completion of the Work specified herein, the ENTITY agrees to and shall reimburse WSDOT for all actual direct and related indirect expenses and costs incurred up to the date of termination associated with the Work. 5. MODIFICATIONS 5.1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modification shall not be binding unless they are in writing and signed by persons authorized to bind each Party. &RECORDS 6.1 All records for performance of the Work, including labor, material, travel, and equipment records in Page 2 of4 GCB3545 support of all WSDOT costs shall be maintained by WSDOT for a period of six (6) years from the date of termination of this Agreement The ENTITY shall have full access to and right to examine said records during normal Business hours and as often as it deems necessary, and should the ENTITY require copies of any records; it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to.audit by either or both Parties and/or their designated representatives and/or state and federal government 7.DISPUTES AND VENUE 7.1 The Parties shall work collaboratively to resolve disputes and issues arising but of, or related to, this.Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute resolution process shown below shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A. The representatives for each Party shall use their best efforts to resolve disputes and issues arising out_of or related to this Agreement: The representatives shall communicate regularly to discuss.the status of the tasks to.be performed hereunder and to resolve any disputes or issues related to the successful performance.of this Agreement. The representatives shall cooperate in providing staff support.to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B. A Party's representative shall notify the other Party in writing of any dispute or issue that the representative believes may require formal resolution according to Section 7.1 D. The representatives shall meet within five (5)working days of receiving the.written notice and attempt to resolve the dispute. C. In the event the representatives cannot resolve the dispute or'issue, the ENTITY, and WSDOTs Region Administrator, or their respective designees, shall meet:and engage in good faith.negotiations to resolve the dispute. D. In the event the ENTITY and WSDOT's Headquarters Administrator, or their respective designees,cannot resolve the dispute or issue,the ENTITY and WSDOT shall each appoint a member to a Dispute Board. These two members shall then.se.lect a third member not affiliated with either Party. The three-memberboard shall conduct a dispute resolution hearing that shall be informal and unrecorded. ..All expenses for the third member of the Dispute Board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. 8.VENUE AND. ATTORNEY FEES 8.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shalt be broughfina court of competent jurisdiction situated in Thurston County, Washington. Each Party further agrees that it shall be solely responsible for the payment of its attorney fees and casts. 9. INDEMNIFICATION 9.1 The Parties shall protect, defend, indemnify,.and hold harmless each other,and their employees arid/or authorized agents;while acting within the scope of their employment as such; from any and all costs claims;judgments, and/or awards of damages(both to,persons and/or property), arising out of,. or in any way resulting from, each Party's obligations to be performed pursuant to the.provisions of this Page 3 of 4 GCB 3545 Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of(a) the WSDOT, its employees and/or authorized agents and (b)the ENTITY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115,the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees and/or authorized agents. The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their officers, officials, employees or agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 9.2 The terms of this Section shall survive termination of this Agreement. 10. LEGAL RELATIONS 10.1 WSDOT's relation to the ENTITY shall be at all times as an independent contractor. Further, WSDOT shall perform the Work as provided under this Agreement solely for the benefit of the ENTITY and not for any third party_ 11. SEVERABILITY 11.1 If any terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of the Agreement, but such remainder shall remain in full force and effect to the same extent as though the invalid term or provisions were not contained in the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. ENTITY Washington State Department of Transportation By: By: Printed: Mike Collins Printed: Title: Deputy Director/County Engineer Title: Date: Date: Approved as to Form on behalf of Mason County Approved As To Form on behalf of WSDOT /s/Guy Bowman Date: July 8, 2021 Tim Whitehead,Ch.D.P.A Page 4 of 4 GCB 3545 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 3, 2021 Agenda Item # , BRIEFING DATE: July 26, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Adopt A Road Application from Harstine Island Community Club From North Island Drive (MP 0.000 - MP 4.729) and South Island Drive (MP 0.000 - MP 3.304) BACKGROUND: Volunteers from the Harstine Island Community Club, herein referred to as the Harstine Island Community Club, have submitted and signed an Adopt-A-Road Agreement to pick up roadside litter along North Island Drive (MP 0.000 to MP 4.729) and South Island Drive (MP 0.000 to MP 3.304). Public Works recommends approval and execution of an Adopt-A-Road Agreement with the Harstine Island Community Club. Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to pick up roadside litter. An application and signed agreement have been submitted by the Harstine Island Community Club. The authorized volunteer representatives are Patrick Brunner and Christopher Blocker. It has been determined that the organization is eligible to participate in the program. Public Works Transportation Technician, Tim Rhoades, has spoken with them and will meet them on site to go over risks, responsibilities, safety rules and answer any questions upon approval. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. RECOMMENDED ACTION: Recommend the Board authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and the Harstine Island Community Club to pick up roadside litter from North Island Drive (MP 0.000 - MP 4.729) and South Island Drive (MP 0.000 - MP 3.304). ATTACHMENTS: 1. Adopt-A-Road Application 2. Vicinity Map APPENDIX I JUL U 9 221 Date Application Received ADOPT-A-ROAD To be bb1 '�(JI�woRxs APPLICATION %9f Si i,JE Conn a,'J/7- C'I-J6 Name of Volunteer Organization Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: ,�,"r l.2!!� C�c oA5 N650 14.4 Road Name Micinity %l 2. ���STj.J lSCfi'ad lZJ�1O Road Name Vicinity 3. — Road Name Vicinity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other aRematives. Volu teer 0 zation Representatives: fer4 iele_ 6A�m4E2 Signature: Representative#1 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code Day phone umber Evening phone number pp 0aur epresentative#2 Name of Re esentative (Print or Type) Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and Ccfl > ✓W)T"I a volunteer organization herein known as the "Grantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pumuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore,the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session for volunteers utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, b4h tan^- appropriate pre:,utirr:s flag it and leave ft for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles, or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday, during the afternoon on the day before a legal holiday, or during holiday weekends. 13. To provide the County a roster (Medical Aid Coverage Record) of individual participants in the cleanup within seven(T) calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2) working days of the injury. Notification shall include: o Name of injured person o Nature of injury o Date and time of injury o How the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form" for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site, and at least one person with a valid First Aid Card be present during cleanup activities. B. The County does hereby agree to: 1. To designate a program administrator to act as a contact person for this agreement. 2. To furnish and install a maximum of two (2)Adopt-A-Road signs with the Grantee name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. 7 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5_ Assist the Grantee,in cleaning up litter if necessary(i.e.,when large, heavy, or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To fumish a portable"Volunteer Litter Crew Ahead" advanced warning sign and stand,and make available hard hats,safety vests for all participants, and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed, the Grantee will be notified and the agreement restored. 3. The temps of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. 8 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name From to Side of roadway: North South East West (Circle assigned sidels) Date of Execution: Date of Termination: January 31, Name of Volunteer Organization _ Ma ili g Address, , Sta e, ZIP Code v Signature: Representative #1 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code of Representative#1 ' Day phone number Evening phone number Sig natur - epresenta ' e Name of Repre ntative (Print or Type) Mailing Address, City, State, Zip Code of Representative #2 - (; Day phone number Evening phone number Chairman of the Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 9 Adopt-A-Road - Harstine Island Community Club North Island Drive MP 0.000-4.729, South Island Drive 0.000-3.304 �FwRoo 0 W .50.. o 0 ? ri L, VD SET + h0 co QQ \5� <-,(NTES RO r So r M n z � z I rn U) a z = 0 1 0 LU ° l v Ny 3�4 i eyoc y/ r9 FaD 1 O g � O o \� O 0.50 � J 0 c� w 3r-t,� 0��° 1. W � 1.00 0r M EIDER M ° C0l z O � O \w U) o LU 1 J � Adopt-A-Road Harstine ' I d Private Road o V t� Q- 1 N County Road 4` ` \` E State Highway �P ©OpenSt;eetMap(and) s ' contributors,CC-BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: Au ust 3, 2021 Agenda Item # . 15 BRIEFING DATE: July 26, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Adopt-A-Road Application from Public Utility District Employee Association (PUDEA) Island Lake Drive (MP 0.000-MP 2.317) & Island Lake Road (MP 0.000 -MP 0.540) BACKGROUND: Volunteers from Public Utility District Employee Association (PUDEA), herein referred to as PUDEA, have submitted and signed an Adopt-A-Road Agreement to pick up roadside litter along Island Lake Drive (MP 0.000 to MP 2.317) and Island Lake Road (MP 0.000 to MP 0.540). Public Works recommends approval and execution of an Adopt-A-Road Agreement with the PUDEA. Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to pick up roadside litter. An application and signed agreement have been submitted by the PUDEA. The authorized volunteer representatives are Asia Cline and Jenny Goos. It has been determined that the organization is eligible to participate in the program. Public Works Transportation Technician, Tim Rhoades, has spoken with them and will meet them on site to go over risks, responsibilities, safety rules and answer any questions upon approval. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. RECOMMENDED ACTION: Recommend the Board authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and PUDEA to pick up roadside litter along Island Lake Drive (MP 0.000 to MP 2.317) and Island Lake Road (MP 0.000 to MP 0.540). ATTACHMENTS: 1. Adopt-A-Road Application 2. Vicinity Map APPENDIX 1 JUN 15 2021 .' Date To r WIMP WORKS ADOPT-A-ROAD APPLICATION c b �Gt dF � Name of Volunteer Orga zation Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: Road Name Vicinity 2. /S_M Road Name Vanity 3 .14-K,LZG Road Name Vicinity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other alternatives. Volunteer Organization Representatives: Signature: Representative#1 Name of Representative (Print or Type) Mailing Address, City, State, Zip Code Day phone number Evening phone number Signat . Representative#2 Name of Representative (Print or Type) y phone number Evening phone number Return this application to: Adopt-A-Road Coordinator Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County" and !1- ' a volunteer organization herein known as the "Grantee". Whereas, the County has the authority to establish a County-wide Adopt-A-Road Litter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside litter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore, the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking litter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with himfher during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session for volunteers utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement. 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles, or exceptionalty large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday, during the afternoon on the day before a legal holiday, or during holiday weekends. 13. To provide the County a roster (Medical Aid Coverage Record) of individual participants in the cleanup within seven(7) calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2) working days of the injury_ Notification shall include: o Name of injured person O Nature of injury o Date and time of injury o Now the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form" for each of the participants taking part in litter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site, and at least one person with a valid First Aid Card be present during cleanup activities. B. The County does hereby agree to: 1. To designate a program administrator to act as a contact person for this agreement. 2_ To furnish and install a maximum of two (2) Adopt-A-Road signs with the Grantee name and/or acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. 7 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5_ Assist the Grantee, in cleaning up litter if necessary(i.e.,when large, heavy, or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer Litter Crew Ahead" advanced warning sign and stand,and make available hard hats, safety vests for all participants, and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2. The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed, the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. • ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name From to Side of roadway: North South East West (Circle assigned sides) Date of Execution: Date of Termination:January 31, Name of Volunteer Orgarnzation , Mailing Address, City, State, ZIP Code CA Signature: Representative #1 Name of Representative (Print or Type) # Mailing Address, City, State, Zip Code of Representative#1 Day phone number Evening phone number Signature: R esentative#2 Name of Representative (Print or Type) Mailing g d, City, State, Zip Code of Representative#2 Day phone number Evening phone number Chairman of the Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 9 Adopt-A-Road - Public Utility District Employee Association Island Lake Drive 0.000-2.317, Island Lake Road 0.000-0.540 0 7 1 $O Y A 7 1.00 F I 8Q— 2 7Q CT EATHERWOOD O ��g�PVOO 2c~i \, 4�J a E WYSTERIA 1 a0 CT � Q ` �� O Q O ' hOi I —�2.30 o E PAIR �.Q�y OI I <9 �q�° m N O CD O O 0 0'1 0_— 0 0 0 z 0 p r o w S,F �s oti US!IT Adopt-A-Road _ _- li _ - — Private Road N City of Shelton Road W E County Road �`'� _©ropenStreetMap(and) s contributors, CC-BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Action DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 3 2021 Agenda Item # 8 IlD BRIEFING DATE: July 19 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Application for Clifton Pebble Beach Water District — Set Hearing BACKGROUND: Dale Hoover, the President for Clifton Pebble Beach Water District, has applied for a franchise renewal. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover their water system along the North Shore Road. Application is not considered new and applicant has paid the $300 renewal of their respective franchise. RECOMMENDED ACTION: Recommend the Board set a hearing for Tuesday, August 31, 2021 at 9:15am to consider approving the franchise agreement between Mason County and Clifton Pebble Beach Water District to construct, operate and maintain their water system along the North Shore Road. Attachments: 1. Franchise agreement application 2. Exhibit B is a map showing the franchise area 3. Notice IN THE MATTER OF THE APPLICATION OF Clifton Pebble Beach Water District FOR:A FRANCHISE PERMIT TO CONSTRUCT,OPERATE,AND MAINTAIN Water System UTILITY FACILITIES,OVER,ALONG AND UNDER COUNTY ROADS AND.HIGHWAYS LOCATED IN MASON COUNTY,WASHINGTON Application of(Name of operator). Dale.Hoover, doing business in.Washington as Clifton Pebble Beach Water District, with its principal offices located at 8322 Walnut Road NE, Ol=mpia, WA. 98516, by and through (person authorized to act for and on behalf of:applicant) Dale Hoover,. for a franchise to construct, operate and maintain (description o e water s stem utility p ( p f type) Y facilities in,over, along and.under county roads and highways in Mason County, Washington,as set forth in attached Exhibit`B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington,. on the An day of 31,202 at the hour of 9:15am;under the provisions of RCW 36.55,_RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by:law,and that it is in the public interest to allow the franchise:herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be,and the same is hereby given and granted to Operator,:and its successors and assigns, hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either.party gives the other written notice of'termination at least 30 days prior to the end ,of the relevant term. (no more than ten years each term and can only be renewed 3 times)from and after the date-ofthe entry of this order for the purposes;at the location(s),and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,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.Utilitles 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 Masora.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 hereby grants to the Franchisee a non-exclusive franchise which,once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise.Area identified in attached Exhibit"B",for the purpose of installing, constructing,maintaining,repairing,replacing,adjusting,relocating and operating the utility 1 r facilities,which grant-shall be limited to the following described purpose(s): Maintain water s_ Such grant is subject to and must be exercised. in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws,. rules,. regulations and ordinances. Franchisee's exercise of any rights granted.pursuant to the franchise 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 franchisee by implication. This:franchise 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 or the impact of the utility facilities upon the road rights-of.-way. IIL UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter*Work")to install,construct,maintain repair,replace adjust, contiect,disconnect,rebuild, or relocate its.utility facilities'within the road rights-of-way,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. Franchisee.shall first file with the County Engineer its:application for a utility permit to do such World to with plans and specifications in triplicate showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid,installed or erected at that time,showing their relative position to.existing 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 2 property 1 the event that the road right of way will be disturbed by the Work; and 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.toad 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 Franchisee. All such Work.shall be subject to the approval of and shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval.of such work on account of:granting the said utility permit. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work.which disturbs or causes damage to the road rights-of-way subject to-this franchise, public or private property;.the Franchisee 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 Franchisee 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 necessaryto restore to a safe condition such County road right-of- way of other County property left by the Franchisee or its agents in a condition dangerous to life or property,and the Franchisee,upon demand,shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Franchisee's utility facilities and Work within the road.rights-of-way or other County, property shall be in compliance with the provisions of Title.12 MCC, the. Manual, the administrative regulations:adopted by the County Engineer,other County established requirements for placement of utility facilities m 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 Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of- way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval.together with.adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to 3 currentlyplannedroad 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 to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other 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,fights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall Have preference as to the alignment and location of such utilities so installed with respect.to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shalt.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 Franchisee's utility facilities be installed at a particular time, at.a.specific place, or in a particular manner as a condition of ace ess°to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may'remove, or raquire 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 Franchisee for all the. costs associated with removal; and may require Franchisee to cooperate:with others to minimize adverse impacts on the.road rights-of-way through joint trenching and other arrangements. G. The County may inspect .he utility facilities at any time reasonable under the. circumstances to ensure compliance with this..franchise and applicable law, including to;ensure that the 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 Franchisee,in writing,to,make the necessary repairs and alterations specified therein forthwith:to correct'the unsafe condition on a timetable 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 Franchisee fails to do so,,and to charge the Franchisee therefore. 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 Franchisee. H. When required by the County,Franchisee shall make information available to the.public regarding any work involving the ongoing installation,;construction,aljustnent,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; 4 (2)where it is.being performed; (3)its estimated completion date;,and(4)progress to completion. I: FRANCHISEE. 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,Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that roust be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement; Franchisee shall indemnify and hold the County and its elected and appointed officers,employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Franchisee,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 Franchisee, 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) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to.which Franchisee's obligation to`indemnify the County and its elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out of; caused by or resulting from the negligence of the County, and its elected and appointed officers,employees and agents and.Liabilities that by law the:County and its elected and appointed officers,employees and agents for which the County cannot be indemnified. J. Franchisee 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.Franchisee and its Agents may .not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In.the event of an emergency involving the threat of imminent harm to persons or property,_:and for purposes of taking.immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole. purpose of addressing the emergency,provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee 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. ML Franchisee shall promptly reimburse the County for their reasonablee 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 the Franchisees utility facilities in.the road 5 nights-of way. N. If, during installation,construction, relocation, realignment, adjustment maintenance, or repair of the Franchisee's utility t'acilities,in the)road rights-of-way, Franchisee or its agents discover scientific or historic artifacts, Franchisee shall immediately.notify the County of:said discovery and:shall protect such artifacts in a manner as specified by the County. Anysuch,artifact shall be the property of the County:if the County wishes to own it. VI. PROTECTION OF PUBLIC All-work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening,of trenches and.the tunneling under county roads,rights-of way or other county property, the Franchisee 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 Franchisee shall.place warning lights,: barricades`and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee:shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness 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 Franchisee. VII. POLICE POWERS The County.of Mason, in' granting this franchise; doesoot waive any rights which it now has or .may hereafter'acquire with respect to county roads,fights-of-way or other county property and this `franchise 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,rights-of- way and other county property covered by this franchise. The County retaixis the right to administer and regulate.activities of the.Franchisee up to the fullest extent of the law: The-failure to reserve&particular right to regulate,or reference a particular regulation,shall not be interpreted by negative fipplication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall;in the course of Work,comply with the following requirements: A. The Franchisee shall,by a time specified by the County,protect, support;temporarily disconnect,relocate,or remove any of its!utility facilities wrhen: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 6. involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the"public work." Franchisee acknowledges and understands that any delay by Franchisee.in performing the herein 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. Franchisee shall cooperate with the County and its contractors.and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of,or interference with the Public Work. The County:of Mason shall make available to the Franchisee 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 utility in planning construction programs. B. Franchisee has'a duty to protect its utility facilities from work performed by County within the road rights-of.--way. The rights granted to the Franchisee herein do not preclude the County of Mason,its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that,.the Franchisee shall be.given a minimum of forty-eight(48),hours notice of said blasting or other work in order that the Franchisee 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 Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road.right of way requests the Franchisee to protect;support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction, operation; or repair of the facilities of such other person, the Franchisee 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 Franchisee's service,.or if the effect of such changes would.be to permanently deprive.Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's:utility facilities or otherwise, Franchisee 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 Franchisee's:utility facilities were not properly installed, the reasonable cost of the:same shall be bonne 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 Franchisee shall, on the request of any person bolding a valid permit issued by a governmental authority,temporarily raise or lower its wires to Permit the moving buildings of buildin s or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same., The County of Mason will accept liability for direct and actual damages to said Franchisee that.are the result of the negligence of Mason County, its trustees, officers, employees, contractors, 7 subcontractors or agents while performing: County improvement or .Public Works projects enumerated in the original franchise-agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee 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 contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions, All:Work to be performed by the Franchisee under this section shall pass the inspection.of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRP-SERVATION OF MONUMENTSIMARKERS. Before any work is performed under this franchise which may affect any existing monuments or markers of any nature:relating to subdivisions,,plats, roads.and all other surveys, the Franchisee :shall reference all such monuments and markers. The reference points shall be so located that they will.not be disturbed during the Franchisee's operations under this franchise. 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,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 Franchisee. A complete'set of reference notes for monument ax d other ties shall be filed withlhe office of the Mason Count'Engineer. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall.vacate any County road, ,right-of-way or other County property which is subject to rights:granted by`this franchise and said vacation shall be for the purpose.of t acquiring the fee or other property interes in said road,right-of-way or other county property for :the use of Mason 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 Franchisee,terminate this franchise 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 Franchisee 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 theBoard of Mason County Commissioners direct a change ofpractice. XI.'FINANCIAL.SECURITY A. Insurance Except.as otherwise provided herein, Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area,.adequate insurance to protect the Parties and their elected and.appointed 8 officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least.in the following:amounts: L CO:MMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury;and property damage. The Commercial GeneralLiability insurance shall be written on.an occurrence basis,with an aggregate limit location endorsement for the Franchise Area, and shall. provide coverage for any and all costs,including defense costs,..and losses and damages resulting from personal.injury,bodily injury'and death,property damage,products liability and completedoperations. Such insurance shall include blanket contractual coverage,including coverage for the Franchise as now or hereafter amended.andspecific coverage for the indemnity provisions set forth herein. Coverage must be written with 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 to comply with statutory limits for all.employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors:similarly to provide workers'compensation insurance for all the employees. The Franchisee shall also maintain,during the life of this policy,employer's liability insurance;provided that this obligation shall.not apply to any time period during which Franchisee has no employees. The following miramum limits must be maintained: Workers'Compensation Statutory. Employer's Liability $:1,0.00,000:each occurrence 3. COMPREHENSIVE AUTO INABILITY insurance shall include owned,lured, and non-owned.vehi6e.s operated by Franchisee employees on an occurrence basis with coverage of at.least$2,000000 per occurrence. If the Franchisee,its contractors,or subcontractors do not have the required insurance;the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's.Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise,and annually thereafter,and.as provided below. All coverage shall be listed all on one.certificatte with the same expiration dates. The certificates shall contain a provision that:coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been 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 franchise,then,in that event,the Franchisee shall furnish,at least 30 9 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 f anchise. 'The County reserves the right, during:the term of the`franchise, to require any other insurance coverage or :adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and,shall include an endorsement reflecting the 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 franchise 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"X ;and a class of"X'or better in the latest edition of"Besf s Key.Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event thatat any time during coverage,the`insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage_from an insurer that:meets the foregoing standards. The County reserves the right to change the:rating or the:rating guide depending uponthe changed risks or availability of other suitable and reliable rating guides. Comprelignsive general liability insurance policies and coverage obtained pursuant to this franchise 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 franchise shall have no non standard exclusions unless approved of by the County Risk Manager ordesignee. Commercial general liability insurance policies obtained pursuant to thus frtanchise shall name the County as an additional insured_without limitation,pursuant to an endorsement approved of by County's Risk Manager or,designee. Franchisee and Franchisee'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: Commercial General Liability Insurance.policies and coverage required herein of public.utility operators may include a reasonable deductible or self-insured retention; provided,however,that as to any Loss or Damage coveredAs provided herein,if Franchisee elects to include any deductible 10 or: self-insured retention,:Franchisee shall itself directly cover, in lieu of insurance, any and all County`liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected:not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured_retention. Franchisee shall be required to provide a certification of self-insurance retention to the county in a form and content acceptable to the county engineer. B. performance/Payment Bond. At-the same time Franchisee provides its acceptance of this Franchise,the Franchisee shall, if required by the County Engineer,provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances,including,.by way of example,but not united to,its obligations to relocate and remove its utility facilities,to restore the road rights- of-way and other property when damaged,or disturbed,and to reimburse the County for its costs. The amount of the perfonuance grid payment bond shall be for ZERO ($P). The amount of the bond, or cash.deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation:or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices.: Tlie bond shall be in a form.with terms and conditions acceptable to the County and reviewed and.approved by the County`Engineer. The bond shall be with a surety with a rating no less than,"A V" in the latest edition of"Bests Key Rating Guide," published by A M.Best Guide. The Franchisee shall pay all premiums or costs associated with. maintaining the bond,and:shall.keep the same in full force and effect at all times. If Franchisee fails to provide or maintain the bond,then the Comity,in its sole discretion,may require Franchisee to substitute an equivalent:cash deposit as described below in lieu of the bond. Franchisee,may at its election or upon order by the County,substitute an equivalent cash.deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance ofall ofFranchisee's:responsibilities hereto under this Permit and all applicable laws, rules;`regulations or ordinances. This includes; but is not limited to,its obligations to relocate or remove its facilities,restore the road rights-of-way and other property to their original.condition, reimbursing the County for its costs,and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified marl, of any default and shall. give ranehiaee thirty(30)days from the date of such notice to cure any such default_ In the event that the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure:Franchisee"s default. Upon, the County's cure of Franchisee's default;the County shall notify Franchisee in writing of such cure_ In the event that the County draws upon the cash deposit or forfeits the same,Franchisee shall thereupon replenish the cash deposit to the fiW amount as specified herein or provide a replacement performance and payment bond.. 11 .Before any Work. commences in the road right-of-way, the County Engineer may require the operator to provide a performance and payment bond far each separate project.in an amount to be determined by the County Engineer,:but not less than five hundred dollars, written by,a surety company acceptable to the County Risk Manager and authorized to do business in the:state of Washington. The purpose of the bond pis to insure completion of construction, including the restoration of. surfacing, slopes, slope treatment, topsoil, landscape treatment, and drainage facilities;and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance.bond shall not be required in the event that the franchisee has in place-a blanket performance bond and,when required,apayment bond,maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability: To the.fullest extent permitted by lave, the Franehisee shall, and shall cause its contractors)to release, indemnify, defend and hold harmless the county and the Bounty's legal representatives,, officer (elected or ), appointed) employees and agents (collectively, `Tindemriitees"),for, from and against any and all claims;liabilities,fines, penalties, cost,damages,losses,liens;causes of action, suits,demands,judgments and expenses(including, without limitations;court costs,attorneys'fees.and costs of investigation;removal and remediation and governmental oversight costs)„Environmental or ptherwise (collectively"liabilities'):of any nature,land,.or description, of any person or entity,directly or indirectly;,arising out'of�,Jesulting from,or related to(in whole or in part): 1. this.franchise; 2. any rights or.interests.granted pursuant to this franchise; 3. franchisee's:occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 5. the.presence.ofutility 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 franchisee or its agents;or 7. The acts,errors,or omissions ofthirdparties when Arising put.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 12 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply.are.liabilities:to the extent arising out of,caused by or resulting from the.negligence of the county,its officers,agents,,employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,_franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any'ndemniitee by any entity,relating.to any matter covered by this franchise for which franchisee has an obligation to assume liability for.and/or save and hold harmless any indemnitee. Franchisee shall'pay all cost 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. Franchisee 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 Franchisee's failure to satisfy said judgment within the ninety (90) day period,this franchise shall at once cease.and terminate.. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this.covenant XUL FRANCHISE NONEXCLUSIVE This franchise shall not be deemed.to bean exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under, along, across, over, and upon any .of the County roads;.rights-of-way or other County property subject to this franchise 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. XIIL SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon: the successors and assigns of the Franchisee, and all privileges, as well as'-all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if`they were specifically.mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party 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 franchise, or under law. 13 XIV. TRANSFER/ASSIGNMENT Franchisee.may assign or transfer this franchise after prior written notice to County of Mason and assignee's written connmitmei* in; a form. and content.approved by the County.Prosecutor, delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of 'Franchisee with respect to the franchise and. guaranteeing performance. under the terms and conditions of the franchise and that transferee will be.bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an lass. ignment shall relieve the Franchisee of any further obligations under the franchise,including any obligations not fulfilled by Franchisee's assig nee; provided that, the assignrrient shall not in any respect relieve. the Franchisee, or any of its successors in interest, of responsibility for acts or omissions known or unknown; or the consequences thereof, which acts or emissions: occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with: the county the insurance certificates and performance bond as required pursuant to this franchise XV. ANNEXAnON Whenever any of the County roads, rights-of-way:or other county property as designated in this franchise;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, and shall by operation of law or otherwise.ten=i ate in respect to.the said roads,rights-of-way or other county property so:included with city ortown limits; this.francluse shall continue in force and effect to all countyroads,rights- of-way or other county property not so included in city or town limits. XVI. REVOCATIONMEMEDIES A. Revocation. In addition the right to revoke this franchise as set forth`in Title 12'.of the Mason County Code, if the Franchisee shall willfully violate, or fail to.comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given:aw Franchisee.under the provision of this grant,:then Franchisee shall forfeit all rights conferred Hereunder and this franchise Maybe revoked or-annulled,after apublic hearing by the Board of County Commissioners. The.Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise.by reason of any.failure of the: County to enforce prompt compliance, and the.County's failure to enforce shall not constitute a waiver of:rights or acquiescence inthe Licensee's conduct. Subject to the.required consent;.adjudication, permission► or authorization of a federal or state regulatory agency with jurisdiction over the subject matter;:upon revocationof the fianchise;the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore;such road right-o£way fro its same or better condition as existed just prior to such removal, or de-commission and abandon such utility facilities in place in whole or'in part and in.a manner approved:by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires if to remove,the County may perform the work and collect the cost thereof 14 from the Franchisee. The actual cost.thereof, including direct and indirect administrative costs, shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing.of the lien with the Mason County Auditor.. B. Remedies. 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 Franchisee or its agents to keep; observe;or perform:any of Franchisee's or its agent's duties or obligations under this fanchise. 1. Damages. Franchisee 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 Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not Have an adequate remedy at law for Franchisee'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 Agreement without, in either case,. being required to prove or establish that County does not have an adequate remedy at.law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an.adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither`the existence.of other rernedies,identified in this franchise 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 Franchisee 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 In the event that after this franchise becomes effective, '(a) there is a change in the law which broadens the authority of the County of Mason or the Franchiseewith respect to any act permitted or authorized under this;franchise;: or (b)the County of Mason or the:Franchisee believe that amendments to this franchise are necessary or appropriate, then.the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to'enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development Which formed the basis for.the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve,to the maximum extent consistent with law, the scope and'purpose of this'franchise. Mason County reserves for'itself the right at any time upon ninety(94)days written notice to the Franchisee, to so change,amend,modify or amplify any of the provisions or conditions herein 15 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 and this franchise. may ;be terminated at such tine a public hearing.is held by the Board of County Comxirissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIXi. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the"form of.the acceptance attached. hereto as Exhibit-``A" andin accepting the franchise,Franchisee warrants that_ithas carefully read the terms and conditions of this franchise and accepts all of the terms and. conditions of this franchise 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,that it was:not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countetsigned'ordinance and 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. MISCELLANEOUS PROVISIONS A. Conholling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the Mate of Washington.. Venue of any action or arbitration brought finder this ,franchise shall. be in Mason County, Washington or the Western District of Washington ;if an action :is brought in federal court, provided, .however,that venue of such action is legally Proper. B. Liens.. Franchisee_shall promptly pay and discharge any and all liens arising out of any Work done,suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. D.Attomey's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise,the substantially prevailing Party or Parties shall be entitledto-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 franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County oflvMason. F. Severability. If any provision of this franchise is held. to be illegal, invalid or. unenforceable under: present.or future laws, such provision will be fully severable and this franchise will be construed and enforced as if such illegal,invalid or unenforceable provision is 16 not apart 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 franchise; 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, Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any:such Franchisee's Contractors;, provided that,the'Franchisee is not prohibited from allocatingsuch liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise 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 recognizectovernight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by ptoviding notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Clifton Pebble Beach Water District 8322 Walnut Road NE Olympia,WA 9.5.16 Attu:Dale Hoover Grantor: Mason County Public.Works 106 Public Works Drive Shelton;:WA 98584 .I. Approval& :Nothing in this francliise shall be deemed to.impose any duty or obligation upon the.County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction; testing, maintenance,,repairs,replacement;relocation, adjustment or removal is.adequate or sufficient or in confor mancewith the plans and.specifications reviewed by the.County:of Mason. No approval given,inspection made,.review or supervision performed by the County of Mason pursuant to this franchise`shall constitute or'be.construed as a.representation or warranty express or implied by County of Mason that such item:approved.; inspected, or supervised, complies with laws,:Hiles regulations or ordinances or this franchise 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 of Mason's rights as the owner or 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 Franchise Area for. construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County of Mason to insure that work or materials are in:compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design,construction, installation,relocation.adjustment,realignment,maintenance,repair, or .17 operation of the utility facilities. J. ForceMajeure. 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. X_ Construction.. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular orplural,as the identity of the Party or Parties may require. The provisions of this: franchise 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 franchise. L. Incorporation by Reference. All exhibits'annexed.hereto at the..time°of execution of this.franchise or.in the future as contemplated herein,: are Hereby incorporated by reference as though fully set forth.herein. A Calculation of Time All periods of time refeued.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. N. Entire Agreement. This franchise is the full and complete agreement of County . Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors, and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, wlthout;limitation,all .agreements evidencing the franchise. O: No Recourse: Without limiting such:immunities as the:County or other persons may have under,applicable law; Franchisee 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 Gounty's exercising its`authoritypursuant-to this Franchise or other applicabl.e law: P. Responsibility for Costs. Except as expressly provided otherwise, any act that Franchisee is required to perform under this franchise shall be,performed at its cost. If Franchisee fails to:perfai n work that it is required to perform.within the time provided for performance, the County may perform the:work and bill the Franchisee. The Franchisee shaMpay the amounts billed within 3 o days. Q. Work of Contractor$and Subcontractors. Work by contractors and Subcontractors is subject to the same restrictions, limitations, and conditions as.if the work was.performed by the Franchisee. The Franchisee 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 18 in compliance with this franchise,.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 Franchisee's responsibility to ensure: that contractors, subcontractors, or other Persons performing work on the Franchisee's.behalf are familiar with the requirements.of the franchise; Title 12 MCC, the Manual;,and other applicable laws governing the work performed by#hem. R Survival of Terms. Upon the expiration,termination;.revocation or forfeiture of the franchise, the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,:the Franchisee's obligations under this franchise to the County shall survive the expiration,termination,revocation or forfeiture:ofthese rights according to its terms for so long as the Franchisee's utility.facilities shall remain in;who .or in part'in the road rights,of way. By way of illustration and not limitation;Franchisee's obligations to indemnify,defend and hold'harmless the County, provide insurance and a'performancelpayment bond pursuant to Section.XC and Franchisee's obligation to. relocate its utility facilities pursuant to Section VIII, Shall continue: in effect as to. the Franchisee; notwithstanding any expiration,termination,.revocation or forfeiture of the franchise,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 system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof,and by entering into or performing this Franchise,Franchisee is not ii violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject;and 2. That-the execution,;delivery, and performance of this Franchise by Franchisee has been-duly authorized`by all.requisite Board/Commission action;that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party;:including a count, trustee, or referee,., is not necessary to make valid and effective the execution; delivery, and performance of this Franchise and acceptance. DATED at Shelton,Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED; MASON COUNTY,WA.Si INGTON County Engineer Chair Approve as to form: Vice Chair ChiefD.P.A. Commissioner 19 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No 115-06, effective November 14,MO. I, d 8G am the . k% of Wh%'t. MaAV ew'" a _4v .and am the authorized representative to accept the above-referenced franchise gn.liehalf of I certify that this franchise and all terms and conditions thereof are accepted by without qualification or reservation. DATED thise�] day of J()h, 7202,1. FRAN, M r' By. � Its: �ll 'Tax Id.No; STATE OF UA COUNTY OF � i�1 }. +� Uver2 I certify that.T know or have satisfactory evidence'tha# J�.I i is the person who appeared before me,and said person acknowledged that he/she signed this insj.r=� g4nt,on oath stated that he/she.was authorized to execute the instrument and acknowledged it as the j/es i�J C�' of the-,�Ejt . b L" '+c`S� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated: �`o�y •' o .:•s� y .� N;otary Public. �@`� q��'a:p Print Name t3 Fit lil .. JU .:I+1 �1 �p TA/ r Z _ My commission expires S'C -.19.e;?00 d A. EXHIBIT B Description of Franchise Area ' N rn 0 m 'rn o ¢a o� O gp eg 6761 NE NORTH SHORE RD o'CP 0 rn 1 i B NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at http://masonwebtv.com/on Tuesday,August 31, 2021 at 9:15am. SAID HEARING will be to consider the franchise agreement renewal with Clifton Pebble Beach Water District to construct,operate and maintain their water system along the North Shore Road. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website—www.co.mason.wa.us to sign into the meeting. Please use the"raise hand"feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithkco.mason.wa.us or mail to Commissioners Office, 411 North 5 h Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 (Shelton), (360)482-5269 (Elma) or(360) 275-4467 (Belfair), Ext. 419. DATED this P day of August 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal-Publ 2t: 8/12/21 & 8/19/21 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 8/16/21 (Bill Public Works— 100 W Public Works Drive, 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: Administration EXT: 530 COMMISSION MEETING DATE: Agenda Item # 6.1� g/31 Z\ commissioner staff to complete) . BRIEFING DATE: AUgUst 2, 20.21 I Z4-14 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Authorize Interim County Administrator to enter into agreements with the following entities to fund eligible uses of ARPA Funds Background: The County has received ARPA Funds from the Federal Government to use as prescribed by the US Treasury Guidelines. The initial list of eligible uses of these funds based on review by the BOCC are as follows: MCSO Body Cameras $700,000 PUD 1 Agate Beach Water System Mainline $559,000 PUD 1 Vuecrest Storage Upgrade $158,284 Belfair Water $450,000 PUD 1 Belfair Substation $1,500,000 PUD 1 Customer Arrearages due to COVID $125,000 EDC Small Business Grants $500,000 Hood Canal Communications Colony Surf Fiber Buildout $313,556 Hood Canal Communications Eldon Fiver Buildout $501,932 Hood Canal Communications Customer Arrearages $110,000 Mason County Treasurer Property Tax Arrearages $200,000 Total $5,117,772 RECOMMENDED ACTION: Authorize the Interim County Administrator to enter into agreements with the authorized entities to fund eligible uses of ARPA Funds Attachment: Mason County ARPA Prioritization List of Projects Review 8/2/2021 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Administration EXT: 530 COMMISSION MEETING DATE: june Agenda Item # 6.18 / 3/ -Z 1 commissioner staff to complete) BRIEFING DATE: Aug••t-',02 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Authorize Interim County Administrator to issue a Request for Proposal for the Professional Services of a Washington State Lobbyist Background: The BOCC has request an RFP be placed to recruit the professional services of a Lobbyist. RECOMMENDED ACTION: Authorize Interim County Administrator to issue a Request for Proposal for the Professional Services of a Washington State Lobbyist Attachment: RFP for Professional Services of a Washington State Lobbyist MASON COUNTY REQUEST FOR PROPOSALS Washington State Lobbying Services Issued by Mason County Administration Office 411 N. 5th St Shelton, WA 98584 RFP INFORMATION Contact: Frank Pinter, Interim County Administrator Email Addresses: fpinter@masoncountywa.gov Phone: 360-490-6623 Submittal Date August 20, 2021 @ 2:00 PM (PST) PLEASE SUBMIT ALL CORRESPONDENCE AND PROPOSALS VIA E-MAIL DIRECTLY TO THE CONTACT LISTED ABOVE AND INCLUDE Page 1 of 8 Mason County Request for Proposals (RFP) State Lobbying Services Mason County is soliciting proposals for State Lobbying Services from qualified consultants /firms / individuals beginning October 1, 2021. The County anticipates awarding one contract with options for annual renewal for up to three years based on performance. Services performed by the selected Consultant include: providing strategic advice and planning in the development of an annual comprehensive state affairs strategy, implementing the state legislative agenda, and keeping the County abreast of developments on a broad range of issues of concern and potentially negative impacts to Mason County. A. BACKGROUND Mason County has approximately 67,000 residents and covers 1,051 square miles. The City of Shelton is the only incorporated city within Mason County. The County is governed by a three-member Board of County Commissioners and a newly appointed County Administrator. B. SCOPE OF SERVICES Provide strategic advice and planning in the development of an annual comprehensive state affairs strategy for the Mason County, including but not limited to: • Contributing proactive and creative suggestions for funding opportunities to advance the County's Economic Objectives, legislative, business, and transportation priorities; • Developing a legislative agenda with implementation plans for how to advance strategic priorities; • Develop and lobby for operating, Transportation and Capital Budget funding requests available to the County or identified by the County; • Identify additional state grant opportunities that align with the County's priorities and legislative agenda • Proactively engaging with state lawmakers, legislative, agency and governor's staff in pursuit of the County's stated priorities; • Attend all relevant legislative hearings; • Lobby the Legislature on all issues developed under the legislative program; • Lobby defensively on legislation that is introduced that would negatively impact the County's capital and transportation priorities; • Identifying key legislative and state agency relationships for the County and assist in creating opportunities to build and strengthen those relationships; Page 2 of 8 • Provide the County with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the County; • Work with the County to arrange lobbying visits to Olympia for the Commissioners ,County Administrator and other staff as appropriate, • Draft letters and talking points on legislation as necessary; • Testify on the behalf of the County at hearings before legislation and interim legislative committee, Provide regular updates, including but not limited to: • Monitoring of potential and pending legislation; • Identifying emerging issues of interest to the County in the areas of state policy; • Reporting on activities conducted in support of the state legislative strategy; C. QUALIFICATIONS: The proposed consultant must meet the following minimum qualifications: • At least three to five years' experience representing client interests before the Washington State Legislature or a state agency, or serving in a senior staff capacity in the Washington State Legislature or a combination thereof; • Public sector experience; • Knowledge of Local government operations, the state legislative process, and how that process affects local government operations; • Familiarity with the Mason County political landscape; • Demonstrated ability to develop positive working relationships with stakeholders in all areas of state government including the four legislative caucuses and state agencies; the ability to communicate clearly and persuasively. D. DELIVERABLES: The selected consultant will: • Regularly (at least once a week during legislative session and quarterly during interim) communicate in person or by phone with the County's Board of County Commissioners and County Administrator, describing the work and activities completed as part of each of the tasks included in the Scope of Services; • Prepare a semi-annual summary that describes the work and activities completed during either the legislative session or the interim as part of each of the tasks included in the Scope of Services; and • Participate in Washington Public County Association (WPPA), Washington State Association of Counties (WSAC) and the Association of Washington Cities (AWC) lobbyist lunches or briefings during the legislative session when appropriate. Page 3 of 8 E. PROPOSAL ELEMENTS & EVALUATION CRITERIA: Proposals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the proposing individual and their ability to meet the requirements and provide the requested services of this RFP. The written proposals should be prepared in the same sequential order of proposal criteria as outlined below. Proposals are limited to 5 numbered pages (8 '/z by 11 inch) excluding the cover letter, compensation information and all appendices. All pages shall be in portrait orientation with 1 inch (1") margins. Font size shall be 11 point or larger. Proposals that do not follow this format may be rejected. The cover letter shall include the RFP Title, Name, Title, Email Address, Phone Number and current address of the submitting firm's main contact and include the following information: INITIAL EVALUATION PHASE Consultant applications will be evaluated based on the following weighted criteria. The maximum points possible for each criterion is listed below each criteria heading. 1. Qualifications & Experience 40 PTS Identify the proposed team, demonstrate the team's experience in performing the requested services and describe how the team meets or exceeds the minimum qualifications. • The County will evaluate the experience and qualifications of the Personnel identified. Emphasis will be placed on experience and expertise in performing work of similar scope and complexity. • Include a list of references / clients from the past three to five years, to include a point of contact and contact information for which the proposed Consultant has performed similar services. Describe how potential conflicts of interests between clients are handled. • Resumes of the key individuals may be included as an appendix and are not included in the total page count. Resumes are to be limited to one single-sided, letter-sized page. Page 4 of 8 2. Project Approach Narrative 30 PTS Proposals should clearly outline the firm's recommended approach and methodology for: • Accomplishing the Scope of Services: Clearly describe the approaches and methods that will be used to accomplish the tasks required in the scope of services. Include a summary of innovative ideas and suggestions for enhancing the scope of services. • Coordination & Communication: describe how the firm intends to accommodate communications and interactions between the consultant, the Board of County Commissioners and the County Administrator. 3. Compensation 30 PTS Compensation information MUST be provided separately from the proposal, in an individual PDF document. All rates quoted shall be: • Fully burdened, including, but not limited to, per diem, administrative overhead, travel, lodging, and transportation (all direct/indirect expenses) • Full cost inclusive of sales tax and other government fees, taxes and charges; • Valid throughout the contract period unless otherwise amended and agreed to by both parties in writing. FINAL EVALUATION PHASE 100 PTS Interviews may be conducted with the firms scoring at least 80% of the non- compensation points or the top three (3) firms, whichever is greater. Failure to participate in the interview process will result in the Proposer's disqualification from further consideration. Travel costs will not be reimbursed for the interview. References: References will be requested and scored on those firms selected for interviews. The County may phone references with additional questions. Page 5 of 8 PROCUREMENT PROCESS Issuance of RFP August 3, 2021 Proposal packets due August 20, 2021 Short List Consultants* Interviews (if required)* August 27, 2021 Final Selection* August 31,2021 Execute Contract* August 31,2021 SOLICITATION TIMELINE: *Dates are tentative. All status updates on the above solicitation timeline will be announced on the Mason County's website for this solicitation. VENDOR OBLIGATION Mason County's Requests for Bids, Requests for Proposals and Requests for Qualifications can be accessed on the County's website, www.co.mason.wa.us. SUBMITTAL PROCESS Proposals must be received via email on or before the date and time outlined on the front page of this RFP. Send your electronic submittal to- fpinter _masoncount wy a.gov. Name of Firm, RFP Title (Subject Line) Please submit one electronic copy in Adobe Acrobat PDF format, including all appendices. Submittals need to be limited to 9 MB in total email size. It is the Consultant's responsibility to verify the receipt of the submittal. Electronic verification will be provided upon request. *Late proposals will not be accepted by the County. Proposals received after the stated date and time will not be reviewed and shall be deemed non-responsive. EVALUATION AND AWARD PROCESS An evaluation team will review each proposal and evaluate all responses received based upon the criteria listed herein. The County may request clarifications or additional information, if needed. After the evaluation team individually scores each proposal, the scores are tallied and the firms are ranked based on the scores, from highest score to lowest. A selection may be made based on the proposals and initial evaluation criteria alone. Alternatively, the evaluation team may create a short list of the top ranked firms and invite Page 6 of 8 the short-listed firms in for interview and/or check references. Scores for reference checks and interviews will be tallied and added to the short-listed firm's initial evaluation scores. Final selection will be based on reference checks and interviews. The County intends to select the Proposer who represents the best value to the County and begin the negotiation and award process based on the evaluated scores. The selected Consultant will be invited to enter into contract negotiations with the County. Should the County and the selected firm(s) not reach a mutual agreement, the County will terminate negotiations and move to the next highest ranked firm and proceed with negotiations. The County reserves the right to accept or reject any or all information in its entirety or in part and to waive informalities and minor irregularities and to contract as the best interest of the County may require. The County reserves the right to reject any or all Proposals submitted as non- responsive or non-responsible. PROCEDURE IN THE EVENT OF ONLY ONE PROPOSAL IS RECEIVED In the event that a single responsible proposal is received, the Bidder shall provide any additional data required by the County to analyze the proposal. The County reserves the right to reject such proposals for any reason GENERAL INFORMATION News releases pertaining to this RFP, the services, or the project to which it relates, shall not be made without prior approval by, and then only in coordination with, the County. Costs Borne By Proposers All costs incurred in the preparation of a Proposal and participation in this RFP and negotiation process shall be borne by the proposing firms. Small Business And Disadvantaged Business Opportunities Mason County encourages participation in all of its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation/invitation or as a subcontractor to a Bidder/Proposer. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of bids/submittals, no minimum level of MWBE participation shall be required as a condition for receiving an award and bids/submittals will not be rejected or considered non- responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply. The selected firm will be required to show evidence of outreach. Page 7 of 8 Public Disclosure Proposals submitted under this Solicitation will be considered public documents and, with limited exceptions, will become public information and may be reviewed by appointment by anyone requesting to do so following the conclusion of the evaluation, negotiation, and award process. This process is concluded when a signed contract is completed between the County and the selected Consultant. If a firm considers any portion of its response to be protected under the law, the vendor shall clearly identify each such portion with words such as "CONFIDENTIAL," "PROPRIETARY" or "TRADE SECRET" on each page for which the protection is sought. If a request is made for disclosure of such portion, the County will notify the vendor of the request and allow the vendor not less than ten (10) days to seek a protective order from the Courts or other appropriate remedy and/or waive the claimed confidentiality. Unless such protective order is obtained and provided to the County by the stated deadline, the County will release the requested portions of the Proposals. By submitting a response, the vendor assents to the procedure outlined in this paragraph and shall have no claim against the County on account of actions taken under such procedure. Page 8 of 8 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: August 3, 2021 Agenda Item # 8 Iq Commissioner staff to complete BRIEFING DATE: July 19, 2021 BRIEFING PRESENTED BY: EDC [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the 2021-2022 Comprehensive Economic Development Strategy (CEDS) Project list as recommended by the Mason County Economic Development Council. Background: This is a public infrastructure prioritization list. Projects are considered according to community need, project readiness, probability of being funded, and number of jobs created. Projects must be sponsored by a government entity to qualify for the CEDS process. RECOMMENDED ACTION: Approval of the Resolution adopting the 2021-2022 Comprehensive Economic Development Strategy (CEDS) Project list as recommended by the Mason County Economic Development Council. Attachment: Resolution RESOLUTION NO. RESOLUTION ESTABLISHING THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PROJECT LIST FOR 2021-2022 WHEREAS, in the agreement between Mason County and the Economic Development Council (EDC), one of the tasks is to compile the Comprehensive Economic Development Strategy (CEDS) list for Mason County, Washington; and WHEREAS, the EDC has solicited suggested projects from local Mason County jurisdictions and community groups for possible infrastructure improvements to enhance economic sustainability throughout Mason County; and WHEREAS, the State Legislature has authorized Mason County to retain .09 percent of retail sales taxes annually for economic development projects; and WHEREAS, eligibility for funding must be demonstrated by a list of projects; and WHEREAS, the EDC has recommended a list of projects which updates the current infrastructure needs which the Commissioners have reviewed; WHEREAS, the Commissioners have identified the following list and priorities as listed in Exhibit A. NOW, THEREFORE BE IT HEREBY RESOLVED, that the Board of Mason County Commissioners adopts the attached list of priorities for inclusion in the 2021-2022 CEDS publication. Dated this 3rd day of August, 2021. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Pmg6cuting Attorney Sharon Trask, Commissioner C: Economic Development Council J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2021\CEDS 2021.doc Exhibit A 2021-2022 COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGIES PROJECT LIST FundingFunclin Lead• e Total Cost I Secured Funding Phase ather dried Mason County PW Mason county,City of Bremertm Belfair Sewer,North Extension/Belfair Freight Corridor/PSIC Utilide,,Em„omic Development $ 14,000,000.00 $1,000,000 City of $2,250,DD0 State Final Design/Construction 2018 !Bremerton,$250,000 constructlon Mason Transit Authority wsOOT,Mason County,City of Shelton SO Park&Ride Development Transportation,utilities,tend Use,Economic $ 10,285,000.00 $4,750,000 RMG Funded-renew State Planning Design Construction 2018 Alliance(consulting) DavNopment,Public Sarety,Environmental $085,000 Leg. efforts annual Mason County PUD No.1 Bonneville Power Adminl,tratlon,Mason County Manzanita Substation Utlllties $ 3,361,175.00 $ 2,114,6S8.00 $ 1,246,517.00 PUD electrical bonds Design 2020 PUD3 proceeds and reserve Mason County PUD No.1 Union Regional Water System Consolidation:Project B"Union Utilities $ 84,000.00 $ S0,000.00 $ 34,000.00 PUD Reserves Construction 2020 Ridge Water Main" Mason County PUD3 Bonneville Power Administration,Local Substation:Belfair Utilities $10,000,000- i$6,000,000-18,000,000 $4,000,000- System Capacity Fee Planning Design 2020 Developers,Port of Shelton 30,000,000 1 12,000,000 Mason County PUD3 Bonneville Power Administration,Local Substation:Dayton Shelton utilities $ 10,000,000.00 Is 6,000,000.00 $ 4,000,DDO.00 System Capacity Fee Planning Design 2020 Developers,Port of Shelton Mason County PUD3 Bonneville Power Administration,fool Substation:Potlatch Utilities $ 3,000,000.00 $ 1,800,000.00 $ 1,200,D00.00 System Capacity Fee Planning Design 2020 Developers,Port of Shelton Mason County PUD No.1 Agate Beach Mainline Replacement Project utilities $ 900,620.00 j$ 499,864.00 $ 400,7S6.00 PUD water bonds Design 2020 proceeds Mason County PUD No.1 Washington State Department of Health H Shadowood Reservoir&Booster Station Utiutles $ 2,500,000.00 $ 1,250,000.DO $ 1,250,000.00 DOH&PUD water Design Construction 2021 bonds proceeds Mason County PUD No.1 Washington state Department of Health N Canal View Water Systems Rehabilitation Utilities,Public Safely $ 468,260.DO $ 234,125.00 $ 234,135.00 DOH Drinking Water Planning Design Construction 2021 Revolving Fund Mason County PUD3 Union Regional Water System Consolidation:Project B uWtles $ 581,000.00 $ 200,000.00 $ 381,000.00 PUD Reserves Planning Design Construction 2020 "Vuecrest&Union Ridge Intertle Project' Mason County PW DOT,Mason Transit,utilities Trails Road Alternative-Razor Road Extension Utlktles,Transportation,Public Safety,Land $ 2,500,000.00 $ 750,000.00 $ 1,750,000.00 State Design Construction 2018 Use,Economic DwNopment e Port of Allyn North Bey Historical Society Sargent Oyster House Tounsm $ 712,000.00 $ 218,000.00 $ 494,000.00 Construction 2020 ___..........._......................__.___..___ ........__._____._ —'_—'—__.__ _._._ __........___—_.................._...._..............................._.—........_.....__—_.—_^___.__.__..__.._..____....___..................._.._ City of Shelton N Membrane Treatment Plant Phase 1 Capacity Expansion $ 7,SOO,OD0.00 $ 1,500,000.00 $ 6,000,000.00 City Rates&General Planning 2021 S4uaaln Island Tribe Utilities,Public Salery,Land Use, Design and Construction Emirivan—A 1,Economic Development Facilities Charges Mason County PUD No.1 Union Regional Water System Consolidation:Project F Utilities $ 440,DDO.00 $ 87,000.00 $ 353,000.00 PUD Bonds or loans Design 2020 "Alderbrook Mainline Replacement" Mason County PW DOT,Mason Transit,Belfair Community,Utilities, SR3 Freight Corridor-Romance Hill Connector Utilities,Transportatlon,Public Safety,Land $ 1,320,000.00 1$ 220,000.00 $ 1,100,000.00 State Design Construction 2018 PAC Use,Economic Development Belfair Water District Me,en county,EE Overton New Well-Pressure Zone 2 utilities $ 500,000.00 1$ S0,000.00 $ 450,000.00 BWD researve funds Design Construction 2022 N Mason County PUD No.1&3 Bonneville Power Administration,Mason County Electrical System Interne PUD3-PUD3 Utilities $ 259,470.00 $ - $ 259,470.00 PUD operating and Construction 2020 PODS reserve funds City of Shelton Evergreen Safe Routes to School Transportation $ 1,000,000.00 $ - $ 1,000,000.00 Federal 2023-2024 Design Construction 2018 Mason County PUD No.3 WS00T N Hwy 108 Fish Culvert Projects Utilities,Public Safely,Transportatlon, $ 250,000.00 $ - $ 250,000.00 Internal Planning Design 2021 Emdromental Mason County PUD No.1 Washington State Department of Health N take Arrowhead Main Line Replacement Utilities,Public safety $ 1,373,344.44 $ - $ 1,373,344.44 PUD Reserves Planning Design Construction 2021 Mason County PUD No.3 Hoods Canal Communluftris,IFIberOne,N-Nert, Rural Broadband-Fiberhoods Utilities,Public Safety,Healthcare,E-riun e $ 5,000,000.00 $ - $ 5,000,000.00 State Planning Design Construction 2018 businesses,residents,communty groups within Deveapment City of Shelton Squain Island Tribe Sanitation Plant Reclaim Water Tank Utilities $ 2,000,000.00 $ - $ 2,000,000.00 State:DOE Design Construction 2019 Mason County PUD! Union Regional Water System Consolidation:Project D Utilities $ S00,000.00 $ - $ 500,000.00 PUD Bonds or loans Design Construction 2020 "Manzanita Reservoir Mainline" Mason County PUDI Union Re{lonal Water System Consolidation:Project E Utilities $ 796,DDO.00 $ - $ 796,000.00 PUD Bonds or loans Design 2020 "Alderbrook Mainline Replacement" CRY of Shelton Ewr{rean Town Square Communily,Development $ 1,500,000.00 $ - Design Construction 2018 Exhibit A City of Shelton Well Water Ma In u0unes $ 2,000,000.00 $ - Design Construction 2018 Mason County PUD3 WSOOT Duckabush Bridge Replacement Utilities,Transportation,Public Safety,Land $ 1,000,000.00 $ - $ 1,ODO,000.00 Planning 2020 Use,Parka&Tralls,Envlromental Mason County PUD1 Bonneville Power Administration,Local Union Regional Water System Consolidation:Project Utilities $ 1,039,2Do.00 $ $ 1,039,200.00 Design Construction 2020 Dwelopers,Port of Shelton "Manzanita Water Reservoirs" Mason County PUD3 N Union Regional Water System Consolidation:Project E unun.s $ 353,000.00 $ - $ 353,000.00 Design 2021 "Alderbrook Mainline Replacement" Mason County PUD3 Hood Canal Comm,iFlber Comm,Advanc.d Coloquallum Communities Rural Broadband Fiber Project Utilities,Public Safety,Economic $ 4,000,000.00 $ 4,000,000.00 Construction 2021 Stream,N-Net,businesses,residents N Development Mason County PUD3 Energy Northwest,WSOOT,MTA Electric Vehicle Infrastructure Utilities,Transportation,Economic $ 100,000.00 $ - $ 100,000.00 Planning 2020 Dwelopment Mason County PUD3 ❑ty,of Shelton,Mason County,WSDOT,HOAS LED Streetlight Upgrades Utilities,Tranaporta[IoR Safety,Parks A, $ 100,000.00 $ - $ 100,000.00 Planning Design Construction 2020 Trails,Erwirmmantal Masco Colin Utilities,Public Sale 370,800.00 $ - $ 370,$00.00 ConSWctlOn 2021 Mason County PW County N Belfair W RF Critical Equipment Replacement Project ry,Environmmtai, $ Economic Development Mason County PW Mason County N Belfalr W RF Resiliency Project . Utilities,Public Safety,Emironmental, $ 300,000.00 $ - $ 300,000.00 Construction 2021 Economic Development Mason County PW Mason Count N Mason Plan Update Utilities,Public Safety,Environmental, $ 250,000.00 $ - $ 250,000.00 Planning 2021 Economic Dwelopm.nt Mason County PW Mason county N North Bay Case Inlet WRF GSP/FP Update Utilities,Public Safety.Land Use, $ 206,000.00 $ - $ 206,000.00 Planning 2021 Emlronmmtal,Economic D—lopment Mason County PW DOT,Port of Allyn,Masco Transit.Allyn SR3 Complete Street Improvements and Intersection Control U131M.s,Transpon.Den,Land Us.,Economic TBD $ - Planning 2018 Community Analysis(ICA) Davelopment Mason Transit Authority WSDOT,Mason County Allyn Transit Center Planning project Transportation $ 50,000.00 $ Planning 2018 Mason Transit Authority Construct Maintenance Wash Facility Tranapcnatl.n $ S00,000.00 $ - $ 500,000.00 Design Construction 2019 Mason Transit Authority WSDOT,Masco County(Hoodapon Muter Plan Hoodsport Transit Center Planning Transportation $ 50,000.00 $ - Planning 2018 inclusion) — -------.......... �... -'-'-'---------- ----- -'-------._ Mason Transit Authority Johns Prairie Facility Upgrade/Construction Transportation $ 2,500,000.00 $ - $ 2,500,000.00 Design Construction 2019 Port of Allyn Port Security Utilities,Public Safety $ 60,000.00 $ - $ 60,000.00 Planning Design 2020 Port of Shelton Aviation Business Park Economic Development $ 20,000,000.00 $ - Planning 2019 Port of Shelton Tenant Consolidation&Expansion Economk Development $ 3,000,000.00 $ - pia..' 2018 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Marissa Watson, Senior Planner Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services - Planning Ext: 367 Date: August 3, 2021 Agenda Item # �Q. (Commissioner Staff To Complete) Briefing Date: June 28, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing August 3, 2021 at 9:15 a.m.to consider rezone of a 9.77-acre parcel from Rural Commercial 1(RC1)to Rural Industrial (RI). BACKGROUND: This request by the property owner is to rezone approximately 9.77 acres from Rural Commercial i(RC1)to Rural Industrial (RI). Parcel 42018-14-00030.Address 7431 W. Shelton Matlock Road; Shelton,Wa 98584. If the rezone is approved the applicant, Bruce Lund/Lund Custom Machining, Inc.,will be proposing to build a machine shop in the same approximate footprint as the former Loggers Bar and Grill. No additional land disturbance on the parcel is proposed.The Planning Advisory Commission voted to approve the recommendation of the application request to the BOCC after review of staff report and hearing testimony at their scheduled meeting on June 21, 2021. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 42o18-14- 00030 from RC1 to RI. ATTACHMENT(S): Ordinance Staff Report with Attachments 7/19/2021 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY DEVELOPMENT AREAS (ZONING) MAP LUND REZONE ORDINANCE Mason County Development Areas (Zoning) Map 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, Lund Machine Rental LLC., C/O Bruce Lund, owner of real property in Mason County known as parcel 42018-14-00030, has requested a zoning change of the property from Rural Commercial 1 (RC1) to Rural Industrial (RI); and WHEREAS, on June 21, 2021, the Mason County Planning Advisory Commission held a public hearingto considerthe amendment and passed a unanimous 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 August 3, 2021; 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 Development Areas (Zoning) 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 Development Areas (Zoning) Map rezoning the parcel 42018-14-00030 from Rural Commercial 1 (RC1) to Rural Industrial (RI). DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Page 1 July 19,2021 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 9.77 ACRES FROM RURAL COMMERCIAL 1 (RCI) TO RURAL INDUSTRIAL (RI). STAFF CONTACT Marissa Watson, Senior Planner Ext#367 APPLICANT PROPERTY OWNER Bruce Lund/Lund Custom Machining, Inc. Same iio W. Metzler Mill Road Shelton, WA 98548 SUMMARY OF PROPOSAL Rezone parcel 42o18-14-00030 from Rural Commercial 1(RC1)to Rural Industrial (RI). This parcel is in the Rural Development Areas.This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No.42o18-14-00010: is 9.77 acres in size and is located just off of West Shelton Matlock Road and approximately.20 miles west of West Little Egypt Road.The parcel is not mapped as part of the Dayton Hamlet but the hamlet mapping surrounds the subject parcel. Hamlets are areas referred to by the Department of Commerce as "limited areas of more intensive rural development" or "LAMIRDs".These areas developed prior to land use controls and they provide rural levels of service and convenience to rural residents who would have to travel longer distances for the same services. The subject parcel is currently zoned Rural Commercial 1 (RC1) and served as the site of a restaurant/tavern from the late 198os till it's closure in 2014 as noted by the MC Public Health Department. The majority of the site is treed with a wetland system and stream mapped in the existing vegetated areas to the south.A good portion of the undeveloped area of the site is also in a floodplain. These areas are regulated under the Mason County Resource Ordinance and Flood Damage Prevention Ordinance and any future projects shall be regulated under these Ordinances, as well as the Development Regulations. The former restaurant/tavern was recently demolished with the concrete pad and parking area still intact as well as a septic system,drainfield and well. ZONING INFORMATION CURRENT ZONING DESIGNATION: Rural Commercial i(RC3.) There are four types of rural commercial districts.These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.7oA.070(5)(d)(i)("DI LAMIRDs")shall be principally designed to serve the existing and projected rural population.The county's primary method of such design is to limit building size, height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are not required to be principally designed to Staff Report_Lund- BOCCStaff Report Lund- BOCC Page 2 July 19,2021 serve the rural population.These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.7oA.030(3.4), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area.The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. Rural Commercial i uses permitted with a Special Use Permit includes convenience/general store, gas, restaurant, bed and breakfast, and laundry with accessory use of owner occupied residential. PROPOSED ZONING DESIGNATION: Rural Industrial (RI) The rural industrial district provides for isolated areas of primarily existing industrial type uses. Rural industrial is not required to be principally designed to serve the existing and projected rural population. However, isolated LAMIRDs("D2 and D3 LAMIRDs")of an industrial nature shall protect rural character, which is defined at RCW 36.7oA.0300-4), by containing and limiting rural development, by not being in conflict with surrounding uses, and by assuring that such development is visually compatible with the surrounding area.The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. Uses permitted within this zone are manufacturing, warehousing,truck yards, and contractor yards with accessory uses of retail space not to exceed ten percent of the floor area. BACKGROUND The applicant submitted a complete rezone application, with fees, to the Permit Assistance Center on 4/29/2021.The parcel is owned by Bruce Lund/Lund Custom Machining, Inc.and the applicant, if the rezone is approved, is intending to utilizing the former footprint of the Loggers Bar and Grill to site a machine shop for the fabrication of metal parts. No additional land disturbance is involved in the proposal. ANALYSIS Mason County Code Section 17.05.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: i. 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 rezone would allow for a use, machine shop, that will operate during normal business hours, create fewer trips to the site than a restaurant, all operations will be indoor, and the existing critical area buffers and vegetation will remain intact. Staff Report_Lund-BOCCStaff Report_Lund-BOCC Page 3 July 19,2021 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 specifically consistent with the RI section of the Development Regulations. The subject parcel is situated near the Dayton Hamlet, an area that is referred to by GMA as a 'limited area of more intense rural development". The area also includes a convenience store and the Mason County Fire District#16 station 16-1. 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 and staff believes the rezone of this parcel would not increase sprawl or low- density development or cause it to occur. The proposed zoning does not increase sprawling as any development is limited to the existing footprint and is limited by existing critical areas and floodplains. Rural Industrial zoning will not affect any resource based uses in the vicinity. 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. This criterion is met as the proposed zoning doesn't intensify the demand for urban services and in fact will utilize those services already in place due to the former existence of the restaurant and tavern. There will be no demand on streets, parking will not be increased, utilities already exist on site, the need for fire protection will not increase, most likely have less impact on law enforcement requirements, and no impacts on schools. 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 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. This criterion is met as the proposed rezone of this parcel would not 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. The rezone is located on a parcel that has been used in a commercial nature since the late 198os and is zoned Rural Commercial 1, public services already exist in the location and thus will not require the extension of any services to this site. 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 Staff Report_Lund- BOCCStaff Report_Lund-BOCC Page 4 July 19,2021 retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone would not 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.Any development on the site will be limited to existing footprint, no vegetation will be removed, and any development would be evaluated under Mason County's Resource Ordinance. 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. This criterion is met as the proposed rezone would not create pressure to change surrounding land uses as the property was already zoned as commercial. The rezone is not projected to affect population growth in the rural areas. 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. N/A, not zoned in error. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on May 10, 2021. Comment period for this determination closes on May 24, 2021. Comments from PUD 3 and Wa Department of Ecology are attached. 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 PAC public hearing was published in the Mason Shelton Journal on June io and June 17, 2021. The Public Notice was posted onsite on May 12, 2021. The public notice for this public hearing was published in the Mason Shelton Journal on July 15 and July 22, 2021. PLANNING ADVISORY COMMISSION On June 21, 2021,the Planning Advisory Commission held a public hearing on this proposal.After calling for testimony and deliberation,they made a 4-o decision to recommend approval to the BOCC. PUBLIC COMMENTS At the time of drafting this report no comments had been received.Any comments received prior to the hearing will be forwarded to the PAC and the applicant. Staff Report Lund- BOCCStaff Report Lund-BOCC Page 5 July 19,2021 SUMMARY AND RECOMMENDATION Staff and the PAC recommend that the Mason County Board of County Commissioners approve this rezone request. ATTACHMENTS • Application and Rationale for Request • Current Zoning Map • Future Land Use Map(showing Dayton Hamlet) • SEPA DNS and Checklist • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail • Ordinance Staff Report Lund- BOCCStaff Report_Lund-BOCC Fee: $2,220.00 MASON COUNTY COMMUNITY SERVICES Buildin9,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: 12omprehensive Plan Policy DDevelopment Regulations auture Land Use Map (Comp Plan Amendment) Ekoning 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: Bruce Lund/Lund Custom Machining, Inc. Mailing Address: 110 W. Metzler Mill Road City: Shelton State: WA Zip: 98584 Telephone No.: (360)432-0310 Parcel Number(s): 420181400030 Parcel Size and Legal Description: 9.77Acres described as: The West 1/2 of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 Except Right-of-Way. 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.) A zoning map change on the parcel located at 7431 W.Shelton Matlock Road from Rural Commercial 1 to Rural Industrial. 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 proposed rezone would allow for the construction of a new machine shop on a Rural Commercial property that was the former location of a restaurant. The new business would employ County residents and is supportive of economic development and land use goals as explained on the attached narrative.The building would be the same approximate size as the former restaurant building and would not involve additional land disturbance and so preserves the natural features that exist on the site and is in keeping with the rural character of the area. � 1yL.0Z Signature and date LUND ZONING MAP CHANGE NARRATIVE AND CONFORMANCE TO REZONE CRITERIA Project Description: Construction of small-scale business on the site of the former Loggers Bar and Grill located at 7431 Shelton Matlock Road. The business proposed is a machine shop involved in the fabrication of metal parts.The shop would be a single story 5,700 square foot building located on the footprint of the former commercial building that was recently removed.The business would employ up to 6 full-time and 2 part-time workers and would operate during normal business hours between 7:00 a.m. and 5:00 p.m.The business would utilize the existing well and septic system that served the previous commercial use and would require some upgrade of the electrical service that currently serves the property. A total of 10 off-street parking stalls would be provided. All property improvements would take place on the portion of the site that housed the previous commercial building, adjoining W.Shelton Matlock Road.The natural vegetation that exists on the majority of the 9.77-acre site would be left undisturbed. Rezone Criteria: 1. Development allowed by the proposed rezone designation shall not damage public health,safety and welfare; The proposed rezone would allow for the construction and operation of the machine shop business as outlined in the project description above.When compared with the previous commercial use of the property,the proposed business will have lesser impacts on public health,safety and welfare. The impacts of business operation would occur during normal business operating hours, as opposed to the former bar and grill. It will result in less vehicle traffic, normally operating on less than 25 average trips daily.The proposed business will not use hazardous materials or produce emissions and all business operations will be conducted indoors. Consequently,the business will not create adverse impacts to the adjoining properties or the County in general. It will provide up to 8 residents with jobs and in so doing will provide positive economic benefit to the County. 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; The proposal is consistent with the County Comprehensive Plan,the requirements of the Growth Management Act and the County zoning regulations as follows: Comprehensive Plan: The proposed business is in keeping with the Rural element of the plan. It would simply convert an existing Rural Commercial 1 designated property to a Rural Industrial designation and would not be an intensification or expansion of a more intensive use in a rural area. The proposed rezone would help to implement the following specific comprehensive plan policies: 79. Continue to provide flexibility in the interpretation and application of zoning requirements to encourage adaptive reuse and compatible commercial/industrial development. Lund Rezone Request-Page 1 of 4 The proposal would provide the adaptive reuse of an existing rural commercial property and provide for a new business that would bring jobs to the County. 80. Facilitate expansion of existing business activities in Mason County,when consistent with the predominant rural character and environmental protection goals. The proposed rezone would expand jobs for County residents in a manner that is consistent with the rural character of the area.The proposal would not result in the disturbance or removal of natural vegetation, it would provide for the protection of the environment. Further,the proposal is consistent with the following Countywide Planning Policies Statements: 2) Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. The proposed rezone is based upon converting existing rural commercial site from one commercial use to a different commercial use. No conversion of rural lands into sprawl would result from approval of this application. 5) Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state,especially for unemployed and for disadvantaged persons,promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth,all within the capacities of the state's natural resources, public services,and public facilities. The proposed rezone would provide employment opportunities for County residents while protecting natural resources and not further burdening public services and facilities. 10) Protect the environment and enhance the state's high quality of life,including air and water quality,and the availability of water. The proposed rezone would not result in any disturbance or removal of the natural features and critical areas that are located on and near the site and is therefore consistent with the County's goals to protect the environment. Finally, the Mason County Code(Section 17.05.080(B)) requires that rezones involving "small scale business" must meet the provisions of RCW 36.70A.070(5)(d)(LAMIRD- Limited Areas of More Intensive Rural Development).The proposed business is independently owned and will employ fewer than 20 persons and so meets the definition of"small scale business".Additionally,the proposal meets the requirements of a LAMIRD as follows: a. The project is the redevelopment of an existing commercial land and so qualifies as a limited area of more intensive rural development; b.The proposed machine shop use would provide for the employment of up to 8 residents and qualifies as an isolated small-scale business; c As the proposal would redevelop an existing commercial property with a building of a similar size and in the same location as the former commercial building,the proposed project is consistent with the rural character of the area; d.The proposal would rely upon the existing level of utilities and public services that are already available in the area; and Lund Rezone Request-Page 2 of 4 e The original commercial use of the property(The Logger's Tavern, later the Logger's Bar and Grill) was established prior to 1990 and so qualifies the site as a limited area of more intensive rural development. 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; The proposed use of the property is an isolated small-scale business and would not create sprawl within this existing rural area.The use would not interfere with or be incompatible with resource- based uses within the vicinity. 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; The proposed rezone would utilize water and sewer services that are already present and would in fact use less water than the former restaurant.The traffic impacts of the proposed use would also be less than those associated with the former restaurant.Operation of the business would have no impact to area schools or recreational facilities.The fire protection required for the proposed business would be like the former restaurant use, as the size and height of the proposed building is like the former restaurant use.Additionally, a fire alarm would be installed within the building, providing for a quicker response time in the event of an emergency. Finally,the demand for police protection would be lessened. Fewer people would be housed in the machine shop than in the former restaurant and no alcoholic beverages would be served in the new business. 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 development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner, The proposed rezone will not require the extension of utility systems or services to meet the needs of the proposed machine shop.The traffic volumes generated by the proposed business are less than the former restaurant, so impacts to the road system are negligible. Existing rural land classifications only allow for development within established Rural Commercial zoning,which severely limits the potential for further development within rural areas. 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; Lund Rezone Request-Page 3 of 4 The proposed rezone would not impact the Growth Management Act goals of protecting the natural environment and retaining open space because the proposed use would be located within the same footprint as the former commercial use that occupied the site. No further land disturbance is proposed and existing natural vegetation onsite will be retained.The project will be consistent with the County's critical areas codes. 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; Existing rural land classifications only allow for development of this type of use within established Rural Industrial zoning. 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. There are no known errors in need of correction involved in this proposed rezone. Lund Rezone Request - Page 4 of 4 RatTead= x Lund Rezone Request From: Rural Commercial 1 Rural Industrial 7431 W. Shelton Matlock Road1�--lr y h.. s 'f. A�• a Acreage: 9.77 Acres VICINITY MAP { i Lund Rezone Request From:Rural Commercial 1 aytc n To: Rural Industrial \ !' Address: 7431 W.Shelton Matlock Road Parcel#: 420181400030 Acreage: 9.77 Acres I i '- Site d / T bacOcaBh CT elk ASSESSOR'S 1 c L 11(tAP r7 Rural Mu`i Fam ly l� �� (rthold'.nglands Lund Rezone -,— I-I Rural Res:de-r-al_.5 Acres ` Rural Re3idemfa15 acres Request ( 7 RuralResldv+:al10Acres �\� ❑ Rural Reside^:fel-VAcres �\ 4 rr-i oral Resaurtt lands From:Rural Commercial 1 -- — y To: Rural Industrial "� �� f ❑® Rural ermComrerca'Foror.Rural � �T .` �` ! Tv.Isc i �ti /h 1 +;+ Rural 7ouns: m•Capyround Address: - 1 A� .7. Rural Commercial, 7431 W.Shelton Matlock 1 --� + �� Rural Commerval 2 Road � � � I ® Rural Commen el3 ?%s Rural Commems!S Parcel#: I - l Rural lndu3visl 420181400030 �- Site % ,,'`�,i•� Lj Rural Natural Resource Acreage: 9.77 Acres f � r f' EXISTING ZONING �� sf Hydrolocy Lund Rezone Request ; `; j "�; ;; ■ Nerne No Name �,—�--- j From: Rural Commercial 1 NHDWeerCounea To: Rural Industrial � �,.r.� �` }," j" ; r' -� DNRwowsoaies s... / +f Address: — i r r ,r✓ >"r �ri No fish r PG ■ Shorelines o{tte5tate 7431 W. Shelton Matlock ' rr J ,r''r f / 'rOfi. ■ Veatera With notjOedesignation Road �! r" 1 Site ; -Q DN32%VmerCourxs Fish Pa rce l #: 420181400030 ' ' i,, — shorofinesot nesote Warrs,with notvpedesignation Acreage: 9.77 Acres 1 ,' Netonal Watlands s*.ventwy(Hyverl:nked) __t Site is Located within the Oakland Bay Watershed r xU: r I� HY RO �1 N [�I ti FEh'A FIRM Map Lund Rezone Request �S �w ■ A. ! ® A=_ 0 AE.FLOODWAY From: Rural Commercial 1 To: Rural Industrial ' 0REIQ WAIT R. j vE, Address: 7431 W. Shelton Matlock Road Parcel #: 420181400030 Acreage: 9.77 Acres 00 M P _� N 7380 W SHELTON MATLOCK RD SEATTLE WA 981062601 SHELTON WA 98584 LUND,DAVID W&CAROL ///J14 KIM,YONG K0O PO BOX 687 { 16 7480 W SH ELTON-MATLOCK RD SHELTON WA 985840687 + 1 f 15 I 1 SHELTON WA 98584 BAILEY,HEIDI L&FORRESTI I BAKER,PATRIA&KEITH D 7271 W SHELTON-MATLOCK RD _ SHELTON WA 985848020 1 9 SHELTON W SHELTONA985 MATLOCK RD SHELTON WA 98584 LUND,DAVID W&CAROL _ PO BOX 687 SHELTON WA 985840687 ►• 2 SHELTON WA 98584 CAPITOL LAND TRUST, 7 4405 7TH AVE SE STE 306 GEDORA M INVESTMENTS LLC, LACEY WA 98503-1055 101 W SENTRY DR SHELTON WA 98584 LAPLANTE,ERVIN 7515 W SHELTON MATLOCK RD SHELTON WA 985848988 LAPLANTE,ERVIN 7515 W SHELTON MATLOCK RD SHELTON WA 985848988 LAPLANTE,ERVIN 7515 W SHELTON MATLOCK RD SHELTON WA 985848988 COLIN-JIMENADELINA 8530 STEILACOOM RD SE#6 5 4 IRWIN,ARIC M r 7380 W SHELTON MATLOCK RD SHELTON WA 98584 KIM,YONG K00 �- 7480 W SHELTON-MATLOCK RD SHELTON WA 98584 PROPERTIES WITHIN 300 FEET OF LUND REZONE REQUEST NORTH bl'" Tf�7y(»ID 420181190031 -f J,p�lk501 901 W SENTRY OR. ZONE'RRR-5 SHELTON WA 98584 SHE ON R-5 ' ZONE RR-5 (E)ACCESS CONTROL W. S LTON MATLOCK RD. REMOVE (E) ACCESS-,,� CONTROL TO _ "-(E)45'X10' RE-ESTABLISH 50' -4 -- �'� (E) 50.0' / DRAIN FIELD ACCESS J _f_ ACCESS W/ RESERVE N85.58'42"E 71_ - ' b 45.0' S)PTIC CO CAL E TANK k 1 -.--� 114.0' 1150 GAL PUMP TANK m 120.0' 24 0' o N n I z I [P. r,700 SQ FT NEW ASPHALT '�4 �~ _ _ �(E)750 GAL L- 1:';• GREASE TRAP ' .-1 .(E)1200 CAL F1 NEW FENCE � CHAMBER ,1� 11�(E)WELL do LATE HEAD NEW FENCE aM•s; )> • � � 11 II Il II .. • 1 I I I 1 t ��.�� (E) 100' WELLHEAD _ r PROTECTION RADIUS (E}50"X75' - DRAIN TAX ID 420181400030 m4� .:,"t %� t� 'i4�'" R, � ,z:, "'TY +�s,.•;s 7431 W. SHELTON MATLOCK RD SHELTM WA 0,98 �. a ��TONE RC-1 .. •s;. � " .s �'"�`��;• �#� `t1i NOTES a k 1. PARKING: 0' 20'� 40' ^1. 120.3 �.4A gt 9 STANDARD STALLS, 1 ACCESSIBLE STALLS, 1 EV STALL, TOTAL 10 STALLS. 1'-40' . ccslcN 8TK f CN61N[WIN6 LUND MACHINE r'2 PTK PRELIMINARY SITE PLAN a"E a'e2' "OXTS lIX17 7431 WEST SHELTON MATLOCK ROAD, SHELTON WA SP 01 CODFILE:P21-78BXT8 1 I XI7 i� •�a .v ti Z r 11 - i B NOT FOR CONSTRUCTION FLOOR PLAN d # WftLNG tw, I c t LUNU MACHIN! L+" i t aai w 9-coul ueL0LX RD.S4UTON 04 a9"' Lund Rezone Request (42018-14-00030) Current Zoning: Rural Commercial 1 (RC1 ) Proposed Zoning: Rural Industrial (RI) I 6/3/2021, 3:53:20 PM 1:6,142 0 0.05 1�0.11 0.2 mi 0 0.07 0.15 0.3 km Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN,and the GIS User Community, Esri, HERE, Mason County WA GIS Web Map Application Richard Diaz i Earthstar Geographics i Esri,HERE,Garmin Future Land Use Map (Dayton Hamlet in Blue) I Y 1 J 1) I JJ Jf r ---LT f I { June 3, 2021 1:6,141 Future Land Use 0 0.05 0.1 0.2 mi County Boundary Long Term Commercial Forest Inholding Lands ❑ No Filled Olympic National Forest Indian Owned Lands 0 0.07 0.15 0.3 km . Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, ❑ Tax Parcels(Zoom in to 1:30,000) Rural Area Olympic National Park USDA, USGS,AeroGRID, IGN,and the GIS User Community, Esri, HERE, Mason County WA GIS Planning Map Application Maxar I Esri.HERE.Garmin.iPC I MASON COUNTY ko Planning Division of Community Development Planning DEPARTMENT 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 9 4 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2021-00033 Description of Proposal: REZONE OF RURAL COMMERCIAL (RC1) PARCEL TO RURAL INDUSTRIAL (RI). PROJECT PROPOSAL WILL UTILIZE THE FOOTPRINT OF THE EXISTING RESTAURANT/BAR. Proponent: LUND MACHINE RENTAL LLC Location of Proposal: 7431 W SHELTON MATLOCK RD Parcel Number: 420181400030 Legal Description: W 1/2 W 1/2 SE NE EX R/W 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 43.21C.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 Marissa Watson at 360-427-9670 x367 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 05/24/2021. 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. c�&7 Authorized Local Government Official Date Printed by:Matissa Watson on:05/10/2021 04:28 PM Page I of I SEPA ENVIRONMENTAL CHECKLIST ,/„N,,,Jc,llm).PedwlilCenfel•V%e: S1:p 202 I aoc�rn3 �� ❑ Smgk-ki nily DNS: %00 of) Parcel #' Other DNS: 0 to 9.99 acres: S7 i0 Dole IRcvll: I fl l0 2(1 awes: S980 Over 20 acres: S 1100 ❑ US/L'IS:S5(vo , SIM per hour 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) July 2016 Page 1 of 14 A. Background 1. Name of proposed project, if applicable: Lund Machine - Rezone Request 2. Name of applicant: Bruce Lund/Lund Custom Machining, Inc. 3. Address and phone number of applicant and contact person: Address: 110 W. Metzler Mill Road Phone: (360) 432-0310 Shelton, WA 98584 4. Date checklist prepared: April 23, 2021 5. Agency requesting checklist: Mason County Planning Department 6. Proposed timing or schedule (including phasing, if applicable): Construction of building to be initiated immediately following approval of rezone application and approval of building permit. 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. None known. 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. No. 10. List any government approvals or permits that will be needed for your proposal, if known. Rezone Application, Building, Plumbing & Mechanical permits, possibly an Ecology 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.) The proposal is for a change of zoning on a 9.77 acre parcel from Rural Commercial 1 to Rural Industrial. That approval would be followed by the construction of a 5,700 square foot building to house a machine shop on a site that was formerly used as a tavern and restaurant. Refer to attached site plan and floor plan. SEPA Environmental checklist(WAC 197-11-960) 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. 7431 West Shelton Matlock Road. See attached vicinity map. B. Environmental Elements 1. Earth a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? Less than 5%. 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. No agricultural soils are known to exist on site. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. 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. No filling activities are anticipated. On-site grading would consist of the removal of an existing building foundation and construction of a new building on the same location. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Proposed construction activity will take place on flat, previously disturbed ground, which will significantly limit the potential for erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Less than 5% of the site area would be covered with building (5,700 sq. ft.) and paving (approximately 11,300 sq.ft.) on the 9.77 acre site. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Compliance with Mason County grading permit requirements. 2. Air SEPA Environmental checklist(WAC 197.11-960) July 2016 Page 3 of 14 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. Emissions typically associated with construction equipment(graders, concrete trucks, etc.) would occur during the construction of the project. During the operation of the machine shop, emissions would be limited to the daily automobile traffic generated by the estimated 8 emploiyees and daily service vehicle pickup and deliveries. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known. c. Proposed measures to reduce or control emissions or other impacts to air, if any: No mitigation measures proposed. 3. Water a. Surface Water: 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. Mason County Hydrology maps show a small unnamed stream that flows through the site into a wetland area, which enters into the North Fork of Goldborough Creek, approximately 700 feet south of the southern boundary of the site. (Refer to the attached hydrology map.) 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. No. All work will occur along the northern boundary of the site, adjacent to W. Shelton Matlock Road on the portion of the site that formerly held the Loggers Bar and Grill. 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. No fill or dredge material is proposed. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No surface water diversions or withdrawals are proposed. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The southern portion of the site does lie within the 100-year floodplain (refer to the attached flood plain map). However, the portion of the site that is proposed for development lies along the northern boundary of the site and is outside of floodplain boundaries. SEPA Environmental checklist(WAC 197-11-960) July 2016 Page 4 of 14 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. 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. An existing well is located southeast of the proposed building site (refer to the attached site plan.) and would be used to provide domestic water to the proposed machine shop. 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. The proposed building would be served by an existing septic tank and drainfield that is located south of the proposed building site (refer to the attached site plan). The system was sized to accommodate the restaurant that was formerly on the site and is can easily accommodate the needs of the 8 employees that would be using the building. 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. Storm water collected from the building and pavement areas would be collected and retained on-site. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not likely. Machine shop work would be conducted entirely indoors. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No change to existing drainage patterns proposed. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: No mitigation measures are proposed. 4. Plants a. Check the types of vegetation found on the site: SEPA Environmental checklist(WAC 197-11.96D) July 2016 Page 5 of 14 _X_deciduous tree: alder, maple, aspen, other _X_evergreen tree: fir, cedar, pine, other shrubs _X_grass pasture crop or grain Orchards, vineyards or other permanent crops. _X_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? Existing vegetation will largely be maintained. c. List threatened and endangered species known to be on or near the site. None known to exist onsite. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No landscaping proposed other than the retention of existing vegetation throughout the majority of the site. e. List all noxious weeds and invasive species known to be on or near the site. None known. 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: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site. None known to exist onsite. c. Is the site part of a migration route? If so, explain. Mason County is part of the Pacific Flyway. d. Proposed measures to preserve or enhance wildlife, if any: Retention of existing vegetation throughout the majority of the site. e. List any invasive animal species known to be on or near the site. None known to exist onsite. SEPA Environmental checklist(WAC 197-11-960) July 2016 Page 6 of 14 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. The machine shop would use electrical energy to power the machines and for heat. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. The height of the building and its setback from property boundaries would not impact potential solar energy use on adjoining properties. 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: The building would comply with local energy code requirements. 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. 1) Describe any known or possible contamination at the site from present or past uses. No sources of contamination are known to exist onsite. 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 known. 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. No toxic or hazardous chemicals would be used in the operation of the business. 4) Describe special emergency services that might be required. The proposed machine shop does not produce or use toxic chemicals or wastes. Materials used in the shop are not flammable. Therefore, no special emergency services are required. 5) Proposed measures to reduce or control environmental health hazards, if any: A fire alarm would be installed within the building. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Noise from traffic on the adjacent Sheldon Matlock Road SEPA Environmental checklist(WAC 197-11.960) July 2016 Page 7 of 14 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. Noises typically associated with construction equipment and activity would be evident during construction of the project. Once in operation, noise impacts would be limited to the noise of traffic generated by employees arriving and leaving work and by delivery vehicles. The noise of the machines used in the fabrication process would be located within the building and would not produce discernible noise impacts on adjacent properties. 3) Proposed measures to reduce or control noise impacts, if any: Operation of the machine shop would generally be limited to the hours between 7:00 a.m. and 5:00 p.m. 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. The site was formerly used as a tavern and later as a restaurant, which was closed in 2014. The building has since been removed. Adjacent properties include some commercial uses, residential homes on large parcels and undeveloped properties. 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? The site was not used as agricultural land in the past. There is existing timber on much of the property. No timber removal is anticipated by this project. Only the portions of the site that were previously developed with the restaurant will be used for the machine shop, so no conversion of resource lands is proposed. 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: No. The operation of the machine shop would not either impact forest land operations or be impacted by them. c. Describe any structures on the site. The only existing improvements on site are a well and septic system. d. Will any structures be demolished? If so, what? No. the former restaurant building was previously removed. e. What is the current zoning classification of the site? Rural Commercial 1 f. What is the current comprehensive plan designation of the site? Rural SEPA Environmental checklist(WAC 197-11-960) 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. The southern portions of the site which contain wetland areas and a stream are also identified as being located within the 100 year floodplain. i. Approximately how many people would reside or work in the completed project? At full operation, it is estimated that the project will employ 6 full-time and 2 part-time workers. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None are required. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project would limit development of the site to areas that were previously developed, leaving the bulk of the property in its natural state, thereby minimizing land use impacts. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: None are required. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None are required. 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? The building is a single story structure, less than 30 feet in height with metal exterior building materials. SEPA Environmental checklist(WAC 197-11-960) July 2016 Page 9 of 14 b. What views in the immediate vicinity would be altered or obstructed? None. The proposed building will occupy the same or nearly the same footprint as the former restaurant building. b. Proposed measures to reduce or control aesthetic impacts, if any: None are required. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? There will be some limited outdoor lighting of the building. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not likely. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Outdoor lighting will be located and directed to light building and parking areas so that adjacent properties will not be impacted. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? There are no formal recreational opportunities in the immediate vicinity. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None are required. 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 ? 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. No historical or cultural features are known to exist onsite. SEPA Environmental checklist(WAC 197-11-960) July 2016 Page 10 of 14 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. Review of Mason County GIS mapping. 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. Disturbance of the site will be limited to areas that were previously disturbed/developed with the previous restaurant building. 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. The site is served by the W. Shelton Matlock Road. 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? The proposal would add a total of 10 off-street parking stalls. 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. 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? With an estimated 8 employees and daily delivery vehicles accessing the site, vehicular trips would be under 25 daily trips. 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 are required. SEPA Environmental checklist(WAC 197-11-960) July 2016 Page 11 of 14 15. Public Services 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. The proposed machine shop will require fire protection and police protection but no more than the former restaurant use. There would be no impact to schools. b. Proposed measures to reduce or control direct impacts on public services, if any. None are proposed. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other well 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 be needed. The proposal would be served by an existing well for domestic water, an existing septic system and would receive power from Mason County Public Utility District#3 C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying r�them to make its d cision. Signature: /� 9 Name of signee_&t c e_ LV'1 C1 Position and Agency/Organization torlo;cted IL;Ad Date Submitted: 27 2 D. Supplemental sheet for nonproject actions (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) 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? In comparison to the restaurant that formerly occupied the site, the proposed machine shop would generally result in a reduction in the amount of air emissions (generated by auto traffic); would be similar to a restaurant in the amount of noise produced and would not be expected to release or store toxic or hazardous substances. Proposed measures to avoid or reduce such increases are: All machine shop work and equipment will be completely within an enclosed building. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? As the development of the site would take place on ground that has been previously developed/disturbed, the proposal would not have additional impacts on plants, animals or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are. Existing areas of natural vegetation will be left undisturbed. 3. How would the proposal be likely to deplete energy or natural resources? Impacts would be minimal as no new land would be cleared. Proposed measures to protect or conserve energy and natural resources are: The proposed building will be built to meet current energy code standards. 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? Environmentally sensitive areas on and near the site will be left undisturbed. Proposed measures to protect such resources or to avoid or reduce impacts are: Critical areas buffers will be maintained from all critical areas as required under Mason County codes. 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? The proposal would simply trade one rural commercial land use (restaurant) for a different rural commercial land use (machine shop). The proposal is compatible with County land use plans and with existing adjacent land uses. Proposed measures to avoid or reduce shoreline and land use impacts are: The site is not within shoreline jurisdiction and will follow development regulations associated with the County's Rural Industrial land use regulations. SEPA Environmental checklist(WAG 197-11.960) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal would have a neglible effect. Traffic generated by the machine shop is estimated to be less than 25 average daily trips, considerably less than the restaurant that formerly occupied the site. Proposed measures to reduce or respond to such demand(s) are: None are needed. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts are known to exist with local, state or federal law. SEPA Environmental checklist(WAC 197-11.960) July 2016 Page 14 of 14 ST AT F�i F Y O ryi inns,t STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360) 407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 May 24, 2021 Marissa Watson, Planner I Mason County Department of Community Services Planning Division PO Box 279 Shelton, WA 98584 Dear Marissa Watson: Thank you for the opportunity to comment on the determination of nonsignificance for the Lund Machine Rezone Request Project(SEP2021-00033) located at 7431 West Shelton Matlock Road as proposed by Lund Machine Rental LLC. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): SOLID WASTE MANAGEMENT: Derek Rockett(360) 407-6287 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department for proper management of these materials. WATER QUALITY/WATERSHED RESOURCES UNIT: Morgan Maupin (360)407-7320 Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. Marissa Watson May 24, 2021 Page 2 a) This includes forest practices(including, but not limited to,class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including, but not limited to:temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s))will be required to be submitted. For additional information on contaminated construction sites, please contact Carol Serdar at Carol.Serdar@ecy.wa.gov,or by phone at (360) 742-9751. Additionally, sites that discharge to segments of waterbodies listed as impaired by the State of Washington under Section 303(d)of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorous, or to waterbodies covered by a TMDL may need to meet additional sampling and record keeping requirements. See condition S8 of the Construction Stormwater General Permit for a description of these requirements. To see if your site discharges to a TMDL or 303(d)-listed waterbody, use Ecology's Water Quality Atlas at: https:Hfortress.wa. og v/ecy/watergualityatlas/StartPa eg aspx. The applicant may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.izoy/programs/wq/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such, they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (GMP:202102406) cc: Derek Rockett, SWM Morgan Maupin, WQ Z COMMISSIONERS O Me@ THOMAS J. FARMER N LINDA R. GOTT BRUCE E.JORGENSON �._ PUBLIC UTILITY DISTRICT MANAGER ANNETTE CREEKPAUM May 18, 2021 Mason County Department of Community Services Attn: Marissa Watson 615 W.Alder Street Shelton,WA 98584 mwatson@co.mason.wa.us RE: Mason County Public Utility District 3—SEPA comments regarding SEP2021-00033;Applicant: Lund Machine Rental LLC/Bruce Lund/Lund Custom Machining, Inc; non-project rezone(approx. 9.77 acres from RC1 to RI;42018-14-00030; 7431 W. Shelton Matlock Road) Dear Ms. Watson: Thank you for the opportunity to comment on the Determination of Nonsignificance issued by Mason County Department of Community Services—Planning Division, regarding the above-referenced project. Mason County PUD 3 ("PUD") has reviewed the information provided and has the following comment(s): Although the information provided through the current SEPA process does not include specific details regarding this project's potential need for power, it appears that if the subject rezone application is approved,future development will include construction of a 5,700 square foot building to house a machine shop(on site formerly utilized as tavern and restaurant, in essentially the same footprint as the prior commercial structure). It is estimated that at full operation levels,the site will employ 6 full-time and 2 part-time workers. The SEPA Checklist indicates that power would be supplied by Mason PUD 3. Mason PUD 3 hereby provides notice that any new electrical load is subject to the PUD's capacity and ability to serve the load. All applicants seeking to connect to the PUD's electrical system must comply with all PUD service rules and regulations, including but not limited to the PUD's line extension policy and system capacity fee. Applicants are encouraged to connect with the PUD to obtain information such as the line extension policy and the service rules and regulations. Additionally, PUD 3 has fiber optic facilities available at this location to provide access to a symmetrical gigabit broadband network through local retail service providers. P.O. Box 2148•Shelton,WA 98584•(Bus)360-426-8255•(Fax) 360-426-8547 www.pud3.org PUD's comments contained in this correspondence may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments, please contact Justin Holzgrove, Director of Engineering& Utility Services, at(360)426-8255 or iustinh@masonpud3.org. Sincerely, —r�40Wn" A lithe Geekp-11 i"day IS,2321 09'00 PDT, Annette Creekpaum, Manager Mason County Public Utility District 3 P.O. Box 2148•Shelton, WA 98584•(Bus)360-426-8255•(Fax) 360-426-8547 www.pud3.org MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing via Zoom on Monday, June 21, 2021 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): • Rezone approximately 9.77 acres from Rural Commercial 1 (RC1) to Rural Industrial (RI). Parcel 42018-14-00030. Address 7431 W. Shelton Matlock Road; Shelton, Wa 98584. If the rezone is approved the applicant, Bruce Lund/Lund Custom Machining, Inc., will be proposing to build a machine shop in the same approximate footprint as the former restaurant. No additional land disturbance on the parcel is proposed. Any person desiring to express their view or to be notified of the action taken on the application should attend virtually or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 mwatson@co.mason.wa.us (360) 427-9670 ext. 367 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php) for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazier(a)co.mason.wa.us or call (360)427-9670 Ext 365. STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE• PO Box 42525. Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov 05/10/2021 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2021-S-2653--60-day Notice of Intent to Adopt Amendment Dear Ms. Watson: 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 development regulations amendment for the rezone of a 9.77 acre parcel from Rural Commercial(RC1)to Rural Industrial(RI). We received your submittal on 05/10/2021 and processed it with the Submittal ID 2021-S-2653. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 07/09/2021. 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 420181100040 420181400020 420181400010 ARIC M IRWIN P U 130 - DAVID W & CAROL LUND HEIDI L& FORREST J BAILEY Csv n� wh 7380 W SHELTON MATLOCK�RDv�C.7,w�4,, PO BOX 687 7271 W SHELTON MATLOCK RD SHELTON WA 98584 SHELTON WA 98584 SHELTON WA 98584 /420184100000 420184200000 420181300080 v DAVID W & CAROL LUND CAPITOL LAND TRUST ERVIN LAPLANTE PO BOX 687 4405 7TH AVE SE STE 306 7515 W SHELTON MATLOCK RD SHELTON WA 98584 LACEY WA 98503-1055 SHELTON WA 98584 v 420181390020 420181390030 420181390000 ERVIN LAPLANTE ERVIN LAPLANTE 1 ADELINA COLIN-JIMENEZ 7515 W SHELTON MATLOCK RD 7515 W SHELTON MATLOCK RD 8530 STEILACOOM RD SE#6 SHELTON WA 98584 SHELTON WA 98584 LACEY WA 98513 420181390010 420181290040 42018290070 ARIC M IRWIN YONG KOO KIM FENG LEE &TIN TIN CHANG 7380 W SHELTON MATLOCK RD 7480 W SHELTON MATLOCK RD 2505 SW 98TH ST SHELTON WA 98584 SHELTON WA 98584 SEATTLE WA 98106 420181290070 420181290060 420181190031 YONG KOO KIM PATRICIA & KEITH D BAKER GEDORA M INVESTMENTS LLC 7480 W SHELTON MATLOCK RD 7452 W SHELTON MATLOCK RD 101 W SENTRY DRIVE SHELTON WA 98584 SHELTON WA 98584 SHELTON WA 98584 420181190032 GEDORA M INVESTMENTS LLC 101 W SENTRY DRIVE SHELTON WA 98584 JoSk,,h � Diu✓'CLIU vu�/1"4 t SGte,lfvnatl����� MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Hearin DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 3 2021 Agenda Item # (0.2 BRIEFING DATE: June 21, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Establish Speed Limit on Snider Road - Hearing EXECUTIVE SUMMARY: The portion of Snider Road that is county maintained was recently converted from a gravel road to a paved road. Before being paved it was classified as a primitive road, according to RCW 36.75.300 and signed as primitive, which do not require speed limit or warning signs to be posted. With the paving improvements on this road, an engineering and traffic investigation was completed and the County Engineer is recommending the Board establish a speed limit by setting a hearing to consider changing the speed limit to the following: Existing Recommended Road No. Road Name Speed Speed M.P. — M.P. Comment 19210 Snider Road N/P 25-mph 0.000 -0.720 Portion RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve and execute an Ordinance to post a 25-mph speed limit on Snider Road from M.P. 0.000 — M.P. 0.720. Attachment: 1. Engineering and Traffic Investigation 2. Ordinance MASON COUNTY DEPARTMENT of PUBLIC WORKS ye 100 W PUBLIC WORKS DRIVE 9` Q fi3O SHELTON, WASHINGTON 98584 MEMORANDUM DATE: June 16, 2021 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on Snider Road Snider Road was recently converted from a gravel road to a paved road. Before it was paved, it was classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new paved surface, Snider Road no longer qualifies as a primitive road by State law, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION Snider Road is classified as a low volume residential road. A review of Snider Road was done after it was paved and Public Works recommends the speed limit be set at 25 mph. The road will be evaluated for any additional warning signs that are needed. Attachment: 1. Map Paved portion of Snider Road j� L rn u: r� `-1 :SE C1l-11'II IL:I PUllll Rd rcadia {1 4 6/16/2021, 7:56:22 AM 1:6,146 0 0.05 0.1 0.2 mi 13 County Boundary . . ,T'���� 0 0.07 0.15 0.3 km LI Tax Parcels (Zoom in to 1-30,000) Sources:Esri,HERE,Garm in,Intermap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,MET],Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,USGS,EPA,NPS I Richard Diaz ORDINANCE NO. 2021- AN ORDIANCE ESTABLISHING SPEED LIMIT ON SNIDER ROAD IN MASON COUNTY,WASHINGTON WHEREAS, RCW 46.61.400 sets basic rule and maximum speed limits for city and town streets, county roads and state highways and may only be altered by the secretary of transportation as authorized in RCW 46.61.405,46.61.410 and 46.61.415; and, WHEREAS, RCW 46.61.415 (2) states Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under RCW 46.61.400(2) but shall not exceed fifty miles per hour on county roads. WHEREAS, the Department of Public Works conducted an engineering and traffic investigation on the county-maintained portion of Snider Road; and WHEREAS,existing conditions of the road warrants a speed limit change, as shown: Exist. Recommended Road No. Road Name SPEED SPEED M.P. -M.P. 19210 Snider Road N/P 25 0.000-0.720 (Portion) THEREFORE, IT IS HEREBY RESOLVED AND ORDERED,that the County Engineer erect the necessary speed limit signs in conformity herewith; and the speed limit is effective as shown on the above listed county road once erected. DATED this 31d of Au ust, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: RANDY NEATHERLIN, Chair McKenzie Smith, Clerk of the Board KEVIN SHUTTY,Vice chair APPROVED AS TO FORM: TIM WHITEHEAD, Ch. DPA SHARON TRASK, Commission cc: Public Works Sheriff Prosecutor