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HomeMy WebLinkAbout2021/07/12 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF July 12, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. 18.54 Mason County Support Services Department Budget Management cov . 411 North Sth Street Commissioner Administration r Emergency Management ' Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations hSSJ Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES July 12, 2021 • Specific Items for Review o News release solicit members for the VSP work group —Diane o Distribution of PUD Privilege Tax—Diane o News Release to solicit for at-large position on the Veterans Advisory Board - Diane o Updates to Personnel Policies— Dawn o Memorial Hall Project—Capital Budget Award —Kelly 0 2021 budget adjustment requests for August public hearing-Jennifer o Resolution for the formation of I.T. Steering Committee -Jennifer o Resolution to pay off lower half of Building 8—Jennifer o Offer from Skokomish Tribe to purchase property- Frank o ARPA prioritization of projects— Frank o Discussion - prospect of a lobbyist engagement—Frank • Commissioner Discussion J:\DLZ\Briefing Items\202 I\2021-07-12.docx NEWS RELEASE July 20, 2021 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: VSP Watershed Work Group Mason County is seeking applications for the Voluntary Stewardship Program (VSP) Watershed Work Group. Established under the Growth Management Act, VSP is a non- regulatory, voluntary approach to protecting critical areas where agricultural activities are occurring. This program is implemented through a Work Plan approved by the Washington State Conservation Commission. The Work Group, also created under this Act, is responsible for the Work Plan's implementation. With technical assistance from the Mason Conservation District, the Work Group monitors achievement of the Plan's goals for protection and enhancement of critical areas, institutes adaptive management when goals are not being met, participates in outreach that encourages agricultural operators to implement best management practices, and approves two year and five year reports submitted to the Conservation Commission. The Work Group has no term limits, and is open to all interested parties including tribes, conservation groups, agencies and stakeholders. The Group meets as often as needed, generally three to four times a year, with a regular meeting schedule to be set in the near future. Applications can be obtained from Mason County Community Services, 615 W. Alder Street, Shelton, WA 98584 or by visiting their website at www.co.mason.wa.us/community-services/planning/vsp.php. For additional information on Washington State's Voluntary Stewardship Program visit the Washington State Conservation Commission's website at www.scc.wa.gov, or contact Barbara Adkins at the Mason Conservation District, (360) 427-9436, Ext. 104 or by email at badkins@masoncd.or . BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner RESOLUTION NO. DISTRIBUTION OF PUD EXCISE TAX WHEREAS, the P.U.D. Excise Tax Monies which have accrued to the credit of Mason County have now been received in the total amount of$844,519.01. WHEREAS, under Chapter 278, Session Laws of 1957, provision has been made for the distribution of said funds (RCW 54.28.090); NOW, THEREFORE BE IT HEREBY RESOLVED by the Board of Mason County Commissioners that the following distribution of P.U.D. Excise Tax be made as follows: RECEIPTS P.U.D. NUMBER 1 $ 76,374.97 P.U.D. NUMBER 3 $768,144.04 DISTRIBUTION City of Shelton..........................$92,012 Computed as 3/4 of 1%of Gross Revenue from sales of electricity in the City of Shelton Current Expense Fund................. $752,507.01 BE IT FURTHER RESOLVED that the Treasurer of Mason County is hereby directed to make the distribution as herein set forth. DATED this 20th day of July, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner 4im White Chief Deputy Prosecuting Attorney C: Clerk of the Board Sharon Trask, Commissioner City Clerk Treasurer J:\re s of ute\2020\pudtax MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 07/12/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Approval to place on the July 20 Action Agenda an amendment to 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 place on the July 20 Action Agenda an amendment to 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(S): Resolution and Personnel Policy Briefmg Summary 7/7/2021 Personnel Policy Summary of Updates • Use of pronouns updated from he/him, she/her to they/them/their • Chapter 1.4— Remove SS Director and add County Administrator • Chapter 3.5—Remove SS Director and add Human Resources Administrator • Chapter 5.1—Add language for the use of MUNIS to track employee changes • Chapter 5.2— Remove SS Director and add Human Resources Administrator, date pay increases will occur, remove Personnel Review Committee language • Chapter 5.3—Add Longevity effective January 1, 2023 • Chapter 5.12—Add Personnel Action Policy (PAF) • Chapter 7—Add language that some leave types need to be entered and tracked in MUNIS • Chapter 7.1—Vacation accrual may be used as a negotiation tool for recruitment purposes. • Chapter 7.2.7—Include language for employees sent home for pandemic signs, symptoms, and quarantine orders of pandemic related illnesses • Chapter 7.2.20—Remove SS Director and add HR Administrator • Chapter 7.3—Added language leave does not need to be exhausted prior to LWP, if WA Paid Family Medical Leave is utilized • Chapter 7.6—Military leave is increased from 15 days to 21 days based on RCW 38.40.060 • Chapter 7.10—Add WA State Long Term Care Trust Act "WA Cares" language • Chapter 7.11—Add Juneteenth effective 2022, and additional language for use and pay • Chapter 17—Add Telework Policy • Rescind Resolution 2020-29 and Mason County Code Chapter 2.153—Mason County Telework Program, Policy, and Procedures 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 191h "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 July, 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 So coU�r� r 18_54 MASON COUNTY PERSONNEL POLICIES Revised November 3, 2020July XX, 2oz1- RESOLUTION No.-2e2e 862021-XX MASON COUNTY PERSONNEL POLICIES ADOPTION CHRONOLOGY Original Adoption--RESOLUTION No. 148-99, December 21, 1999 Revised Chapter 6-3--RESOLUTION No. 63-00, July 5, 2000 Add Chapter 5.8--RESOLUTION No. 7-01, January 23, 2001 Revised Chapter 5.6-RESOLUTION No. 93-01,August 28, 2001 Revised Chapter 4.6 and 7.11-RESOLUTION No. 37-14,July 8, 2014 Revised Chapter 5-3-RESOLUTION No. 71-15, December 22, 2015 Revised Chapter 8.3 - RESOLUTION No. 27-16, May 24, 2o16 Added Chapter 15.1-15.4 - RESOLUTION No. 56-16, September 20, 2o16 Revised Chapter 4.5 - RESOLUTION No. 7o-16, October 18, 2o16 Added Chapter 16.1-16.7 - RESOLUTION No. 102-16, December 20, 2o16 Revised Chapter 13 - RESOLUTION No. 19-17, April 11, 2017 Revised Chapter 7 &13 - RESOLUTION No. 04-18, February 6, 2o18 Added Chapter 2.3 - RESOLUTION No. 22-18, April 3, 2o18 Revised Chapter 14.5 &Added Chapter 14.6 - RESOLUTION No. 68-19,July 23, 2019 Revised Chapter 4.2, 4.3, 5.5, 5.10, 7.9, and 13 - RESOLUTION No. 89-19, September 3, 2019 Revised Chapter 16.7 - RESOLUTION No. 96-19, October 8, 2019 Revised Chapter 7.9 and 8.5 - RESOLUTION No. 2020-01,January 7, 2020 Revised Chapter 13 - RESOLUTION No. 2020-24 March 3, 2020 Revised Chapter 4.5- RESOLUTION No. 2020-28, March 17, 2020 Revised Chapter 4.3 and 7.10 - RESOLUTION No. 202o-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 Mason County Personnel Policies Page iii 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 14 _ 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.................................................................................................... � 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........................................................,............................................................................... 4 4.2 HOURS OFWORK AND_OVERT]ME....................................................................................... 9 4.3 COMPENSATORY TIME...........................................................................................................10 4.4 ATTENDANCE...........................................................................................................................11 4.5 UNUSUAL WEATHER CONDITIONS/EXTREME CIRCUMSTANCES........................................11 4.6 BREAKSANDMEALTIME.......................................................................................................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. RECLASSIFICATION........................................ ....................................................................:...19 5.5 PAYDAYS................................... ...................................... ..........................................19 5.6 SALARY FOR EXEMPT EMPLOYEES.......................................................................................20 Mason County Personnel Policies Page iv 5..7 DEDUCTIONS ...........................................................................................................................20 5.8 __-- TRAVEL EXPENSE REIMBURSEMENT..................................... .................._.............. ........20 5.9 COMPENSATION UPON TERMIN_ATION................................................................................24 5.10 RECRUITING EXPENSES............................................................ ... ... . . 24 5.11 UNIFORM ALLOWANCE..........................................................................................................25 5.12 PERSONNELACTION POLICY..................................................................................................26 CHAPTER6 BENEFITS.............................................................................................................................28 6.1 RETIREMENT BENEFITS......................................... 28 6.2 WORKERS COMPENSATION ..................................................................................................28 6.13 HEALTH INSURANCE BENEFITS.............................................................................................29 6.4 CONTINUATION OF INSURANCE COVERAGE........................................................................22 6.5 UNEMPLOYMENT COMPENSATION.................................................................. ...................30 CHAPTER7 LEAVES.................................................................................................................................31 7.1 VACATION LEAVE....................................................................................................................31 7.2 SICK LEAVE............................................................................................................................_32 7-3 LEAVE WITHOUT PAY............................................................................................................�2 7.4 JURY AND WITNESS LEAVE....................................................................................................42 7o5-- ADMINISTRATIVE LEAVE............................ ...........................................................................42 7.6 MILITARY LEAVE.................................................._...........................................................4- 7.7 FAMILY LEAVE.........................................................................................................................43 7.8 BEREAVEMENT LEAVE............................................................................................................45 7-9 WASHINGTON PAID FAMILY&MEDICAL LEAVE..................................................................45 7 10 WASHINGTON STATE_LONGTERM CARE TRUST ACT"WA_�ARES"COMPLIANCE........... 7 7.11 HOLIDAYS.................................................. ....................................................... — .... ...48 7.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE.............,..........................................49 7.13 _ BENEFITS FOR PART—TIME AND EXTRA HELP EMPLOYEES................................................49 CHAPTER 8 EMPLOYEE RESPONSIBILITIES AND CONDUCT................................................................S1 8.1 GENERAL CODE OF CONDUCT ... ........ ..................................................................51 8.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST................ ...............................51 8.3 REPORTING_IMPROPER GOVERNMENTAL ACTION ............... .............................................52 8.4 POLITICAL ACTIVITIES....................—...........................................................................................54 8.5 NO SMOKING POLICY.............................................................................................................55 Mason County Personnel Policies Page v 8.6 PERSONAL POSS�_IONS AND ELECTRONIC-COMMUNI TIONS.......,._,..................... 56 8 USE OF COUNTY EQUIPMENT .................................................................._..........................57 8.8 BULLETIN BOARDS................................................................................................................57 8.9 CONTACT WITH THE NEWS MEDIA........................................................................................57 8.10 SOLICITATIONS......................................._..............................................................................57 8.11 ---- SAFETY................................................................................................................. .................58 8.12 SUBSTANCEABUSE.................__.............................................,...... ., .............._..........58 8.13 USING POSITION FOR PERSONAL GAIN................................................................................59 CHAPTER 9 LAYOFF AND RESIGNATION...............................................................................................60 9.1 LAYOFF.....................................................................................................................................60 9.2 RESIGNATION........................................................................................................................ 60 CHAPTER 10 COMPLAINT PROCEDURES...............................................................................................61 10.1 _...COMPLAINT PROCEDURES............................... ..... .. ... ..••., ..-. .... ................61 CHAPTER 11 EDUCATIONAL ASSISTANCE.............................................................................................62 11.1 INTRODUCTION......................................................................................................................62 11.2 OBJECTIVE. ..62 11.3 PROCEDURES:....................................... .................................................................................62 CHAPTER 12 NON-DISCRIMINATION&HARASSMENT POLICY...........................................................64 12.1 PURPOSE........................................................... .......................,._......................................... 64 12.2 NONDISCRIMINATION .......................................................................................................... 64 12.3 POLICY.................................................................................................................................... 1 - 12.4 EQUAL OPPORTUNITY FOR PERSONS WITH DISABILITIES................................................65 112.5 _ EMPLOYEE RESPONSIBILITIES......................................--.............................................,,,......66 12.6 SUPERVISOR/MANAGER RESPONSIBILITIES......................................................................66 12.7 COUNTY RESPONSIBILITIES..........,. ..................... ......................................................... 12.8 COMPLAINT PROCEDURE......................................................................................................67 12.9 INTERNAL DISCRIMINATION COMPLAINT FORM...............................................................69 CHAPTER 13 VEHICLE USE POLICY........................................................................................................70 13.1 VEHICLE USE ANCOPE.................................................................................. .70 13.2 VEHICLE USE POLKY DEFINITIONS....................................................................._..............70 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS..................................................................................................................72 Mason County Personnel Policies Page vi 13,4___--QUALIFIED NON-PERSONAL USE VEHICLES 05 Of-1 1 6 ................................................72 13.5 EMERGENCY RESPONSES........................................................................................................ 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 ..................................................... Z 13.11__--- DEPARTMENT._HEADS AND ELECTED_OFFICIALS RESPONSIBILITIES..............t ...............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 1 .16_-mil USE FO PERSONAL VEHICLE FOR COUNTY BUSINESS................_............................... ..... 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSIN ESS......................................................79 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.............................................,............................,...............8� 13.26 _ COUNTY VEHICLE RELATED PURCHASES....................................................... 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES ......83 13 28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE ......... ................................84 13.229 REPAIRS AND PREVENTATIVE MAINTENANCE ... .............................................................84 1-30- GENERAL MOTOR VEHICLE SAFETY.........................,..........................................................884 1 1 SAFETY,......................................................................... .....................................................85 CHAPTER 14 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY................................................86 14.1 ELECTRONIC INFORMATION POLICY................ ... ............................................................86 14.2 ELECTRONIC INFORMATION POLICY DEFINITIONS............................................................86 Mason County Personnel Policies Page vii 14.3- ROLES AND RESPOK51BILITIES-,.,........................................................................................86 14.4 E UIPMENT AND PROGRAMS................ ..............................................................._............87 14.5 E-MAIL AND VOICE MAIL(Electronic Communications) ..................................................87 14.6__ EMAIL MANAGEMENT...........................................................................................................88 14.7 INTERNET ACCESS_... .............. ...... ... ... ................................................................................q0 14.8 GENERALLY PROHIBITIED USES-OF INFORMATION RESOURCES.......................................911 1-4.9 MONITORING,AUDITING AND INSPECTION ........................................................................92 CHAPTER 15-SOCIAL MEDIA POLICY......................................................................................................93 -------SOCIAL MEDIA POLICY...........................................................................................................93 15.2 BLOGGING POLICY...................................................................................................................W 15.3 FACEBOOK STANDARDS POLICY. ................... ._. ...... - ...............100 15_4 TWITTER STANDARDS POLICY...............,..................................................................... oz CHAPTER 16 CELLULAR TELEPHONE POLICY.....................................................................................104 16.1 CELLULAR TELEPHONE POLICY DEFINITIONS....................................................................104 16.2- - COUNTY OWNED CELLULAR PHONES................................................................................104 *-.3- USE OF CELLULAR PHONES............................................................................................. 1o5 16.4 ---PERSONAL USE OF ELLULAR-PHONES.- ....................................................... ..............105 16.5 TERMINATION OF USE OF CO-LJNDr_O1WNED CELLULAR PHONES................... .... .......105 16.6_ _-RECORDS RETENTION OF CELL PHONE RECORD...............................................................105 16 7 SERVICE BILLING...................................................................... 1o6 CHAPTER 17 TELEWORK POLICY................................................................................................................107 17.1 PURPOSE...............................................................................................................................107 2 -- ELIGI.BILITY............. ..................................................... - .... ................................., 107 17.3 JOB RESPONSIBILITIES AND CONDITIONS............_............................................................107 117•4 -- TELEWORK S-ITE......................................................_......................_... . i 17.5 COMPUTERS,SOFTWARE,SUPPLIES,AND SUPPORT.......................................................108 17.6 WORKERS'S COMPENSATION .............................................................................................1o8 17.7 OVERTIME, LEAVE,AND COMPENSATION..........................................................................109 17.8 LIABILITY..................................................................................... -- . ..............1 9 17.9 INCLEMENT WEATHER........................................................................................ ........_......log 6CHAPTERDII SE YAAt... ..c.. . .............................................................................................................� 1.1 INTRODUCTION........................................................................................................................' Mason County Personnel Policies Page viii ;z INTENT OF POLICIES................................................................................................................. 1.3 SCOPE OF POLICIES.................................................................................................................. .4 CHANGING THESE POLICIES 15 DEFINITIONS.............................................................................................................................Z CHAPTER 2 GENERAL POLICIES AND PRACTICES .......................................................................................3 c��rci ��i� c vc <A EMPLOYEE PERSONNEL RECORDS ......................................................................................... CHA,PPTER R RECRUITING AND HIRING .......................................................................................................6 3.1 RECRUITING............................................................................................................................. 6 3.2 HIRING...................................................................................................................................... o 3.4 EMPLOYMENT OF RELATIVES (NEPOTISM)............................................................................ Q CHAPTER 4 HOURS AND ATTENPANGE ...............................................................-9 ,e ,^ 4-5 UNUSUAL WEATHER r'ONDITIONSIEYTPEME CIRCUMSTANCES _ u 4.7 CALLBACK ...................................................................^6 4.9 PAYROLL RECORDS CHAPTER5 C-9nn,.PPIS✓ATION ...................................................................................................................i7 rT—RECLTSSIFICATinnl � Mason County Personnel Policies Page ix CHAPTER6 B EN EF ITS................................................................................................................................7 r. 6. RETIREMENTvCi-NEFITC ..................................................i6 6.2 WORKERS COMPENSATION ...............................................26 6.3 HEALTH INSURANCE NNE BENEFITS 6.5 UNEMPLOYMENT COMPENSATION ............................................2Q CHAPTER; LEAVES ..............................................................2-P 75— ADMINISTRATIVE LEAVE.......................................................................................................4s 7.6 MILITARY LEAVE....................................................................................................................40 1 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE........................................................46 f 7.12 R€N€RTS FOR PART TIME AND EXTRA HELP EMPLOYEES................................................4-6 CHAPTER Q EMPLOYEE RESPONSIBILITIES AND CONDUCT......................................................................40 cl rrrr r orr o r=l�rr 8.1 GENERAL CODE 3F CONDUCT..............................................................................................48 oz OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST....................................................4R R. REPORTING NPROPER GOVERNMENTAL ACTION ............................................................49 8.4 POLITICAL ACTIVITIES........................................................................................................... 8.5 NO SMOKING POLaCY.............................................................................................................52 0.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS.....................................5J 8.8 BULLETIN BOARDS.................................................................................................................5 8.9 CONTACT WITH THE NEWS MEDIA...................................................................................... 5 RyeSOLICITATIONS..................................................................................................................... 8.11 SAFE ....................................................................................................................................55 Mason County Personnel Policies Page x GAT SUBSTANCE ABUSE................................................................................................................55 8.13 USING POSITION FOR PERSONAL GAIN............................................................................... 56 Cum T€R 9 LAYOPP ANC R€SICNATION ..................................................................................................57 9.1 LAYOFF.................................................................................................................................... 5 IF 57 9.2 RESIGNATION ......................................................................................................................... CHART€R I9 COMPLAINT RROGEDUR€S..................................................................................................SQ 1e.1 COMPLAINT PROCEDURES....................................................................................................5Q CHAPTER 11 EDUCATIONAL ASSISTANCE................................................................................................59 cP�rcr-� of11� a-PIT-RODUCTIOP ...................................................................................................................... 59 ii.2 .n BACT-IVE...............................................................................................................................59 CHAPTER 12 NON DISCRPAIN TION Q, HARASSMENT POLICY................................................................6i ,,2A—PURPOSE.................................................................................................................................6, 112.2 NONDISCRIMINATION ...............................................................6, 1 2.3 POWCY .................................................................6, 12-5 EMPLOYEE RESPONSIBILITIES .............................................63 T2.6 SUPERVISOR I MANAGER RESPONSIBILITIES 63 ,- F COUNTY RESPONSIBILITIES 63 12.8 COMPLAINT PROCEDURE ................................................... 61 1-2.9 INTERNAL DISCRIMINATION COMPLAINT C�A ...............................................................00 C€InrzPTER 13 VEHICLE USE POLICY...........................................................................................................67 13.1 VEHICLE USE AND SCOPE 6IF 13.2 VE�JlrrrrCLE USE POLICY DEFINITIONS .........................................67 T 3ASSIGNMENT OF COUNTY VEHICLES FOP TAKE HOME and OPER TIONA CONSIDERATIONS.................................................................................................................69 17.4 QUALiFIED NONrPERSONAL USE V �cc>_�(m-vi--P2/3i ..................... 13.7 ECONOMIC BENEFIT TO THE COUNTY...............................................................:................. ;1 13.8 TEMPORARY TAKE HOME VEHICLE ASSIGNMENT ---- —.,1 Mason County Personnel Policies Page xi 11.11 SHERIFF'S OFFICE RESPONSIBILITIES 1318 1 NO dEITA1 TRAVEL AND STOP 76 13 9 POLITICAL USE OF COUNTY VEHICLES ......................................76 13 29 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS...........................................................7r T�Zvv�t�r �-.-r-i--a-��-i ,7 17.21 DEDAA ITTEII ANTI PRO 1BITEII I ICES OF CO UMTV AND P ERSO NAL VEH IC1 EC FO R CO INTV BUSINESS .............................................................�6 13.22 VEHICLE USE AGREEMENT EQ ICCT FOP, DRIVING RECORD ................78 13-24 ACCIDENTS AND CITATIONS.................................................................................................. 79 13.26 COUNTY VEHICLE RELATED PURCHASES........................................ 13.?7 ER&R VEHICLES FUEL POLICIES AND FUELCREDIT CARD USES ................. 8e 13.29 REPAIRS AN!D P EVENTATIVE PAN NTENANCE.....................................................................811 13.3 e GENERAL MOTOR VEHICLE SAFETY......................................................................................81 13 31 SAFE/ 82 CHAPTER 14 ELECTRONIC INFORMATION ACCEPTABLE USE POLICY......................................................83 14.1 ELECTRONIC INFORMATION POLICY....................................................................................Q 14.2 ELECTRONIC INFORMATION POLICY EFInITT 'T�:S.............................................................8 14.3 ROLES AND RESPONSIBILITIES . ............................................Q 14.4" € UI-PPROGRAMS- ............................................ 81 14.5 E7AIL ND"VOICE—YAIL(EieCtrOnkCommunications) 81 146 EMAIL MANAGEMENT .................................................... Qr 14.7--I#T€R N ET ACCESS..................................................................................................................Q 1eT .8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES...................................... 88 Mason County Personnel Policies Page xii 14.9 MONITORING,AUDITING AND INSPECTION 89 ....................................................................... CHAPTER 15—SOCIAL MP-PA.POLICY.........................................................................................................� MEDIA on �� SOCIAL Mrom.,,-�-r��Nv..........................................................................................................9e CHAPTER 16 C€LLL1LA..�€L€�... . ....ICY ...........................................................................................i0i i6C€LLULATELEPHONE OLICY DEFINITIONS .................................lei i 6. COUNTY OWNED CELLULAR ES.................................................................................191 i6...3 USE OF-C€LLUL R PHO,NES..................................................................................................„, i6.4 PERSONAL USE F CELLULAR no oHnNrc .....................................19? i6.5 TERMINATION�1c USE OF COUNTY OWNED CELLULAR PHONES .................1e? 46.6 RECORDS RETENTION OF CELL PHONE R€r-,.-OR^ .................................482 Mason County Personnel Policies Page xiii CHAPTER 1 PURPOSE AND SCOPE 1.1 INTRODUCTION These personnel policies serve as a general guide to the County's current employment practices and procedures.As such, we hope they will help you understand how the County operates and what is expected of you as an employee. These policies also describe what the County provides you in terms of compensation and benefits. The County places a high value on our employees and their wellbeing. We want you to be a satisfied worker.We also want to provide the support necessary to achieve the objectives of your position, and to help you assist your department and the County to achieve their objectives. In this manner, your contribution to the County organization and the citizens of Mason County will be most productive. It is our belief that when consistent personnel policies are known and communicated to all, the opportunities for greater job satisfaction increase. We encourage you to read these policies. If you have questions, please contact your supervisor, Department Head or Elected Official. If you have ideas or suggestions, please do the same. 1.2 INTENT OF POLICIES These policies are intended as guidelines and do not constitute a contract, express or implied, or any type of promise or guarantee of specific treatment upon which any employee may rely, or as a guarantee of employment for any specific duration Although we hope that your employment relationship with us will be long term, we recognize that jobs do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights-are granted to you in civil service rules, a collective bargaining agreement, an employment contract, or elsewhere, all employees of the County are considered at-will employees and as such, may be terminated from County employment at any time with or without cause and with or without notice. Please understand that no supervisor, manager or other representative of the County other than the Board of County Commissioners, or the Elected Official in the case of hisiheFtheir 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 SuppeFt S es DiFeEt 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 heishethey works. An employee's personnel file contains the employee's name, title and/or position held, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, insurance enrollment forms, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in h4s/heFtheir personnel file. If the County denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee's personnel file will be released to the public, including the press, without a written request for specific information and notification to the employee. 2.2 EMPLOYMENT REFERENCES Only the Elected Official or Department Head is authorized to provide employment references on current or former County employees. Other employees shall refer requests for references to the appropriate Elected Official or Department Head. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. Standardized release forms are available at the Human Resources Department. 2.3 EMPLOYEE BADGE POLICY To establish guidelines for the issuance of a photo identification badge to all employees and for the use of said badge by employees while at work or when representing Mason County in any official capacity in an effort to provide a safe and secure workplace for all employees. 2.3.1 Policy Statement All employees will be issued and must wear and visibly display photo identification badges as provided by Mason County. Identification badges must be worn in a manner that allows the identification of an employee by photo, first and last names, department, position, and unique identifying number. Mason County Personnel Policies Page 3 2.3.2 Definitions Employee: For the purpose of this policy, staff member shall refer to elected officials, full- time, part-time, extra help and seasonal employees, including volunteers and interns. Employee ID Badge: The official County ID badge for all employees. The ID badges will identify employees' name, department, position and a unique identifying number. Official Capacity: Includes anytime while on County property as well as any business where the employee is representing the County.This also includes wearing the ID badge while operating any vehicle owned or leased by the County. 2.3.3 Requirements • Because the policy and procedures described herein are intended to provide for the safety and security of County employees, all employees are expected to fully comply with all provisions of this policy. • The Human Resources Department will provide all new staff members a copy of this policy at the time of new employee orientation. • All employees are required to wear the ID badge at County work areas during official capacity. 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 ID badge. The ID badge shall not be defaced or altered with pins, stickers, decals, etc. • Employees are responsible for safeguarding their own ID badge. Any lost or damaged ID badges should be reported immediately to the employee's supervisor, who is responsible for reporting the lost or damaged ID badge to the Division of Emergency Management. 2.3.4 Procedure • All employees of Mason County will be issued photo identification upon completion of the ID Badge Request Form (Attachment A). • All new employees will have their ID badges made by Mason County Division of Emergency Management(DEM) by appointment after completing all required new employee training(First-Aid/CPR, CORE Training, ICS 100 &700...). • Employees will be issued one ID badge. • New ID badges will be issued to current employees who receive a transfer, promotion, demotion, etc. to a different department or a name change. An ID Badge Request Form Mason County Personnel Policies Page 4 will need to be completed along with the required proof of ICS training if not previously done. • Supervisors shall report lost or damaged ID badges to Mason County Division of Emergency Management. Damaged ID badges shall be returned to DEM. A reprint of the original ID badge will be done and sent to the department supervisor. • Any lost ID badge that is found should be turned in to Mason County Division of Emergency Management, loo W. Public Works Dr., Shelton. • Upon termination of employment or retirement, an employee must turn in their ID badge to their supervisor.The supervisor is then required to send the ID badge to Mason County Division of Emergency Management. • An employee placed on paid/unpaid administrative leave or who is out for an extended period of time on Federal Medical Leave, must turn in their ID badge to their supervisor pending return to work. 2.3.5 Identification Holder Responsibilities • Do not lend your ID badge to anyone. • Do not leave ID badge on dash of vehicle or other locations where exposed to extreme temperatures or theft. • Do not fold, bend, or mutilate your ID badge. • Use your ID badge for official Mason County business only. • Do not leave your ID badge unattended. • Immediately notify your supervisor if your ID badge is lost or missing. RESOLUTION 22-18,4/08 ILMason County Personnel Policies Page 5 CHAPTER 3 RECRUITING AND HIRING 3.1 RECRUITING Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence without regard to race, color, religion, national origin, sex, marital status, pregnancy, disability, or age. Each applicant shall complete and sign an application form prior to being considered for any position. Resumes may supplement, but not replace the County's official application. Any applicant supplying false or misleading information may be disqualified from the hiring process, or terminated, if hired. 3.2 HIRING When a position becomes vacant and prior to any posting or advertisement of the vacancy, the Department Head shall review the position, its job description, and the need for such a position. The Department Head will submit a request to fill the position to the Board of County Commissioners. The position will be posted and/or advertised only after the Board of County Commissioners has approved the request. The County may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the County.The County may contract with any agency or individual to prepare and/or administer examinations.The County may also conduct certain background procedures as required by law. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees who have unsupervised access to children to complete a disclosure statement. Residency within the County shall not be a condition of initial appointment or continued employment; provided that an employee's selection of residence shall not interfere with the daily performance of 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 Support E^^Vices DiFeE ^ 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 8:0o a.m. to 5:00 p.m. with a one-hour unpaid lunch period. Due to the nature of the County's operations, longer hours may be necessary in some instances. A normal working schedule for regular, full-time employees consists of forty (40) hours each work week. Different work schedules may be established by the County to meet job requirements and provide necessary County services. Each employee's Elected Official or Department Head will advise the employee regarding his1heF-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). [RESOLUTION 89'i9 --9/3/19] 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 his1h2F 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 (4o) hours per week. Employee's transferring from non-exempt to exempt positions through either promotion or reclassification are encouraged to use their compensatory, banked holiday, and premium time before the effective date of transfer. Mason County Personnel Policies Page 10 When this is not possible, the transferring employee shall receive payment in full for the accrued compensatory, banked holiday, and/or premium time from the employee's former department. Such payout shall be paid by the appointing authority's budget, based on the rate of pay for the position from which the employee is transferring from, not the rate of the new position. Payout for compensatory time is not eligible for a payout payment plan. [RESOLUTION 89-i9-9/3/191 [PER RESOLUTION 202o-86, 11/3/zo] 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 ief 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 hisiheF their supervisor. If the supervisor is unavailable, the employee may leave a message with the Elected Official/Department Head or his1heF 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 Mason County Personnel Policies Page 11 leave is not available, to leave without pay. In no event shall the decision that some employees cannot work due to conditions at their work location, entitle other employees who worked, compensation beyond their regular pay. The decision to send employees home or tell them not to report to work shall be made by the Elected Official or Department Head responsible for the work location and is subject to the prior approval of the Board or a single Board member if only one Board member is available. If no Board member is available, the decision of the Elected Official or Department Head shall be final. Such decision shall include consideration of the expected duration of the condition, safety issues affecting employees or the public and alternative work locations. County Office Closure Procedure 1. When a major snow, ice or storm event is taking place or appears to be imminent, the road operations manager or their designee shall collect information from a variety of community sources to prepare a road condition report as early as possible, but no later than 4:45 a.m. if possible. 2. On or about 4:45 a.m. the designated road operations manager shall contact the Public Works Director or their designee to discuss the road and weather conditions and latest weather forecast. 3. On or about 5:oo a.m. the Public Works Director or designee calls the Commission Chair to advise them of road conditions throughout the county and latest weather forecast and makes recommendation regarding suspending standard operations. 4. The Chair shall decide that: a. Situation does not merit suspending standard operations: The County will observe normal business operations because road conditions in most areas of the County are not hazardous; all County operations will be conducted to facilitate justice and commerce. Staff may use leave as provided in the Personnel Policy 4.5 Unusual Weather Conditions/Extreme Circumstances; or b. Opening standard operations will be delayed until specified time later in the day(preferably io:oo a.m. or 12:30 p.m.) [or closed early if conditions merit] because extremely hazardous conditions currently exist and the safety risks of travel for employees and the public and the associated County liability outweigh the benefit of commencing designated standard operations at the normal time; or c. Extremely hazardous conditions exist and are likely to persist throughout the day and the safety risks of travel for employees, the public, and the associated County liability outweigh the benefit of conducting designated standard operations this day. Conduct of standard operations is suspended until a specified time the following day. Mason County Personnel Policies Page 12 5. The Chair will contact the Presiding Judges of Superior and District Courts to determine if it is necessary to make special accommodations for any of their operations during the suspension of standard operations. 6. By 6:oo a.m., the Chair calls Support Services staff to update the County closure information message number(360-427-967o ext. 678)with information regarding the duration of the suspension. Support Services will contact the media and the Emergency Management/Information Technology Manager or designee. 7. The Emergency Management/Information Technology Manager or designee shall update the County website with the closure information and broadcast an AlertSense message. 8. If closure occurs during regular work hours, Support Services staff updates the County closure information message number(x678), contacts each county office, sends out an "all county" email, sends notice to website and the media. Emergency Management shall broadcast an AlertSense message. RESOLUTION o6-13 - 2/12/13, updated RESOLUTION 7o-i6 -io/i8/i6 4.6 BREAKS AND MEAL TIME Employees will be allowed up to a one(1)hour unpaid lunch period as approved and scheduled by the employee's supervisor. Employees may take one(1)fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. The scheduling of meal periods may vary depending on department workload. Meal periods are unpaid and usually one hour in length. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. BREAK TIME FOR NURSING MOTHERS PROVISION: Purpose and Overview The intent of this policy is to support Mason County employees who are breastfeeding and to meet the requirements of Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)as amended by the Patient Protection and Affordable Care Act (effective March 23, zo o). This policy applies to all Mason County employees. Procedures This policy provides the following information: 1. A reasonable amount of time to express milk or breastfeed (lactation time) 2. Private and secure rooms to express milk or breastfeed (lactation room) 3. Employee responsibilities 4. Education and support Mason County Personnel Policies Page 13 5. Anti-discrimination, harassment or retaliation 6. Employee Notification i. Reasonable Amount of Time to Express Milk or Breastfeed (Lactation Time) Managers must provide an employee a reasonable amount of time to express milk or breastfeed their infants during the workday. The frequency of breaks and the duration may vary. In the early months of a baby's life, nursing employees will typically need two to three breaks during an eight-hour shift. Typically, the act of expressing breast milk alone will take 15-20 minutes. However, the actual length of break may vary depending on additional factors, such as the location of the private space and the amenities nearby(proximity to sink, milk storage area, etc.) Reasonable accommodations shall be made to provide breaks of adequate timing and length to support the ongoing production of breast milk. This may necessitate total break time in excess of that regularly scheduled on a temporary basis during the breastfeeding experience. Managers and employees will discuss requested accommodations and any schedule adjustments needed. Nursing mothers may request a flexible work schedule, subject to approval by management, to address their individual needs (e.g. allow employee the flexibility to come in early or stay late, or use a portion of their lunch period, to make up time). 2. Private and Secure Rooms to Express Milk or Breastfeed (Lactation Room) Federal guidelines provide that a bathroom may NOT serve as a lactation room. Lactation rooms shall be: • private (window coverings are required); • secure (lockable from the inside, if possible); • accommodating(comfortable seating, a table, and power outlets); • reasonably close to the employee's work area; • provided with a sign to designate the space is in use. Although not required, when possible, the lactation room should also: • Be near a sink with hot water and soap for hand washing and equipment cleaning. • Have a place where expressed breast milk can reasonably be stored. This does not mean refrigeration must be provided but employees must be allowed to bring insulated food containers and ensure there is a place to store a pump and containers while they are at work. Employees in outlying work locations that do not have a designated lactation room should arrange, with their managers, an intermittent or temporary location to be used as a lactation room. Designated lactation rooms may exist at some Mason County worksites; a list of rooms Mason County Personnel Policies Page 14 and scheduling information can be found at: http://www.co.mason.wa.us/forms/human- resources/lactation-rooms.pdf If no lactation room or other suitable space is available, contact Human Resources for additional assistance or questions at extension 268. 3. Employee Responsibilities Any necessary equipment(breast pump, storage containers, etc.) should be securely stored at the employee's workstation or at another storage area agreed upon by the employee and manager. Employees are responsible for keeping milk expression areas clean, using antimicrobial wipes. Breast milk may be stored in a labeled personal storage cooler or in a tightly closed container in a staff refrigerator. 4. Education and Support Employees have access to additional support and education for breastfeeding through the following resources. • Health insurance benefits may cover breastfeeding-related resources and services. Contact your specific health insurance provider to inquire about resources available. • Contact a Mason County Public Health Nurse at WO for additional resource information. 5.Anti-Discrimination, Harassment or Retaliation Mason County is committed to supporting its employees who are nursing mothers.As with any right conferred under the FLSA, nursing mothers who express milk or nurse their infants during the workday are protected from discrimination, harassment or retaliation for doing so. In addition, Mason County does not tolerate discrimination, harassment or retaliation. Such action is a violation of this policy and any employee engaging in such misconduct may be subject to discipline, up to and including termination. Any county employee who experiences or witnesses what may be discrimination, harassment or retaliation toward a nursing mother, is strongly encouraged to address it by asking the person to stop the behavior; and/or reporting the alleged incident to the immediate supervisor, any other member of management within the agency, or to Human Resources. 6. Employee Notification • Human Resources shall notify all employees of Mason County's Breastfeeding Accommodation Policy and Procedures upon adoption. • Employees will receive a copy of the Breastfeeding Accommodation Policy and Procedures during New Employee Orientation. Mason County Personnel Policies Page 15 • Human Resources or management shall provide a copy of the Breastfeeding Accommodation Policy and Procedures when they become aware of an employee preparing for an approaching childbirth or maternity leave. [PER RESOLUTION_37-14 -7/81141 4.7 CALLBACK Employees are subject to call back in emergencies or as needed by the County to provide necessary services to the public. Non-exempt employees called back to duty will be paid their appropriate rate of pay for hours worked (the overtime rate for hours worked over the applicable overtime threshold). 4.8 PAYROLL RECORDS The official payroll records are kept by the Auditor. Each Elected Official and Department Head shall submit monthly, a signed payroll worksheet for all employees within their department, noting hours worked, leave taken, overtime worked and compensatory time taken for each employee. Each Department Head shall submit monthly, a signed statement noting regular hours worked and leave taken to the Board of County Commissioners at the Department Head's first briefing on the following month. Mason County Personnel Policies Page 16 CHAPTER 5 COMPENSATION 5.1 SALARY CLASSIFICATION AND GRADES Each regular job title within the County is classified into one of the County's job classifications for salary purposes. Each job classification is designated a particular salary or salary range shown on the County's salary range alignment, which is modified periodically by the Board of County Commissioners, or as specified in the applicable union agreement. 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 Support S.,ryiE„s DiFeE ^~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 11t 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 Mason 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. [RESOLUTION 61- o6,_6/zo/o6] Upon the request of the Elected Official or Department Head and approval of the Supp r+ ServicesDire Human Resources Administrator, a promoted employee may be placed in a step higher than that specified above. If the Support Services Direct rHuman 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 o Fsennel R—i— CommitteeCounty Administrator.The oerc nnel Review C mmittee is a three (3) member panel consisting of-� Count r—mmicc ener, n Elected Official and a Department Head The panel onsisti l ' Board of County Commissioner-s appoints the members of the Personnel Review Committee. 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 5.43 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. [PER RESOLUTION 71-15-_12/22/151 5.54 PAYDAYS County employees are paid semi-monthly on the loth and 25th of each month and the payroll will be a direct deposit into the bank of the employee's choice. If a regularly scheduled payday falls on Saturday or Sunday, payroll will be a direct deposit on Friday. If a regularly scheduled payday falls on a holiday, payroll will be a direct deposit on the last regular work day prior to the holiday. [PER RESOLUTION 04-o8, 1/8/o8] Mason County Personnel Policies Page 19 5.65 SALARY FOR EXEMPT EMPLOYEES The County shall pay exempt employees on a salary basis. The appointing authority shall deduct leave or reduce pay for an exempt employee who is absent from work for the following types of absences: 1. FMLA leave; 2. Participation in political activity; 3. Outside employment, subject to approval; or 4. Other activities that would be in violation of the Conflict of Interest Policy if conducted during regular work hours; 5. A Partial-day of absence of four hours or more (half the employee's regular workday for an employee working less than a full FTE). [RESOLUTION 89'i9 —9/3/191 5.76 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; other deductions are specifically authorized by the employee. The County will withhold from the employee's paycheck those deductions required by law and any voluntary deductions authorized by the employee, by applicable union contract, or by statute. All deductions from pay are deducted from the last check of the month. If an employee is overpaid or required deductions were not withheld, the amount overpaid or not withheld will be deducted from future pay on a reasonable basis unless excused by the Board of County Commissioners. [PER RESOLUTION_150-07,11127112] 5.87 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. Mason County Personnel Policies Page 20 All travel and associated expenses must be approved in advance by the department head or elected official. Employees will be reimbursed for reasonable and customary expenses actually incurred in connection with doing business on behalf of the County. These may include meals, lodging, transportation and other necessary expenses while away from the office. These expenses may not include: alcoholic beverages; tobacco; tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employees participation; any expenses for a person(s)traveling with the employee; any expenses incurred that are not in connection with the business of the County All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel documents should be presented to the Auditor's Financial Services department in the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival, or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated by an outside entity for any travel costs while traveling on behalf of Mason County, the employee will deposit those funds with the Mason County 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 Mason County Personnel Policies Page 21 through conference registration, seminars or similar events. Reimbursement will not be made if the employee chooses not to eat the meal provided and eats elsewhere. Single Day Per Diem (meal reimbursement): Single day per diem occurs when no overnight stay is required. Single day meal reimbursements are considered taxable wages according to the IRS and will be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll timesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department.The meal will be added to their taxable gross wages and taxed accordingly. Per Diem (meal reimbursement)while in overnight travel status: If an overnight stay is required, per diem will be based on either OFM (in state)or GSA(out of state) rates for each day the employee is in full travel status. The per diem rate will be based on the location the employee is in for that meal. On days of departure and return, an employee will apply the Three Hour Rule (see rule below). Three Hour Rule for per diem (meal reimbursement): If an employee is in travel status for three hours beyond their regular work schedule for a single day, they may receive meal reimbursement. The three hours may consist of hours occurring before, after or a combination of both before and after the employee's regular work schedule for the day. The employee may not stop for a meal just to meet the three- hour rule. Special Circumstances: During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc., when employees are 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 Mason County Personnel Policies Page 22 than fifty(50) miles, using the most direct route, of the closer of either the traveler's official residence or official work station. Reimbursement will be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s)traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional person(s) and it will not be reimbursed. An itemized statement is required for all charges. If an employee shares an accommodation with another employee or an employee of another entity who is attending the same event, an equal share of the double room rate will be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to: laundry services; valet service; entertainment expenses; athletic room (gym) charges, internet charges (unless required by their supervisor). Transportation Any employee driving a vehicle (either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car from ER&R as much as possible. All county vehicles shall be used in accordance with Mason County ER&R use policy. If a personal vehicle is used, the mileage will be based on the current IRS standard POV rate. Mileage will be prohibited for normal travel between the usual place of business and employee's main place of residence. When traveling on behalf of the County, mileage will be paid from either the official workstation or the employee's main residence, whichever is the closer and most direct route of the two, to the travel destination. Mileage shall not exceed what the sum of a round trip coach airfare from a common carrier; any needed local ground transportation and other related costs for that destination. Airfare (coach rate), car rentals, trains,ferry, tolls, shuttle/taxi, etc. will be reimbursed with a receipt and paid at actual costs. Personal travel insurance will not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles will not be reimbursed. [PER RESOLUTION_82-12,11/27112] Mason County Personnel Policies Page 23 5.98 COMPENSATION UPON TERMINATION When an employee's employment with the County is terminated, the employee will receive the following compensation on the next regularly scheduled payday: 1. Regular wages for all hours worked up to the time of termination, which have not already been paid. 2. Any overtime or holiday pay due. 3. A lump sum payment for accrued but unused vacation provided the employee has completed six (6) months of employment, compensatory time and,for eligible employees, accrued but unused sick leave. 4. A lump sum payment for accrued but unused sick leave for eligible employees hired prior to April 13, 2010 (see Chapter 7.2 for eligibility requirements) [PER RESOLUTION 23-10,4/13/10] Terminating employees entitled to payment for accrued leave time, and in the case of employees of the Sheriff's Department, banked holiday time, may request payment for such time in scheduled payments rather than a lump sum. To be eligible for scheduled payments the amount due must be $1o,000 or more, the scheduled payments must be $500 or more per month and the employee must agree to conditions established by the county. [PER RESOLUTION 95-04,10/26/041 5.1o9 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 Mason County Personnel Policies Page 24 moving expenses if they voluntarily terminate their employment within one year of their hire date. 5.110 UNIFORM ALLOWANCE Compensation for required employee work apparel shall be based on RCW 49•12•450, which obligates the employer to furnish or compensate an employee for apparel required during work hours, if it is a uniform. Non-Represented employees requesting reimbursement, upon presentation of receipt, under this policy, shall be reimbursed for the purchase of a uniform meeting the following conditions: 1. Notwithstanding the provisions of chapter 49.46 RCW or other provisions of this chapter, the obligation of the employer to furnish or compensate an employee for apparel required during work hours shall be determined only under this section. 2. Employers are not required to furnish or compensate employees for apparel that the employer requires an employee to wear during working hours unless the required apparel is a uniform. 3. As used in this section, "uniform" means: a. Apparel of a distinctive style and quality that, when worn outside of the workplace, clearly identifies the person as an employee of Mason County; b. Apparel that is specially marked with the employer's logo; 4. Except as provided in subsection (5) of this section, if the employer requires an employee to wear apparel of a common color that conforms to a general dress code or style, the employer is not required to furnish or compensate an employee for that apparel. For the purposes of this subsection, "common color" is limited to the following colors or light or dark variations of such colors:White, tan, gray, blue, or black for tops; and tan, black, blue, or gray, for bottoms.The employer is permitted to require an employee to obtain two sets of wearing apparel to accommodate for the seasonal changes in weather, which necessitate a change in wearing apparel. 5. If the employer changes the color or colors of apparel required to be worn by any Of his OF heF 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. Mason County Personnel Policies Page 25 6. For the purposes of this section, personal protective equipment required for employee protection under chapter 49.17 RCW is not deemed to be employee wearing apparel. RESOLUTION 89-19-_9/3/191 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 stateretirement 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 processing paayment to employees.All County departments arerequked to enter PAF's into MUNIS for the following(but not limited topurposes: 1. -Hire-(This category only is typically entered by HR., once a New Hire Selection Far is su m.ittea 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(FMLA Leave With or Without a" c. Leave Without Pair(LWOP) d. Military Leave , y)Leave With or Without pa e Continued FM LA 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/MILL&ILAuthorized With or Without Pay), etc. 3. Master: a._ Address, E-Mail, Phone, or Emergency Contact Change or Update Mason County Personnel Policies Page 26 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 Employee b.Re-Activate for Collaetiv_e.Bargaining_A re m ne t Pavouts On inactive Employees, etc. 5. __Salary: a. BARs and/or Account Code Changes b. Additional Positions/Job Classed c. Change in Employe Status Full Time_to_PrtTime Extra Heln_or vice versa) d. Employee Payroll Allocation e. Promotions/Demotions f. Addition andlor Removal of Pays(Special Pay/Assignment Pay/-Lead Pay/Out of Class Pay) g. Position andlo r- epartmental Transfer h. Reclassifications(Temporary&Permanent) i. Salary Increases/Decreases i. L&I Code Changes k. Probationary Period Ended or Extended I. Longevity Increases(Hourly Longevity for Public Works&Juv 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/Fxtr - elp&Seasonal Term b. Deceased_Employee's c. Inactive (Return to Inactive, Military Out on Lon Term Military_Leave, Ex[P-TLETISeasonal changed to Inactive),etc. Mason 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, '„e;she isthey 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, heishethey may request use of vacation leave. Coordination of Benefits: When the employee receives Workers' Compensation benefits, he/she isthey 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 Mason County Personnel Policies Page 28 employee will receive 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 helshethey 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 hefshethey will be capable of performing the essential duties of the position with or without reasonable accommodation. 6.3 HEALTH INSURANCE BENEFITS Regular full-time employees and regular part-time employees working at least eighty(8o) hours per month and their dependents are eligible to participate in the County's various insurance programs on the first day of the month following employment, except that if the first day of employment is the first of the month their eligibility shall commence immediately. The programs and criteria for eligibility will be explained upon hire. The County contributes toward the cost of premiums in the amounts authorized by the Board of County Commissioners.The remainder of the premiums, if any, shall be paid by the employee through payroll deduction.The County reserves the right to make changes in the carriers and provisions of these programs at its discretion, with prior notice to affected employees. Employees electing not to take coverage for those insurance programs that the County contributes toward the cost of premiums may be required to sign a waiver of coverage. Extra help employees will normally not be eligible for insurance coverage. 6.4 CONTINUATION OF INSURANCE COVERAGE Workers Compensation Leave: An employee receiving Workers Compensation benefits who has exhausted their sick and vacation leave continues to accrue vacation leave and sick leave for up to six (6) months.The County also continues to pay for the employer's portion of health insurance premiums, provided that the employee continues to pay their share of premiums, if any. After six (6) months, the employee's benefits shall cease unless the Board of County Commissioners makes an exception based on the criteria stated in Section 1.4 of these policies. The employee may continue health care benefits by self-paying insurance premiums for the remainder of the time he/sbethey receives Workers Compensation benefits. COBRA Rights: When certain qualifying events occur, including an employee's termination from County employment, beginning an unpaid leave of absence, or a reduction in hours worked, at the employee's option and expense, the employee may be eligible to continue Mason County Personnel Policies Page 29 County health insurance benefits to the extent provided under the federal COBRA statutes and regulations. Covered dependents may also be eligible, at their option and expense, to continue County health insurance coverage. To the extent allowed by law, an administrative handling fee over and above the cost of the insurance premium may be charged the employee or hHsjh2F 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 io-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 (8o) hours in a month to accrue vacation for the month Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (8o) hours as their regular hours are to full-time employment to accrue vacation for that the month. [PER RESOLUTION 95-04,10/26/041 The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. 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 90 days after their hire date. • Per RCW, 3.34•loo district judges shall be granted sick leave in the same manner as other county employees. 7.2.2 Exempt from Eligibility(RCW 49.46.olo) • Elected Officials • Any individual engaged in volunteer work for the county, where the employer- employee relationship does not in fact exist or where the services are rendered gratuitously. If the individual receives a reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary services rendered, an employer-employee relationship is deemed not to exist for the purpose of this policy(Boards, Commissions, BOE, etc.). • Individuals whose duties require that they he OF she reside or sleep at the place of his OF heFtheir employment or who otherwise spends a substantial portion of hiS E)F he 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. 7.2.3 Leave Accrual Mason County Personnel Policies Page 32 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 followin schedule: WPSL SICK LEAVE-INITIATIVE 1433(EFF 1/1/18) IVICSL-EXISTING LEAVE POLICY 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 H 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 150 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;and k)I)If an employee is sent home for signs and symptoms, and quarantine orders of pandemic related_illnesses;and 9m) If the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of paid sick leave for domestic violence, sexual assault or stalking includes: • Seeking legal or law enforcement assistance or remedies to ensure the health and safety of the employee and their family members including but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; • Seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual, assault, or stalking; • Attending health care treatment for a victim who is a member of the employee's family. • Obtaining, or assisting a family member in obtaining, services from: a domestic violence shelter; a rape crisis center; or a social services program for relief from domestic violence, sexual assault or stalking; • To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault of stalking in which the employee or a family member of the employee was a victim of domestic violence, sexual assault or stalking; and • Participating,for the employee or for a family member, in: safety planning; or temporary or permanent relocation; or other actions to increase the safety from future incidents of domestic violence, sexual assault or stalking. • For the purpose of leave allowed for victims of domestic violence, sexual assault, or stalking, Chapter 296-135-010 WAC defines "family" members as: o any child, biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of 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 49.12.265 (6) and 1.12.o8o o Parent means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child; o Parent-in-law means a parent of the spouse or of a partner in a state registered domestic partnership of an employee; and o Grandparent means a parent of a parent of an employee. 7.2.8 Increments of Use for Paid Sick Leave Employees may use paid sick leave in io-minute increments. 7.2.9 Rate of Pay When Using Sick Leave Paid sick leave hours will be compensated at the base salary rate, excluding any overtime, premiums, or other add to pays. Calculation of overtime shall be based on FLSA rules; therefore, use of paid sick leave shall not count towards the overtime calculation. 7.2.10 Reasonable Notice for Use of Sick Leave Employees must provide reasonable advanced notice of an absence from work for the use of paid sick leave to care for yourself or a family member. Reasonable notice shall be provided to the employee's Elected Official, Department Head, or immediate supervisor. Any information provided will be kept confidential. If an employee's absence is foreseeable, the employee must provide notice at least io working days, or as early as possible, before the first day paid sick leave is used. • Employees are required to submit an Employee Notice for Use of Paid Sick Leave form. • If possible, notification should include the expected duration of the absence. If an employee's absence is unforeseeable, the employee must contact their Elected Official, Department Head or immediate supervisor as soon as possible. • If the need for paid sick leave is unforeseeable, and arises before the required start of the employee's shift, notice should be provided no later than one (1) hour before the employee's required start time. • In the event it is not possible to provide notice of an unforeseeable absence, a person on the employee's behalf may provide such notice. • If possible, the notification should include the expected duration of the absence. 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@co.mason.wa.us Within ten (1o) calendar days of receiving the employee's request, Human Resources will work with the Elected Official or Department Head and employee to identify an alternative for the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense. • Company-provided transportation to the employee's doctor; • Sharing the cost of getting a note from a medical provider; or • Providing a note of explanation in lieu of other forms of verification. Mason County 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 hispiertheir disability leave. Once the employee elects to use paid sick leave to supplement W5 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 4imsp+eftheir 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 h sA ertheir 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 Mason County Personnel Policies Page 39 compensation disability insurance payment to the county may be subject to disciplinary action for misuses, falsifying, or abusing sick leave. 7.2.15 Shared Leave Washington paid sick leave shall not be used in a shared leave program. [RESOLUTION 89-i9 - 9131191 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 hlFtheir 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•1oo 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 7.2.136 Sick Leave Cash-out Mason County Personnel Policies Page 40 In the event any employee terminates his{ 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. 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 iz months of separation, any accrued, unused Mason County sick leave not previously paid out was forfeited upon termination of employment and shall not be restored. 7.2.19 Payroll Employees will be notified of their paid sick leave balance each month on their pay stub. This information will include: • Washington paid sick leave & Mason County sick leave accrued since the last notification; • Washington paid sick leave & Mason County sick leave used since the last notification; and • Current balances of Washington paid sick leave & Mason County sick leave available for use. 7.2.2o Retaliation Prohibited Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave. If an employee feels they are being discriminated or retaliated against,the employee may contact the Support cervices ^;r^E+^.Human Resources Administrator. Mason County Personnel Policies Page 41 If an employee is not satisfied with the response that they receive from the Support S^r iEes- DiFeEte 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 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. Mason County Personnel Policies Page 42 7.6 MILITARY LEAVE Based on_RCW 38.40,o6o,Tthe 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+521 working days per year for military service. In general, if military service extends beyond+5-21 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 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 after birth 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. Mason County Personnel Policies Page 43 If you have any sick leave available that may be used for the kind of FMLA leave you are taking, it is the County's policy that you must use that paid sick leave as part of your FMLA leave. Use of vacation time for FMLA leave, however, is at your option. If you use paid leave for a purpose for which FMLA leave would be available, it is the County's policy to designate your paid leave as counting against your FMLA leave allowance. You are required to notify us if you use paid leave for a reason covered by the FMLA so that we may properly account for the leave. Advance Notice and Medical Certifications: The County requires that you provide us with advance leave notice, with medical certification, of the need for a leave related to a health 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. Mason County Personnel Policies Page 44 Other Insurance: If you are covered by other insurance plans through us, such as life insurance, those coverages will continue during paid leave on the same basis as during regular employment. If you take unpaid FMLA leave, you will be responsible during the leave for the premiums you normally pay plus the premiums we normally pay for you. If you don't pay these premiums, we may choose to pay them for you, to keep your coverage from lapsing, but you will be responsible for repaying us whether or not you return to work. Couples Employed by Us: If both you and your spouse work for us and you request leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent, the total annual FMLA leave available to you as a couple for those purposes is 12 weeks. 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. Mason County Personnel Policies Page 45 -RESOLUTION 89-19-913/191 Paid Family and Medical Leave Overview: Paid Family and Medical Leave, RCW 5oA.04 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If you qualify, this program will allow you to take up to 12 weeks, as needed, if you: • Welcome a child into your family(through birth, adoption or foster placement) • Experience a serious illness or injury • Need to care for a seriously ill or injured relative • Need time to prepare for a family member's pre-and post-deployment activities, as well as time for childcare issues related to a family member's military deployment. For specifics on military-connected paid leave, visit www.dol.gov/whd/regs/compliance/whdfS28mc.pdf If you face multiple events in a year, you might be eligible to receive up to 16 weeks, and up to 18 weeks if you experience a serious health condition during pregnancy that results in incapacity. Payment of Premiums: The program is funded by premiums paid by both employees and employers. It will be administered by the Employment Security Department (ESD). Premium collection started on Jan. 1, 2019. In 2019, the premium is 0.4 percent of wages. Employers can either pay the full premium or withhold a portion of the premium from their employees. Employers who choose to withhold premiums from their employees may withhold up to about 63 percent of the total premium, or$2.44 per week for an employee making$5o,000 annually.The employer is responsible for paying the other 37 percent. Businesses with fewer than 5o employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019. Your employer will calculate and withhold premiums from your paycheck and send both your share and theirs to ESD on a quarterly basis. Taking Leave: Mason County Personnel Policies Page 46 Starting Jan. 1, 202o, employees who have worked 82o hours in the qualifying period (equal to 16 hours a week for a year)will be able to apply to take paid medical leave or paid family leave.The 82o hours are cumulative, regardless of the number of employers or jobs someone has during a year.All paid work over the course of the year counts toward the 82o hours, including part-time, seasonal and temporary work. While on leave, you are entitled to partial wage replacement. That means you will receive a portion of your average weekly pay. The benefit is generally up to go percent of your weekly wage, with a minimum of$too per week and a maximum of$1,000 per week. You will be paid by the Employment Security Department rather than your employer. Unlike the federal Family and Medical Leave Act (FMLA), employees of small businesses may take Paid Family and Medical Leave if they meet the standard eligibility requirements. Please go to paidleave.wa.gov for more information on applying for benefits. Leave Protection: Employees who return from leave under this law will be restored to a same or equivalent job if they work for an employer with 50 or more employees, have worked for this employer for at least 12 months, and have worked 1,25o hours in the 12 months before taking leave (about 24 hours per week, on average). You can keep your health insurance while on leave. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave. Your employer is prohibited from discriminating or retaliating against you for requesting or taking paid leave. [RESOLUTION 89-ig -913/191 7.10 WASHINGTON STATE LONG TERM CARE TRUST ACT "WA CARES" COMPLIANCE The parties acknowledge_that RCW 5oB.04.o8o requires premium deductions for the Long- Term Services and Supports Trust Program beginning January 1, 2022._Employees shall be assessed aDremium_based on the individual's wages at the current rate set in accordance with RCW 5oB.04.o80.An employee may apply for a premium exemption in accordance with RCW 5oB.04.o85. The parties agree that January_1, 202-2, deductions will commence at the rate of fifty-eight hundredths of one percent (0-0058%) of the employee's wages in Mason County Personnel Policies Page 47 accordance with RCW 5o6 04 o8o and such, or similar language will be included in the ratified agreement. 7.w11 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 Mgt'' Independence Day July 4 Labor Day ist Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 (2) Floating Holidays As scheduled with supervisor Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For any holiday to be amid,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 n h o erational needs of the-County and Pi 1bIiWorks and_if this cannot-be accommodated,the employee will schedule an alternate date with their supervisor's approval. [PER RESOLUTION o6-02, /zZ o2] [PER RESOLUTION 202o-86,11/3120] Floating holidays must be used her the end of the alendaF yeaF OF they will be fnrfoit v Mason County Personnel Policies Page 48 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-.447.12 HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization, as pursuant to SB 5173 - 2013-14 (or successor legislation). The employee may select the days on which the he OF sh^they desires to take the two unpaid holidays off with their supervisor's approval. The unpaid holiday may be compensated through utilization of vacation or comp time or by making alternative work schedule arrangements and following the department's customary process in which to request approval and scheduling of time off. Such requests shall not be unreasonably denied unless the absence would unduly disrupt operations, impose an undue hardship, or the employee is necessary to maintain public safety. The two holidays allowed by this section must be taken during the calendar year, if at all;they do not carry over from one year to the next. [PER RESOLUTION 37-14,7/o8/14 ] 7.i-23 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. ILMason County Personnel Policies Page 49 Extra help Employees: Extra help employees normally are not eligible to receive benefits, including leaves, holidays and insurance. Mason County Personnel Policies Page 50 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 4+s/4ertheir assigned County job. Examples include, but are not limited to, outside employment which: 1. prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; 2. is conducted during the employee's work hours; 3. utilizes County telephones, computers, supplies, or any other resources, facilities or equipment; 4. is employment with a firm which has contracts with or does business with the County; or ILMason County Personnel Policies Page 51 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 52 Emergency: a circumstance that if not immediately changed may cause damage to persons or property. Procedure for Reporting Improper Government Action: County employees who become aware of improper governmental action shall follow this procedure: 1. Bring the matter to the attention of the Board of County Commissioners or the Prosecuting Attorney, preferably in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This shall be done as soon as the employee becomes aware of the improper action. z. The Board of County Commissioners or the Prosecuting Attorney, or their designee, shall respond to the report of improper government action, within thirty (3o) days of the employee's report.The employee shall be advised of the County's response. 3. The identity of a reporting employee shall be kept confidential to the extent possible under the law, unless the employee authorizes the disclosure of�,��heir 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 53 2. The Board of County Commissioners or their designee shall respond in writing within thirty(3o) days of receipt of the written charge. 3. After receiving the County's response, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the County's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Board of County Commissioners for response. 4. Within five (5)working days of receipt of a request for hearing the County shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing.The administrative law judge shall issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. 5. The final decision of the administrative law judge is subject to judicial review under the arbitrary and capricious standard. Relief ordered by the administrative law judge may be enforced by petition to superior court. Policy Implementation:The Board of County Commissioners is responsible for implementing these policies and procedures. This includes posting the policy on County bulletin boards, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Prohibition on intimidation of whistleblower- Nondisclosure of protected information: County Elected Officials or employees may not use his-e4itheir official authority or influence, directly or indirectly to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee's right to disclose information concerning an improper governmental action in accordance with the provisions of this policy. [PER_RESOLUTION 2 -16,_5/24/2oi6] 8.4 POLITICAL ACTIVITIES County employees may participate in political or partisan activities of their choosing provided that County resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions Employees may not campaign on County time or in a County uniform or while representing the County in any way. Mason County Personnel Policies Page 54 Any County employee who meets with or may be observed by the public or otherwise represents the County to the public, while performing his{ their regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on County property or County time,for a contribution 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; (z) County roads; (3) Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter. Mason County Personnel Policies Page 55 No smoking signs and removal of ashtrays:The Facilities Department shall post and maintain no-smoking and no-vaping signs in all public areas and county property as defined herein, and remove ashtrays from those public areas. Pursuant to RCW 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 70.16o Washington Clean Indoor Air Act, prohibiting smoking in all public places and places of employment. [PER ORDINANCE 91-06, 8/zz/zoo6] [PER ORDINANCE 20-01, 1/7/zozo] 8.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The County furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. Desks, closets, lockers, cabinets and furniture are county property for the purpose of-county operations. The County also furnishes computers, voice mail, facsimile (fax) communications, electronic mail (E-Mail), data and file transfers using electronic means and Internet access for use in conducting County business only. Because these systems are for County business, none of the communications or information transmitted or stored on these systems is private and may be reviewed by the County and otherwise may be subject to public disclosure. County electronic communications systems are not for personal use. (See RESOLUTION No. 129-04 attached as Appendix A for further information on the Mason County Electronic Information Acceptable Use Policy.) Mason County Personnel Policies Page 56 [PER_RESOLUTION 130-04:-12/21/20041 8.7 USE OF COUNTY EQUIPMENT Use of County phones for local personal phone calls should be kept to a minimum; long distance personal use must be approved in advance by the Elected Official or Department Head. Other County equipment, intruding vehicles, should be used by employees for County business only. An employees' misuse of County services, telephones, vehicles, equipment or supplies can result in disciplinary action including termination. 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. z. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas.The employee lunchrooms are considered a non-work area under this policy. Mason County Personnel Policies Page 57 8.» SAFETY Every employee is responsible for maintaining a safe work environment and following the County's safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/kwertheir Elected Official or Department Head. The County will make every effort to remedy problems as quickly as possible. In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor and complete an accident/incident report. Employee safety depends on the safety consciousness of everyone. In order to facilitate a safe work environment, employees may not bring dangerous weapons to the workplace. This includes, but is not limited to, weapons for which employees have a valid permit.The only exception to this rule involves law enforcement positions for which the job regimes possession of dangerous weapons. Employees should consult the County's Safety Policy and Accident Prevention Program for additional details concerning safety. 8.12 SUBSTANCE ABUSE The County's philosophy on substance abuse has two focuses: (1) a concern for the well- being of the employee and (2) a concern for the safety of other employees and members of the public. Availability of Rehabilitation or Treatment: As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the County is fully committed to helping employees who voluntarily come forward overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the County's benefit program. Please contact the EAP or Human Resources for more information. Employees who seek advice or treatment will not be subject to retaliation or discrimination. Substance Abuse Policy for Operators of Commercial Motor Vehicles: County employees who hold commercial driver's licenses ("CDLs") and who operate commercial motor vehicles while employed by the County are subject to additional rules and regulations imposed by the federal government These regulations require urine drug testing and alcohol breath testing in the following circumstances: 1. pre-employment; 2. reasonable suspicion; Mason County Personnel Policies Page 58 3. post-accident; 4. return to duty testing; 5. random testing. CDL holders who test positive must be removed from service and are subject to discipline, up to and including termination. CDL holders should consult the County's CDL policy for additional details concerning these rules. Drug-Free Workplace: The manufacturing, distribution, dispensation, possession and use of unlawful or alcohol on County premises or during work hours by County employees is strictly prohibited. Employees also must notify the County within five (5) days of any conviction for a drug violation in the workplace Employees should consult the Drug-Free Work Place Policy for additional details on this subject 8.13 USING POSITION FOR PERSONAL GAIN No County employee will use their position with Mason County for personal gain from any source. Personal gain is receiving any money, item or benefit for personal use, which is not available to the general public. Exception: Nominal value items ($1o.00 or less)with company logos, given for advertising purposes such as samples, pens, calendars, coffee cups and ball caps are acceptable. Requesting, or knowingly accepting, discounts on purchases, tickets, meals, travel, clothing, etc.,for personal use is not acceptable. Threats or promises of future business or lack of future business with the County to influence personal business will be referred to the Prosecuting Attorney. [PER RESOLUTION 95-04► 10/26/041 Mason County Personnel Policies Page 59 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 (z)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 60 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#kspiertheir 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 l 4npierthem, if possible. Step 3: If the employee is not satisfied with the response in Step 2 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 2 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 61 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 too percent. 5. A second degree directly relevant to the employee's current position as determined by the Elected Official or Department Director to be in the best interests of the County may be reimbursed subject to the limitations in paragraphs 8 and 9, below, only if: 1)the first degree is not directly applicable to the employee's position; or, 2) it is an advanced degree in a field of study relevant to the employee's current position. Mason County Personnel Policies Page 62 6. There is no limit to the number of credit hours eligible for reimbursement per semester/quarter. Employees are encouraged to be prudent in the selection of the number of courses attempted each semester. Employees must be in paid status when reimbursement is sought. For the purpose of this policy, paid status is defined as working the employee's regular schedule or on approved vacation leave. 7. Employees must satisfactorily complete the course work to be considered for reimbursement. Satisfactory completion is defined as award of a grade of"C" or higher, or the equivalent, in the coursework for which reimbursement is sought. 8. Reimbursement will be up to the tuition rate at the University of Washington or Washington State University, whichever institution offers the course of instruction concerned. If both Universities offer the course of instruction, the reimbursement rate will up to the lower rate of the two universities.This rate will apply to courses of instruction at private universities, correspondence programs or other high cost programs. 9. All required fees may be reimbursed at the designated approval percentage. Books, lab and building use fees will be reimbursed at 50 percent, regardless of the course of study. lo. Initial approval of a course of study does not obligate the County to future/continued approval of courses in that course of study. Course approvals are only valid for the course and semester/quarter given. Mason County Personnel Policies Page 63 CHAPTER 12 NON-DISCRIMINATION & HARASSMENT POLICY 12.1 PURPOSE The purpose of this policy is to provide guidelines to elected officials, department heads, employees,volunteers,and members of the public to ensure equal access to County services and employment opportunities regardless of a person's sex, race, national origin, religion, age, disability, marital status, creed, political belief,sexual orientation,veteran's status, or any other protected status under federal or state statute.Additionally,the policy provides guidelines for identifying, reporting,and resolving claims of discrimination or related retaliation.This policy supersedes all previous non-discrimination and sexual harassment policies issued by Mason County. 12.2 NONDISCRIMINATION The Board of Mason County Commissioners shall demonstrate its commitment to non- discrimination and equal opportunity by making available this Non-Discrimination Policy to recruiting sources,organizations representing protected groups,vendors,suppliers, contractors,community-based organizations,service organizations,community leaders, secondary and postsecondary schools, and other governments.The policy will be distributed on a continuing basis as appropriate individuals and entities are identified. The County will incorporate appropriate non-discrimination language in all its contracts and collective bargaining agreements.The words "Equal Opportunity Employer"will be included on employment applications and recruitment materials. To further promote the Board of County Commissioners' commitment to non-discrimination, the County will conduct periodic meetings with executive, management, and supervisory personnel to explain the intent of the non-discrimination policies and to clarify management's responsibility for effective implementation.This Non-Discrimination Policy will be distributed and reviewed in new employee orientation sessions. 12.3 POLICY The County takes complaints of discrimination,harassment and retaliation seriously and will investigate and resolve such complaints in a timely manner. A. Discrimination. Mason County is committed to a workplace that is free from unlawful discrimination.The County prohibits discrimination against elected officials, employees, and volunteers based on race, color,creed, religion, national origin, ethnicity,age,sex, marital status,veteran status, sexual orientation, and disability(known or perceived). Employees who engage in discrimination will be subject to disciplinary action, up to and including termination of employment. Mason County Personnel Policies Page 64 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 e 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 Personnel Policies Page 65 Mason County is committed to providing equal opportunities for County employees with disabilities. Every reasonable effort will be made to create an accessible work environment to the extent possible without undue hardship to the County. Employment practices will be administered to allow a person with a disability to participate at the same level as a person without a disability. Mason County is committed to providing equal opportunity for persons with disabilities seeking employment with the County or appointment to County boards and commissions. Every reasonable effort will be made to create an accessible hiring or selection process and a working environment for board and commission members that will allow a person with a disability to participate at the same level as a person without a disability. Board and commission meetings will be held in accessible locations. It is the responsibility of the person with the disability to disclose the existence of the disability if reasonable accommodation is to be requested. 12.5 EMPLOYEE RESPONSIBILITIES Each employee is responsible for supporting and adhering to this policy. It is the responsibility of all County employees to bring instances of inappropriate behavior to the attention of management.This includes employees who believe they are the recipient of discriminatory behavior as well as those who believe they have witnessed such behavior directed at another employee. Employees should never tolerate inappropriate or harassing behavior. If possible, they should make their feelings known to the offending employee.Whether they confront the harasser or not,employees must promptly report any offending behavior to their department head or elected official or to the County Human Resources Department. Employees are strongly encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive.This will assist the County in its efforts to stop discrimination or harassment before it rises to the level of a violation of anti-discrimination laws. 12.6 SUPERVISOR/MANAGER RESPONSIBILITIES When a supervisor, manager, department head or elected official suspects or has reason to believe that discriminatory behavior has occurred,he OF;ethey shall immediately notify the Manager of Human Resources or the Office of the Prosecuting Attorney and report the incident. 12.7 COUNTY RESPONSIBILITIES County Management representatives will promptly and thoroughly investigate all reports of discrimination or harassment. Complaints against either the Human Resources Department or the Prosecuting Attorney's Office will be investigated by a non-county agency.Complaints of Mason County Personnel Policies Page 66 discrimination and harassment will be handled with sensitivity,discretion,and confidentiality to the extent allowed by the circumstances and the law. If the County concludes that a violation of this policy occurred,prompt and effective remedial action will be taken.This may include disciplinary action and/or other actions needed to remedy the effects of the discrimination and prevent further incidents. 12.8 COMPLAINT PROCEDURE Mason County is committed to maintaining a work environment free from bullying, discrimination,or sexual harassment.As such, Mason County shall strictly enforce this policy against unlawful discrimination,including sexual harassment,and encourages those who feel aggrieved to seek assistance as outlined in this policy. Persons who feel that they may have been bullied,discriminated against or sexually harassed, or are aware of actions against another person that may be in violation of this policy,shall immediately contact either his# eftheir immediate supervisor,h"n, '��heir department official, or the Human Resources Department.Complaints should be submitted in writing using the Mason County Internal Discrimination Complaint Form,a copy of which must be submitted to the Human Resources Department. If the complaint is reported to the employee's supervisor or department official,that individual may investigate the complaint or may request that the Human Resources Department perform the investigation.Any person may file a complaint under this policy when the person believes: He OF she h,sThey have been the target of discrimination or harassment(including bullying); • He OF she hasThey have personal and first-hand knowledge of behavior believed to be in violation of this policy; or • He OF she hasThey 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 Mason County Personnel Policies Page 67 the County's internal discrimination complaint procedure is not a prerequisite to the pursuit of such statutory remedies. When an employee or union files both a grievance and an internal discrimination complaint regarding the same alleged acts or incidences,the investigation and processing of one shall be suspended until the other is completed. Mason County Personnel Policies Page 68 12.9 INTERNAL DISCRIMINATION COMPLAINT FORM Pursuant to Chapter 12 Non-Discrimination & Harassment Policy of the Mason County Personnel Policies, reports of discrimination and/or harassment may be reported to your department official/supervisor, to the Human Resources Department, or to the Prosecuting Attorney. Name and department of person filing complaint Work Phone Home Phone (optional) Home address City State Zip Name of the person(s)whom you feel violated the Non-Discrimination & Harassment policy: Department involved: Alleged violation related to: [ ] Employment [ ] Services Basis of alleged violation is: [ ] Race/Color [ ] Disability [ ] Marital Status [ ] Veteran's Status [ ] Age [ ] Religion [ ] National Origin [ ] Sex [ ] Creed [ ] Retaliation [ ] Sexual Orientation [ ] Ethnicity [ ] Harassment/Sexual Harassment Describe in detail the incidents or actions, including names, dates and times,that are believed to be in violation of this policy. Include the names and contact information of any individuals who may have witnessed this behavior. (Attach additional sheets as needed) By signing below, I declare under penalty of perjury of the laws of the State of Washington that the foregoing information is true and correct. Signature Date Printed Name Mason County Personnel Policies Page 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 RCW 46.25.03o.All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. 2. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments. All allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees-Where permitted, the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW 4 .56. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy, those rules shall apply. 5. All users of county vehicles (owned, leased, or rented) or personal vehicles being used for county business purposes, including regular employees, temporary employees, contractors, volunteers and citizens. 13.2 VEHICLE USE POLICY DEFINITIONS Vehicle: Per RCW 46.04.670 includes every device capable of being moved upon a public highway an in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles.This includes motorized or non-motorized vehicle to include boats, aircraft, and utility tractors designed to transport persons or goods on public roadways, waterways, or federal airspace. Motor vehicle: Per RCW 46.04.320 means every vehicle that is self-propelled by electric poser obtained from overhead trolley wires, but not operated upon rails. Special Mobile Equipment: Per RCW 46.04.552 means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, Mason County Personnel Policies Page 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 12/3i/i6) (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. 2. Employees must have primary responsibility to respond to emergencies. 3. Special equipment vehicle assignments shall be supported by information describing the special equipment needed to perform the county work. 13.7 ECONOMIC BENEFIT TO THE COUNTY Take-home vehicles may be assigned if employee's private vehicle mileage reimbursement costs are greater than the commuting costs for an assigned county vehicle with overnight vehicle usage. 1. Lost productivity costs,the cost of the time it takes an employee to travel from a designated county parking facility to their work station, shall not be included in the calculation of economic benefit to the county. 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. 2. Emergency preparedness or seasonal assignment: County-owned or leased vehicle is permitted when an employee is on-call and vehicle is taken home less than 12 times per quarter on average. 3. Collective Bargaining Agreement: Authorization for take-home assignment may be granted to employees represented by collective bargaining agreements with language that provides for take-home vehicle assignment. 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES The BOCC will evaluate, authorize, or deny the current Take-Home vehicle assignments and any new requests from all departments and elected offices by October 31st of each year. Take-home vehicle authorization shall be for the following periods of time:January ist to December 31st of each year, unless otherwise specified by a collective bargaining agreement. 13.10 BUDGET MANAGEMENT RESPONSIBILITIES Budget Management shall be the department in charge of the following provisions: 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. 2. Maintain the supporting documents for each Take-Home vehicle assignment. Documents will be compiled, calculated and submitted to payroll for fringe benefit, per the IRS rules and regulations. 3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if applicable. 4. Develop and maintain records of all take-home vehicle assignments for Budget Management provisions. 13.11 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES Department Heads and Elected Officials shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 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 Sot" 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 Sot" of each year or when a new Take-Home Vehicle assignment is issued to Budget Management. Each Department shall maintain a list of authorized Take-Home Vehicles.This list shall include: 1. Employee name 2. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Budget Management by September Sot" each year or upon request by the Budget Manager. Commissioned employees of the Sheriff's Office are exempt under IRS Publication 15-B Fringe Benefit, however,for Non-Commissioned employees, this is considered a fringe benefit and may create a tax liability. 13.13 EMPLOYEE'S RESPONSIBILITIES A County owned or leased Take-Home vehicle is a fringe benefit that may generate a tax liability. If a request for a Take-Home Vehicle is approved, it is the responsibility of the employee to contact payroll and determine the tax liability. The employee is also responsible for submitting monthly mileage report to Budget Management by the 51"working day of the month. Monthly mileage reports are required for all Take-Home assignments, with the exception of Commissioned Officers of the Sherriff. 13.14 FINANCIAL SERVICES- PAYROLL RESPONSIBILITIES Payroll will update fringe benefit data in the payroll system. [PER RESOLUTION 19-17, 04111/20171 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS The County has auto liability coverage on its Mason County vehicles.Authorized employees, appointed or authorized representatives and persons, or volunteers driving Mason County vehicles are covered under the County's liability coverage. However, employees using their personal vehicles for County business are not included in the County's insurance coverage and, therefore their personal vehicle insurance is responsible for accidents, regardless of Mason County Personnel Policies Page 77 whether the accident occurred while they were on County business. The mileage reimbursement received by employees for approved use of personal vehicles includes, in part, a reimbursement for personal insurance coverage. Employees should consult with their insurance agent/company to inquire about what coverage exists while using their personal vehicles for County business. 1. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. 2. When an employee is using their privately owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position.This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular(routine) basis. 13.16 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations. Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide 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. 2. The vehicle must be in sound mechanical condition and present no safety risks. 3. Employees must submit a mileage reimbursement form, to receive reimbursement based on the county's current mileage rate allowance. The standard mileage rate reimbursement covers gas, maintenance, repairs and insurance for work related driving. Mason County Personnel Policies Page 78 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS Employees using county vehicles on a continuing assignment or trip-by-trip basis are prohibited from using vehicles for personal business except as provided herein. Unauthorized personal use of a county vehicle may result in disciplinary action, up to and including termination of employment. All employees should exercise reasonable judgment regarding the use of a county vehicle for personal purposes. Personal use of a county vehicle may be permitted, subject to the approval of the applicable department head or elected official, when the use serves the county's interests, results in negligible expense, and/or is justified by compelling circumstances and doesn't pose a "bad appearance" even if on personal time—(e.g., at a bar or liquor store). 13.18 INCIDENTAL TRAVEL AND STOPS Employee-drivers should remember that public perception of county employees is important and influenced by how and where the public observes county vehicles being used. Employee-drivers should not make incidental stops at locations the public would generally perceive as inappropriate. 13.19 POLITICAL USE OF COUNTY VEHICLES No employee or person may use any vehicle owned, leased or operated by the county for any trip which is exclusively for the purposes of campaigning in support of, or in opposition to, any candidate or cause for national, county or local office, unless use of the vehicle is required for purposes of security protection provided by the county or local governmental unit. 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS 1. Use of county vehicles by temporary employees or volunteers requires authorization from the department head or elected official. Temporary county employees and volunteers are subject to the applicable provisions of this policy, including signing the Vehicle Use Agreement and providing proof of valid driver's license. 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: Mason County Personnel Policies Page 79 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. 2. Vehicles shall be locked when unattended with the engine turned off. Keys shall not be left in the ignition unless authorized by the department head or elected official. 3. No person may use a county vehicle, or permit the use of a county vehicle, or operate a personal vehicle for county business in the following prohibited manners: a. The driver is impaired by fatigue or any other known mental or physical condition that affects the safe operation of the vehicle. b. The driver is impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or over-the-counter medications that causes or results in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Policy 8.12-Substance Abuse, employees are responsible for informing their supervisor of the possible effects of the medication and expected duration of its use. c. Tobacco use (smoking and non-smoking products and devices) is prohibited in county-owned or leased vehicles. This does not include smoking in personal vehicles used for county-related business. d. Transporting non-county employee passengers, including family members, is not permitted unless authorized by the employee's department head or elected official. e. Permitting non-authorized individuals to drive a county-owned/leased vehicle unless it is for a bona fide emergency purpose. f. Drivers of motor vehicles are prohibited from reading, manually writing or sending a message on an electronic wireless communications device or holding a wireless communication device to their ear while the vehicle is moving. Exceptions to this section include: operators of an authorized emergency motor vehicle; a driver using a wireless communications device in the hands-free mode; using devices to report illegal activity or summon medical aid or other emergency assistance or to prevent injury to a person or property; using hearing aids. g. Use for personal gain, such as delivering goods or services. h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks, etc. Modifications to county vehicles may be undertaken only with the prior written consent of the department head or elected official. The County Shop or its designee will perform any modification to a county-owned or leased vehicle. Mason County Personnel Policies Page 80 i. Transporting of animals—Allowed only with prior written consent of the department head or elected official -(excludes Animal Control activities and transportation and use of canines or other animals by the Sheriff's Office). j. Hauling loads that exceed the rated capacity of the vehicle or that could cause damage to the vehicle (i.e., hauling firewood or gravel in a passenger vehicle). k. Use of trailer hitches and towing-allowed only with prior approval by either the County Shop or Motor Pool Manager.The County Shop or Motor Pool must evaluate hitches and lights. I. Installation or use of any radar or speed detection devices. m. Transporting hitchhikers. n. Use or consumption of alcohol and/or illegal drugs is prohibited while operating a county-owned/leased vehicle or personal vehicle for county business. o. Use for vacations, side trips or any other use not expressly authorized by this policy or department head or elected official. Drivers who have questions regarding the appropriate use of a county vehicle or a personal vehicle while in use for county business should consult with their supervisor, department head, elected official, or the Risk Management Office. 13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD The purpose of the VUA is to ensure employees are licensed to operate a motor vehicle and possess auto liability insurance to operate their personal vehicle for county business. Use of a county(owned, rented or leased) or personal vehicle for business purposes is contingent upon the following conditions and requirements: 1. Vehicle Use Agreement- Each department head and elected official or their designee will acquire a signed Vehicle Use Agreement(VUA), annually from each of their employees that operate a personal or county-owned/leased vehicle for business purposes.This includes those employees required to hold a Commercial Driver's License (CDL). 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 Personnel Policies Page 81 Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46.52.130. b. All other employees who may drive a county vehicle or a personal vehicle for the use of county business may have their driver abstract requested from the Department of Licensing per RCW 46.52.130 if requested by their department head, elected official and/or the Risk Management Office. 13.23 DRIVER DISQUALIFICATION AND REVIEW County employees and other authorized agents of the county may become disqualified as a driver for county business for any of the following conditions: 1. Three or more moving violations in the past three years. 2. Two accidents if one or more results in injury, loss of life or significant property damage. Note:This includes only accidents where the driver was substantially at fault. 3. Suspension or revocation of driver's license. 4. Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. 5. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such change may result in revocation of the privilege to drive a county-owned/leased vehicle or a personal vehicle utilized for county business and/or disciplinary action up to and including termination. 6. Drivers denied the use of a county vehicle based on an unsatisfactory driving record may request a review of the denial through their department head or elected official. The Risk Management Office should be consulted regarding any requests for review. 7. A requested review will be investigated by the department head or elected official and the Risk Management Office then approved or denied by the elected official in writing. Approval or denial will be documented and kept on file in the Risk Management Office. 13.24 ACCIDENTS AND CITATIONS Employees are fully responsible to operate vehicles on county business in a legal, safe, and prudent fashion and are subject to appropriate corrective action for failure to do so, up to and including termination. 1. Employees shall immediately report all traffic accidents and/or damage to their vehicle to their supervisor or department head or elected official while operating a personal or county-owned/leased vehicle while on county business. In addition to any state required accident reports, employees shall complete the Risk Management Mason County Personnel Policies Page 82 Vehicle Accident Report form within the first business day following the accident.The report will be forwarded to Risk Management. A review by the department head or elected official may be convened to evaluate the accident depending on the severity. 2. Drivers are personally responsible for the cost of all traffic citations, parking tickets, etc. Passengers are personally responsible for the cost of any traffic citation they may receive while riding in a county-owned/leased vehicle or a personal vehicle being used for county business-(i.e. seatbelt violations, parking violations, throwing object from vehicle).The offending employee shall pay citation fines promptly. 3. Employees shall report moving violation citations that occur while operating a vehicle for county business within the first business day of the issuance of the citation. Employees will notify their immediate supervisor, who in turn, will forward the report to the Risk Management Office. 13.25 COMMERCIAL DRIVER LICENSE In addition to the conditions and requirements for all motor vehicle operators, employees who hold a commercial driver's license (CDL) are subject to all requirements applicable to state and federal laws. 13.26 COUNTY VEHICLE RELATED PURCHASES Supervisors shall inform employees of acceptable vendors, gas stations, and other services that may be utilized for county vehicle related purchases. Repair and towing services are primarily acquired through county contracts. If services are needed while traveling out of the county, the employee should contact the County Shop for public works vehicles, the Facilities manager for motor pool vehicles, or use their best judgment if outside of work hours. 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES 1. Public Works vehicles should use the county-owned fuel dispensers whenever possible.There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. 2. Public Works vehicles may use public self-service, regular unleaded and diesel dispensers if county fuel dispensers are not available.The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 3. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. Mason County Personnel Policies Page 83 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE 1. Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from any authorized gas station (Shell or Chevron). Arco and AM/PM gas stations are not authorized vendors.There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. 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. Mason County Personnel Policies Page 84 13.31 SAFETY In the event a county officer, employee, or volunteer is involved in an accident while operating a county vehicle or their own vehicle and conducting county business, the driver shall follow these safety rules: 1. Immediately provide first aid (if possible and if necessary)to any injured person. It is recommended that employees providing first aid/CPR have a valid first aid/CPR card. 2. The county driver shall then immediately notify h heir supervisor and the appropriate law enforcement agency. No vehicles shall be moved from the accident scene until law enforcement arrives unless a greater safety hazard would be created by not moving the vehicle(s). 3. The county employee/driver shall exchange information regarding driver's license, vehicle registration, and insurance information with the operator(s) of the other vehicle(s). 4: If possible, the county employee/driver shall gather the names and addresses of all potential witnesses including passengers in all vehicles involved. 5. If possible,take photos of both the county vehicle and the other injured parties vehicle, equipment or the scene itself. 6. The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle. If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform Collision Report Form_(WSP 161)within twenty-four hours of the accident. [UPDATED RESOLUTION 03/0312020] 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 userprocedures and guidelines. • Training for email storage is available to all employees through the Secretary of State https://www.sos.wa.gov/archives/recordsmanagement/managing- emails.aspx. Please contact your department's records retention staff for assistance. Policy: 1. All e-mail messages sent or received that are related to the conduct of County business must be evaluated for the function and content of the Mason County Personnel Policies Page 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.gov/archives/recordsmanagement/local-government- records-retention-schedules---alphabetical-list.aspx 3. All email messages sent or received from a County email address will be retained for a minimum of go days by the County's email system. 4. Employees have go days from the date an email message was created or received to determine if an email meets the definition of a public record. All emails that are public records must be retained in their native format for their approved records retention period. Retention periods are based on functional use of the information contained in each message. 5. Employees shall place email messages in email storage folders for the appropriate retention period as approved by the Washington State Local Records Committee Records Retention Schedule.The email archiving system will retain email based on folder designation. It is critical to use the appropriate email storage folder. 6. go days after the received date, e-mails will be purged from the County's email system (Outlook). E-mails in your in-box will be retained by the county's archiving system (Retain)for two years and deleted e-mails will be retained for one year. This process will purge archived emails that have met their required retention period and junk e-mails. Purged means deleted and unrecoverable. 7. In order to comply with records management requirements and the Washington State Public Records Act(RCW 42.56) email messages that meet the definition of a public record must be stored within technology systems supported by the County. The County's email archiving solution is considered the official system of record for County email messages. Requests for alternative methods for retaining emails must be submitted to the Information Technology Department for approval. 8. The creation of new Microsoft Outlook Personal Storage Table (.pst)files is prohibited. Mason County Personnel Policies Page 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://apps.leg.wa.gov/rcw/default.aspx?cite=4o.14 WAC 434-662-040 - PRESERVATION OF ELECTRONIC PUBLIC RECORDS Agency Duties and Responsibilities: http://apps.leg.wa.gov]WACIdefault.aspx?cite=434-662-040 WAC 434-662-150 - Preservation of Electronic Public Records: Email Management http://apps.leg.wa.gov/WAC/default.aspx?cite=434-662- 50 [PER RESOLUTION 68-19, 07/23/2019] 14.7 INTERNET ACCESS Access to the Internet is available to employees, contractors, whose duties require it for the conduct of government business. Since Internet activities may be monitored, all personnel accessing the Internet shall have no expectation of privacy. Acceptable Use: Mason County provides Internet access to facilitate the conduct of government business. Occasional and incidental personal internet use shall be permitted if it is not a Prohibited Use activity, is not conducted during county work time and does not Mason County Personnel Policies Page 90 interfere with the government's ability to perform its mission. Elected officials and Department Heads shall determine when usage is acceptable for their employees. Prohibited Use: Prohibited activities when using the Internet include, but are not limited to, the following: a. Browsing explicit pornographic or hate-based web sites, hacker or cracker sites, or other sites that Mason County has determined to be off-limits. b. Posting, sending, or acquiring sexually explicit or sexually oriented material, hate- based material, hacker-related material, or other material determined to be off-limits. c. Posting or sending sensitive information without management authorization. d. Accessing outside personal e-mail accounts such as Hotmail or Yahoo mail. Downloads or attachments from these accounts could bypass the County e-mail virus software. Information needed from these accounts should be forwarded to your County e-mail address. e. Using other services available on the Internet, such as FTP or Telnet, on systems for which the user does not have an account, or on systems that have no guest or anonymous account for the service being used. f. Posting commercial announcements or advertising material. g. Promoting or maintaining a personal or private business. h. Receiving news feeds and push data updates, unless the material is required for government business. i. Using non-work related applications or software that occupy excess workstation or network processing time (e.g., processing in conjunction with screen savers, streaming audio or video feeds). j. Conducting fund-raising, endorsing any product or service, lobbying, or participating in any political or campaign activity. 14.8 GENERALLY PROHIBITIED USES OF INFORMATION RESOURCES Generally prohibited activities when using government information resources shall include, but are not limited to, the following: a. Stealing or copying of electronic files without permission. b. Violating copyright laws. This includes downloading copyright music or video files. c. Browsing the private files or accounts of others, except as provided by appropriate authority. d. Performing unofficial activities that may degrade the performance of systems or waste employee time, such as the playing of electronic games. Mason County Personnel Policies Page 91 e. Performing activities intended to circumvent security or access controls of any organization, including the use of hardware or software tools intended to defeat software copy protection, discover passwords, identify security vulnerabilities, decrypt encrypted files, or compromise information security by any other means. f. Writing, copying, executing, or attempting to introduce any computer code designed to self-replicate, damage, or otherwise hinder the performance of or access to any computer, network, or information. g. Accessing the County network via modem or other remote access service without the approval of management. h. Promoting or maintaining a personal or private business, or using County information resources for personal gain. i. Using someone else's logon ID and password. j. Disclosing any County information that is not otherwise public. 14.9 MONITORING,AUDITING AND INSPECTION Elected Officials and Department Heads may monitor, inspect or audit the e-mail, data or information their employees create or utilize on the County information services resources at any time. System administrators and other personnel with unrestricted access to email, files, data and similar services shall receive approval from the supervising Elected Official or Department Head prior to decrypting, opening or reading the e-mail, data or information of their employees. If due to unusual circumstances, such as result of viruses, malicious programs, equipment failure or error, employee e-mail, data or information is read or intercepted, then system administrators and other employees that intercept, read, or view the information shall inform the responsible Elected Official or Department Head at the first opportunity. An Elected official may only be monitored, inspected or audited only with the express authorization of the Prosecutor. Mason County Personnel Policies Page 92 CHAPTER 15 -SOCIAL MEDIA POLICY 15.1 SOCIAL MEDIA POLICY To address the fast-changing landscape of the Internet and the way residents communicate and obtain information online, Mason County departments may consider using social media tools to reach a broader audience. The County encourages the use of social media to further the goals of the County and the missions of its departments, where appropriate.This policy is not meant to address one particular form of social media; rather social media in general, as advances in technology will occur and new tools will emerge. Mason County has an overriding interest and expectation in deciding what is "spoken" on behalf of the County on social media sites. This policy establishes guidelines for the use of social media. 1. Definitions: BLOG:A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments.The term is short for "Web log." Page:The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. Post: Content an individual shares on a social media site or the act of publishing content on a site. Profile: Information that a user provides about himself OF her`^ftheir 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. ILMason 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. RCW 42.52 Ethic in Public Service E. Mason County Facebook Standards F. Mason County Twitter Standards 4. Mason County blogs are subject to State of Washington public records laws.All blog sites shall clearly indicate that any content posted or submitted for posting are subject to public disclosure. All blog sites shall include a notification on the home page that public disclosure requests must be directed to the department's public disclosure officer. (see Mason County Social Media Policy) 5. Relevant Mason County records retention schedules apply to blogs and blog content. Records required to be maintained pursuant to a relevant records retention schedule shall be maintained for the required retention period in a format that preserves the integrity of the original record and is easily accessible using the approved retention and archiving program. Content submitted for posting that is deemed not suitable for posting on a Mason County Blog by a moderator because it is not topically related to the particular blog article being commented upon, or is deemed prohibited content based on the criteria in Section 7 of this policy, shall be retained pursuant to the records retention schedule along with a description of the reason the specific content is deemed not suitable for posting. 6. The Mason County department/office or Information Services Department reserves the right to restrict or remove any content that is deemed in violation of this blogging policy or any applicable law. 7. Each County blog shall include an introductory statement which clearly specifies the purpose and topical scope of the blog. 8. County blog articles and comments containing any of the following forms of content shall not be allowed for posting: i. Comments not topically related to the particular blog article being commented upon; ii. Profane language or content; iii. Content that promotes,fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; iv. Comments that support or oppose political campaigns or ballot measures; v. Sexual content or links to sexual content; Mason County Personnel Policies Page 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. ii. All blog sites shall clearly indicate that they are maintained by a particular Mason County department/office and shall have the Mason County department's/office contact information prominently displayed. Author and Commenter Identification 1. All Mason County blog authors shall be clearly identified by entering their name at the end of the post. z. Public commenters shall be accompanied by valid contact information including the poster's Facebook or Twitter I.D. Anonymous posting shall not be allowed. 3. Authentication credentials used for posting blog articles and blog comments by authorized Mason County department/office blog authors shall conform to the County's password standard. Ownership and Moderation 1. The content of each Mason County blog shall be the sole responsibility of the department/office producing and using the blog. 2. Comments submitted to a Mason County blog shall be moderated by an authorized blog moderator that has been trained and assigned by the department/office manager. Blog Comments& Responses 1. Whenever possible, all blog articles shall be reviewed and approved by an authorized blog moderator before posting on a Mason County blog. 2. All blog articles submitted with attached content shall be scanned using antivirus technology prior to posting. ILMason 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. 2. The Division Director will approve proposed names. 5. Page Administrators A. A successful page requires "babysitting." Each department communications officer is responsible for monitoring the Facebook page. Posts should be approved by the Division Director or a designated alternate. B. The department communications officer is responsible for making sure content is not stale. Departments will designate a back-up editor in communications officer's absence. C. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. 6. Comments and Discussion Boards A. Comments to department/office postings generally will be allowed but will be monitored by department/office communications officer for proper content. B. Discussion boards will be monitored by the communications officer for proper content. 7. Style A. County Department Facebook cover page will display the official County logo.The Information Services Department will provide departments with the official county logo. B. Departments will use proper grammar and standard Associated Press (AP) style, avoiding jargon and abbreviations. Facebook is more casual than most other communication tools but still represents the County at all times. 8. Applications and Security A. There are thousands of Facebook applications. Common applications can allow users to stream video and music, post photos, and view.While some ILMason 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 any time if there is significant reason to think it is causing a security breach or spreading viruses. D. For security purposes, all Facebook accounts logins and password will be kept by the assigned department communications officers, Division Director/ Elected Official, and Information Services. Archive • Each Facebook page will be set up in conjunction by Information Services to a designated county account. • Mason County's social media sites are subject to State of Washington public records laws RCW_ _4z,56 . • Content that cannot be retrieved from Facebook via the approved retention and archiving program, but need to be retained as a record, will be printed and maintained according to the County's records retention policy by that individual department/office utilizing the account. 15.4 TWITTER STANDARDS POLICY Twitter is a micro blogging tool that allows account holders to tweet up to 140 characters of information to followers. By procuring and maintaining Twitter accounts, County departments will communicate information directly to their Twitter followers, alerting them to news and directing them to the Mason County Website (www.co.mason.wa.us)for more information. These standards should be used in conjunction with the County's Social Media Policy. Content 1. Department communications officer shall hold and maintain their department's Twitter account. A. Each department will have only one Twitter account, unless otherwise approved by the Elected Official or Division Director. Account information, including usernames and passwords, shall be registered and updated with the department Communications officer, Division Director and Elected Official. Information Service department will be provided logins, passwords and editing rights by the Division Director or Elected Official for emergency editing. Mason County Personnel Policies Page 102 z. All Mason County department's Twitter bio will read: (Department_name) Comments, list of followers subject to public disclosure (RCW 42.56). If appropriate the following will be added: This site is not monitored. Call 911 for emergencies. 3. Twitter usernames shall begin with "Mason" (MasonParks, MasonPW and MasonPH). In cases where the username is too many characters, begin with "MC" (MCProsecutor). 4. Department Twitter account backgrounds will share an official Mason County logo provided by the Information Services Department. 5. Twitter accounts shall serve three primary purposes: A. Get emergency information in/out quickly B. Promote County-sponsored events C. Refer followers to content hosted at www.co.mason.wa.us 7. Information posted on Twitter shall conform to the policies and procedures of the County Social Media Policy and the department/ office posting the information. Tweets shall be relevant, timely and informative. 8. Twitter content is short synopsis of information presented on the Mason County Website and other existing information dissemination mechanisms. Department communications officer shall ensure that information is posted correctly the first time. Twitter does not allow for content editing. 9. Department communications officer shall be responsive to those citizens who communicate via Twitter's @a reply or direct message functions. Communication with followers will be timely and consistent with existing protocols. io. 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 ,. Department communications officer shall be responsible for archiving Twitter posts. Initial policy will be to archive Twitter postings with the approved retention and archiving program selected by the Information Services in accordance to RCW.4z.56. In the retention and archiving program Twitter archives may not be visible to the public, but will be accessible for public document retention purposes. Mason County Personnel Policies Page 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) 22, 31 and 31.1 for courts. Therefore, there is an extremely narrow scope of expectation of privacy. All calls and text messages are open to public records requests. Information Services will provide text message management; install the application for and storage of text messages. Mason County Personnel Policies Page 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 maV 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 bV 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 iob 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 bV CountV 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 maV withdraw or be withdrawn bV 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 iniuries. 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.loca1/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 bV the Teleworker. Mason County Personnel Policies Page 110 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: KELLY FRAZIER DEPARTMENT: FACILITIES EXT: 519 BRIEFING DATE: 7/12/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources Legal ❑ Other — please explain ITEM: Governor Inslee recently signed the 2021-23 State Capital Budget, which includes an appropriation of $62,000.00 for the Mason County Veterans Memorial Hall EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Staff recommended projects include: Front sliding door, remodel the kitchen to include new floor, cabinets, dishwasher and range hood. Replace the bathroom floors. BUDGET IMPACT: Increase of$62,000 PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) There is a Memorial Hall Committee meeting on July 28th and will review projects with them and gather input. RECOMMENDED OR REQUESTED ACTION: Gather input from the Commissioners and will come back with final request after July 28th ATTACHMENTS: Email from Washing State Department of Commerce Direct Grant Program Guidelines Briefing Summary 7/6/2021 Kelly Frazier -w From: Frank Pinter Sent: Thursday,June 24, 2021 1:00 PM To: Diane Zoren; Kelly Frazier Subject: FW: S22110 Mason County Veterans Memorial Hall Refurbishment (Shelton) 2021-2023 State Capital Budget Award Letter and Guidelines Attachments: image006.wmz; 2021-23 Direct Capital Guidelines.pdf Please put this on the briefing for July 12". In the interim we will discuss at leadership Thanks Frank From:Sample, Kari (COM) [mailto:l<ari.sample@commerce.wa.gov] Sent:Thursday,June 24,2021 12:18 PM To: Frank Pinter<FPinter@co.mason.wa.us> Subject:S22110 Mason County Veterans Memorial Hall Refurbishment(Shelton) : 2021-2023 State Capital Budget Award Letter and Guidelines STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE ® PO Box 42525❑x Olympia, Washington 98504-2525 0 (360) 725-4000 June 24, 2021 Frank Pinter Mason County 411 N.5th Street Shelton,WA 98584 Dear Frank: Congratulations! Governor Inslee recently signed the 2021-23 State Capital Budget, which includes an appropriation of$62,000.00 for the Mason County Veterans Memorial Hall Refurbishment(Shelton) Project. The Department of Commerce,which will administer the project,will retain two percent(up to a maximum of$50,000)to cover our administrative costs.Accordingly,your net grant award will be $60,760.00, Prior to receiving funds,your organization will need to fulfill the following requirements: • Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. 1 • For nonprofit grantees,any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over$500,000. • Prevailing wages must be paid for all construction labor costs incurred as of May 18, 2021. • Review by the Washington State Department of Archaeology and Historic Preservation and any affected Tribes (Governor's Executive Order 21-02). • Your project may also need to comply with the state's green buildings standards(RCW 39.35D). Please fill out the linked Contract Readiness Survey and submit at your earliest convenience. Also enclosed is a comprehensive set of contracting guidelines to assist you with the process. If you have any questions or need additional information, please contact your Project Manager, Kari Sample, at(360)764-3090 or I<ari.sample@commerce.wa.gov. Sincerely, Tony Hanson, Deputy Assistant Director Local Government Division Karl Sample PROGRAM MANAGER Community Capital Facilities I Washington State Department of Commerce 1011 Plum Street PO Box 42525 Olympia, WA 98504 Cell: 360-764-3090 Email: kari.sample()commerce.wa.gov Program Website: https:%/www.commerce.wa. ovq /building-infrastructure/capital-facilities Work Schedule: Monday-Thursday 6:00 am to 4:30 pm w+;vyv_.cornmerce.wa.dav I Face000k I Twitter Linkedln Subscribe Email communications with state employees are public records and may be subject to disclosure, pursuant to Ch. 42..56 P;CW. 2 A Mason County Veterans Memorial Hall Refurbishment (Shelton) Amount Provided:$ 62,000 Sponsor(s): Griffey, Rep. Dan MacEwen, Rep. Drew Where is the project physically located? Address: 210 W. Franklin Street Shelton 98584 Mason District(s): 35 Coordinates: 47.213900000000002,-123.09999999999999 Project Contact Contact: Frank Pinter,Support Services Director Organization: Mason County Website: https://www.co.mason.wa.us/ Phone: 360-490-6623 E-mail: fpinter@co.mason.wa.us Address: 411 N. 5th Street Shelton WA 98584 Is the organization that will manage the funding different from the project contact organization? No If it is different, please provide the name of the organization or fiscal agent that will manage the funding. Organization Information Is the requesting organization registered with the state as a non-profit organization? No If answered no, is the applicant a local government? Yes Project Information: (1) Briefly describe the goal of the project. This a project to update our Veterans Memorial Hall which was granted to the County in 1924 and built in 1904.As such it requires continued maintenance and repair to maintain it in a manner that respects its purpose and stature but continues to allow its use. It is used by the VFW Post 1694, DAV Chapter#60, the Mason County Advisory Board and Veterans Assistance Screening Committee. It require replacement of failing windows and substandard (floating)floors. (2) Describe coordination with local officials to include city or county planning and permit offices. This project requires the coordination with city building department permitting as well as Mason County Planning review along with the Mason County Historic Preservation Society. (3) Describe consultation with affected tribes:current and future consultations necessary to start work on this project. DAHP review will need to be initiated as this building will not have ground disturbance, but it is more than 45 years old. (4) Describe coordination with Department of Archaeology&Historic Preservation. There will need to be coordination with Historic Preservation to maintain conformity with window and flooring treatment in line with proper period aesthetics. (5) Describe coordination with the Department of Ecology necessary to meet requirements of SEPA. This is not applicable (6) Will the entire project be completed after this funding request? Yes (a) Describe the estimated cost and schedule for each remaining phase of the project. The windows will cost$50,000 and the floors will cost$10,000 (b) Describe what discrete phase of the project will be completed with the funding from this request and how this phase will benefit the public. The entire project will be completed with this funding (7)Start and Completion Dates: 2021-2022 (8) Eligible Project Type or Phase Land Acquisition - Demolition and Site Preparation - Design - New Construction - Renovation $ 60, 000 Other- - Total Funding Requested $ 61, 800 NOTE:Total Funding includes a mandatory Commerce Administrative Fee of up to 3% (up to$50,000) (9) Is this a joint project? No (a) If yes, has a joint operating agreement been signed? (b) If yes,list the partners for the project. (10) Is the site owned,optioned for purchase,or under a lease Owned (11) Does the applicant understand and agree that any and all real property owned,optioned for purchase,or under a lease,that is acquired,constructed,or otherwise improved using state funds approved by the Legislature must be held and used for the purposes stated in this application for at least ten years from the date of the final payment made for the project? Yes (12) What amount and what percentage of local, federal and state funding has the applicant secured to date? 200,000 (13) Besides the amount being requested,what amount of local,federal or other state funding does the applicant plan on securing in the future in order to complete the project? Please list by program. 0 (14) Please list all past efforts to obtain state funding through the member requested local community project form, including the legislative session and the amount of funding obtained. none (15) Once completed, how will the project fund its ongoing maintenance and operation? no (16) Will this project have a revenue-generating component that would have community and state economic benefit? Please describe and quantify. no (17) Please quantify any long-term job creation that will result from this project. There is no long term job creation, however it is and has been a facility for volunteer assistance to veterans for over 100 years (18)Are there any existing or anticipated community concerns about this project(i.e. conflict with land use, neighborhood concerns, other)that would prevent it from moving forward? none MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Requests for Supplemental Appropriations and Amendments to the 2021 Budget- 211 Budget Hearing for 2021 EXECUTIVE SUMMARY: Requests for the second budget hearing for supplemental appropriations and amendments to the 2021 budget are attached. This amendment is not included in the budget calendar and was requested due to needed expenditure authority from several funds and departments. BUDGET IMPACT: Total increase to 2021 authorized expenditure appropriations: $4,385,106, breakdown: General Fund (001): $149,838 Community Support Services (117): $3,019,883 Community Services Health (150): $304,000 REST- 1 (350): $884,385 Total impact to ending fund balances: Decrease of$1,031,232, breakdown: General Fund (001): Decrease of $146,847 REET 1 Fund (350): Decrease of $884,385 PUBLIC OUTREACH: RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive weeks prior to the budget hearing. RECOMMENDED OR REQUESTED ACTION: Request to set a public hearing for August 17th at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2021 budget. ATTACHMENTS: Proposed 2021 Budget Amendment #2 Detail & Detailed Budget Entries ATTACHMENT A TO RESOLUTION NO. 2021 BUDGET AMENDMENT#2 DETAIL 2021 2021 FUND REVENUE EXPENDITURE LINE NO. FUND NAME DEPARTMENT CHANGE CHANGE DESCRIPTION AOC FUNDING FOR COVID RELATED 1 001 GENERAL FUND SUPERIOR COURT 2,991 2,991 EXPENDITURES COMMUNITY TREASURY RENT ASSISTANCE PROGRAM GRANT 2 117 SUPPORT SERVICES 3,019,883 3,019,883 FUNDING COMMUNITY LHJ COVID OFM GRANT&COVID OUTREACH 3 150 SERVICES HEALTH 304,000 304,000 GRANT FUNDING JURY SUPPLIES&POSTAGE EXPENDITURE 4 001 GENERAL FUND CLERK 18,000 INCREASES DUE TO COVID BACKLOG EXTRA HELP INCREASE TO COVER RECEPTION 5 001 GENERAL FUND SUPPORT SERVICES 5,000 AREA COURTHOUSE ADD ONE ARMED OFFICER&ONE UNARMED 6 001 GENERAL FUND SECURITY 881847 OFFICER FOR BUILDING 10 STARTING 4/1/21 7 001 GENERAL FUND SUPERIOR COURT 35,000 JURY FEE INCREASES DUE TO COVID BACKLOG JUVENILE COURT 8 001 GENERAL FUND SERVICES (19,000) ADMINISTRATOR MOVED TO SUPERIOR COURT 9 001 GENERAL FUND SUPERIOR COURT 19,000 ADMINISTRATOR MOVED TO SUPERIOR COURT ADD$400K FOR BALANCE OF PHASE 1.5&$100K 10 350 REET 1 500,000 FOR PHASE 2 OF BLDG 10 REMODEL PAYOFF INTERFUND LOAN FROM COUNTY ROAD 11 350 REET 1 309,385 TO REET 1 FOR LOWER HALF OF BUILDING#8 12 350 REET 1 75,000 MCSO GYM REMODEL GENERAL FUND TOTAL 2,991 149,838 OTHER FUNDS TOTAL 3,323,883 4,208,268 ALL FUNDS GRAND TOTAL 3,326,874 4,358,106 Page 1 of 1 ATTACHMENT B TO RESOLUTION NO. 2021 BUDGET AMENDMENT#2 DETAILED BUDGET ENTRIES Line Proposed from Budgeted EFBI A Account Type I/D Revenue Expenditure EFB Change Total Description 1 001.000000.250.000.333.21.301906.0000.00. 2 1 2,991 AOC CARES 1 001.000000.250.000.512.21.510610.0000.00. 2 1 2,416 BAILIFF 1 001.000000.250.000.512.21.531020.0000.00. 2 1 382 JURY SUPPLIES _ 1 001.000000.250.000.512.21.535010.0000.00. 2 1 193 EQUIPMENT/FURNITURE 2 117.000000.000.200.333.21.302300.0000.00. 2 1 3,019,883 T-RAP GRANT 2 117.000000.000.200.565.40.541029.0000.00. 2 1 3,019,883 CHG PROFESSIONAL SERVICES 3 150.000000.100.000.333.21.301904.0000.00. 2 1 284,000 LHJ COVID OFM GRANT 3 150.000000.100.000.333.21.301908.0000.00. 2 1 20,000 COVID OUTREACH 3 150.000000.100.000.562.10.510025.0000.00. 2 1 33,000 ACCOUNTING TECH 3 150.000000.100.000.562.10.510100.0000.00. 2 1 30,000 CLERICAL 3 150.000000.100.000.562.10.541020.0000.00. 2 1 30,000 ADVERTISING 3 150.000000.100.000.562.10.549010.0000.00. 2 1 30,000 MISCELLANEOUS 3 150.000000.200.000.562.20.510130.0000.00. 2 1 45,000 COMM HEALTH SPECIALIST 3 150.000000.200.000.562.20.510610.0000.00. 2 1 23,000 EXTRA HELP 3 150.000000.200.000.562.20.510620.0000.00. 2 1 23,000 EXTRA HELP 3 150.000000.200.000.562.20.512000.0000.00. 2 1 50,000 OVERTIME 3 150.000000.300.000.562.50.541010.0000.00. 2 1 40,000 PROFESSIONAL SERVICES 4 001.000000.070.000.512.30.531030.0000.00. 1 1 5,000 JURY SUPPLIES 4 001.000000.070.000.512.30.542030.0000.00. 1 1 13,000 JURY POSTAGE 4 001.000000.320.000.508.80.500000.0000.00. 1 D 18,000 1,879,033 END FUND BALANCE UNRESERVED 5 001.000000.090.000.513.10.510600.0000.00. 1 1 5,000 EXTRA HELP 5 001.000000.320.000.508.80.500000.0000.00. 1 D 5,000 1,874,033 END FUND BALANCE UNRESERVED 6 001.000000.208.000.512.21.541010.0000.00. 1 1 88,847 PROFESSIONAL SERVICES 6 001.000000.320.000.508.80.500000.0000.00. 1 D 88,847 1,785,186 END FUND BALANCE UNRESERVED 7 001.000000.250.000.512.21.510023.0000.00. 1 1 5,000 MISC COURT COMMISSIONER 7 001.000000.250.000.512.21.510610.0000.00. 1 1 10,000 BAILIFF 7 001.000000.250.000.512.21.549020.0000.00. 1 1 20,000 JURY FEES 7 001.000000.320.000.508.80.500000.0000.00. 1 D 35,000 1,750,186 END FUND BALANCE UNRESERVED 8 001.000000.170.000.523.31.510010.0000.00. 1 D 19,000 ADMINISTRATOR 9 001.000000.250.000.512.21.510035.0000.00. 1 1 19,000 CHIEF SUPERIOR COURT ADMINISTR 10 350.000000.300.000.594.12.562000.0000.00. 1 1 500,000 CAP IMPROVMNTS-JUDICIAL BLDGS 10 350.000000.000.000.508.10.500000.0000.00. 1 D 500,000 END FUND RESERVED 11 350.000000.900.000.581.20.579105.0000.00. 1 1 308,445 INTERFUND LOAN PRIN-BLDG#8 11 350.000000.900.000.592.18.582105.0000.00. 1 1 940 INTERFUND LOAN INT-BLDG 8 11 350.000000.000.000.508.10.500000.0000.00. 1 D 309,385 - END FUND RESERVED 12 350.000000.300.000.594.21.562010.0000.00. 1 1 75,000 MCSO GYM REMODEL 12 350.000000.000.000.508.10.500000.0000.00. 1 D 75,000 - END FUND RESERVED General Fund Total: 2,991 149,838 146,847 7,288,438 Other Funds Total: 3,323,883 1 4,208,268 884,385 All Funds Grand Total: 3,326,874 4,358,106 1,031,232 Page 1 of 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ✓ Other— Potential IT Steering Committee Group ITEM: Resolution for the Establishment of the Mason County Information Technology Steering Committee EXECUTIVE SUMMARY: Information Technology (IT) is one of the few functions within an entity that touches virtually all other areas of the entity; it's at the heart of everything we do here at Mason County. The County has a responsibility for information technology oversight that is currently filled by the IT department. The development of the IT Steering Committee will help bring stakeholders together to create a centralized framework that institutionalizes the BOCC's ongoing oversight of the County's information technology regarding compatibility, risk, safety, security, alignment with goals, prioritization of projects, and strategic planning. BUDGET IMPACT: None at this time, but will most likely save the County an immeasurable amount in the future PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Recommend the Board review, and adopt at the next Board meeting, the resolution for the establishment of the Mason County Information Technology Steering Committee ATTACHMENTS: Draft resolution for the establishment of the IT Steering Committee Briefmg Summary 7/6/2021 RESOLUTION NO. A RESOLUTION FOR THE ESTABLISHMENT OF THE MASON COUNTY INFORMATION TECHNOLOGY STEERING COMMITTEE WHEREAS,the Mason County Information Technology Steering Committee (IT Steering Committee) shall be comprised of the Information Technology Manager,the Network Engineer, a Commissioner and their designees charged by the Board of County Commissioners (BOCC) with overseeing how the County fulfills its responsibility for information technology.The Information Technology Manager shall be the Chair of the committee; and WHEREAS, an IT Steering Committee helps the BOCC meet its responsibility by creating a centralized framework that institutionalizes the BOCC's ongoing oversight of the County's information technology regarding compatibility, risk, safety, security, alignment with goals, prioritization of projects, and strategic planning; and WHEREAS, an IT Steering Committee serves as a clearinghouse for administering, assisting and advising County departments on the purchasing of new software and hardware; and WHEREAS, departments shall get approval from the IT Steering Committee prior to purchasing new software or hardware; and WHEREAS,the size of the committee should be large enough to permit meaningful discussion and deliberation, but not so large as to impede the committee's efficient operation; and WHEREAS, in the course of its work,the IT Steering Committee should convene as a committee to develop policies and procedures to align with and strategically plan for the adequacy of information technology of the County and report back to the BOCC on at least a quarterly basis. NOW THEREFORE BE IT RESOLVED, by the Mason County Board of Commissioners, that we hereby establish the Mason County Information Technology Steering Committee to fulfill the County's responsibility regarding information technology. APPROVED this day of , 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair ATTEST: McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA Sharon Trask, Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: June 28, 2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ✓ Other — Audit Committee & Finance Committee ITEM: Resolution to pay off the interfund loan from Current Expense to County Road for the lower half of Building 8, Amending Resolution No. 65-10 EXECUTIVE SUMMARY: In 2010, Resolution No. 65-10 was adopted by the Board for the purchase of the lower floor of Building 8 from County Road to Current Expense. The total sales price was set at $664,263.30, with a total interfund loan principle balance of $609,197.30, interest rate of 2.27% (State Pool rate plus 2%), and a twenty-year term. We are currently eleven years into the twenty-year loan. Through June of 2021, payments of $300,752.10 principle and $116,411.60 interest, have been made from the REST- 1 Fund to the County Road Fund. The principle balance due on the loan is currently $308,445.20. There are several reasons to pay off this interfund loan early: • The cash for the principle payoff amount of $308,445.20 is available and unobligated in the REST 1 Fund • The payoff will save the County approximately $31,930.60 in interest over a nine-year period • SAO states interfund loans must be"temporary"and that anything over a three-year interfund loan term is considered a permanent diversion; the pay-off of this loan will bring the County into compliance with this standard BUDGET IMPACT: $308,445.20 principle and $939.82 interest, based on July 20th pay-off date PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Recommend the Board approves the Resolution to pay off the interfund loan for the Current Expense purchase of the Road Fund's interest in the property known as Mason County Building 8, Parcel Number 32019-51-04001, established in Resolution No. 65-10, at the July 20th Board Meeting. ATTACHMENTS: Resolution to pay off the interfund loan Briefmg Summary 7/6/2021 RESOLUTION NO. A RESOLUTION TO PAY OFF THE INTERFUND LOAN FOR THE CURRENT EXPENSE PURCHASE OF THE ROAD FUND'S INTEREST IN THE PROPERTY KNOWN AS MASON COUNTY BUILDING 8, PARCEL NUMBER 32019-51-04001, ESTABLISHED IN RESOLUTION NO. 65-10 WHEREAS, RCW 36.32.120 states "the board of county commissioners... have the care of the county property and the management of the county funds and business"; and WHEREAS,the purchase of the Road Fund's interest in the property known as Mason County Building 8, as well as a twenty-year interfund loan with a principle balance of$609,197.30 and interest rate of 2.27%was established by Resolution No. 65-10; and WHEREAS, principle payments in the amount of$300,752.10 and interest payments in the amount of $116,411.60 have been made as scheduled through June 1, 2021; and WHEREAS,the Board of County Commissioners (BOCC) wishes to pay off the interfund loan early due to the availability of unobligated funds in the REET 1 Fund. WHEREAS,the principle balance on July 20, 2021 is$308,445.20 and the interest due on the principle at this date is$939.82 (calculated as$19.18 daily interest multiplied by 49 days for the period June 2, 2021 through July 20, 2021); and WHEREAS,the early pay-off of the interfund loan will save the REET 1 Fund $31,930.60 in interest; and WHEREAS,the pay-off of this loan will bring the County into compliance with the State Auditor's Office recommendation that interfund loans be temporary and not a permanent diversion of funds. NOW THEREFORE BE IT RESOLVED,that the Mason County Board of Commissioners does hereby agree to pay the principle balance of$308,445.20 and the interest due on July 20, 2021 of$939.82 from the REET 1 Fund to the County Road Fund to satisfy the terms of the interfund loan originally established by Resolution No. 65-10. APPROVED this day of , 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair ATTEST: McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA Sharon Trask, Commissioner C:Auditor Finance,Treasurer,County Road Fund Hit r' :r.' » •� ._S: �. Skokomish Legal Department N.80 Tribal Center Road Tel: 360.877 2100 ext.2071 Skokomish Nation,WA 98584 Fax:360.877.2104 July 7, 2021 Sent via email: fpinter((k)co.mason.wa.us only Frank Pinter Mason County Administrator 411 N. Sth Street Shelton, WA 98584 Re: Parcel sale 42 1 1 0-4 1-000 1 1 Dear Mr. Pinter: Thank you for speaking with our office on the phone this morning regarding the parcel referenced above. The Skokomish Tribe would like to make an offer to purchase this property from Mason County for the minimum bid price listed prior to the Commissioners removing this parcel from the auction sale. The offer price is$1,664.00. Please give our office a call or respond by email with any response and/or counteroffer the County wishes our Council to consider. We look forward to working with you. Very truly yours, " )) a.��--- LESLIE MACMILLAN Sr. Paralegal/Land Manager SKOKOMISH INDIAN TRIBE: PF LF SLD-01000-L TR(April2014) Wt . { U Nt ... _ 7/7/2021 RCW 36.35.150:Tax-title property may be disposed of without bids in certain cases—Disposal for affordable housing purposes. RCW 36.35.150 Tax-title property may be disposed of without bids in certain cases—Disposal for affordable housing purposes. (1) The county legislative authority may dispose of tax foreclosed property by private negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes in any of the following cases: (a) When the sale is to any governmental agency and for public purposes; (b) when the county legislative authority determines that it is not practical to build on the property due to the physical characteristics of the property or legal restrictions on construction activities on the property; (c)when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner; or (d) when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve months from the date of the attempted public auction. (2) Except when a county legislative authority purchases the tax foreclosed property for public purposes, the county legislative authority must give notice to any city in which any tax foreclosed property is located within at least sixty days of acquiring such property, and the county may not dispose of the property at public auction or by private negotiation before giving such notice. The notice must offer the city the opportunity to purchase the property for the original minimum bid under RCW 84.64.080, together with any direct costs incurred by the county in the sale. If the city chooses to purchase the property, the following conditions apply: (a) The city must accept the offer within thirty days of receiving notice, unless the county agrees to extend the offer; (b) The city must provide that the property is suitable and will be used for an affordable housing development as defined in RCW 36.130.010; and (c) The city must agree to transfer the property to a local housing authority or other nonprofit entity eligible to receive assistance from the affordable housing program under chapter 43.185A RCW. The city must be reimbursed by the housing authority or other nonprofit entity for the amount the city paid to purchase the property together with any direct costs incurred by the city in the transfer to the housing authority or other nonprofit entity. [ 2016 c 63 § 1; 2001 c 299 § 11; 1997 c 244 § 2; 1993 c 310 § 2; 1961 c 15 § 84.64.320. Prior: 1947 c 238 § 1; Rem. Supp. 1947 § 11295-1. Formerly RCW 84.64.320.] NOTES: Effective date-1997 c 244: See note following RCW 84.36.015. https://app.leg.wa.gov/RCW/default.aspx?cite=36.35.150 1/1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 7/12/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Clean Water District Advisory Committee EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Code Chapter 6.88 directs the Board of County Commissioners to formalize a new advisory committee. This committee would oversee the implementation of the clean water district, closure response plans and progress on existing and future grant projects. Staff has drafted a proposed resolution for the commission's review. BUDGET IMPACT: Staff expects this committee to meet quarterly. It is estimated to cost about $3,000 for staff participation in these meetings and administrative support for the committee. CWD funding will pay for these expenses. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) TBD RECOMMENDED OR REQUESTED ACTION: Review of draft resolution and discuss timeline and process towards adoption. ATTACHMENTS: Draft Resolution Briefing Summary 7/6/2021 RESOLTUION NO. CREATION OF THE MASON COUNTY CLEAN WATER DISTRICT ADVISORY COMMITTEE WHEREAS, the Mason County Board of County Commissioners adopted the Mason County Clean Water District on May 11th, 2021, per Chapter 90.72 RCW, to address non-point pollution sources affecting shellfish harvest areas; and WHEREAS, State law(Chapter 90.72 RCW) allows for the county legislative authority to appoint a local advisory council to advise in implementation of shellfish protection programs. WHEREAS,the creation of the Mason County Clean Water District and adoption of Mason County Code Chapter 6.88 directs the Mason County Board of County Commissioners to create an advisory committee to assist in implementing the purposes and goals of the clean water district; and WHEREAS, Mason County has many partnering agencies and entities interested in preservation of clean water and shellfish harvest activities. NOW, THEREFORE, BE IT RESOLVED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that the Mason County Clean Water District Advisory Committee is created; and BE IT FURTHER RESOLVED that the Advisory Committee shall have the following nine (9) official members with the following initial terms. • 1 Representative of the Mason County Board of County Commissioners ongoing • 1 Citizen from (residing within)the Clean Water District 2 years • 1 Citizen from (residing within)the Clean Water District 3 years • 1 Representative from Mason County Community Services ongoing • 1 Representative from Mason Conversation District ongoing • 1 Representative from the Squaxin Island Tribe ongoing • 1 Representative from the Skokomish Tribe ongoing • 1 Representative of the Commercial Shellfish Growers ongoing • 1 Representative from City of Shelton ongoing Organizations listed with "ongoing" terms will determine their representatives. Citizen member positions shall be appointed by the Mason County Board of County Commissioners as described in the Boards and Commissions Handbook. After Initial terms, members will serve 3-year terms. DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy, Neatherlin, Chair McKenzie Smith, Clerk of the Board Sharon Trask, Commissioner APPROVED AS TO FORM: Tim Whitehead Kevin Shutty, Commissioner Chief Deputy Prosecuting Attorney MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen &Alex Paysse DEPARTMENT: Community Services EXT: 279 BRIEFING DATE: 7/12/2021 ITEM: Monthly Permitting and Complaints Update EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Permits June 2020 June 2021 Change MCCS Permits submitted 494 562 +13% MCCS Permits issued 340 472 +38% Includes permits from Building, Planning, Fire, and Environmental Health Average Permit Review Time for June 2021 (submittal to issuance) • New Single-Family Residence 70 days • New Manufactured Home 46 days • Garage/ Storage 71 days • Carport/ Deck/ Covered 81 days • Addition or Remodel 65 days • New Commercial Permit 63 days • Residential Sewage Disposal Permit 28 days Complaints June 2020 June 2021 Change Complaints received 28 32 +14% Complaints resolved/closed 9 4 -550/0 Includes complaints from Building, Planning, Fire, and Environmental Health RECOMMENDED OR REQUESTED ACTION: No formal requests currently. Briefing Summary 7/6/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: June 28, 2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal X Other: Public Works ITEM: Place on the July 20 Action Agenda: Contract Amendment and Extension for the Planned Action EIS for Belfair. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Community Services is working with BERK Consulting to assist in preparing a Planned Action EIS for the Belfair Urban Growth Area. The County received several comments regarding the published Draft of the Planned Action EIS. After review, it has been determined that the County and Consultant Team need additional time and information to adequately address all comments prior to selecting a preferred alternative. Staff is recommending extending the contract to December 31, 2021. The budget amendment is not known at the time of this Briefing deadline; however, it is expected that an amended budget will be available prior to the Monday Briefing. BUDGET IMPACT: Will bring budget increase estimate to briefing. RECOMMENDED OR REQUESTED ACTION: Place on the July 20, 2021 Action Agenda: Contract extension and budget amendment for the Planned Action EIS for Belfair. ATTACHMENTS: None Briefmg Summary 7/6/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Community Development EXT: 286 BRIEFING DATE: 7/12/2021 PREVIOUS BRIEFING DATES: 8/3/2020 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources 1� Legal ❑ Other — please explain ITEM: Request to have Permit Center extension (352) on message mode from noon until 1:00 p.m. for the lunch hour. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Permit Assistance Center is open to the public from 8:00 a.m. to 4:30 p.m. Monday through Friday with exception from noon to 1:00 p.m. when it is closed for lunch. We are requesting to also have the"352"extension on message mode from noon to 1:00 p.m. Representatives from DCD and EH recently went through a two week Lean process in which we learned it is sometimes good to"go slow to go fast'. Slowing down to plan how to tackle large, time consuming processes can make a difference between doing it right or doing it twice. DCD is now operating with two full-time and one part-time clerical staff who are motivated as a team to tackle the looming projects that currently burden the department. The lunch closure will give multiple opportunities throughout the week for the clerical team to brainstorm, problem solve and plan. BUDGET IMPACT: None. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Approve the use of message mode for extension "352"for the noon to 1:00 p.m. lunch hour. ATTACHMENTS: None. Briefing Summary 7/7/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom / Lydia Buchheit DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Contract Renewals: Homeless Crisis Response System 2021 — 2023 Biennium New Consolidated Homeless Grant and 2163 Local Document Recording Fees awards EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Consolidated Total Total Agency Programs 2163 Homeless TST Annual Biennial Grant(CHG) Award Award Mason Co. CFH Administration $15,000 $68,784 $83,784 $167,568 Community Action Housing and Essential $1,200,503 $1,200,503 $2,401,006 Council Needs 7 months, Adult Community Lifeline emergency shelter& $165,010 $165,010 $330,020 year-round case management Coordinated Entry, Crossroads Housing Family Shelter, Rental $247,500 $168,050.50 $40,000 $455,550.50 $911,101 Assistance, Transitional Housing Federal match; case Shelton Family Center management homeless $35,990 $35,990 $71,980 youth Turning Pointe Shelter Staff and motel $51,500 $51,500 $103,000 vouchers TOTAL 1 $500,000 $1,437,338 $40,000 $1,977,338 $3,954,675 BUDGET IMPACT: Administration retention PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) Contract renewal application process; Housing and Behavioral Health Advisory Board Briefing Summary 7/2/2021 RECOMMENDED OR REQUESTED ACTION: Approval to enter into contract with Department of Commerce and subcontract with Crossroads, Community Lifeline, Turning Pointe and Shelton Youth Connection. ATTACHMENTS: Commerce Contract, subcontracts Briefing Summary 7/2/2021 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 `s . Washington State • Commerce Interagency Agreement with Mason County Public Health through Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG) Start date: July 1, 2021 DocuSign Envelope ID: EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 TABLE OF CONTENTS Special Terms and Conditions 1. Authority...............................................................................................1 2. Contract Management...........................................................................................1 3. Compensation........................................................................................................1 4. Billing Procedures and Payment............................................................................1 5. Eligible Use of Funds.............................................................................................2 6. Insurance.............................................................................................2 7. Subcontractor Data Collection...............................................................................2 8. Order of Precedence..............................................................................................2 General Terms and Conditions 1. Definitions..............................................................................................................3 2. All Writings Contained Herein................................................................................3 3. Amendments..........................................................................................................3 4. Assignment............................................................................................................3 5. Confidentiality and Safeguarding of Information....................................................3 6. Copyright................................................................................................................4 7. Disputes.................................................................................................................4 8. Governing Law and Venue...............................................:....................................4 9. Indemnification.......................................................................................................5 10. Licensing, Accreditation and Registration .............................................................5 11. Recapture..............................................................................................................5 12. Records Maintenance............................................................................................5 13. Savings..................................................................................................................5 14. Severability..................................................................... ..........5 ............................. 15. Subcontracting.......................................................................................................5 16. Survival..................................................................................................................6 17. Termination for Cause...........................................................................................6 18. Termination for Convenience.................................................................................6 19. Termination Procedures ........................................................................................6 20. Treatment of Assets...............................................................................................7 21. Waiver....................................................................................................................7 Attachment A, Scope of Work Attachment B, Budget ii DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 FACE SHEET Contract Number: 22-46108-20 Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant CHG FN6th 2.Contractor Doing Business As(optional) Public Health N/A 98584 3.Contractor Representative 4.COMMERCE Representative Casey Bingham Jessica Simon 1011 Plum Street SE Fiscal Manager Grant Manager Olympia,Washington,98504- 360-427-9670 ext 562 (360)972-4143 2525 caseyb(cr)co.mason.wa.us jessica.simon@commerce.wa.gov 5.Contract Amount 6.Funding Source 7.Start Date 8.End Date $2,874,675.00 Federal: ❑ State:❑ Other: ® N/A: ❑ July 1,2021 June 30,2023 9.Federal Funds(as applicable) Federal Agency: CFDA Number N/A N/A N/A 10.Tax ID# 11.SWV# 12.UBI# 13.DUNS# N/A SWV0001893-04 232002101 N/A 14.Contract Purpose This grant provides resources to assist people who are experiencing homelessness obtain and maintain housing stability. Grantees and subgrantees must prioritize unsheltered homeless households for assistance and services 15.Signing Statement COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference:2022-2023 CHG Information and Budget workbook,CHG Guidelines(as they may be revised from time to time), and Contract Terms and Conditions including Attachment"A"—Scope of Work and Attachment`B"— Budget. FOR CONTRACTOR FOR COMMERCE Randy Neatherlin,BOCC Chair Diane Klontz,Assistant Director Community Services and Housing Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/22/2019. APPROVAL ON FILE. iii DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed the Contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. Grantee's compensation for services rendered shall be in accordance with Attachment B—Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by COMMERCE on a case-by-case basis. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE's Grants Management System (CMS), which is available through the Secure Access Washington (SAW) portal. Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants,for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 5. ELIGIBLE USE OF FUNDS Funding awarded under this Grant may only be used for eligible activities and expenses described in the CHG Program Guidelines. These Guidelines are incorporated by reference. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. Contractor shall provide upon requested to COMMERCE a summary of coverages and a letter of self-insurance,evidencing continued coverage under Contractor's self-insured/liability pool or self-insured risk management program. 7. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget • CHG Guidelines, incorporated by reference on the Face Sheet State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE"shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances,education, business,use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State"shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor.The terms "subcontractor"and "subcontractors" mean subcontractor(s)in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law.The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)working days of any unauthorized use or disclosure of any confidential information,and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials,including all intellectual property rights,moral rights,and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions."Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute,prepare derivative works,publicly perform,and publicly display.The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract.The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws,and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 4 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six(6)years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE,.personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a)require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b)prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1)was not in default; or(2)failure to perform was outside of his or her control,fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. State of Washington Interagency Agreement Updated August 2019 Department of commerce Page 6 DocuSign Envelope ID: EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed,would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor,for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor.Title to other property,the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii)commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 Attachment A Scope of Work A. Grantees shall commit to operating a high-performing crisis response system in their county by: a. Prioritizing unsheltered homeless households and households fleeing violence for services and programs. b. Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. c. Employing a progressive engagement service model. d. Prioritizing households most likely to become homeless when using prevention rent assistance. B. Grantees shall submit the following monthly deliverables on time with truthful, accurate information: a. Invoice and Voucher Detail Worksheet for reimbursement b. Required report(s)from HMIS included with the Invoice C. Grantees shall submit the following deliverables on time with truthful,accurate information: a. Local Homeless Housing Plan Updates. b. Annual County Report/Homeless Housing Inventory including Point-In-Time Count information. c. Essential Needs Report. d. Grantees shall commit to reporting complete quality data that is timely,truthful and accurate. D. Grantees shall comply with all of the requirements, policies and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. E. Grantees shall commit to participating in developing new performance measures that will be finalized by January 2022. DocuSign Envelope ID:EBCC78E7-5487-4256-BAA8-0O2B4742DFE9 Attachment B Budget Budget Total Admin $50,488.00 Rent/Fac Support Lease $116,000.00 Other Rent/Fac Support Lease and Housing Costs $66,101.00 Operations $104,000.00 PSH CHF Rent/Fac Support Lease $39,000.00 PSH CHF Other Rent/Fac Support Lease and Housing $1,000.00 Costs PSH CHF Operations $10,000.00 HEN Admin 2022 $87,081.00 HEN Rent/Fac Support and Housing Costs 2022 $867,722.00 HEN Operations 2022 $289,240.00 HEN Admin 2023 $87,081.00 HEN Rent/Fac Support and Housing Costs 2023 $867,722.00 HEN Operations 2023 $289,240.00 Total $2,874,675.00 Docuftr certificate of Completion - Envelope Id:EBCC78E754874256BAA8CO2B4742DFE9 Status:Sent Subject:Please DocuSign:Routing memo.docx,Mason CHG SFY22-23 Agreement.pdf Division: Community Services and Housing Program:CHG ContractN umber:22-46108-20 Source Envelope: Document Pages:13 Signatures:0 Envelope Originator: Certificate Pages:5 Initials:0 Jessica Simon 1011 Plum Street SE AutoNav:Enabled MS 42525 Envelopeld Stamping:Enabled 25 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,mo 9comm rce jes sica.si mon @commerce.wa.gov IP Address:147.55.134.115 Record Tracking Status:Original Holder:Jessica Simon Location:DocuSign 6/25/2021 9:24:25 AM jessica.simon@commerce.wa.gov Security Appliance Status:Connected Pool:Statel-ocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign Signer Events Signature Timestamp Sent:6/30/2021 10:23:05 AM Todd Parker Viewed:6/30/2021 11:37:54 AM tparker@GO.mason.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:6/30/2021 11:37:54 AM ID:b04lf29e-5329-4ac3-a660-363e8869691c Lydia Buchheit lydiab@co.mason.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign McKenzie Smith msmith@co.mason.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Randy Neatherlin randyn@co.mason.wa.us. Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Klontz diane.klontz@commerce.wa.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature _ ; Timestamp i- �'�i*+'4T2'. Editor Delivery Evens Status Timestamp Agent Delivery Events Status Timestamp F Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Kathy Kinard Sent:6/25/2021 9:36:13 AM Kathy.Kinard@commerce.wa.gov LVIEWED Viewed:6/30/2021 8:30:27 AM Security Level:Email,Account Authentication (None) Using IP Address:198.239.10.226 Electronic Record and Signature Disclosure: Not Offered via DocuSign Tedd Kelleher VIEWED Sent:6/30/2021 8:30:27 AM tedd.kelleher@commerce.wa.gov Viewed:6/30/2021 10:23:04 AM Senior Managing Director Washington State Department of Commerce Using IP Address:147.55.149.160 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Diane Zoren dlz@co.mason.wa.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/25/2021 9:36:13 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM Parties agreed to:Todd Parker ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account,you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per-page fee.You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further,you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name,mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name,mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:HsMort docusign com/guides/signer-guide- sig_ning-system-requirements. 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MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # CAC:2021-2023.CHGHEN THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Community Action Council hereinafter referred to as "CONTRACTOR." Contracted Entity Community Action Council Address 3020 Willamette Dr. NE City, State, Zip Code Lacey, WA 98516 Phone 360-438-1100 Primary Contact Name, Title Kirsten York, Executive Director Primary Contact Phone & E-mail 360-438-1100 ext l l35; krsten caclmt.or Contractor Fiscal Contact Sharrie Shumwa Contractor Fiscal Phone & Email 360-438-1100 ext l l29; sharries cacimt.or Washington State UBI# 600 503 120 Federal EIN 91-0818368 Total Award/Contract Value $2,401,006 Annual 2163 Funds Awarded None Annual 2060 Funds Awarded none Annual CHG Funds Awarded none Annual HEN Funds Awarded $1,200,503 Contract Term Duration July 1, 2021 - June 30, 2023 County Contract Contact L dia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Casey Bingham, Fiscal Manager Count Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE This grant provides resources to assist people who are experiencing homelessness obtain and maintain housing stability. 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: Housing RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name &Title Tim Whitehead, Chief DPA Date ■ Professional Services Contract(rev 04/2019) 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) c. Organizations Strategic Plan (if available) d. Annual Report (if available) e. Overall Organizational Budget (previous calendar or fiscal year) f. Organizational Chart g. Program Policies and Procedures h. Job Descriptions of personnel working directly or indirectly in the program i. Contract Orientation: Attendance at orientation is mandatary. Prior approval and make-up arrangement are necessary if unable to attend orientation meeting. Funding Source: Department of Commerce Consolidated Homeless Grant, Housing and Essential Needs (HEN) 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, the most recent Housing RFP Application, 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 may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all applicable terms of the Grant. Amendments and Extension: This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 Professional Services Contract (rev 04/2019) Page 2 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 updates if there are any changes to the staffing plan or hiring delays. 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. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work performed, the progress of the project and fees. The invoice shall include the contract number. Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY may request a review of the documentation prior to payment or as part of a contract monitoring process. Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any accompanying reports. 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. ■ Professional Services Contract(rev 04/2019) Page 3 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. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Payment is on the assumption that 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 State or local funds are not available to the 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. 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. 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— SCOPE OF SERVICE, 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: 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 Professional Services Contract (rev 04/2019) Page 4 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. 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: 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. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract requirements and performance, invoices, reports and Scope of Services (Exhibit A). If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or (b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical ■ Professional Services Contract (rev 04/2019) Page 5 ' assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the corrective actions can result in early contract termination, as outlined in Contract Guidance Manual. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product including plans, narrative reports, and data reports, to release the final payment for services within sixty (60) calendar days of contract completion or termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the contract term end date. Early Termination: The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined in Contract Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within sixty (60) days of termination to receive payment for any services up until the day of termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following termination. 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 ' Professional Services Contract(rev 04/2019) Page 6 paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. 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. 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. 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 ■ Professional Services Contract(rev 04/2019) Page 7 ' 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. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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 is approved, the 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 ■ Professional Services Contract (rev 04/2019) Page 8 ■ conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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 Prnfecsinnal Services Contract (rev 04/2019) Page 9 , 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. 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 ■ Professional Services Contract (rev 04/2019) Page 10 ■ 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. 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. ■ Professional Services Contract (rev 04/2019) Page 11 ' Contract Administration: 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: LydiaBO-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: caseybO-co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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. ' Professional Services Contract (rev 04/2019) Page 12 Order of Precedence: A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Contract Face Sheet C. Special Conditions D. General Terms & Conditions E. Exhibit B Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines 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. (blank space intentional) ■ Professional Services Contract(rev 04/2019) Page 13 ' EXHIBIT A Scope of Service Program: 1. Consolidated Homeless Grant's Housing and Essential Needs (HEN) Program Contractor Requirements: Refer to the Consolidated Homeless Grant Guidelines and the Mason County Grant Guidelines for more information regarding these requirements. This is a performance-based contract for services with the ability to meet deliverables and desired program and homeless crisis response system level outcomes. A. Compliance a. Abide by all WAC's and RCW's governing the funding, programmatic requirements and remain current to all legislative actions that impact funded programs and services. b. Responsible for all the information in the: i. RFP Application and/or Contract Renewal Application ii. RFP Instructions iii. RFP Disclosures iv. Consolidated Homeless Grant Guidelines v. Washington State Coordinated Entry Guidelines vi. Coordinated Entry Core Elements Guidebook vii. Washington State Local (5-year) Plan Guidelines and Mason County 5-year Local Plan viii. Mason County Contract Guidelines and Procedures Manual. c. Meet all Homelessness Management Information Systems (HMIS) data base requirements such as release of information, protection of personally identifying information, transferring data and data sharing agreements. d. Follow best practices and, if it applies, fidelity models for each project intervention type operated. e. Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines. All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. f. Enrollment Management: contractor agrees to manage funds and program enrollments, so money is available throughout the contract term, funds are spent down, and/or households are not terminated from the program. g. Services will be provided to program participants on a voluntary basis. h. Active role and count participant in the Point in Time Homeless Census Count B. Commit to ending homelessness in Mason County by working as a system and meeting project level and system performance measures by: a. Funding supports a Housing Crisis Response System and CONTRACTORS are expected to collaborate for the overall improvement of the system and system performance measurements as required by the Department of Commerce. In some cases, system performance involvement and measures will include the entire agency and not just the program(s) funded. b. Ability and commitment to meet Key Performance Measures by project type: i. Exits to Permanent Housing 1. Emergency Shelter= 50% 2. Rapid Rehousing = 80% 3. Transitional Housing = 80% Professional Services Contract (rev 04/2019) Page 14 4. Increase percentage of exits to permanent housing from all housing intervention projects to the level of the top performing 20 percent of homeless crisis response systems nationwide. ii. Unsheltered Prioritization: Serving at least 60% unsheltered homeless households iii. Returns to Homelessness 1. Raid Rehousing and Transitional Housing <- 5% 2. Emergency Shelter<_ 10% iv. Emergency Shelters: 1. Shelter Utilization: 95% utilization rate by bed for adult shelters and room occupancy for family shelters. 2. Create a notification system to key agencies (including law enforcement) of available beds 3. Follow CDC Guidelines on physical distancing and shelter protocol v. Data Quality 1. Rapid Rehousing and Transitional Housing Destination <- 5% unknown responses 2. Emergency Shelters <- 20% unknown responses vi. Data Timeliness: All program staff must enter/update project participant household data into HMIS within 10 calendar days following the date of project enrollment/exit. c. Commitment to ending homelessness for at least one subpopulation (Family, Adult, Youth, Veteran or Chronically Homeless) and work in the community as a system to accomplish this goal. d. A member of the Housing Task Force to develop the Local 5-year Plan and implement strategies and activities from the 5-year Plan to achieve objectives and measures of success. C. Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. a. Monthly, by the 10th of each month i. Invoice payment request. ii. HMIS Data Quality and Timeliness iii. Monthly Program Enrollment Report b. Quarterly, by the 10th of each month following the quarter i. Program Performance Report 1. Progress toward key performance measures (Section B directly above) 2. If performance is below the expected outcome, submit an action plan that describes the strategies and steps that will be taken and a projection of how much improvement will be made by the end of the contract year. Plans must be updated each quarter. ii. Coordinated Entry: Lead agency will submit a report that tracks the homelessness status of all households, engagements and housing placements for each household. iii. Landlord Outreach: All housing program intervention types that have "percent exit to permanent housing" goals are expected to conduct landlord outreach with the purpose to expand and retain landlords willing to rent to very low income and/or households requiring permanent supportive housing. Submit a log quarterly of these activities (this does not include calls on behalf of program participants). c. Annually i. Lead agency: Point in Time Count Report, due by February 15. CONTRACTORS are expected to assist the lead agency in conducting a comprehensive count and providing accurate data to the lead agency. ■ Professional Services Contract(rev 04/2019) Page 15 ' D. Consolidated Homeless Grant Subcontractors a. All items in the CHG Guidelines are delegated to the subcontractor. b. Subcontractor is responsible for all items in the contract between Mason County and the Department of Commerce c. Subcontractor is responsible for all CHG Guidelines (blank space intentional) Professional Services Contract (rev 04/2019) Page 16 Deliverable Schedule Item Date Due I Frequency Deliverable Name Description Criteria for Acceptance Target date July 30, but no Contract Requirements All requested information must 1 later than thirty(30) days of Special Conditions identified in the Special be current,complete,and the signature date by the Conditions Section accurate COUNTY Complete, accurate, and Monthly, as close to the 1st Monthly invoice& Back up approval signature. Back up 2 of each month as possible Invoice documentation documentation in the form of a general ledger A. Complete,timely, and accurate data using template(s) provided A. All new monthly program B. Data Timeliness: client data A. Monthly Enrollment enrollments and key community entered within 10 days of On or before the 10th of Report program referral and enrollment project start and exit 3 each month B. Data Quality&Timeliness tracking Data Quality: <_5%unknown (CHG 6.2) B. Data Timeliness and Data housing destination for RRH Quality Report and TH;<_20% unknown responses for emergency shelters A. Outcome of key performance measures- 1) exits to permanent housing, 2) A. Program Performance unsheltered prioritization,3) Report data quality and timeliness; B. Coordinated Entry B. Coordinated Entry—Lead A-F. All reports are received Tracking (5 yr. Plan Obj 1, agency to provide Tracking on time and are accurate; Report(access points assist proper and complete use of Quarterly, on or before the Measure of Success b) lead agency in data collection, templates; all directions 4 my of Oct., Jan.,April., & 2. Landlord Outreach (CHG accuracy and tracking); followed;Action plan to July D. RCW g Log CHG C. Landlord Outreach-list of accompany report for areas that D. Training Log (CHG 2te qualifying activities performed; are not tracking to meet E. Shelter Utilization Rate D. Staff training for the quarter program outcome benchmarks F. Grant Spend Down E. Shelter Utilization Rate Report F. Only for RRH programs (broken out by funding source) and any voucher budget items (e.g. motel vouchers) Annually, as described A. All activities associated with below: A. Point in Time Count planning, hosting event and A. Attempt a complete count of Planning and Event conducting surveys for the people experiencing 5 A. PIT Count Event B. PIT Count Report by lead annual Point in Time Homeless homelessness in Mason County Planning and Conduct: agency(all other agencies Census Count B. Truthful and accurate data, August—February; assist in data verification) B. Formal PIT Count Report of work with County and Dept of B. February 15-PIT Count the event, homeless census Commerce to verify data Report: data and demographics CONTRACTOR must use templates when provided by Mason County f Professional Services Contract (rev 04/2019) Page 17 , 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 five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all 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 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 04/2019) Page 18 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 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 04/2019) Page 19 , EXHIBIT C BUDGET Community Action Council Annual Biennium Amount Award HEN: Administration $43,541 $87,082 HEN: Rent/Facilities Support Lease and Other Housing $867,722 $1,735,444 Costs HEN: Operations $289,240 $578,480 Totals $1,200,503 $2,401,006 Payment: In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. The funding awarded may only be used for eligible activities and expenses. Payment is based on a reimbursement of allowable expenses. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Submit monthly invoices electronically to Todd Parker, tparker _co.mason.wa.us. The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • the name of the agency, • date submitted, • dates of service (e.g. report period), • contract number, • name of funding source, • reimbursement request per funding source, • Salary and benefits separated out, • any additional voucher detail worksheets, if required by the grant, • any HMIS reports required by the grant • a total reimbursement request for each funding source, and • a signature from the Executive Director, CEO, and/or Board Member. The invoice request must break out funding: 2163 (local document recording fees) and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. All consumable supplies must be pre-approved by the Finance Contact listed in this contract. ' Professional Services Contract (rev 04/2019) Page 20 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # CH:2021-2023.CHG-2163-TST THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Crossroads Housing hereinafter referred to as"CONTRACTOR." Contracted Entity Crossroads Housing Address 71 Sar ison Loop / P.O. Box 1777 City, State, Zip Code Shelton, WA 98584 Phone 360-427-6919; Prima Contact Name, Title Tanya Frazier, Executive Director Prima Contact Phone & E-mail 360-427-6919; exdirector hcc.net Contractor Fiscal Contact Carolyn Malanowski Contractor Fiscal Phone & Email 360-427-9670: csk hcc.net Washington State UBI# 601399556 Federal EIN 91-1569401 Total Award/Contract Value $91 I'll 01 Annual 2163 Funds Awarded $247,500 Annual 2060 Funds Awarded none Annual CHG Funds Awarded $168,050.50 Annual TST Funds Awarded $40,000 Contract Term Duration July 1, 2021-June 30, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Case Bin ham, Fiscal Manager Count Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE This grant provides resources to support a homeless crisis response system that assist's people who are experiencing homelessness obtain and maintain housing stability. 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: Contract renewal application, original RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date ■ Professional Services Contract (rev 04/2019) 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) c. Organizations Strategic Plan (if available) d. Annual Report (if available) e. Overall Organizational Budget (previous calendar or fiscal year) f. Organizational Chart g. Program Policies and Procedures h. Job Descriptions of personnel working directly or indirectly in the program Funding Source: Department of Commerce Consolidated Homeless Grant, Local Document Recording Fees (RCW 36.22.179) and Treatment Sale Tax (RCW 82.14.460). 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, contract renewal application, original Housing RFP Application, 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 may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all applicable terms of the Grant. Amendments and Extension: This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 Professional Services Contract (rev 04/2019) Page 2 includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if there are any changes to the staffing plan or hiring delays. 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. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work performed, the progress of the project and fees. The invoice shall include the contract number. Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY may request a review of the documentation prior to payment or as part of a contract monitoring process. Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any accompanying reports. 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. ■ Professional Services Contract (rev 04/2019) Page 3 ' 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. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Payment is on the assumption that 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 State or local funds are not available to the 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. 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. 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— SCOPE OF SERVICE, 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: 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, Professional Services Contract (rev 04/2019) Page 4 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. 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: 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. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract requirements and performance, invoices, reports and Scope of Services (Exhibit A). If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or (b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues ■ Professional Services Contract(rev 04/2019) Page 5 ■ are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the corrective actions can result in early contract termination, as outlined in Contract Guidance Manual. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product including plans, narrative reports, and data reports, to release the final payment for services within sixty (60) calendar days of contract completion or termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the contract term end date. Early Termination: The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined in Contract Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within sixty (60) days of termination to receive payment for any services up until the day of termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following termination. 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. Professional Services Contract (rev 04/2019) Page 6 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. 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. 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 ■ Professional Services Contract(rev 04/2019) Page 7 ■ 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. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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 is approved, the 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. Professional Services Contract (rev 04/2019) Page 8 Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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 ■ Professional Services Contract (rev 04/2019) Page 9 ■ indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit 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 ' Professional Services Contract (rev 04/2019) Page 10 caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. 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. Contract Administration: 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 ■ Professional Services Contract(rev 04/2019) Page 11 ■ 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: LydiaB(c)_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: caseyb(a).co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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. ' Professional Services Contract (rev 04/2019) Page 12 Order of Precedence: A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Contract Face Sheet C. Special Conditions D. General Terms & Conditions E. Exhibit B Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines 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. (blank space intentional) ■ Professional Services Contract (rev 04/2019) Page 13 ' EXHIBIT A Scope of Service Program: 1. Coordinated Entry: Lead Agency 2. Family Emergency Shelter: low barrier, year-round 7-unit continuous stay emergency shelter for families 3. Transitional Housing: 5 units of transitional housing 4. A centralized Rapid Rehousing Program with multiple funding sources Contractor Requirements: Refer to the Consolidated Homeless Grant Guidelines and the Mason County Grant Guidelines for more information regarding these requirements. This is a performance-based contract for services with the ability to meet deliverables and desired program and homeless crisis response system level outcomes. A. Compliance a. Abide by all WAC's and RCW's governing the funding, programmatic requirements and remain current to all legislative actions that impact funded programs and services. b. Responsible for all the information in the: i. Contract Renewal Application ii. Original RFP Application and/or Contract Renewal Application iii. Original RFP Instructions iv. Original RFP Disclosures v. Consolidated Homeless Grant Guidelines vi. Washington State Coordinated Entry Guidelines vii. Coordinated Entry Core Elements Guidebook viii. Washington State Local (5-year) Plan Guidelines and Mason County 5-year Local Plan ix. Mason County Contract Guidelines and Procedures Manual. c. Meet all Homelessness Management Information Systems (HMIS) data base requirements such as release of information, protection of personally identifying information, transferring data and data sharing agreements. d. Follow best practices and, if it applies, fidelity models for each project intervention type operated. e. Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines. All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. f. Enrollment Management: contractor agrees to manage funds and program enrollments, so money is available throughout the contract term, funds are spent down, and/or households are not terminated from the program. g. Services will be provided to program participants on a voluntary basis. h. Active role and count participant in the Point in Time Homeless Census Count i. Follow all CDC guidelines for shelter operations while the Covid19 pandemic is in effect B. Commit to ending homelessness in Mason County by working as a system and meeting project level and system performance measures by: a. Funding supports a Housing Crisis Response System and CONTRACTORS are expected to collaborate for the overall improvement of the system and system performance measurements as required by the Department of Commerce. In some cases, system performance involvement and measures will include the entire agency and not just the program(s) funded. Professional Services Contract (rev 04/2019) Page 14 b. Ability and commitment to meet Key Performance Measures by project type: i. Exits to Permanent Housing 1. Emergency Shelter = 50% 2. Rapid Rehousing = 80% 3. Transitional Housing = 80% 4. Increase percentage of exits to permanent housing from all housing intervention projects to the level of the top performing 20 percent of homeless crisis response systems nationwide. ii. Unsheltered Prioritization: Serving at least 60% unsheltered homeless households iii. Returns to Homelessness 1. Raid Rehousing and Transitional Housing <_ 5% 2. Emergency Shelter<_ 10% iv. Emergency Shelters: 1. Shelter Utilization: 95% utilization rate by bed for adult shelters and room occupancy for family shelters. 2. Create a notification system to key agencies (including law enforcement) of available beds 3. Follow CDC Guidelines on physical distancing and shelter protocol v. Data Quality 1. Rapid Rehousing and Transitional Housing Destination s: 5% unknown responses 2. Emergency Shelters <_ 20% unknown responses vi. Data Timeliness: All program staff must enter/update project participant household data into HMIS within 10 calendar days following the date of project enrollment/exit. c. Commitment to ending homelessness for at least one subpopulation (Family, Adult, Youth, Veteran or Chronically Homeless) and work in the community as a system to accomplish this goal. d. A member of the Housing Task Force to develop the Local 5-year Plan and implement strategies and activities from the 5-year Plan to achieve objectives and measures of success. C. Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. a. Monthly, by the 101h of each month i. Invoice payment request. ii. HMIS Data Quality and Timeliness iii. Monthly Program Enrollment Report b. Quarterly, by the 101h of each month following the quarter reported on i. Program Performance Report 1. Progress toward key performance measures (Section B directly above) 2. If performance is below the expected outcome, submit an action plan that describes the strategies and steps that will be taken and a projection of how much improvement will be made by the end of the contract year. Plans must be updated each quarter. ii. Coordinated Entry: Lead agency will submit a report that tracks the homelessness status of all households, engagements and housing placements for each household. iii. Landlord Outreach: All housing program intervention types that have "percent exit to permanent housing" goals are expected to conduct landlord outreach with the purpose to expand and retain landlords willing to rent to very low income and/or households requiring permanent supportive housing. Submit a log quarterly of these activities (this does not include calls on behalf of program participants). ■ Professional Services Contract (rev 04/2019) Page 1S c. Annually i. Lead agency: Point in Time Count Report, due by February 15. CONTRACTORS are expected to assist the lead agency in conducting a comprehensive count and providing accurate data to the lead agency. D. Consolidated Homeless Grant Subcontractors a. All items in the CHG Guidelines are delegated to the subcontractor. b. Subcontractor is responsible for all items in the contract between Mason County and the Department of Commerce c. Subcontractor is responsible for all applicable CHG Guidelines (blank space intentional) Professional Services Contract(rev 04/2019) Page 16 Deliverable Schedule tion Criteria for Acceptance Item Date Due/Frequency Deliverable Name Description Target date July 30, but no Contract Requirements All requested information must 1 later than thirty(30) days of Special Conditions identified in the Special be current, complete, and the signature date by the Conditions Section accurate COUNTY Complete,accurate, and Monthly, as close to the 1st Monthly invoice&Back up approval signature. Back up 2 Invoice documentation documentation in the form of a of each month as possible general ledger A. Complete,timely, and accurate data using template(s) provided A. All new monthly program pr pr client data A. Monthly Enrollment enrollments and key community entered within 10 days Data Timeliness: clie B. ie of On or before the 10th of Report program referral and enrollment project start and exit 3 each month B. Data Quality&Timeliness tracking Data Quality: <_5%unknown (CHG 6.2) B. Data Timeliness and Data housing destination for RRH Quality Report and TH; <_20% unknown responses for emergency shelters A. Outcome of key performance measures- 1) exits to permanent housing, 2) A. Program Performance unsheltered prioritization, 3) Report data quality and timeliness; Re p B. Coordinated Entry—Lead A-F. All reports are received B. Coordinated Entry agency to provide Tracking on time and are accurate; Tracking (5 yr. Plan Obj 1, Report(access points assist proper and complete use of Quarterly, on or before the Measure of Success b) lead agency in data collection, templates; all directions 4 10th of Oct., Jan., April., & C. Landlord Outreach (CHG accuracy and tracking); followed;Action plan to July 2.3, RCW 43.185c.240) C. Landlord Outreach-list of accompany report for areas that D. Training Log (CHG 2.1.6) qualifying activities performed; are not tracking to meet E. Shelter Utilization Rate D. Staff training for the quarter program outcome benchmarks F. Grant Spend Down E. Shelter Utilization Rate Report F. Only for RRH programs (broken out by funding source) and any voucher budget items (e.g. motel vouchers) Annually, as described A. All activities associated with below: A. Point in Time Count planning, hosting event and A. Attempt a complete count of Planning and Event conducting surveys for the people experiencing A. PIT Count Event B. PIT Count Report by lead annual Point in Time Homeless homelessness in Mason County 5 Planning and Conduct: Census Count B. Truthful and accurate data, agency(all other agencies August—February; assist in data verification) B. Formal PIT Count Report of work with County and Dept of B. February 15-PIT Count the event, homeless census Commerce to verify data Report: data and demographics CONTRACTOR must use templates when provided by Mason County Professional Services Contract(rev 04/2019) Page 17 ' 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 five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all 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 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 04/2019) Page 18 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 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 04/2019) Page 19 , EXHIBIT C BUDGET CHG 2163 LDR TST Crossroads Housing Biennium Biennium Biennium Award Award Award Administration $44,252 Coordinated Entry $201,304 Rent / Facilities Support Lease $116,000 $80,000 Other Rent/ Facilities Support $66,101 $41,198 Lease and Housing Costs Operations $104,000 $128,246 PSH CHF: Rent/ Facility $39,000 Support Lease PSH CHF: Other Rent/Fac Support Lease and Housing $1,000 Costs PSH CHF: Operations $10,000 Rapid Rehousing: behavioral $0 $80,000 health Totals $336,101 $495,000 $80,000 Annual Award $168,050.50 $247,500.00 $40,000.00 Payment: In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. The funding awarded may only be used for eligible activities and expenses. Payment is based on a reimbursement of allowable expenses. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Submit monthly invoices electronically to Todd Parker, t arker co.mason.wa.us. The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • the name of the agency, • date submitted, • dates of service (e.g. report period), • contract number, • name of funding source, • reimbursement request per funding source, • Salary and benefits separated out, • any additional voucher detail worksheets, if required by the grant, • any HMIS reports required by the grant • a total reimbursement request for each funding source, and • a signature from the Executive Director, CEO, and/or Board Member. The invoice request must break out funding: 2163 (local document recording fees) and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. All consumable supplies must be pre-approved by the Finance Contact listed in this contract. Professional Services Contract (rev 04/2019) Page 20 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # CL:2021-2023.2163Shelter THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Community Lifeline hereinafter referred to as"CONTRACTOR." Contracted Entity Community Lifeline Address 218 N. 3rd St. / P.O. Box 698 City, State, Zip Code Shelton, WA 98584 Phone 360-490-3430 Primwy Contact Name, Title Barb Weza, Executive Director Primary Contact Phone & E-mail 360-490-3430: Communit lifelineshelton mail.com Contractor Fiscal Contact same Contractor Fiscal Phone & Email same Washington State UBI# 603-364-370 Federal EIN 46-4731341 Total Award/Contract Value $ 330,020 Annual 2163 Funds Awarded $ 165,010 Annual 2060 Funds Awarded none Annual CHG Funds Awarded none Annual HEN Funds Awarded none Contract Term Duration July 1, 2021-June 30, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb(ab-co.mason.wa.us 360-427-9670 ext. 562 PURPOSE This grant provides resources to support a homeless crisis response system that assist's people who are experiencing homelessness obtain and maintain housing stability. 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: Contract renewal application, original RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date Prnfe.sienal Services Contract (rev 04/2019) 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) c. Organizations Strategic Plan (if available) d. Annual Report (if available) e. Overall Organizational Budget (previous calendar or fiscal year) f. Organizational Chart g. Program Policies and Procedures h. Job Descriptions of personnel working directly or indirectly in the program Funding Source: Local Document Recording Fees for Affordable Housing and Homelessness (2163) Funding (RCW 36.22.179). 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, contract renewal application, original Housing RFP Application, 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 may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all applicable terms of the Grant. Amendments and Extension: This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 ■ Professional Services Contract (rev 04/2019) Page 2 ■ includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if there are any changes to the staffing plan or hiring delays. 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. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work performed, the progress of the project and fees. The invoice shall include the contract number. Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY may request a review of the documentation prior to payment or as part of a contract monitoring process. Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any accompanying reports. 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. Prnfeccinnal Services Contract (rev 04/2019) Page 3 , 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. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Payment is on the assumption that 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 State or local funds are not available to the 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. 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. 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— SCOPE OF SERVICE, 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: 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, ® Professional Services Contract (rev 04/2019) Page 4 ■ 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. 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: 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. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract requirements and performance, invoices, reports and Scope of Services (Exhibit A). If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or (b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues ■ Professional Services Contract (rev 04/2019) Page S ' are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the corrective actions can result in early contract termination, as outlined in Contract Guidance Manual. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product including plans, narrative reports, and data reports, to release the final payment for services within sixty (60) calendar days of contract completion or termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the contract term end date. Early Termination: The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined in Contract Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within sixty (60) days of termination to receive payment for any services up until the day of termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following termination. 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. Professional Services Contract (rev 04/2019) Page 6 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. 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. 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 ■ Professional Services Contract(rev 04/2019) Page 7 , 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. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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 is approved, the 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. ' Professional Services Contract (rev 04/2019) Page 8 Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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: ds of race, color, creed, religion, national origin, CONTRACTOR shall not discriminate on the groun 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 ■ Professional Services Contract (rev 04/2019) Page 9 ' indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit 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 ■ Professional Services Contract(rev 04/2019) Page 10 ■ caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. 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. Contract Administration: 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 ■ Professional Services Contract(rev 04/2019) Page 11 ' 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(a-)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: caseyN( co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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. Professional Services Contract(rev 04/2019) Page 12 Order of Precedence: A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Contract Face Sheet C. Special Conditions D. General Terms & Conditions E. Exhibit B Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines 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. (blank space intentional) ■ Professional Services Contract (rev 04/2019) Page 13 ' EXHIBIT A Scope of Service Program: 1. Emergency Shelter: Operate a 54-bed emergency shelter for adults that serves both male, female and gender non-conforming participants. While the Shelter Grant Program is in effect, the emergency shelter will operate year-round with a minimum of 4 months 24/7 (i.e. November through February) during the months hazardous weather historically occurs. a. Total Bed configuration: 23 male, 16 female, and 15 beds in the Great Hall i. 28 Drop-in Beds: 20 male and 8 female ii. 26 Continuous Stay Beds: 18 male and 8 female b. Annual per bed pay rate for 54 total beds based on 28 drop-in and 26 continuous stay beds i. Drop-in bed: $2,230/bed/year ii. Continuous Stay Bed: $3,945/bed/year c. Coordinate with Crossroads Housing and Turning Pointe to prioritize single females fleeing domestic violence and to maximize shelter utilization. d. Partner with Shelton Youth Connection to shelter transitional aged youth ages 18 —24. e. Compliance with the Conditional Use Permit through the City of Shelton. f. Shelter Staffing i. Maintain a staff ratio of 1:15 from 8 pm to 8 am ii. Maintain an on-call pool of shelter attendant staff iii. This award prioritizes the funding of full-time positions such as shelter manager, case manager and shelter staff. It is not allowable to fund dual, part-time positions where one staff member has two job titles g. Adhere to all CDC and Department of Health Guidelines for emergency shelters when in effect. 2. Serve as a Coordinated Entry point of access Contractor Requirements: Refer to the Consolidated Homeless Grant Guidelines and the Mason County Grant Guidelines for more information regarding these requirements. This is a performance-based contract for services with the ability to meet deliverables and desired program and homeless crisis response system level outcomes. A. Compliance a. Abide by all WAC's and RCW's governing the funding, programmatic requirements and remain current to all legislative actions that impact funded programs and services. b. Responsible for all the information in the: i. Contract Renewal Application ii. Original RFP Application and/or Contract Renewal Application iii. Original RFP Instructions iv. Original RFP Disclosures v. Consolidated Homeless Grant Guidelines vi. Washington State Coordinated Entry Guidelines vii. Coordinated Entry Core Elements Guidebook viii. Washington State Local (5-year) Plan Guidelines and Mason County 5-year Local Plan ix. Mason County Contract Guidelines and Procedures Manual. c. Meet all Homelessness Management Information Systems (HMIS) data base requirements such as release of information, protection of personally identifying information, transferring data and data sharing agreements. ' Professional Services Contract (rev 04/2019) Page 14 d. Follow best practices and, if it applies, fidelity models for each project intervention type operated. e. Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines. All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. f. Enrollment Management: contractor agrees to manage funds and program enrollments, so money is available throughout the contract term, funds are spent down, and/or households are not terminated from the program. g. Services will be provided to program participants on a voluntary basis. h. Active role and count participant in the Point in Time Homeless Census Count i. Follow all CDC guidelines for shelter operations while the Covid19 pandemic is in effect B. Commit to ending homelessness in Mason County by working as a system and meeting project level and system performance measures by: a. Funding supports a Housing Crisis Response System and CONTRACTORS are expected to collaborate for the overall improvement of the system and system performance measurements as required by the Department of Commerce. In some cases, system performance involvement and measures will include the entire agency and not just the program(s) funded. b. Ability and commitment to meet Key Performance Measures by project type: i. Exits to Permanent Housing 1. Emergency Shelter= 50% 2. Rapid Rehousing = 80% 3. Transitional Housing = 80% 4. Increase percentage of exits to permanent housing from all housing intervention projects to the level of the top performing 20 percent of homeless crisis response systems nationwide. ii. Unsheltered Prioritization: Serving at least 60% unsheltered homeless households iii. Returns to Homelessness 1. Raid Rehousing and Transitional Housing <_ 5% 2. Emergency Shelter<_ 10% iv. Emergency Shelters: 1. Shelter Utilization: 95% utilization rate by bed for adult shelters and room occupancy for family shelters. 2. Create a notification system to key agencies (including law enforcement) of available beds 3. Follow CDC Guidelines on physical distancing and shelter protocol v. Data Quality 1. Rapid Rehousing and Transitional Housing Destination <_ 5% unknown responses 2. Emergency Shelters <- 20% unknown responses vi. Data Timeliness: All program staff must enter/update project participant household data into HMIS within 10 calendar days following the date of project enrol Iment/exit. c. Commitment to ending homelessness for at least one subpopulation (Family, Adult, Youth, Veteran or Chronically Homeless) and work in the community as a system to accomplish this goal. d. A member of the Housing Task Force to develop the Local 5-year Plan and implement strategies and activities from the 5-year Plan to achieve objectives and measures of success. C. Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. ■ Professional Services Contract (rev 04/2019) Page 15 ■ a. Monthly, by the 10th of each month i. Invoice payment request. ii. HMIS Data Quality and Timeliness iii. Monthly Program Enrollment Report b. Quarterly, by the 10th of each month following the quarter reported on i. Program Performance Report 1. Progress toward key performance measures (Section B directly above) 2. If performance is below the expected outcome, submit an action plan that describes the strategies and steps that will be taken and a projection of how much improvement will be made by the end of the contract year. Plans must be updated each quarter. ii. Coordinated Entry: Lead agency will submit a report that tracks the homelessness status of all households, engagements and housing placements for each household. iii. Landlord Outreach: All housing program intervention types that have "percent exit to permanent housing" goals are expected to conduct landlord outreach with the purpose to expand and retain landlords willing to rent to very low income and/or households requiring permanent supportive housing. Submit a log quarterly of these activities (this does not include calls on behalf of program participants). c. Annually i. Lead agency: Point in Time Count Report, due by February 15. CONTRACTORS are expected to assist the lead agency in conducting a comprehensive count and providing accurate data to the lead agency. D. Consolidated Homeless Grant Subcontractors a. All items in the CHG Guidelines are delegated to the subcontractor. b. Subcontractor is responsible for all items in the contract between Mason County and the Department of Commerce c. Subcontractor is responsible for all applicable CHG Guidelines (blank space intentional) ' Professional Services Contract (rev 04/2019) Page 16 Deliverable Schedule Item Date Due/Frequency Deliverable Name Description Criteria for Acceptance Target date July 30, but no Contract Requirements All requested information must 1 later than thirty(30) days of Special Conditions identified in the Special be current, complete, and the signature date by the Conditions Section accurate COUNTY Complete, accurate, and Monthly, as close to the 1st Monthly invoice& Back up approval signature. Back up 2 of each month as possible Invoice documentation documentation in the form of a general ledger A. Complete,timely, and accurate data using template(s) provided A. All new monthly program pr pr client data A. Monthly Enrollment enrollments and key community entered within 10 days Data Timeliness: clie B. ie of On or before the 10th of Report program referral and enrollment project start and exit 3 each month B. Data Quality&Timeliness tracking o Data Quality: <_5/o unknown (CHG 6.2) B. Data Timeliness and Data housing destination for RRH Quality Report and TH; <_20% unknown responses for emergency shelters A. Outcome of key performance measures- 1) exits to permanent housing, 2) A. Program Performance unsheltered prioritization, 3) data quality and timeliness; Report B. Coordinated Entry—Lead A-F. All reports are received B. Coordinated Entry agency to provide Tracking on time and are accurate; Tracking (5 yr. Plan Obj 1, Report(access points assist proper and complete use of Quarterly, on or before the Measure of Success b) lead agency in data collection, templates; all directions 4 10th of Oct., Jan., April., & C. Landlord Outreach (CHG accuracy and tracking); followed;Action plan to July 2.3, RCW 43.185c.240) C. Landlord Outreach-list of accompany report for areas that D. Training Log (CHG 2.1.6) qualifying activities performed; are not tracking to meet E. Shelter Utilization Rate D. Staff training for the quarter program outcome benchmarks F. Grant Spend Down E. Shelter Utilization Rate Report F. Only for RRH programs (broken out by funding source) and any voucher budget items (e.g. motel vouchers) Annually, as described A. All activities associated with below: A. Point in Time Count planning, hosting event and A. Attempt a complete count of Planning and Event conducting surveys for the people experiencing A. PIT Count Event B. PIT Count Report by lead annual Point in Time Homeless homelessness in Mason County 5 Planning and Conduct: Census Count B. Truthful and accurate data, August—February; agency (all other agencies B. Formal PIT Count Report of work with County and Dept of B. February 15-PIT Count assist in data verification) the event, homeless census Commerce to verify data Report. data and demographics CONTRACTOR must use templates when provided by Mason County 0 Professional Services Contract (rev 04/2019) Page 17 ' 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 five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all 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 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 04/2019) Page 18 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 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 04/2019) Page 19 ' EXHIBIT C BUDGET Annual Biennium Community Lifeline Amount Award Comments Funded 2163 Multiple Shelter Aids Wages & $59,269 $118,538 Benefits 1 FTE Shelter Manager Wages $24,640 $49,280 & Benefits 1 - 0.5 FTE Case Manager 1 $11,760 $23,520 This grant Wage & Benefits provides support 1 - 0.5 FTE Case Manager $25,655 $51,310 to staff wages Supervisor Wage & Benefits and benefits 1 FTE Admin Assist. Wages & $8,960 $17,920 Benefits 1 - 0.75 FTE Custodian / $17,204 $34,408 Maintenance Utilities $9,548 $19,096 Insurance $3,609 $7,218 Supplies $4,365 $8,730 Totals $165,010 $330,020 Payment: In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. The funding awarded may only be used for eligible activities and expenses. Payment is based on a reimbursement of allowable expenses. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Submit monthly invoices electronically to Todd Parker, tparkerCcDco.mason.wa.us. The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • the name of the agency, • date submitted, • dates of service (e.g. report period), • contract number, • name of funding source, • reimbursement request per funding source, • Salary and benefits separated out, • any additional voucher detail worksheets, if required by the grant, • any HMIS reports required by the grant, • a total reimbursement request for each funding source, and • a signature from the Executive Director, CEO, and/or Board Member. The invoice request must break out funding: 2163 (local document recording fees) and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. All consumable supplies must be pre-approved by the Finance Contact listed in this contract. ' Professional Services Contract (rev 04/2019) Page 20 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # SYC:2021-2023.2163 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Shelton Youth Connection hereinafter referred to as"CONTRACTOR." Contracted Entity Shelton Youth Connection Address PO Box 2341; 2129 Jefferson St. City, State, Zip Code Shelton, WA 98584 Phone 360-463-6972 Primary Contact Name, Title Susan Kirchoff, Executive Director Primwy Contact Phone & E-mail 360-463-6972; susan@sheltonfamilycenter.org Contractor Fiscal Contact Becca Blanton, Treasurer Contractor Fiscal Phone & Email 360-432-0125 Washington State UBI# 604 2 11 635 Federal EIN 82-3875497 Total Award/Contract Value $71,980 Annual 2163 Funds Awarded $35,990 Annual 2060 Funds Awarded none Annual CHG Funds Awarded none Annual HEN Funds Awarded none Contract Term Duration July 1, 2021-June 30, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Casev Bingham, Fiscal Manager County Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE This grant provides resources to support a homeless crisis response system that assist's people who are experiencing homelessness obtain and maintain housing stability. 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: Contract renewal application, original RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date ■ Professional Services Contract (rev 04/2019) 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) c. Organizations Strategic Plan (if available) d. Annual Report (if available) e. Overall Organizational Budget (previous calendar or fiscal year) f. Organizational Chart g. Program Policies and Procedures h. Job Descriptions of personnel working directly or indirectly in the program Funding Source: Local Document Recording Fees for Affordable Housing and Homelessness (2163) Funding (RCW 36.22.179). 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, contract renewal application, original Housing RFP Application, 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 may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all applicable terms of the Grant. Amendments and Extension: This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 ® Professional Services Contract (rev 04/2019) Page 2 includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if there are any changes to the staffing plan or hiring delays. 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. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work performed, the progress of the project and fees. The invoice shall include the contract number. Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY may request a review of the documentation prior to payment or as part of a contract monitoring process. Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any accompanying reports. 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. ■ Professional Services Contract (rev 04/2019) Page 3 , 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. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Payment is on the assumption that 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 State or local funds are not available to the 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. 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. 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— SCOPE OF SERVICE, 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: 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, Professional Services Contract (rev 04/2019) Page 4 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. 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: 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. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract requirements and performance, invoices, reports and Scope of Services (Exhibit A). If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or (b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues ■ Professional Services Contract (rev 04/2019) Page 5 ■ are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the corrective actions can result in early contract termination, as outlined in Contract Guidance Manual. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product including plans, narrative reports, and data reports, to release the final payment for services within sixty (60) calendar days of contract completion or termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the contract term end date. Early Termination: The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined in Contract Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within sixty (60) days of termination to receive payment for any services up until the day of termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following termination. 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. Professional Services Contract (rev 04/2019) Page 6 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. 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. 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 ■ Professional Services Contract (rev 04/2019) Page 7 , 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. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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 is approved, the 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. ® Professional Services Contract (rev 04/2019) Page 8 Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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. PatentlCopyright 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 Professional Services Contract (rev 04/2019) Page 9 , indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit 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 Professional Services Contract (rev 04/2019) Page 10 , caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. 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. Contract Administration: 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 ■ Professional Services Contract (rev 04/2019) Page 11 , 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: LydiaB(cD_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: caseyb ,co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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. Professional Services Contract(rev 04/2019) Page 12 Order of Precedence: A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Contract Face Sheet C. Special Conditions D. General Terms & Conditions E. Exhibit B Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines 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. (blank space intentional) Professional Services Contract(rev 04/2019) Page 13 , EXHIBIT A Scope of Service Program: 1. Youth Homeless Demonstration Project (YHDP) Federal Match Funds a. Supports Outreach Specialist & HMIS Coordinator Contractor Requirements: Refer to the Consolidated Homeless Grant Guidelines and the Mason County Grant Guidelines for more information regarding these requirements. This is a performance-based contract for services with the ability to meet deliverables and desired program and homeless crisis response system level outcomes. A. Compliance a. Abide by all WAC's and RCW's governing the funding, programmatic requirements and remain current to all legislative actions that impact funded programs and services. b. Responsible for all the information in the: i. Contract Renewal Application ii. Original RFP Application and/or Contract Renewal Application iii. Original RFP Instructions iv. Original RFP Disclosures v. Consolidated Homeless Grant Guidelines vi. Washington State Coordinated Entry Guidelines vii. Coordinated Entry Core Elements Guidebook viii. Washington State Local (5-year) Plan Guidelines and Mason County 5-year Local Plan ix. Mason County Contract Guidelines and Procedures Manual. c. Meet all Homelessness Management Information Systems (HMIS) data base requirements such as release of information, protection of personally identifying information, transferring data and data sharing agreements. d. Follow best practices and, if it applies, fidelity models for each project intervention type operated. e. Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines. All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. f. Enrollment Management: contractor agrees to manage funds and program enrollments, so money is available throughout the contract term, funds are spent down, and/or households are not terminated from the program. g. Services will be provided to program participants on a voluntary basis. h. Active role and count participant in the Point in Time Homeless Census Count i. Follow all CDC guidelines for shelter operations while the Covid19 pandemic is in effect B. Commit to ending homelessness in Mason County by working as a system and meeting project level and system performance measures by: a. Funding supports a Housing Crisis Response System and CONTRACTORS are expected to collaborate for the overall improvement of the system and system performance measurements as required by the Department of Commerce. In some cases, system performance involvement and measures will include the entire agency and not just the program(s) funded. b. Ability and commitment to meet Key Performance Measures by project type: i. Exits to Permanent Housing 1. Emergency Shelter = 50% Professional Services Contract (rev 04/2019) Page 14 , 2. Rapid Rehousing = 80% 3. Transitional Housing = 80% 4. Increase percentage of exits to permanent housing from all housing intervention projects to the level of the top performing 20 percent of homeless crisis response systems nationwide. ii. Unsheltered Prioritization: Serving at least 60% unsheltered homeless households iii. Returns to Homelessness 1. Raid Rehousing and Transitional Housing <- 5% 2. Emergency Shelter<_ 10% iv. Emergency Shelters: 1. Shelter Utilization: 95% utilization rate by bed for adult shelters and room occupancy for family shelters. 2. Create a notification system to key agencies (including law enforcement) of available beds 3. Follow CDC Guidelines on physical distancing and shelter protocol v. Data Quality 1. Rapid Rehousing and Transitional Housing Destination <_ 5% unknown responses 2. Emergency Shelters <_ 20% unknown responses vi. Data Timeliness: All program staff must enter/update project participant household data into HMIS within 10 calendar days following the date of project enrollment/exit. c. Commitment to ending homelessness for at least one subpopulation (Family, Adult, Youth, Veteran or Chronically Homeless) and work in the community as a system to accomplish this goal. d. A member of the Housing Task Force to develop the Local 5-year Plan and implement strategies and activities from the 5-year Plan to achieve objectives and measures of success. C. Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. a. Monthly, by the 10th of each month i. Invoice payment request. ii. HMIS Data Quality and Timeliness iii. Monthly Program Enrollment Report b. Quarterly, by the 10th of each month following the quarter reported on i. Program Performance Report 1. Progress toward key performance measures (Section B directly above) 2. If performance is below the expected outcome, submit an action plan that describes the strategies and steps that will be taken and a projection of how much improvement will be made by the end of the contract year. Plans must be updated each quarter. ii. Coordinated Entry: Lead agency will submit a report that tracks the homelessness status of all households, engagements and housing placements for each household. iii. Landlord Outreach: All housing program intervention types that have "percent exit to permanent housing" goals are expected to conduct landlord outreach with the purpose to expand and retain landlords willing to rent to very low income and/or households requiring permanent supportive housing. Submit a log quarterly of these activities (this does not include calls on behalf of program participants). c. Annually Professional Services Contract (rev 04/2019) Page 15 , i. Lead agency: Point in Time Count Report, due by February 15. CONTRACTORS are expected to assist the lead agency in conducting a comprehensive count and providing accurate data to the lead agency. D. Consolidated Homeless Grant Subcontractors a. All items in the CHG Guidelines are delegated to the subcontractor. b. Subcontractor is responsible for all items in the contract between Mason County and the Department of Commerce c. Subcontractor is responsible for all applicable CHG Guidelines (blank space intentional) Professional Services Contract (rev 04/2019) Page 16 , Deliverable Schedule Item Date Due I Frequency Deliverable Name Description Criteria for Acceptance Target date July 30, but no Contract Requirements All requested information must 1 later than thirty(30) days of Special Conditions identified in the Special be current, complete,and the signature date by the Conditions Section accurate COUNTY Complete, accurate, and 2 Monthly, as close to the 1st Monthly invoice&Back up approval signature. Back up of each month as possible Invoice documentation documentation in the form of a general ledger A. Complete,timely, and accurate data using template(s) A. All new monthly program provided A. Monthly Enrollment enrollments and key community B. Data Timeliness: client data On or before the 10th of Report program referral and enrollment entered within 10 days of 3 each month B. Data Quality&Timeliness tracking project start and Data Quality: _< exit n x xit unknown (CHG 6.2) B. Data Timeliness and Data housing destination for RRH now Quality Report and TH; <_20%unknown responses for emergency shelters A. Outcome of key performance measures- 1) exits to permanent housing, 2) A. Program Performance unsheltered prioritization, 3) Report data quality and timeliness; B. Coordinated Entry B. Coordinated Entry—Lead A-F. All reports are received Tracking (5 yr. Plan Obj 1, agency to provide Tracking on time and are accurate; Quarterly, on or before the Measure of Success b) Report(access points assist proper and complete use of 4 10th of Oct., Jan.,April., & C. Landlord Outreach (CHG lead agency in data collection, templates; all directions July 2.3, RCW 43.185c.240) accuracy and tracking); followed;Action plan to D. Training Log (CHG 2.1.6) C. Landlord Outreach-list of accompany report for areas that E. Shelter Utilization Rate qualifying activities performed; are not tracking to meet F. Grant Spend Down D. Staff training for the quarter program outcome benchmarks Report E. Shelter Utilization Rate F. Only for RRH programs (broken out by funding source) and any voucher budget items (e.g. motel vouchers) Annually, as described A. All activities associated with below: planning, hosting event and A. Attempt a complete count of A. Point in Time Count Planning and Event conducting surveys for the people experiencing A. PIT Count Event annual Point in Time Homeless homelessness in Mason County 5 Planning and Conduct: agency (all other agencies PIT Count Report by lead Census Count B. Truthful and accurate data, a August—February, assist in data verification) B. Formal PIT Count Report of work with County and Dept of B. February 15-PIT Count the event, homeless census Commerce to verify data Report: data and demographics CONTRACTOR must use templates when provided by Mason County ■ Professional Services Contract(rev 04/2019) Page 17 , 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 five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third parry 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 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 04/2019) Page 18 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 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 04/2019) Page 19 ' EXHIBIT C BUDGET Shelton Youth Connection Annual Biennium Comment Amount Award To support 1 FTE Outreach Award supports Specialist / HMIS Coordinator $35,990 $71,980 federal match for YHDP Grant Payment: In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. The funding awarded may only be used for eligible activities and expenses. Payment is based on a reimbursement of allowable expenses. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Submit monthly invoices electronically to Todd Parker, tparker .co.mason.wa.us. The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • the name of the agency, • date submitted, • dates of service (e.g. report period), • contract number, • name of funding source, • reimbursement request per funding source, • Salary and benefits separated out, • any additional voucher detail worksheets, if required by the grant, • any HMIS reports required by the grant, • a total reimbursement request for each funding source, and • a signature from the Executive Director, CEO, and/or Board Member. The invoice request must break out funding: 2163 (local document recording fees) and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. All consumable supplies must be pre-approved by the Finance Contact listed in this contract. Professional Services Contract (rev 04/2019) Page 20 , MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT #TPSA:2021-2023.2163Sheiter THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Turning Pointe Survivor Advocacy Center hereinafter referred to as"CONTRACTOR." Contracted Entity Turning Pointe Survivor Advocacy Center Address 210 Pacific Court/ P.O. Box 2014 City, State, Zip Code Shelton, WA 98584 Phone 360-426-1216 Primary Contact Name, Title Gina Finley Primary Contact Phone & E-mail 360-426-1216; executivedirector@turningpointe.org Contractor Fiscal Contact Candace Wood Contractor Fiscal Phone & Email 360-426-1216; financemanager@turningpointe.org Washington State UBI# 602-012-811 Federal EIN 91-2024833 Total Award/Contract Value $103,000 Annual 2163 Funds Awarded $51,500 Annual 2060 Funds Awarded none Annual CHG Funds Awarded none Annual HEN Funds Awarded none Contract Term Duration July 1, 2021-June 30, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone L diab co.mason.wa.us 360-427-9670 ext 404 County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb@co.masonma.us 360-427-9670 ext. 562 PURPOSE This grant provides resources to support a homeless crisis response system that assist's people who are experiencing homelessness obtain and maintain housing stability. 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: Contract renewal application, original RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date ■ Professional Services Contract (rev 04/2019) 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) c. Organizations Strategic Plan (if available) d. Annual Report (if available) e. Overall Organizational Budget (previous calendar or fiscal year) f. Organizational Chart g. Program Policies and Procedures h. Job Descriptions of personnel working directly or indirectly in the program Funding Source: Local Document Recording Fees for Affordable Housing and Homelessness (2163) Funding (RCW 36.22.179). 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, contract renewal application, original Housing RFP Application, 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 may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subgrant. All subgrants shall bind the Subgrantee to follow all applicable terms of the Grant. Amendments and Extension: This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 Professional Services Contract (rev 04/2019) Page 2 , includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide updates if there are any changes to the staffing plan or hiring delays. 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. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments claimed by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. The invoices shall describe and document, to the COUNTY'S satisfaction, a description of the work performed, the progress of the project and fees. The invoice shall include the contract number. Provide a detailed breakdown of expenses invoiced by allowable intervention type and budget category. CONTRACTOR must keep all back up documentation and receipts on file. The COUNTY may request a review of the documentation prior to payment or as part of a contract monitoring process. Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Payment shall be considered timely if made by the COUNTY within thirty (30) calendar days after receipt of properly completed invoices and any accompanying reports. 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. Professional Services Contract (rev 04/2019) Page 3 , 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. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT A, Scope of Service, provided that the CONTRACTOR performs the services and submits all reporting to a satisfactory level. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Payment is on the assumption that 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 State or local funds are not available to the 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. 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. 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— SCOPE OF SERVICE, 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: 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, Professional Services Contract (rev 04/2019) Page 4 , 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. 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: 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. Audit Provisions and Non-Compliance: Throughout the course of the CONTRACT term, the COUNTY will monitor compliance with contract requirements and performance, invoices, reports and Scope of Services (Exhibit A). If the COUNTY, a) encounters non-compliance with the terms outlined in the CONTRACT on the part of the CONTRACTOR, or (b) is not satisfied, in its sole discretion, with the quality of CONTRACTOR'S work, the COUNTY will follow to make a reasonable attempt to assist CONTRACTOR with technical assistance to resolve issues that impede quality and compliance. If compliance and/or quality issues ■ Professional Services Contract (rev 04/2019) Page 5 , are not resolved through standard technical assistance, or reasonable efforts to provide such assistance, CONTRACTOR will be engaged in corrective action through a Corrective Actions and/or Performance Improvement Plan, as outlined in Contract Guidance Manual. Failure to meet the corrective actions can result in early contract termination, as outlined in Contract Guidance Manual. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product including plans, narrative reports, and data reports, to release the final payment for services within sixty (60) calendar days of contract completion or termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the contract term end date. Early Termination: The COUNTY may terminate the contract prior to the end of the term if satisfactory compliance is not reached after reasonable efforts have been made to restore compliance, as outlined in Contract Guidance Manual. In the case of such termination, CONTRATOR is required to immediately repay the full amount of any funds which CONTRACTOR did not spend as of the date of the notice of termination. CONTRACTOR must submit a final invoice and all reports to a satisfactory level within sixty (60) days of termination to receive payment for any services up until the day of termination. The COUNTY shall have no further obligation to pay CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following termination. 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. Professional Services Contract (rev 04/2019) Page 6 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. 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. 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 ■ Professional Services Contract (rev 04/2019) Page 7 ■ 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. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. 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 is approved, the 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. ' Professional Services Contract (rev 04/2019) Page 8 Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 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 ■ Professional Services Contract (rev 04/2019) Page 9 , 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, while not violating the agency's client confidentiality requirements. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit 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 ' Professional Services Contract (rev 04/2019) Page 10 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. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR' 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. Contract Administration: Professional Services Contract (rev 04/2019) Page 11 , 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: LydiaB(a-)_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: caseybCa.co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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. Professional Services Contract (rev 04/2019) Page 12 , Order of Precedence: A. Applicable federal, state and county statutes, WAC's, RCW's, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Contract Face Sheet C. Special Conditions D. General Terms & Conditions E. Exhibit B Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines 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. (blank space intentional) Professional Services Contract(rev 04/2019) Page 13 , EXHIBIT A Scope of Service Program: 1. Funding to support the operations including case management personnel (i.e. Advocates) of a Domestic Violence Emergency Shelter: 2. Motel/Hotel Vouchers to support the shelter and accommodate the needs of persons fleeing domestic violence. Contractor Requirements: Refer to the Consolidated Homeless Grant Guidelines and the Mason County Grant Guidelines for more information regarding these requirements. This is a performance-based contract for services with the ability to meet deliverables and desired program and homeless crisis response system level outcomes. A. Compliance a. Abide by all WAC's and RCW's governing the funding, programmatic requirements and remain current to all legislative actions that impact funded programs and services. b. Responsible for all the information in the: i. Contract Renewal Application ii. Original RFP Application and/or Contract Renewal Application iii. Original RFP Instructions iv. Original RFP Disclosures v. Consolidated Homeless Grant Guidelines vi. Washington State Coordinated Entry Guidelines vii. Coordinated Entry Core Elements Guidebook viii. Washington State Local (5-year) Plan Guidelines and Mason County 5-year Local Plan ix. Mason County Contract Guidelines and Procedures Manual. c. Meet all Homelessness Management Information Systems (HMIS) data base requirements such as release of information, protection of personally identifying information, transferring data and data sharing agreements. d. Follow best practices and, if it applies, fidelity models for each project intervention type operated. e. Must participate in Coordinated Entry as described in the Washington State Coordinated Entry Guidelines. All Subcontractors are encouraged to participate in the system of care to meet required performance outcome benchmarks. f. Enrollment Management: contractor agrees to manage funds and program enrollments, so money is available throughout the contract term, funds are spent down, and/or households are not terminated from the program. g. Services will be provided to program participants on a voluntary basis. h. Active role and count participant in the Point in Time Homeless Census Count i. Follow all CDC guidelines for shelter operations while the Covid19 pandemic is in effect B. Commit to ending homelessness in Mason County by working as a system and meeting project level and system performance measures by: a. Funding supports a Housing Crisis Response System and CONTRACTORS are expected to collaborate for the overall improvement of the system and system performance measurements as required by the Department of Commerce. In some cases, system performance involvement and measures will include the entire agency and not just the program(s) funded. b. Ability and commitment to meet Key Performance Measures by project type: Professional Services Contract(rev 04/2019) Page 14 , i. Exits to Permanent Housing 1. Emergency Shelter= 50% 2. Rapid Rehousing = 80% 3. Transitional Housing = 80% 4. Increase percentage of exits to permanent housing from all housing intervention projects to the level of the top performing 20 percent of homeless crisis response systems nationwide. ii. Unsheltered Prioritization: Serving at least 60% unsheltered homeless households iii. Returns to Homelessness 1. Raid Rehousing and Transitional Housing !- 5% 2. Emergency Shelter<_ 10% iv. Emergency Shelters: 1. Shelter Utilization: 95% utilization rate by bed for adult shelters and room occupancy for family shelters. 2. Create a notification system to key agencies (including law enforcement) of available beds 3. Follow CDC Guidelines on physical distancing and shelter protocol v. Data Quality 1. Rapid Rehousing and Transitional Housing Destinations 5% unknown responses 2. Emergency Shelters <_ 20% unknown responses vi. Data Timeliness: All program staff must enter/update project participant household data into HMIS within 10 calendar days following the date of project enrollment/exit. c. Commitment to ending homelessness for at least one subpopulation (Family, Adult, Youth, Veteran or Chronically Homeless) and work in the community as a system to accomplish this goal. d. A member of the Housing Task Force to develop the Local 5-year Plan and implement strategies and activities from the 5-year Plan to achieve objectives and measures of success. C. Submit deliverables with a commitment to reporting complete, quality data that is timely, truthful and accurate in accordance with the Deliverable Schedule. a. Monthly, by the 10th of each month i. Invoice payment request. ii. HMIS Data Quality and Timeliness iii. Monthly Program Enrollment Report b. Quarterly, by the 10th of each month following the quarter reported on i. Program Performance Report 1. Progress toward key performance measures (Section B directly above) 2. If performance is below the expected outcome, submit an action plan that describes the strategies and steps that will be taken and a projection of how much improvement will be made by the end of the contract year. Plans must be updated each quarter. ii. Coordinated Entry: Lead agency will submit a report that tracks the homelessness status of all households, engagements and housing placements for each household. iii. Landlord Outreach: All housing program intervention types that have "percent exit to permanent housing" goals are expected to conduct landlord outreach with the purpose to expand and retain landlords willing to rent to very low income and/or households requiring permanent supportive housing. Submit a log quarterly of these activities (this does not include calls on behalf of program participants). c. Annually Professional Services Contract (rev 04/2019) Page 15 ' i. Lead agency: Point in Time Count Report, due by February 15. CONTRACTORS are expected to assist the lead agency in conducting a comprehensive count and providing accurate data to the lead agency. D. Consolidated Homeless Grant Subcontractors a. All items in the CHG Guidelines are delegated to the subcontractor. b. Subcontractor is responsible for all items in the contract between Mason County and the Department of Commerce c. Subcontractor is responsible for all applicable CHG Guidelines (blank space intentional) Professional Services Contract(rev 04/2019) Page 16 , Deliverable Schedule Item Date Due I Frequency Deliverable Name Description Criteria for Acceptance Target date July 30, but no Contract Requirements All requested information must 1 later than thirty(30)days of Special Conditions identified in the Special be current,complete, and the signature date by the Conditions Section accurate COUNTY Complete, accurate, and Monthly, as close to the 1st Monthly invoice& Back up approval signature. Back up 2 ice of each month as possible Invo documentation documentation in the form of a general ledger A. Complete,timely, and accurate data using template(s) A. All new monthly program provided A. Monthly Enrollment enrollments and key community B. Data Timeliness: client data On or before the 10th of Report program referral and enrollment entered within 10 days of 3 each month B. Data Quality&Timeliness tracking project start and exit (CHG 6.2) B. Data Timeliness and Data Data Quality: 5%unknown Quality Report housing destination for RRH and TH; _20/o unknown responses for emergency shelters A. Outcome of key performance measures- 1) exits to permanent housing, 2) A. Program Performance unsheltered prioritization, 3) Report data quality and timeliness; B. Coordinated Entry B. Coordinated Entry—Lead A-F. All reports are received Tracking (5 yr. Plan Obj 1, agency to provide Tracking on time and are accurate; Quarterly, on or before the Measure of Success b) Report(access points assist proper and complete use of 4 10th of Oct., Jan.,April., & C. Landlord Outreach (CHG lead agency in data collection, templates; all directions July 2.3, RCW 43.185c.240) accuracy and tracking); followed;Action plan to D. Training Log(CHG 2.1.6) C. Landlord Outreach-list of accompany report for areas that E. Shelter Utilization Rate qualifying activities performed; are not tracking to meet F. Grant Spend Down D. Staff training for the quarter program outcome benchmarks Report E. Shelter Utilization Rate F. Only for RRH programs (broken out by funding source) and any voucher budget items (e.g. motel vouchers) Annually, as described A. All activities associated with below: planning, hosting event and A. Attempt a complete count of A. Point in Time Count Planning and Event conducting surveys for the people experiencing A. PIT Count Event annual Point in Time Homeless homelessness in Mason County 5 Planning and Conduct: a PIT Count Report by lead Census Count B. Truthful and accurate data, August—February; agency (all other agencies B. Formal PIT Count Report of work with County and Dept of B. February 15-PIT Count assist in data verification) the event, homeless census Commerce to verify data Report: data and demographics CONTRACTOR must use templates when provided by Mason County 0 Professional Services Contract (rev 04/2019) Page 17 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 five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third parry 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 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 04/2019) Page 18 , 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 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 04/2019) Page 19 EXHIBIT C BUDGET Turning Pointe Annual Amount Funded (2163) Comment Administration $4,680 Shelter Staff-Advocate Wages $28,000 Up to 1 FTE or 40 Shelter Staff-Advocate Benefits $5,520 hours/week Payroll taxes $3,600 Telephone $800 Utilities $2,000 Insurance $1,200 Copier $300 Accounting Services $1,600 Office/Shelter Supplies $300 Motel Vouchers $3,500 Totals $51,500 Payment: In the event State, Federal or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. The funding awarded may only be used for eligible activities and expenses. Payment is based on a reimbursement of allowable expenses. No payments in advance or in anticipation of goods or services to be provided under this contract shall be made by the COUNTY. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Submit monthly invoices electronically to Todd Parker, ttparker(Qco.mason.wa.us. The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • the name of the agency, • date submitted, • dates of service (e.g. report period), • contract number, • name of funding source, • reimbursement request per funding source, • Salary and benefits separated out, • any additional voucher detail worksheets, if required by the grant, • any HMIS reports required by the grant • a total reimbursement request for each funding source, and • a signature from the Executive Director, CEO, and/or Board Member. The invoice request must break out funding: 2163 (local document recording fees) and all the CHG categories. 2163 will be further broken down by: Operations, Staff Salary/Benefits (all one total) and rental assistance/vouchers paid. For CHG, use the categories that are in the budget table in Exhibit C. All consumable supplies must be pre-approved by the Finance Contact listed in this contract. Professional Services Contract (rev 04/2019) Page 20 , MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING July 12,2021 Briefing Items • News Release: Temporary road closures on Trails Road from MP 0.00 (from SR106)to MP 1.58 (Trails End Drive)on Monday,July 26 h from 8:00am to 4:00pm and Shelton Matlock Road from MP 1.95 (Shelton Valley Road)to MP 7.16(Dayton Airport Road)on Thursday, July 29 h from 8:00am to 4:00pm. • Cooperative Agreement with Mason Transit Authority allowing the use to operate transit services out of the Cole Road and Pickering Road Park and Rides and to maintain striping, signage and illumination. Discussion Items • Road Closure Process • Public Works HVAC System Repairs Commissioner Follow-Up Items • Sludge Hauling Contract Award to Tribeca Transport, LLC out of Woodland, WA Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson Other: NEWS RELEASE July 20,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360) 427-9670 EXT. 747 TO: KMAS,KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN,MASON TRANSIT RE: Temporary Road Closure on Trails Road and Shelton Matlock Road Mason County Public Works is advising motorists of a scheduled temporary road closure on portions of Trails Road and Shelton Matlock Road. The closure on Trails Road is scheduled for Monday,July 26t'from 8:00am to 4:00pm from MP 0.00, (intersection with SR106)to MP 1.58, (intersection with Trails End Drive)to facilitate road repairs. The closure on Shelton Matlock Road is scheduled for Thursday,July 29t`from 8:00am to 4:00pm from MP 1.95 (intersection with Shelton Valley Road)to MP 7.16 (intersection with Dayton Airport Road)to facilitate maintenance work on the road approaches at Goldsborough 2 bridge. Reader boards will be stationed on both roads approximately a week before the maintenance activities begin. We appreciate your patience and understanding during these temporary closures. If you have any questions,please contact Public Works at(360)427-9670,Belfair(360)275-4467, or Elma(360) 482-5269, Ext. 450. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Vice Chair Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: July 12, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal X Other — Risk&Safety Compliance Manager ITEM: Cooperative Agreement with Mason Transit Authority for the operation and maintenance of the County Pickering Road and Cole Road Park and Rides EXECUTIVE SUMMARY: Through an extremely competitive process which began in 2014, Mason Transit Authority (MTA) was awarded funding assistance to provide Park & Ride development of new and existing park and ride locations for commuters in Mason County. This will increase the number of available parking spaces from the current 154 up to 506 when completed, adding the new spaces over the current and next biennium periods. The County's Cole Road and Pickering Road Park and Rides are part of the project; providing, critical upgrades including security, additional parking, passenger amenities, lighting, shelter for waiting passengers and electric vehicle charging stations. The attached agreement allows MTA to operate transit services out of the County owned park and rides and to maintain the striping, signing and illumination (County to maintain remainder of facility) in exchange for the use of the premises. RCW 39.34.030 permits public agencies to enter into agreements with one another for joint or cooperative actions. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the County Engineer to execute the Cooperative Agreement with Mason Transit Authority allowing the use to operate transit services out of the Cole Road and Pickering Road Park and Rides owned by the County and to maintain striping, signing and illumination. Attachment: 1. Draft Agreement Page 1 of 1 DRAFT COOPERATIVE AGREEMENT Operation and Maintenance of the Pickering Road and Cole Road Park and Rides THIS COOPERATIVE AGREEMENT(Agreement)for the operation and maintenance of the Pickering Road and Cole Road Park and Rides is made and entered into by and between Mason County hereinafter called(COUNTY)and Mason County Public Transportation Benefit Area dba Mason Transit Authority hereinafter called (MTA). RECITALS A. MTA is currently constructing park and ride lots commonly known as the Pickering Road and Cole Road Park and Rides located at the intersections of SR 3 and Pickering Road and Cole and SR 3; B. The Park and Rides are located on real property owned by the COUNTY; C. The MTA provides public transportation within Shelton and Mason County, and has adopted a comprehensive plan to provide mass transit for said rural area,which includes providing transit services at the Park and Ride Lots; D. The MTA and COUNTY have agreed on the operation and maintenance for the Park and Ride Lots; and E. The COUNTY and the MTA are authorized to enter into this agreement pursuant to Chapter 39.34 RCW. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, IT IS MUTUALLY AGREED THAT: 1. PREMISES. A. The premises covered by this Agreement is shown hachured on Exhibits A (Pickering Road Park and Ride)and B (Cole Road Park and Ride), attached hereto and by this reference made a part hereof, and defined as follows: Legal Description attached hereto as Exhibits A-1 and B-1 B. MTA has examined the Premises and accepts it in its present condition as part of the consideration of this Agreement. -1- DRAFT 2. USE OF PREMISES. A. No use other than operation and maintenance of a park and ride lot in conjunction with transit services shall be permitted without the prior written approval of the COUNTY. Operation of transit services are the transfer of motorists from private vehicles to buses or to or from private carpool vehicles,bus to bus transfers,transfers to MTA van pools, and necessary security activities. Any other use authorized by the COUNTY will be pursuant to separate written agreement. This provision applies to other uses by MTA and uses by third parties. B. MTA shall have access to the Premises at the location shown on Exhibits A and B. C. In using the Premises, MTA must comply with all COUNTY municipal codes, policies, and regulations heretofore adopted or hereafter promulgated by the COUNTY relative to the location, operation, and maintenance of improvements located on the Premises. D. In using the Premises, it is expressly agreed that MTA must comply with all applicable federal, state, and local laws, ordinances, and regulations, including environmental requirements,that are in force, or which may hereafter be in force and secure and maintain all necessary permits and licenses. E. Signs, display lights, or advertising media/materials are not permitted on the Premises except on transit buses, unless shown on a separate plan sheet and must receive prior written approval by the COUNTY. The signs as shown on Exhibits A-2 and B-2, attached hereto and by this reference made a part hereof, are hereby approved. F. MTA will not disturb markers installed by a franchise or permit holder and will contact the franchise or permit holder prior to any excavation in order that the franchise or permit holder may locate underground utilities. It is MTA's responsibility to protect legally installed underground utilities from damage caused by itself, its contractors, agents, employees, MTAs, and/or invitees. Prior to any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve inches (12") or greater, MTA must call the one-number locator service in MTA's area as required by RCW 19.122 to ascertain the existence of underground utilities. MTA must comply with all provisions of Chapter 9.122 RCW relating to underground facilities. 3. TERM. This Agreement shall be a 20-year tenancy, commencing on April 1, 2021. 4. RENEWAL. A. This Agreement may be renewed for a 20-year period; provided that; (1) MTA is not in default and has not been in default during the term or any Renewal Period of this Agreement; -2- DRAFT (2) there is no other public need for the Premises; (3) the Park and Ride Lot is, in the COUNTY's determination, continuing to serve a functional highway purpose; and (4) the terms and conditions of this Agreement conform to then existing COUNTY policies or practices, laws,regulations, and contracts, or provided MTA is willing to amend this Agreement to bring it into compliance with such policies,practices, laws,regulations, and contracts. B. The Agreement for the Renewal Period shall be on the same terms and conditions as set forth herein,except as modified by any changes in policies, practices, laws,regulations, or contracts, as reflected in a written amendment signed by both parties. C. MTA shall give notice of its intent to renew this Agreement for the Renewal Period at least ninety(90) calendar days,but not more than six (6)months prior to the expiration of this Agreement, or any renewal thereof. 5. TERMINATION BY COUNTY. A. The COUNTY may terminate this Agreement, in whole or in part, without penalty or further liability as follows: (1) upon thirty(30) calendar days' written notice to MTA, if MTA defaults, and fails to cure such default within that thirty(30) calendar day period, or such longer period, as may be determined by the COUNTY in its sole judgment, if MTA is diligently working to cure the default; and (2) immediately, upon written notice, if a receiver is appointed to take possession of MTA's assets, MTA makes a general assignment for the benefit of creditors, or MTA becomes insolvent or takes or suffers under the Bankruptcy Act. B. Waiver or acceptance of any default of the terms of this Agreement by the COUNTY shall not operate as a release of MTA's responsibility for any prior or subsequent default. C. If MTA defaults on any provision in this Agreement three (3)times within a twelve(12)-month period, then the third default shall be deemed "non-curable" and this Agreement may be terminated by the COUNTY on thirty(30) days written notice. 6. TERMINATION BY MTA. A. MTA may terminate this Agreement, in whole or in part, without penalty or further liability as follows: (1) upon not less than thirty (30)calendar days'prior written notice, -3- DRAFT (2) upon not less than thirty (30) calendar days' prior written notice to the COUNTY, if the COUNTY defaults, and fails to cure such default within that thirty(30) calendar day period, or such longer period, as may be determined by MTA in its sole judgment, if the COUNTY is diligently working to cure the default, or (3) Immediately, upon written notice, if in MTA's judgment the Park and Ride Lot is destroyed or damaged so as to substantially and adversely affect MTA's authorized use of the Park and Ride Lot. 7. CONSIDERATION. In exchange for the use of the Premises by MTA to operate a park and ride lot in conjunction with transit services, as described elsewhere herein,the MTA agrees to perform the maintenance services on the Premises, as provided elsewhere herein. 8. MAINTENANCE. A. MTA agrees to maintain the striping, signing and illumination. B. COUNTY shall maintain the remainder of the facility. 9. IMPROVEMENTS. MTA may install improvements on the Premises at the locations previously agreed to by the parties and as shown in Exhibits A and B. Prior to the installation of these improvements MTA shall notify the COUNTY and the parties shall coordinate their activities to facilitate such installations. The above approved improvements shall be in accordance with the Plans and Specifications dated February 2018,which by this reference are incorporated herein as Exhibits C-1 and C-2. 10. PERSONAL PROPERTY. A. The COUNTY shall not be liable in any manner for, or on account of, any loss or damage sustained to any property of whatsoever kind stored, kept, or maintained in or about the Premises, except for such claims or losses that may be caused by the COUNTY, its authorized agents, or employees. B. MTA shall not be liable in any manner for, or on account of, any loss or damage sustained to COUNTY, its franchisees, lessees, and permittees, or other authorized users' personal property of whatsoever kind stored,kept, or maintained on or about the Premises, except for such claims or losses that may be caused by MTA, its authorized agents, or employees. C. Upon termination of this Agreement,the COUNTY or its agent may remove all personal property of MTA and MTA improvements or modifications to the Premises remaining on the Premises at MTA' s expense and dispose of it in any manner the COUNTY deems appropriate. MTA agrees to reimburse the COUNTY for the costs of such removal and disposal within thirty(30)calendar days of the date of the COUNTY's invoice. -4- DRAFT 11. CONSTRUCTION.No construction of new or reconstruction of existing improvements is permitted without the prior written approval of the COUNTY. MTA covenants that any regrading or improvements to be constructed on the Premises will not at any time during or after construction either damage,threaten to damage, or otherwise adversely affect any part or element of the highway facility or the operation thereof. The COUNTY shall be furnished with one(1) set of complete plans, details, and specifications and revisions thereto for grading and all improvements proposed to be placed on the Premises, and no work shall be done without prior written approval of such plans by the COUNTY. All construction work shall be done in conformity with the plans and specifications as approved. All construction shall comply with the COUNTY codes, regulations,construction standards,permit requirements, or other applicable rules,which includes but is not limited to inspection by a certified project inspector. The COUNTY may take any action necessary, including directing that work be temporarily stopped or that additional work be done,to ensure observation of the plans and specifications,protection of all parts and elements of the facility, and compliance with the COUNTY's construction and safety standards. The improvements shall be designed and constructed in a manner that will permit access to the Premises for the purpose of inspection, maintenance, and construction when necessary. 12. COUNTY RESERVATION OF RIGHT. A. Right of Entry. (1) Nothing herein shall affect the COUNTY's, its agent's, and/or contractor's right to enter upon and use the Premises at any time for any purpose. (2) Other than in an emergency, the COUNTY, as a matter of courtesy, will attempt to give MTA a minimum of thirty(30)calendar days'notice of any entry that will unreasonably disrupt MTA's operation or maintenance on the Premises. All reasonable steps will be taken to minimize impacts to MTA's operation and maintenance;however,the COUNTY assumes no liability of any kind for any such disruption. B. Right to Grant/Maintain/Operate Utility Franchises/Permits/Easements/Leases. (1) Nothing in this Agreement shall affect the COUNTY' s right to grant franchises, easements,permits, or enter into leases or other documents concerning the use of the Premises; provided that, such use does not unreasonably interfere with MTA' s operation or maintenance of the Premises. (2) Nothing in this Agreement shall affect the right for franchisees, permittees, or lessees, to enter upon the Premises to maintain,repair, and enhance existing facilities and install,maintain, and repair new facilities. (3) Any installation, maintenance, and repair of the Premises by a franchisee, permittee, or lessee will be accomplished in such a manner as to minimize any disruption to MTA's operation and maintenance on the Premises. Except in the event of an emergency,the franchisee, permittee,or lessee will be required to notify MTA of activities that will involve the -5- DRAFT use of the Premises prior to such use. In addition,the franchisee, permittee, or lessee will be required to restore paving and grading damaged by the installation, maintenance, and/or repair. 13. VACATION OF PREMISES. Upon termination of this Agreement, MTA shall cease its operations on the Premises and, if so directed by the COUNTY,restore the Premises to its condition prior to MTA's occupancy. This restoration may include the removal of personal property and any MTA improvements or modifications to the Premises. This work shall be done at MTA's expense and to the reasonable satisfaction of the COUNTY. In the event MTA fails to vacate and, if so directed by the COUNTY, restore the Premises prior to the date of termination, MTA shall be liable for any and all costs to the COUNTY arising from such failure and agrees to reimburse the COUNTY for all such costs within thirty(30)calendar days of the date of the COUNTY' s invoice for such costs. 14. TAXES/ASSESSMENTS/UTILITIES. A. MTA agrees to pay all assessments that benefit the Premises, and/or which may hereafter become a lien on the interest of MTA. MTA shall have the right to appeal disputed charges. B. MTA also agrees to pay all taxes that may hereafter be levied or imposed upon MTA or by reason of this Agreement. MTA shall have the right to appeal disputed charges. C. MTA agrees, except as noted herein, to pay the cost for all utility bills incurred at the Park and Ride Lot, including,but not limited to, sewer, electric, water, surcharges, and rate adjustments that serve the Premises. MTA also agrees to pay any other fee associated with the Premises that may be required by the COUNTY code. 15. LIENS. A. Nothing in this Agreement shall be deemed to make MTA the agent of the COUNTY for purposes of construction,repair, alteration,or installation of structures, improvements, equipment, or facilities on the Premises. MTA acknowledges that the COUNTY may not, and shall not, be subject to claims or liens for labor or materials in connection with such activities by MTA. B. MTA shall at all times indemnify, save and hold the COUNTY harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of MTA's structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including attorney fees. C. In the event a lien is filed upon the Premises, MTA shall either(1)record a valid release of lien; or(2) deposit sufficient cash with the COUNTY to cover the amount of the claim on the lien in question, and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to lienholder claim; or(3)procure and record a bond which releases the Premises from the claim of the lien and from any action brought to foreclose the lien. Should MTA fail to accomplish either -6- DRAFT C. (1), (2)or(3) above within thirty(30) calendar days after the filing of such a lien,this Agreement shall be in default per Section 5.A.(1). 16. ENVIRONMENTAL REQUIREMENTS. A. The COUNTY and MTA each represent,warrant, and agree that it will conduct its activities on and off the Premises in compliance with all applicable environmental laws. As used in this Agreement, "Environmental Laws" means all federal, state, and local environmental laws, rules,regulations, ordinances,judicial, or administrative decrees, orders, decisions, authorizations, or permits, including,but not limited to,the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et. seq.,the Clean Air Act,42 U.S.C. § 7401, et seq.,the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.,the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 11001, et seq.,the Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. § 9601, et seq.,the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and Washington or any other comparable local, state, or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto, including all amendments and/or revisions to said laws and regulations. B. Toxic or hazardous substances are not allowed on the Premises without the express written permission of the COUNTY and under such terms and conditions as may be specified by the COUNTY. For the purposes of this Agreement, "Hazardous Substances," shall include all those substances identified as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., and the Washington Model Toxics Control Act, RCW 70.1051)et seq., including all amendments and/or revisions to said laws and regulations, and shall include gasoline and other petroleum products. MTA is hereby authorized to bring on to the Premises gasoline and petroleum products necessary to carry out the maintenance and operation requirements set forth in this Agreement. In the event such permission is granted,the disposal of such materials must be done in a legal manner by MTA. C. MTA agrees to cooperate in any environmental investigations conducted by the COUNTY staff or independent third parties where there is evidence of contamination on the Premises, or where the COUNTY is directed to conduct such audit by an agency or agencies having jurisdiction. MTA will reimburse the COUNTY for the cost of such investigations, where the need for said investigation is determined to be caused by MTA's operations. MTA will provide the COUNTY with notice of any inspections of the Premises, notices of violations, and orders to clean up contamination. MTA will permit the COUNTY to participate in all settlement or abatement discussions. In the event that MTA fails to take remedial measures as duly directed by a state, federal, or local regulatory agency within ninety(90) calendar days of such notice,the COUNTY may elect to perform such work, and MTA covenants and agrees to reimburse the COUNTY for all direct and indirect costs associated with the COUNTY's work where those costs are determined to have resulted from MTA's use of the Premises. MTA further agrees that the use of the Premises shall be such that no hazardous or objectionable smoke, fumes, vapor, odors, or discharge of any kind shall rise above the grade of the right of way. -7- DRAFT D. For the purposes of this Agreement, "Costs" shall include, but not be limited to, all response costs, disposal fees, investigatory costs, monitoring costs, civil or criminal penalties, and attorney fees and other litigation costs incurred in complying with state or federal environmental laws, which shall include,but not be limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq.; the Clean Water Act, 33 U.S.C. § 1251; the Clean Air Act,42 U.S.C. § 7401;the Resource Conservation and Recovery Act, 42 U.S.C. § 6901; and the Washington Model Toxics Control Act, RCW 70.105D et seq., including all amendments and/or revisions to said laws and regulations. E. MTA agrees to defend, indemnify, and hold the COUNTY harmless from and against any and all claims, causes of action, demands, and liability including,but not limited to, any costs, liabilities,damages,expenses, assessments,penalties, fines, losses,judgments, and attorneys'fees associated with the removal or remediation of any Hazardous Substances that have been released, or otherwise come to be located on the Premises, including those that may have migrated from the Premises through water or soil to other properties which are caused by or result from MTA'S activities on the Premises. MTA further agrees to retain, defend, indemnify, and hold the COUNTY harmless from any and all liability arising from the offsite disposal,handling,treatment, storage, or transportation of any such Hazardous Substances removed from said Premises. F. The COUNTY agrees to indemnify, defend, and hold MTA harmless from and against any and all claims, causes of action, demands, and liability including,but not limited to, any costs, liabilities, damages, expenses, assessments,penalties, fines, losses,judgments, and attorneys' fees associated with the existence of, and/or removal or remediation of any Hazardous Substances that have been released, or otherwise come to be located on the Premises, including those that may have migrated from the Premises through water or soil to the other properties, which are caused by or result from the COUNTY's activities on the Premises. The COUNTY further agrees to retain indemnify, defend, and hold MTA harmless from any and all liability arising from the off-site disposal,handling,treatment, storage, or transportation of any such Hazardous Substances removed from the Premises. G. The provisions of this Section shall survive the termination or expiration of this Agreement. 17. INSURANCE. MTA will maintain general, auto and completed operations liability coverage to assume the general, auto, and completed operations liability risks associated with the work under this Agreement. COUNTY understands and acknowledges that MTA is a member of a risk-sharing program,the Washington State Transit Insurance Pool. As such,the Washington State Transit Insurance Pool provides the equivalent of these coverages normally found under a commercial lines policy or policies: • Auto liability coverage for any auto (owned or non-owned)no less than$1 million each accident. • General liability coverage no less than $5 million per occurrence or a$10 million aggregate limit. This also provides products and completed operations and personal injury. -8- DRAFT • Pollution liability insurance for this specific location no less than$1 million per pollution condition with an annual aggregate of at least$1 million and shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense or settlement of claims. MTA maintains workers' compensation as required by the Industrial Insurance laws of Washington through the state of Washington Department of Labor and Industries. Should MTA add structures or personal property to this property, MTA agrees to insure such in the following manner: • All risk property insurance coverage. MTA is solely responsible for the payment of any deductible or self-insured retention. 18. INDEMNIFICATION. A. MTA, its successors, and assigns,will protect, save, and hold harmless the COUNTY, its authorized agents, and employees, from all claims, actions, costs, damages, (both to persons and/or property) or expenses of any nature whatsoever by reason of the acts or omissions of MTA, its assigns, MTA's subagents, contractors, licensees, invitees,employees, or any person whomsoever, arising out of or in connection with any acts or activities related to this Agreement on or off the Premises. MTA further agrees to defend the COUNTY, its agents, or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with acts or activities related to this Agreement, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Premises. This obligation shall not include such claims, actions, costs, damages, or expenses which may be caused by the negligence of the COUNTY or its authorized agents or employees. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the MTA and the COUNTY, its officers, officials, employees, and volunteers,the MTA's liability hereunder shall be only to the extep.t of the MTA's negligence. B. COUNTY its successors, and assigns, will protect, save, and hold harmless MTA, its authorized agents,and employees, from all claims, actions, costs, damages, (both to persons and/or property) or expenses of any nature whatsoever by reason of the acts or omissions of COUNTY, its assigns, MTA's subagents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities related to this Agreement on or off the Premises. COUNTY further agrees to defend the MTA its agents, or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with acts or activities related to this Agreement,whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the Premises. This obligation shall not include such claims, actions, -9- DRAFT costs,damages, or expenses which may be caused by the negligence of the MTA or its authorized agents or employees. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the MTA and the COUNTY, its officers, officials, employees, and volunteers,the COUNTY's liability hereunder shall be only to the extent of the MTA's negligence. C. WAIVER: Both Parties agree that its obligations under this Section extend to any claim, demand, and/or cause of action brought by, or on behalf of,any of its employees or agents while occupying the Premises for any purpose. For this purpose, Parties,by MUTUAL NEGOTIATION, hereby waives with respect to the Party only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. D. The provisions contained in this Section shall survive the termination or expiration of this Agreement. 19. INDEPENDENT CAPACITY. MTA shall be deemed an independent contractor for all purposes and the employees of MTA or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of the COUNTY. 20. NONDISCRIMINATION. MTA, for itself, its successors and assigns, as part of the consideration hereof, do hereby agree to comply with all applicable civil rights and antidiscrimination requirements, including but not limited to chapter 49.60 RCW. 21. ASSIGNMENT. Neither this Agreement nor any rights created by it may be assigned, sublet, or transferred. 22. BINDING CONTRACT. This Agreement shall not become binding upon the COUNTY unless and until executed by COUNTY signatories. 23. PERFORMANCE BY COUNTY. A. If MTA defaults in the performance or observation of any covenant or agreement contained in this Agreement, the COUNTY,without notice if deemed by the COUNTY that an emergency exists, or if no emergency, with thirty (30)calendar days' written notice, may direct MTA to stop work and may itself perform or cause to be performed such covenant or agreement. Such emergency shall include, but not be limited to, endangerment of the life or safety of users of the Park and Ride Lot and the adjacent highway facility, or the endangerment of the Park and Ride Lot or the adjacent highway facility. B. MTA shall reimburse the COUNTY the entire cost and expense of such performance by the COUNTY within thi 1 iy(30) calendar days of the date of the COUNTY's invoice. -10- DRAFT C. Any act or thing done by the COUNTY under the provisions of this Section shall not be construed as a waiver of any agreement or condition herein contained or the performance thereof. 24. MODIFICATIONS. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto. No failure on the part of either party to enforce any covenant or provision herein contained,nor any waiver of any right thereunder, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the either party to enforce the same in the event of any subsequent breach or default. 25. INTERPRETATION. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Washington. The title to paragraphs or sections of this Agreement are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 26. SEVERABILITY. If any covenant or provision or part thereof, of the Agreement be adjudged void, such adjudication shall not affect the validity, obligation,or performance of any other covenant or provision or part thereof,which in itself is valid, if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement. 27. TOTALITY OF AGREEMENT. It is understood that no guarantees,representations, promises, or statements expressed or implied have been made by either party except to the extent that the same are expressed in the Agreement. 28. DISPUTE RESOLUTION. A. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this Agreement: COUNTY: County Engineer MTA: MTA General Manager B. COUNTY Designated Representative and MTA Designated Representative shall confer to resolve disputes that arise under this Agreement as requested by either party. The Designated Representatives shall use their best efforts and exercise good faith to resolve such disputes. C. In the event the Designated Representatives are unable to resolve the dispute,the appropriate COUNTY Administrator and the MTA General Manager for MTA shall confer and exercise good faith to resolve the dispute. D. In the event the COUNTY Administrator and the MTA General Manager for MTA are unable to resolve the dispute,the parties may, if mutually agreed in writing, submit the matter to non-binding mediation. The parties shall then seek to mutually agree upon the mediation process,who shall serve as the mediator, and the time frame the parties are willing to discuss the disputed issue(s). -11- DRAFT E. Each party shall bring to the mediation session, unless excused from doing so by the mediator, a representative from its side with full settlement authority. In addition, each party shall bring counsel and such other persons as needed to contribute to a resolution of the dispute. The mediation process is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such conference from later discovery or use in evidence; provided that, any settlement executed by the parties shall not be considered confidential and may be disclosed. Each Party shall pay its own costs for mediation and share equally in the cost of the mediator. The venue for the mediation shall be in Shelton, Washington, unless the parties mutually agree in writing to a different location. F. If the parties cannot mutually agree as to the appropriateness of mediation,the mediation process,who shall serve as mediator, or the mediation is not successful,then either party may institute a legal action in the County of Mason, State of Washington, unless other venue is mutually agreed to in writing. The parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 29. ATTORNEYS' FEES. In the event of any controversy, claim,or dispute arising out of this Agreement, each party shall be solely responsible for the payment of its own attorney's fees and costs. 30. VENUE. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement,the parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction situated in Mason County, Washington. 31. AGREEMENT MANAGEMENT. A. The Program Manager for each of the parties shall be responsible for administration of this Agreement and shall be the contact person for all communications and billings regarding the administration of this Agreement, which expressly excludes notices of default and reporting, and correcting defects covered under warranty. B. The Program Manager for MTA is: MTA General Manager. C. The Program Manager for the COUNTY is: County Engineer D. Either party may, from time to time,by notice in writing served upon the other party as required elsewhere herein, designate an additional and/or a different mailing address or an additional and/or different person to whom such notice, request,report or other communication are thereafter to be addressed. 32. NOTICES. A. Wherever in this Agreement written notices are to be given or made,they will be served, personally delivered or sent by certified mail or overnight mail addressed to the -12- D RAF T appropriate party(ies) at the addresses provided herein, unless a different address is designated in writing or delivered to the other party. B. Notices of default of this Agreement shall be given to the Program Manager and the individuals listed below: (1) MTA: MTA General Manager 790 East Johns Prairie Road Shelton, WA 98584 (2) COUNTY: Mason County Public Works Mike Collins, PE,PLS, County Engineer 100 W Public Works Drive Shelton, WA 98584 C. Either party may, from time to time, by notice in writing served upon the other party as required elsewhere herein, designate an additional and/or a different mailing address or an additional and/or different person to whom notices of default are to thereafter to be addressed. Mason County Public Transportation Board of County Commissioner Benefit Area, dba Mason Transit Authority Mason County, Washington By: Mike Collins, PE,PLS, County Engineer Approved as to form: Approved as to form: Robert W. Johnson,PLLC Tim Whitehead, Ch. DPA -13- T.21 N., R. 02 W., S 29,W.M. NOTES LEGEND EXHIBIT A O INSTALLS DETAIL ON SHEET SP-3)P 9 ���� PROPERTY LINE A-.INE IW00.W ACCESSIBLE PARKING INSTALL DO NOT ENTER SO 71NB-I1190337.5660.00 (SEE DETAIL ON SHEET SP-3) FIES, (SEE DETAIL ON SHEET SP-2) E 1027159.62 000+++ INSTALL ACCESSIBLE PARIONG SIGN AND WHEEL STOP PER DETAIL VAN ABLE SIGN (SEE DETAIL ON SHEET SP-2) SEE CEMENT CONCRETE PA / `1tk (SEE DETAIL ON SHEET SP-3) JONTNG DETAIL ON SHEET Sp_5 / \ EXTRUDED CURB INSTALL ACCESSIBLE PARIONG SIGN (SEE DETAIL ON SHEET SP-2) O (SEE DETAIL ON SHEET SP-J) CEMENT CONC.CURB AND GUTTER (SEE DETAIL ON SHEET SP-2)•'� 0 INSTALL RELOCATED PART(AND RICE A� 'av� ,Fj -r� \ (n MONOLITHIC CEMENT CONC.CURB AND SIDEWALK /iy�yo ✓%%ram \.`1 \ Qe HANG HUT MODE 14-2R BUS SHELTER. (SEE DETAIL ON SHEET SP-2) 3\ �` 1 �•®/, \`a CONTRACTOR SHALL COORDINATE DINER NTH _s\� �((� % �, �.tk \ \NN wrA.CONTRACTOR ro INSTALL , 18'OURS CUT Y' \\\ a (SEE DETAIL ON SHEET SD-4) 0 40 10 t` ,p SCALE W FEET \Sj •r/%%' 96 \\�\ PLASM STOP BAR /\i a a•%�'./j 30 27 16 12.15�\`\ ' OK STALL COUNT a: :••/ A' 10.0 \\\\ ` SIGN /gyp / /'!+'- a•'a• ~�.Ir 11 P4.5 9 \ •h`\ ...,,.©,. CONCRETE SIDEWALK \ 95 \ \ A-IRE 12.61 (SEE DETAIL ON SHEET SP-2) 24 15 iii \\ ANG E POINT 0 \ \ \ f N:102720 ASPHALT PANNE Nos \\ T0272e7.09 (SEE DETAIL ON SHEET SP-2) 2 .0 0 R4.5 I6 26� A \ (SEE TAIL ASPHALT PAINING N:nB716.0eO17I .s,.`� 4. 14 e <\ \\' _. (SEE DETAIL ON SHEET SP-2) E 1026BJJ.7E I ' J,•^C�/ B0.5 J AILS R4.5 101 4 14 1 50 I 4 \ \ BUS 910.1EA 0 (�DETAIL ON IT T SP-2) - ••7._.-_r_. R9.5 25 s BMW^ M 104 `1:xLs 10 24 93 700 7 STALL COUNT SUMMARY I" -- r,,Rn7 43 a-`- 47 49 SALT ADA It : 12` �sb.=.\ �EXISTING ROAD 2eT STALLS PRIOR ro DEMOLITION 6 r N -•_ 6 R9.5 17 NEW STALLS: 70 STALLS TO BE CONSTRUCTED 10. GRADING ON A2S ZI \ .4J9.J17 DIFFERENCE 42 ADDITIONAL STALLS RI90.5 r,^ r 19 LS 4B0 0. R•95{.930 ��. T 20 1^ TOTAL STALLS: 70 STALLS(42 ADDITIONAL STALLS) POINT TABLE POINT TABLE POINT TABLE POINT TABLE ` 1 IN POINT I NOI11H9NG EASING PORT I NORTHING FASTING POINT I NORTHING EAM POINT 1 NORTHING EASIM 1 715791.35 1026855.69 16 71805605 1027131.74 31 7188i6.50 1026919A7 46 718691.02 1027024.7 90 ` POINT TABLE B R505 2 716T77.97 1026562.47 17 718799.31 1027156.32 32 718521.59 102MO. 47 716603A5 f027064.63 ,^` r�._.r.`-`r.• `\'• K 3 71BT70.91 102685698 t5 715723.47 1027I98.10 33 716754.25 ID2 OMMISS 48 718679.32 1027077.09 I NORTHING EASiWG '>•� + AL `1 }; �r_ + `� New 4 71876144 1026956.81 19 71M3&92 1027244.12 34 716710.22 10269M.14149 715623.58 1027009.97 96 71558L00 1027059. \s\ '`\�a{ \\ 5 718704.51 026889.84 20 71062537 1027232.64 35 718724.03 IOI8917.67 50 71A759.75 102703150 97 718731.62 1027136.85 ii 5 7196B6.e1 1026915.11 21 718657.52 1OV139.92 36 718737.15 1025010.63 51 716754.93 1027044.75 98 718602.26 1027224.51 ��# 'r•, 7 715670.31 1027021.D4 22 718B6LIJ 1027134.70 77 718797.85 1027021.09 52 716741.80 1027051.98 99 718711.19 1027334.32 �'�1� �`• A�A� 8 718661.35 2J 718709.73 10271OL23 38 7187B4.71 102102E 53 715707.12 102698688 100 71864115 1027389.12 ` 9 716597.58 24 71071651 1027110.20 39 7187B9.S3 1027037.09 54 718720.20 1026981.67 101 718767.00 1027119.16 \ A-lRE 17400 10 71860T.85 t 25 718723.85 1027I2152 40 716824.S3 1027017.82 55 718722.17 1026974.88 102 718698.39 1027087. N:112M.0 E:1027�01.02 d 11 118641.8E 25 71877L63 1027108.64 41 710819.70 1027009.0556 71am.41 1026071.70 1DJ 715740.81 1027063.E12 715676.14 27 718065.74 102704E 4I 718506.61 1027016.27 92 718780.34 1027140.37 104 715699.43 102699601 IJ 71865693 25 716856.42 1027025.41 43 711711.11 110259MB5 93 71871138 10271BO.15 105 718813.78 102718L60 14 71OM31 1027262.7 29 1 718800.3E 1027014.82 44 718759.OB 102689662 94 718006.63 1=40.54 15 7111522.25 IOD17/.93 30 1 71M74.52 11027007.04 45 718701.77 1026974.90 95 71BM&3 IM7177A C wxspxs an n msuoer: rsux an: � P�41� °"''"agMi d IuMT9AltrAt 16/27/17 u. a9 TA6WRNn a�aalcaaor1 �'� MASON TRANSIT AUTHORITY SP-1 ALL DIMENSIONS a� i 774a1911YRA ° °�° Ir.exn Ayp SHOWN IN FEET /A, PICKERING ROAD UNLESS OTHERWISE S m ALLIANCE onrM cm-I-nno K e nc u PARK AND RIDE DEVELOPMENT MeE r q Tow VUNF14' DESIGNATED •.a+a+° Trn uxsso-i.6S:uon7:�so°"ueronwu s sauu•xcLm. 4 a 12 SITE PLAN AND HORIZONTAL CONTROL PLAN EXHIBIT A-I Pickering Road Park and Ride Legal Description EXHIBIT A-2 Pickering Road Park and Ride Signage Plan T. 20 N., R.03 W., S. 32,W.M. LEGEND EXHIBIT B ---- PROPERTY LINE ACLE$So F PAAIONC ® ® (SEE DETAIL ON SHEET SP-7) WHEEL STOP PEA DETAIL (SEE DETAIL ON SHEET S'-I) ��-��--•�---�� �� O STALL COUNT ASPHALT PAVEMENT OVERLAY \ H (SEE DETAIL ON SHEET SP-7) 0 A W 4 SIGN SGIE IN FEET A-LINE `\♦ � PLAN 1s ARROW PER Wwor sm IR/d!u-94.40 =J9se7 (SE CRAIG RD) ONLY *ONLY* LAN MARKING PER"s°°r sro ,, ;=199.6096 13+00 ♦ / ..._---........_____- q STOP *STOP*NARKING LETTERING PER � .-----_ WSDOT DOT SiD PLAN N-60.30 ulnmllAvn-mil mmm.�punTT'jHr�� L f / N}V / 5 /10 r'•+1}}}nUS' \ \ A-L1NE I{+YS P.T. D, E.994651.96 � VRn� � \ E.994819.J9 ` \ \` \♦ STALL COUNT SUMMARY i rnF Rao/y PARKING LOT EbsnNc srAlls :9 srAL15 PRIOR TO IYfl1oT4YENTs NEW STILLS: J7 STALLS TO CONSifNCTED 19.0' JB ♦ gEPFAQICE; J ADDITIONAL STALLS f ( 7ILL LL 27 L � �ccc�'R'R��cictt:'c♦aRccn�acettA;�rt� \ ter - r NOTES INSTALL DO NOT ENTER SIGN(SEE DETAIL ON SHEET SP-J) A _— ' 1 O INSTALL YTA SO(SEE DETAIL ON SHEET SP-J) / r 10+19 P.GIy� eE-INE N: 8 A-URE TD+00 R.6649{&J5 E 994675.79 AFMa0x5 m°."cLxuif. x�xcx.. "µgo aAwArzn { "uANo/s =` MASON TRANSIT AUTHORITY SP.1 7 I PDIMT SOMA. l6n,n, w „-a,, a� ALL aMEN5ON5 COLE ROAD= FllwwaErru m/99/l9 w 9Auwm AxA.. •Q $CJ PLLLIANCE SHOWN IN FEET UNLESS(ITHERIMSE PARK AND RIDE DEVELOPMENT p u•u!°n: pu,+wo„Ltx,.. DESIGNATED l�101AIION Ux[uL fUitf]O°,LKfr,WAfNixLlOx 9C516 MTA q A.xa,• or•mmw F 160�wuuixamMs'"09 SITE PLAN&HORIZONTAL CONTROL PLAN 4 °` 9 le EXHIBIT B-1 Cole Road Park and Ride Legal Description EXHIBIT B-2 Cole Road Park and Ride Signage Plan MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Daniel Goodell, Presiding Judge Amber Finlay, Judge Monty Cobb, Judge Jim Madsen Chief Administrator DEPARTMENT: Superior Court EXT: 206/332 BRIEFING DATE: 7/12/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Create Administrative Secretary/Judicial Assistant position in Superior Court EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Previously, the Superior Court requested the approval of a proposed reorganization of its administrative structure in order to better manage the three divisions of the Court. This request was laid out in a three phase approach. The BOCC approved Phase one which included the creation of the Chief Superior Court Administrator and Juvenile Detention Manager positions. We are currently in Phase 2 which includes analysis of the staffing and leadership roles within the general Superior Court Division. Phase 3 will include a comprehensive look at the Juvenile Court Division. Mason County Superior Court's historical staffing pattern included 3 Judicial Assistants for the two Superior Court Judges and part time Court Commissioner with the Superior Court Administrator position assisting as a 'Ath Judicial Assistant". Since 1/1/2015 Mason County has added a third Superior Court Judge, increased the Court Commissioner to nearly full time in order to accommodate expanding judicial caseloads, and added multiple additional therapeutic courts. During this timeframe no additional Judicial Assistant/administrative support has been added with the increase in work. Although we are continuing to evaluate the needs in the second phase of the reorganization, it has become apparent that we have an immediate need for additional administrative support manage the workflow in the Superior Court Administrative office. The new Chief Superior Court Administrator is managing the three departments of the Courts (Juvenile, Therapeutic and Superior Courts) and is unable to regularly assist with Judicial Assistant duties as the previous Superior Court Administrator did. This request creates a 1.0 FTE position reporting to the Chief Court Administrator providing office support for the Superior Court Administration office. Briefing Summary 7/7/2021 BUDGET IMPACT: 1 FTE's with benefits at Non-Represented Range 13. The range would be $71,992 for"Entry" level up to $81,963 for an employee at Step 5. PUBLIC OUTREACH: (Include any legal requirements,direct notice,website,community meetings,etc.) N/A RECOMMENDED OR REQUESTED ACTION: Approve the Superior Court's request to create, post and fill the Administrative Secretary/Judicial Assistant position. ATTACHMENTS: Administrative Secretary/Judicial Assistant Position Description Briefing Summary 7/7/2021 1 T� POSITION DESCRIPTION Title: Department: Administrative Secretary/Judicial Assistant Superior Court Affiliation: Reports to: Non-Represented Chief Superior Court Administrator Salary Range: Supervises/Directs: According to current Non-Represented salary None scale Job Class: Risk Class: 5306-07 Exempt: Non-Exempt: X Elected Official Approval Date: Human Resources Approval Date: JOB SUMMARY: Provides legal secretarial and office support, along with support for Court dockets and trials, by assisting in the management of court proceedings, generating routine correspondence and paperwork. WORK/RESPONSIBILITIES: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Hosts virtual Court proceedings, through the Zoom platform or other related platforms. Review and monitor the quality of the court record. Works with the IT Department and Facilities Department to insure that Court proceedings are adequately supported. Sets up virtual Court proceedings, including contacting participants in order to work through evidentiary/procedural challenges, working with the Clerk's office to insure that its requirements are met, working with the judicial officer to insure that the appropriate protocol is established and communicated to the parties. Works with parties involved in virtual Court proceedings to insure that exhibits are prepared in the appropriate manner. Assists Administrative Staff by: preparing general correspondence and paperwork as needed, answering incoming calls, assisting visitors, taking messages, determining needs, answering general questions and furnishing information regarding established procedures, policies and services; developing and maintaining court schedules; monitoring cases and adjusting caseloads and courtrooms as necessary; scheduling trials, conferences and hearings; reviewing files and correspondence to assure readiness for court; verifying data and preparing notices for appropriate parties; assisting in the maintenance of the law library, drafting orders, letters, memoranda or other correspondence; preparation of jury instructions for the court, maintaining non-court calendars and office files to ensure a smooth flow of work through the department; obtaining judge's signature on all Est. 09.22.2020 documents requiring court's review; tracking files and obtaining information and files for review and processing by the judge. Works as a Bailiff and/or assists Bailiffs in the performance of their duties during jury trials. Assists individuals attending court by instructing participants about court protocols as needed. Maintains confidentiality of all sensitive reports, correspondence, conversations, special inquiries, closed proceedings or other confidential matters. Maintains reliable and punctual attendance. Performs other related duties as assigned by Chief Superior Court Administrator. DISTINGUISHING FEATURES: The Administrative Secretary is primarily responsible for working with Court Administration, Judicial Officers, and parties to facilitate Court Proceedings. WORKING CONDITIONS: Work is performed primarily in an office or courtroom environment. Required to sit, talk, and hear; frequently required to use hands-to-finger, feel or handle writing utensils, computers and office supplies which require repetitive arm, wrist and hand movement. Occasionally required to stand and reach with arms and hands, climb, balance, stoop, kneel, crouch, bend or crawl. Specific vision abilities include close, distant, color, and peripheral vision, depth perception and to adjust focus. The employee is occasionally required to lift or move up to 30 pounds. Position requires mental acuity to ensure thorough mental analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the department. The employee may be required to deal with irate, disgruntled and sometimes hostile individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. QUALIFICATIONS: Knowledge, Skills & Abilities; Knowledge of: Law office practices, legal forms and terminology. Court practice and rules. Fluent in Microsoft Office products, including Word and Excel. Zoom meeting platform. Ability to: Professionally represent the Court to the participants. Est. 09.22.2020 Type 30 words per minute. Establish and follow priorities, problem solve while working with other staff and judicial officers to promote the function of the Court. Establish and maintain effective working relationships with the public, participants, judicial officers and administrative staff. Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience that provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical way to obtain the knowledge and abilities would be: Two years of college level coursework and two years legal/administrative secretarial experience, or equivalent; OR High school diploma or G.E.D. and five years legal/administrative secretarial experience, or equivalent, OR any combination of education and experience that provides the required skills, knowledge and abilities. LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: A valid Washington State drivers' license. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment & Discrimination-Annually Smart Risk Management-Once Slip, Trip and Fall-Annually Safe Lifting Practices-Annually FEMA IS 100 and 700 — Once FEMA 907 - Annually REGULAR MONITORED DRIVER:—No— Additional job specific trainings may be issued at a later date. Human Resources Signature of Approval: Date: Elected Official Signature of Approval: Date: I have read and understand the above position description: Name: Date: Est.09.22.2020 Signature: Est. 09.22.2020 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 206/332 BRIEFING DATE: 7/12/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Juvenile Detention Officer EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Juvenile Detention Center is down one full time regular Detention Officer (Male). Our department would now like to fill the position and bring the facility back up to regular staffing. BUDGET IMPACTS: There are not any financial impacts of hiring this position. All funding for this position is already accounted for in the approved Juvenile Detention budget. RECOMMENDED OR REQUESTED ACTION: Allow Juvenile Court Services to open a recruitment for a Juvenile Detention Officer (Male) position. ATTACHMENTS: N/A Briefing Summary 7/7/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen, Chief Court Administrator DEPARTMENT: Juvenile Court Services EXT: 206/332 BRIEFING DATE: 7/12/21 PREVIOUS BRIEFING DATES: if this is a follow-up briefing, please provide only new information ITEM: Juvenile Detention Alternatives Initiative (JDAI) grant contract SFY 2022 and 2023 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Juvenile Detention Alternatives Initiative is a nationwide initiative created by the Annie E. Casey Foundation that reduces detention populations by ensuring juvenile courts are only detaining offenders that need to be detained. These funds enable the county to provide staff support and the creation of alternative programming in lieu of detention. There are no matching funds requirements for this grant. BUDGET IMPACTS: This grant provides $24,500/year of revenue to Juvenile Court Services. The funds are used to provide programming, purchase supplies and equipment, and pay a portion of a staffs salary and benefits. RECOMMENDED ACTION: 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. ATTACHMENTS: 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. Briefing Summary 7/6/2021 DCYF Agreement Number COUNTY PROGRAM AGREEMENT 2163-23920 ;= JDAI Implementation 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 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 Page 1 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 15th 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, January 15tn, April 15tn, and July 15th 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 15tn, April 15tn, and July 15tn) at a minimum; however, monthly submissions are also acceptable. d. Annual Results Report due by March 15tn, 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 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 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 JDAllmplementation: 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 DaVsi 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 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 8 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 2081CF 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 2081 CIF 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 auditor 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 2081CF 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 underage 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 2081 CF County Agreement-General Terms and Conditions(8-1-2019) Page 10