Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021/09/28 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 September 28, 2021 9:00 a.m. Our Commission meetings are live streamed at http://masonwebtv.com/ In compliance with Proclamation by the Governor 20-25.14 and the Order of the Secretary of Health 20- 03.3, in person attendance is temporarily restricted. During this time, we will accept public comment and testimony using Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act (OPMA) meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Proclamation – National 4-H Week by Dan Teuteberg 4.3 News Release – Mason County Recognizes 45 Employees for Years of Service by Chair Cmmr. Neatherlin 4.4 News Release – Mason County Parks and Trails Advisory Board Openings by Cmmr. Trask 4.5 News Release – Clean Water District Advisory Committee Vacancy by Alex Paysse 4.6 News Release – Housing Authority of Mason County Board of Commissioners Opening by Frank Pinter 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. (3 minutes per person, 15-minute time limit.) 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” maybe be acted upon before 9:15 a.m. 7. Approval of Minutes – August 16, 2021 and August 30, 2021 Briefing Minutes and August 17, 2021 and September 14, 2021 Regular Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants & Treasure Electronic Remittances Claims Clearing Fund Warrant # 8083175-8083377 $ 1,737,468.51 Direct Deposit Fund Warrant # $ Salary Clearing Fund Warrant # $ Treasurer Electronic Remittances $ 8.2 Approval for the Information Technology (IT) Department to purchase the Mason County Storage Area Network (SAN) upgrade using American Rescue Plan Act (ARPA) funds. 8.3 Approval of the Resolution authorizing the County Treasurer to distribute the Public Utility District Excise Tax per RCW 54.28.090. 8.4 Approval of Amendment 23 to Consolidated Contract # CLH18253 with the Department of Health adding Statements of Work for $29,605 for Emergency Preparedness; $202,891 for Foundational Public Health Services; $50,000 for Overdose Prevention; and amending Statements of Work extending the end date for COVID-19 Coordinated Response to December 31, 2021; $16,924 for Maternal Child Health; and $15,000 for Wastewater Management. 8.5 Approval of the Park Host Contract for Walker Park with Robert Chavis. 8.6 Approval to reappoint Dan Dittmer to the Veterans Advisory Board for a two-year term ending November 1, 2023 and appoint Pamela Stevens Y Perez for a two-year term ending September 28, 2023. 8.7 Approval of both the January 2021 – December 2023 Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County’s Juvenile Detention Unit and Probation Unit. 8.8 Approval of the amendment of Resolution # 73-03 to change the County agent designated to receive claims for damages from the Clerk of the Board to the designated Risk Manager. 8.9 Approval to pay Nichole Wilston, Risk and Safety Compliance Manager, 10% Lead Pay effective September 1, 2021; pay Carl (Bud) Olson, Parks Department, 10% Lead Pay effective September 16, 2021; and pay Tammi Wright, Emergency Management, 10% Lead Pay effective September 16, 2021 until the management position(s) are created and filled. 8.10 Approval to set a Public Hearing for Tuesday, October 26, 2021 at 9:15 a.m. to consider approving the franchise agreement between Mason County and Orchard Beach Community Group to construct, operate, and maintain their water system along Orchard Beach Drive. 8.11 Approval to authorize the Public Works Utilities and Waste Division to purchase two new pumps for the Lakewood Lakeland pump station for approximately $38,353.28 plus tax and freight using ARPA funds. 8.12 Approval to set a Public Hearing for Tuesday, October 26, 2021 at 9:15 a.m. to consider establishing a 25 mile-per-hour speed limit on Boyer Road from milepost 0.000 to milepost 1.046. 8.13 Approval of the letter of support regarding the Arc of the Peninsulas for Thurston/Mason Developmental Disabilities. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set at this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 28, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following, Liquor & Marijuana license due to expire, Liquor license #424962 discontinued for Hoodsport Pizzeria. 4.1.2 Federal Energy Regulatory Commission sent in a report regarding Cushman No. 1 and Cushman No. 2 developments of the Cushman Project. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk . Washington State M. T Liquor and Cannabis Board IMAW PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax ff: (360) 753-2710 September 06, 2021 ;:T,U ! y, Dear Local Authority: Mason Cfl.,unty RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity r;}' SIOriBrS Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 09/06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20211231 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 BRIGGS, ERIC BRIGGSY GOLF 070712 SPIRITS/BR/WN REST SERVICE BAR 200 E OLD RANCH RD ALLYN WA 98524 0000 2 . SOL FOOD, INC. TERIYAKI WOK 082536 BEER/WINE REST - BEER/WINE 23969 NE STATE RTE 3 STE A BELFAIR WA 98528 0000 3 ACTION SHIPPING & TRANSPORTATI BELFAIR MARKET 430994 GROCERY STORE - BEER/WINE 23694 NE STATE ROUTE 3 BELFAIR WA 98528 8309 4 . SUNLIT CANYON, LLC SUNLIT CANYON CELLARS 413648 DOMESTIC WINERY < 250,000 LITERS 21926 E STATE ROUTE 3 BELFAIR WA 98528 9306 5 FRED MEYER STORES, INC. QUALITY FOOD CENTER / QFC #101 076698 GROCERY STORE - BEER/WINE 201 NE STATE ROUTE 300 BELFAIR WA 98528 9617 6 HINK, GARY R JARRELL'S COVE MARINA 350478 GROCERY STORE - BEER/WINE HINK, LORNA L 201 E WILSON RD SHELTON WA 98584 0000 7 . PERFORMANCE MOTORSPORTS MANAGE THE RIDGE MOTORSPORTS PARK 429176 SPORTS ENTERTAINMENT FACILITY 1060 W EELLS HILL RD SHELTON WA 98584 6381 8 . KING, KIM MICHELE THIRD GENERATION LIMERICK MARKET 365963 GROCERY STORE - BEER/WINE 2100 E MASON LAKE RD SHELTON WA 98584 9627 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 09/06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20211231 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 D. BARRY COMPANIES, INC. THE ROBIN HOOD RESTAURANT 354058 SPIRITS/BR/WN REST LOUNGE + 6790 E STATE ROUTE 106 CATERING UNION WA 98592 9532 Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 i September 06, 2021 Mason County Dear Local Authority: Cpl 1jgSIOn2rS RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order ;ADno0hei0gatd61rrde¢swioiibe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a) ) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 09/06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220228 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . GGD PLATINUM LLC KANNABIS KRAFTWORKS LLC 414115 NON-RETAIL PRIVILEGES GARTH GEHLEN AND NATHAN DOIDGE 654 W HOMER ADAMS RD MARIJUANA PROCESSOR -035 EL4A WA 98541 9742 2 . KAI'DRO K2 LLC KAI' DRO 413097 MARIJUANA PRODUCER TIER 2 340 E MILLWRIGHT RD BLDG A MARIJUANA PROCESSOR SHELTON WA 98584 8253 Cc:CMMRS Neatherlin, Shutty, Trask Clerk D.GUI ijUQwI j A--f)atj jee— K. H(i0 tL4-e 14. SPa t`�T Washington State Licensing and Regulation PO Box 43098 �'- ��.,�,*� Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to: CATEMILLER25@GMAIL.COM September 17, 2021 1 HOODSPORT PIZZERIA Mason County 150 N LAKE CUSHMAN RD Ccmmissi.�n�rs HOODSPORT, WA 98548-4525 LICENSE: 424962 - 2N UBI: 604-112-055-001-0001 This letter is to notify you that your liquor license number 424962 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service / BMS Licensing & Regulation T: 360 664-1600 cc: Mason County Olympia Enforcement Finance 10/2019 Cc:CMMRS Neatherlin, Shutty, Trask Clerk FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections 888 First Street, NE Routing Code: PJ-13 Washington, DC 20426 (202) 502-6025 Office—(202) 219-2731 Facsimile September 9, 2021 In reply refer to: P-460 NATDAM#WA00145 and WA00146 VIA USPS First Class Mail Mr. Chris Mattson E C Generation Manager Tacoma Power 3628 South 356,Street Mason County Tacoma, Washington 98409-3192 Commissioners Dear Mr. Mattson: By letter dated August 31, 2021, you proposed Mr. Keith Moen, P.E., and Mr. Adam Jones, P.E.,both of HDR,as co-independent consultants to be responsible for the twelfth Part 12D safety inspections of the Cushman No. 1 and Cushman No. 2 Developments of the Cushman Project. Mr. Moen's and Mr. Jones' resumes confirm that they meet the Commission's independent consultant qualifications specified in Section 12.31(a) of the regulations. Mr. Moen and Mr. Jones are therefore approved as co- independent consultants for these inspections. In accordance with Part 12, Subpart D, the approved independent consultants must either personally inspect the developments or be present during the inspections to supervise those individuals that conduct the inspections. You are reminded to instruct your consultants that should any condition be discovered that requires emergency corrective measures, they must immediately notify you, since you are required to submit a report to the Regional Engineer in accordance with Section 12.36. The Part 12D safety inspection reports should be eFiled by June 1, 2022, by selecting Hydro: Regional Office and Portland Regional Office. If you are also filing a Supporting Technical Information Document (STID) update,the STID should also be eFiled by selecting Hydro: Regional Office and Portland Regional Office. If the reference materials cannot be eFiled, contact the project engineer to discuss options for transmitting the reference materials to the Commission. You can access the Commission's eFiling system at: https://www.ferc.gov/ferc-online/overview. The cover page of the filing must indicate that the material was eFiled. For assistance with eFiling, contact FERC Online Support at FERCOnlineSupport(a,ferc.gov, (866) 208-3676 (toll free), or(202) 502-8659 (TTY). -2 - The Part 12D safety inspection report must be formatted in accordance with the Enclosure, Part 12D Safety Inspection Report Outline (Outline), revised January 3, 2017. You should remind your consultant that it is important to submit reports that are formatted in accordance with the Outline and which adequately address all the information requested. The inspection and project features analyses are to include a thorough evaluation of all dam safety aspects of the developments in accordance with the Commission's Part 12D Dam Safety Regulations consistent with the requirements covered in the Commission's Engineering Guidelines for the Evaluation of Hydropower Projects (Engineering Guidelines). The independent consultants should also address those items specific to each development that were included in the Part 12D reminder letter sent to you by the Regional Office. Your consultants should be prepared to submit, if requested, CDs containing programs with documentation and input files for any computer analyses used to reach the conclusions in their reports. Chapter 14 of the Engineering Guidelines develops the Commission's Dam Safety Performance Monitoring Program (DSPMP). This chapter can be found at http://www.ferc.gov/industries/hydropower/safety/guidelines/eng-guide.asp. An important part of the DSPMP is the Potential Failure Modes Analysis (PFMA). The independent consultants should specifically review the PFMAs for any appropriate changes in Potential Failure Mode (PFM) category classification and description. This includes reviewing all reports and investigations performed or ongoing since the previous Part 12D reports and determining whether the information in these reports and investigations has changed a PFM category classification or introduced any additional PFMs. Information on how to complete well-developed PFMs is available at: https://www.ferc.gov/industries-data/hydropower/dam-safety-and-inspections/potential- failure-modes-pfms. Your consultants should be instructed to review this site before beginning work on the Part 12D inspections and reports. The first Part 12D Independent Consultant Inspections for new constructed projects or projects where a major dam safety remediation has recently been completed may be done by the design engineer or an engineer from the design engineer's firm. The next Part 12D inspection must be performed by a different engineer not associated with either the design or construction firm. Subsequent Part 12D inspections may be performed by an engineer associated with the design, construction, or remediation work. In addition,an engineer or engineers from the same firm will not be approved as the independent consultant for more than two consecutive Part 12D Safety Inspections of any project. You, as the licensee, are responsible for preparing and maintaining the STID or having it prepared and maintained for you. The Enclosure contains the outline for the STID. Appendix I of Chapter 14 of the Engineering Guidelines includes the STID outline, guidance on what is to be included in the STID, and examples of the document. - 3 - A Part 12D report submitted that has an incomplete, significantly deficient, or unreadable STID will be returned to you as an unresponsive report. The comprehensive PFMA report and the resulting section in the STID appended to the Part 12D report described above are to be regarded as living documents. These documents are to be appended as conditions at the site change and as new information is obtained at any time following the initial comprehensive PFMA or when discovered during subsequent Part 12, Subpart D inspections. Therefore, for the Cushman No. 1 and Cushman No. 2 Developments, formal PFMAs will not be required. Instead,as part of the preparation for the inspections, your personnel and your Part 12D consultants should review the existing PFMAs, STIDs and all other project documents relating to the operation and safety of the dams since the last Part 12D inspections. During the inspections, your consultants and you should organize and conduct informal supplemental PFMA sessions with your representatives and our FERC inspector to examine any revisions or additional failure modes identified during the review. The supplemental PFMAs should be conducted consistent with Chapter 14 of the Engineering Guidelines. It is important to retain the original PFMA reports as prepared so that the findings, discussions, and thought processes of the original PFMA sessions are retained for future evaluations. Please inform the Regional Office when the Independent Consultants will inspect the Cushman No. 1 and Cushman No. 2 Developments so they may attend. They will also conduct their Dam Safety inspection of the Cushman No. 1 and Cushman No. 2 Developments in conjunction with the Independent Consultant's inspection. You are reminded that not later than 60 days after the reports of the independent consultants are filed with the Regional Engineer, you must submit to the Regional Engineer three copies of a plan and schedule for designing and carrying out any proposed corrective measures. - 4 - If you have any questions regarding this letter, please call me at 202-502-8968. Sincerely, &c4t� David S. Snyder, P.E. Senior Civil Engineer Division of Dam Safety and Inspections Enclosure cc: Public Files ENCLOSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects Appendix H Part 12D Safety Inspection Report Outline Table of Contents The Table of Contents must show the initial page numbers for each section. If any subsection is not applicable, include the subsection with a statement of"Not Applicable"and an explanation of the reason(s)why. For licensed projects that include multiple independent dam and powerhouse developments, separate Part 12D reports should be published for each development. 1.0 Findings and Recommendations 2.0 Project Description 3.0 Discussion of Potential Failure Mode Analysis Report 4.0 Surveillance and Monitoring with Respect to Potential Failure Modes 5.0 Field Inspection 6.0 Operation and Maintenance Programs Relative to Potential Failure Modes 7.0 Assessment of Supporting Technical Information Document List of Tables (with location) List of Figures(with location) List of References Appendices for Part 12D Inspection Report A. FERC Letter Requiring Part 12D Inspection B. FERC Letter Approving Part 12D Consultant-Include date of current report outline provided by FERC. Use report outline provided with FERC letter, not latest revision. C. Project Figures Only provide general overview drawings necessary to understand the project and items discussed in the report. If figures are placed in Section 2,provide a statement that figures may be found in Section 2. Optionally, if the STI is bound with the Part 12D report provide a statement that figures may be found in the STI document; duplicate drawings from the STI do not need to be included in the Part 12D report proper. Detailed drawings should be included in the Supporting Technical Information document. Revision 2 14-H-1 January 3,2017 UXUT T 1101 TDU I NCLUSUK1 Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects D. Instrumentation Monitoring Data Plots List each figure and drawing included in the report. Optionally, instrumentation plots may be placed in Section 4 of the report and a statement included in Appendix D that the plots may be found in Section 4. E. Inspection Photographs Optionally, some or all of the photographs may be included in the appropriate sections of the report. If photographs are included within the report, provide a list of the photographs and the corresponding page number in Appendix E. F. Inspection Checklists and/or Field Notes (Optional) G. Operation and Maintenance Documentation (If required) Revision 2 14-H-2 January 3,2017 DAi!`T nQ1 TDU ENCLOSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 1.0 Findings and Recommendations This Section includes a summary of the Part 12D Independent Consultant's findings and assessments and the Part 12D Independent Consultant's conclusions and recommendations. 1.1 Findings 1.1.1 Summary assessment of the PFMA report 1.1.2 Summary assessment of the Surveillance and Monitoring Plan 1.1.3 Summary of Field Inspection Findings 1.1.4 Summary of O&M status 1.1.5 Summary Assessment of"Supporting Technical Information" document Note: Specifically identify any new calculations prepared subsequent to the previous Part 12D Report. 1.2 Conclusions The conclusions of the Independent Consultant regarding the condition and suitability for continued safe and reliable operation of the project and specific conclusions regarding the information in each Section of this Part 12D report. 1.2.1 Conclusions regarding the suitability of the Project for continued safe and reliable operation. 1.2.2 Conclusions regarding the Project Description 1.2.3 Conclusions regarding the Potential Failure Modes Analysis Report 1.2.4 Conclusions regarding the Surveillance and Monitoring Plan 1.2.5 Conclusions regarding the Field Inspection 1.2.6 Conclusions regarding the Operations and Maintenance Programs 1.2.7 Conclusions regarding the Supporting Technical Information 1.3 Recommendations The recommendations of the Independent Consultant to improve or maintain the condition and suitability for continued safe and reliable operation of the project and specific recommendations regarding the information in each Section of this Part 12D report. 1.3.1 Recommendations regarding the suitability of the Project for continued safe and reliable operation. 1.2.2 Recommendations regarding the Project Description 1.3.3 Recommendations regarding the Potential Failure Modes Analysis Report 1.3.4 Recommendations regarding the Surveillance and Monitoring Plan Revision 2 14-11-3 January 3,2017 nATnr I-N 01 Tn n hNCLUSUKr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 1.3.5 Recommendations regarding the Field Inspection 1.3.6 Recommendations regarding the Operations and Maintenance Programs 1.3.7 Recommendations regarding the Supporting 1.4 Certification Note: By signing this document,the Part 12D Independent Consultant is stating that the entire report has been developed by and under the direction of the undersigned. The Part 12D Independent Consultant shall make a clear statement that he/she generally concurs with the assumptions, methods of analyses, and results of all studies documented in the report. The Part 12D Independent Consultant is thus taking responsibility for the Part 12D report contents as a Professional Engineer. 1.4.1 List of all field inspection participants 1.4.2 Reference to FERC Order 122 dated March 1, 1981 and paragraph 12.37 (c) (7). 1.4.3 Signature(s) of Part 12D Independent Consultant(s) and PE Stamp See Appendix A: FERC Letter Requiring Part 12D Inspection See Appendix B: FERC Letter Approving Part 12D Consultant -(Include date of current report outline provided by FERC) Revision 2 14-H-4 January 3,2017 UXU-T /IQTTDU ENCLUSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 2.0 Project Description 2.1 Brief Project Description For each major element and ancillary structure,provide a brief description of the type of structure, general dimensions, etc. The detailed project description will be in the"Supporting Technical Information"document. For multi-project or development licenses, include a brief outline of how this site fits with the other projects. Include a short paragraph with very brief project history. When constructed, when modified, any incidents. 2.2 Hazard Potential Classification. Based on views from the dam, other project works inspected and discussion with the licensee, document any changes in upstream or downstream conditions that might affect the Hazard Potential Classification. Review with the licensee the methods and assumptions used to develop the IDF. If the IDF is less than the PMF,the IC should confirm that the IDF is still valid based on an assessment of the downstream conditions as noted above. 2.3 Summary of Standard Operating Procedures 2.3.1 Purpose of Project(Run of river, storage, flow augmentation, flood surcharge storage, control reserve,pumped storage, etc.) 2.3.2 Reservoir rule curves by season(include seasonal reservoir level operating levels and restrictions of reservoir level due to safety concerns, if any) 2.3.3 Standard gate operation procedures (lead and following gates, emergency power systems, etc.) 2.4 Modifications Conducted for Project Safety Document any modifications to project works since the last Part 12D inspection that have been done to improve project safety. (i.e.: spillway gates reinforced, seepage drain,berm added,crest raised,post-tensioned anchors installed, foundation drains or relief wells cleaned, etc.). In the next Part 12D Safety Inspection Report, these items will become part of Section 2.1. This information should be fully described in the updated"Supporting Technical Information" document submitted with the Part 12D report. Do not include routine maintenance such as unit overhaul, gate painting, etc. Note, that generators, transformers, and transmission facilities are excluded from the Part 12D program under 18CFR subsection 12.35. 2.5 Flood History 2.5.1 Flood of Record, PMF,IDF 2.5.2 Zero freeboard spillway capacity Revision 2 14-H-5 January 3,2017 L'Arnr 1-%0IT TO U hNCLUSU Ki✓ Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 2.5.3 Peak spillway discharge during last five year period 2.5.4 Peak reservoir elevation during last five year period See Appendix C: Project Figures(Note: If the STI is bound with this report, do not duplicate figures) 3.0 Discussion of Potential Failure Mode Analysis Report Do not include security issues in the Part 12D report. For licensed projects that include multiple independent dam and powerhouse developments, separate PFMA studies and reports should be made for each development. 3.1 General Identify the Core Team members, and their affiliations,who developed the comprehensive Potential Failure Modes Analysis (PFMA) or its update.Note that the process was in accordance with FERC "Engineering Guideline for the Evaluation of Hydropower Projects,"Chapter 14. 3.2 Assessment of Potential Failure Mode Analysis Report Assess the viable potential failure modes identified in the PFMA report. These would generally be Category 1 through Category 3 PFMs. Provide an assessment of the reasonableness and completeness of the failure mode scenario and whether the PFMs identified have a real possibility of occurrence. Potential Failure modes should be listed in order of importance. Each PFM assessment should include: • A description that includes the sequence of conditions and events that would lead to the potential failure mode; • An assessment of the risk reduction opportunities for each PFM; and • An assessment of the Surveillance and Monitoring Plan for each PFM. For example, the report would be formatted as follows. 3.2.1 PFM 1. (i.e. Internal erosion,piping) 3.2.1.1 Description of PFM(may be taken from PIMA report) 3.2.1.2 Assessment of Risk Reduction Opportunities 3.2.1.3 Assessment of Surveillance and Monitoring Plan 3.2.2 PFM 2. (i.e. Seismic induced deformation) 3.2.2.1 Description of PFM(may be taken from PIMA report) 3.2.2.2 Assessment of Risk Reduction Opportunities 3.2.2.3 Assessment of Surveillance and Monitoring Plan Etc. 3.3 Are there new potential failure modes that have been identified and addressed in this report or that should be assessed? If so, include the appropriate Description Revision 2 14-H-6 January 3,2017 U7rtf'r i�or rn ENCLUSU Kr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects of the PFM, Assessment of mitigation actions and Assessment of the SMP as discussed above. See"Supporting Technical Information"document: Potential Failure Mode Analysis Study Report(Update as appropriate) 4.0 Surveillance and Monitoring with Respect to Potential Failure Modes Note: Review and assessment of Surveillance and Monitoring Plans must always be done from the point of view of potential failure modes. Although the primary assessment is with respect to the potential failure modes identified in the PIMA study, the Independent Consultant must determine if there are potential failure modes not previously addressed or not adequately considered. For the purposes of this section, a Threshold Level is the value used in the analysis or design, or is established from the historic record. An Action Level is the instrument reading that triggers increased surveillance or an emergency action. 4.1 Operator's Surveillance Program Daily/weekly operator's inspections and reports. 4.2 Active Instrumentation: Include a schematic figure showing location of instrumentation(not detailed or cross section). This will vary by project. Discuss only the instruments actually at the project. Is instrumentation in accordance with Chapter IX of the FERC "Engineering Guidelines for the Evaluation of Hydropower Projects?" Is the instrumentation functioning properly? Etc. • Piezometers • Weirs • Settlement/alignment monuments • Crack gages • Upstream river and/or rain gage stations • Headwater/tailwater(alarm systems) • etc. 4.3 Threshold and Action levels For each instrument, or group of instruments as appropriate, provide a table of Threshold and Action levels as defined above. 4.4 Reading procedures/frequency For each instrument, or group of instruments as appropriate, discuss: • Data acquisition procedures (manual/automated) Revision 2 14-H-7 January 3,2017 r KTlnr !lc r rnr: ENCLUSUKN Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • Data evaluation procedures(process; is data evaluated in a timely manner by a qualified engineer; are readings compared to Threshold and Action levels defined for each instrument) • Spurious readings (are spurious readings confirmed or explanations provided) 4.5 Assessment of Instrumentation Data and Surveillance and Monitoring Plans Relative to Potential Failure Modes. Include newly identified potential failure modes 5.0 Field Inspection 5.1 Field Inspection Observations For each element of the project(i.e.: spillway, earthfill embankment, gravity section, intake,powerhouse, conveyance system, etc.), observe and report visual observations of the following issues as appropriate. Include photographs to document significant project features and observations. If an inspection checklist is used, include a copy of the checklist Appendix F. A site specific inspection checklist should be formatted to include specific visual surveillance items identified in the PFMA. The intent of this section is to highlight changed conditions for the report reviewer, not to document unimportant or minor details. The report should be in text format by structure or element addressed individually. For each structure or element of the project,the Part 12D Independent Consultant should consider the following items as appropriate: • Settlement • Movement—including abutments (cracks or other signs of distress or change) • Erosion • Seepage/Leakage • Cracking • Deterioration • Spillway gate Operation/Standby Power(At a minimum, the Part 12D Independent Consultant needs to review the licensee's annual certificates of spillway gate operation and interview project operating staff to assure that emergency backup systems work and that operating personnel know how to use them. At least one spillway gate should be operated at least one foot during the Part 12D inspection using the standby generator.) • Outlet/Sluice Gate Operation • Water conveyance systems (canals/flumes/penstocks/tunnels/surge chambers, emergency bypass or closure systems, etc.) • Foundation Drain/Relief Well Operation Revision 2 14-H-8 January 3,2017 Urrf-IT iAoi rnr. EN C;LUS U R!✓ Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • Evidence of high artesian or uplift pressures (structures/foundations/ abutments) • Observations of sediment transport(piping evidence) • Observations of seeps, wet areas, springs, green grass • Other Pertinent Observations • Reservoir Rim Stability 5.2 Status of Response(s)to Recommendation(s) in Last Part 12D Report. 5.3 Field Observations with Respect to Potential Failure Modes Document field observations pertinent to each potential failure mode noted in Section 3 5.4 Adequacy/Operation of Public Alert Systems Note: Are upstream spillway warning buoys, and downstream sirens and lights operable? See Appendix E: Inspection Photographs (Optionally, some or all of the photographs may be included in the appropriate sections of the report. If photographs are included within the report, provide in Appendix E a list of the photographs and the corresponding page number) See Appendix F: Inspection Check List(optional) 6.0 Operation and Maintenance Programs Relative to Potential Failure Modes Do not include security issues in the Part 12D inspection report. If observations of significant O&M issues are made, include in report for possible new potential failure mode analysis. 6.1 Summary of PFMA identified O&M issues(from PFMA report) 6.2 Operation and Maintenance Procedures 6.2.1 Communication/Response Address adequacy and reliability of remote monitoring, communication and control systems(Operations/Instrumentation/Telemetry—Do the systems provide adequate reliability and redundancy? Can a specific spillway gate, valve or other project component be operated remotely on demand?) 6.2.2 Electrical/Mechanical Systems • Spillway Gate Motors (line/line voltage, amperage draw,motor name plate rating information) Revision 2 14-14-9 January 3,2017 UXTlni f�cr rnL: ENCLUSUKE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • Standby and Redundant Power Sources • Manual/Remote/Automatic Operation of Gates and Valves • Gate Operation Sequence • Icing protection(heaters/bubblers/reservoir level restriction) 6.2.3 Human Factors • Adequate Staff for Emergency Response(Multiple Sites) • Reliable Access Routes(winter/storm conditions) • Training • Electricians/Mechanics/Laborers • Adequate Time to Respond • Call Out Systems (time for crew to reach site after call out) 6.3 Assessment of O&M Procedures Relative to Potential Failure Modes See Appendix G: Operation and Maintenance Documentation 7.0 Assessment of Supporting Technical Information Document The purpose of this section of the Part 12D Report is for the Part 12D Independent Consultant(IC)to assess the contents of the"Supporting Technical Information" (STI) document compiled by the licensee and determine both its completeness and appropriateness to the current standard of the practice of dam safety. The STI document should be considered an executive summary that includes general,yet critical summary information needed to fully understand the design, construction, operation, and performance of the project. It should also contain sufficient information to summarize and confirm the underlying assumptions and the conclusions of the analyses of record supporting the assessment of the safety of the Project. For each section of the STI, the Independent Consultant shall make a clear statement regarding their assessment of the completeness and appropriateness of the section of the STI. In sections where appropriate,they must state that they have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that they have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice. The IC must perform sufficient review and/or independent analysis and document their rationale to support their statement. This must include a brief summary of the parameters, methodologies, and results that document their decision. Listed below are items to consider when summarizing each section of the STI. This is not intended to be an all-inclusive listing since each project is unique and requires careful review and consideration when reviewing for dam safety. In addition, this section of the Part,12D report is not intended to repeat the STI verbatim, but to summarize key components used by the IC to make their assessment and conclusions regarding the completeness of the STI. Revision 2 14-H-10 January 3,2017 UXTI'l CIC'T TDT✓ ENCLUJURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.1 Potential Failure Modes Analysis Study Report(Include a statement referring to Section 3 for a detailed discussion of the Potential Failure Modes Analysis) • Adequacy of the summary of current PFMA Report • Changes in PFMA during current review, including any new PFMs • Any changes in category for any PFM 7.2 Description of Project • Summarizes major components of the project, including all those listed in the project Order • Review description for accuracy and completeness (elevations, capacities, etc.) 7.3 Construction History • Summarized procedures/methods used for construction • Includes construction difficulties that could influence long-term performance of the project. • Summarize any design changes in the project during construction and any modifications since originally constructed • Construction photographs 7.4 Standard Operating Procedures • Summary of key operating procedures for dam safety • Include procedures/sequence for passing flows (gate/powerhouse/flashboard/f iseplug, etc. operation) • Does the SOP include all the necessary requirements to safety operate the project? • Discuss any changes that have been made in the operation of any component of the project that is different than originally designed and if there is any impact resulting from the change. 7.5 Geology and Seismicity • Geology o Adequacy of the summary of regional and local geologic conditions o Geologic conditions that could impact dam safety performance o Any geologic conditions that are important for monitoring the project • Seismicity o Summary of seismic analysis, including key parameters o Date of recent analysis and applicability to current studies o Design PGA and recurrence interval(if available) Revision 2 14-11-11 January 3,2017 ENCLUSUR Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.6 Hydrology and Hydraulics • Hydrology o Summary of IDF/PMF, including key assumptions and rainfall/runoff parameters used. o Applicability of flood to current methods, HMR, etc o Specifically identify the studies of record • Hydraulics o Summary of key issues and assumptions, including review of rating curve for spillway. o Summarize routing of IDF/PMF through spillway(s), peak reservoir elevation, and residual freeboard. 7.7 Surveillance and Monitoring Program This section should have an introductory summary of the analysis of record: the actual analyses should be included or attached as an Appendix. Other prior analyses can be included in the Appendix if they are thought to be of significance. • Status of current DSSMP and DSSMR • Applicability of program to PFMs • Determine if any changes to program are required and recommend those changes. • Discuss the appropriateness of current threshold and action levels 7.8 Stability and Stress Analyses of Project Structures • Summary of methods, procedures, critical elements, assumptions, input/design parameters, etc... for each structure analyzed • Resulting factors of safety and comparison to FERC guidelines • List of all analysis of records and any supplemental studies currently in process or completed 7.9 Spillway Gates • Category of gates and appropriate requirements • Date and brief conclusion of most recent detailed gate inspection • Date and brief conclusion of most recent test operation. 7.10 Pertinent Correspondence Related to Safety of Project Works • Completeness of documents required to be included in the STI. 7.11 Status of Studies in Process and Outstanding Issues • Summarize any ongoing analyses, studies, etc. Revision 2 14-H-12 January 3,2017 11M(11 nrIl 11?F ENCLUS U Kt; Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.12 References • Completeness of the list of references and the attached electronic files, if applicable 7.13 Conclusions • • Overall assessment of the condition of the STI Revision 2 14-H-13 January 3,2017 V\f(`r nQITRF ENC;LUSU Kr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects General Statements The following example statements are offered as general guidance for use by the IC when making definitive statement regarding each section of the STI, in addition to the discussion indicated above. The Positive statements are examples of when the STI is acceptable. The Negative statements are examples where the STI does not meet minimum requirements and must be improved upon. There are intended only as examples to be used for the section indicated. Cop g these examples verbatim into the IC's assessment of each section o the STI may result in the resection of the Part 12 D report; the assessment should be Mecificallx customized for the project under review. 7.1 PFMA Review Positive The PFMA was reviewed for completeness during a PFMA review conducted in conjunction with the Part 12 inspection. I/we reviewed the following items ( itemize here)and as a result, consider the PFMs to be, fully developed and appropriately separated by load case and location,well documented, and complete relative to the project information. Negative I/we reviewed the following items (itemize here). PFM Number XX was not fully developed and a recommended revision is included in the recommendation section of this report. After review and concurrence by FERC,the revised PFM should be adopted. The other PFMs are considered to be well written,well documented, and complete relative to the project information. 7.2 Project Description Positive The description of the project is correct and adequately summarizes the major components of the project and provides a good executive review level discussion about the project. Negative The project description is inadequate. It is recommended that the description of the project included in the STI be enhanced to include a more detailed description of the spillway gate operators, as noted in the recommendation section of this report Revision 2 14-H-14 January 3,2017 FNT(`T ()CTTRF ENCLOSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.3 Construction History Positive The construction history is adequately described, including all significant construction issues documented during the construction which include the following key points that could potentially impact the operation and performance of the project features. All available construction photographs are included on the accompanying CD and were reviewed to ensure there are no other previously unidentified defects from the original construction or later modifications. Negative The construction history is generally adequately described. However,the construction history did not include the modifications made to the project in 1999,which included (describe the modifications). A recommended revision is included in the recommendation section of this report. 7.4 Standard Operating Procedures Positive The Standard Operating Procedures are adequately summarized in the STI and include (list here)that are of specific interest regarding the continued safe operation of the project. The SOP includes all the necessary requirements to safety operate the project. Negative The SOP does not account for changes in gate operation to accommodate flow releases required for environmental purposes in 2004. It is recommended that the SOP be rewritten to account for this change. 7.5 Geology and Seismology Positive The geology and seismology of the project are adequately summarized and highlight specific issues that could impact the operation and performance of the project and include (summarize here). Our/my review of the seismicity indicates that site seismicity was developed using the most current data and approach available. The assumptions, methods, and use of the data and its application to this project meet the current guidelines and the state of dam safety practice. Negative The Geology section of the STI is adequate with the following exceptions: Revision 2 14-H-15 January 3,2017 V;T.rr-r ncr T D U ENCLUSUKE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • The geology does not contain a description of the problematic areas encountered in the foundation during construction. Nor does the geology summarize the actual geology of the site,but only includes a broad regional summary of the area. • The seismology section of the STI is inadequate. The most current seismic hazard evaluation is not adequately summarized and the design Peak Ground Acceleration is not listed. • The Geology and Seismology sections of the STI must be enhanced in accordance with the recommendations contained elsewhere in this report. 7.6 Hydrology and Hydraulics Positive The hydrology of the project is adequately described in the STI. My/our assessment of the hydrology included a review/analysis of(list studies/reports here). The key assumptions and parameters include(summarize here) and are considered appropriate to the current methodologies, data, and state of dam safety practice for evaluating the hydrologic safety of a dam. The PMF inflow of xxxx cfs is appropriate for this project. The hydraulics of the project are adequately described in the STI. The spillway and tailwater rating curve(s)are correct and adequately represents the current spillway hydraulics. The project spillway(s)/outlets can pass the PMF/IDF with xx feet of freeboard on the dam. This freeboard is adequate for predicted wind and wave run-up at the dam. Negative Uwe do not concur with the PMF analysis of record for this project. The PMF was based on PMP developed using HMR43,which was superseded by HMR57 in 1994. It is recommended that the PMF analysis be updated using the updated PMP values from HMR57. The hydraulics of the project are not properly described in the STI. The rating curve used for the spillway is incorrect and needs to be recalculated. 7.7 Surveillance and Monitoring Program Positive The Surveillance and Monitoring Program is adequately described in the STI. My/our review of the DSSMP indicate the most critical elements of the monitoring include (summarize here) and contain appropriate threshold and action levels for each instrument. During the PIMA review, the need for additional surveillance for the project with respect to both identified PFMs and general health was discussed. It is my opinion that existing monitoring program is adequate and no changes are recommended at this time. Revision 2 14-H-16 January 3,2017 NTI-T 4r-lQ1 1D 1�: EN C;LUS U KE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects Negative My/our review indicated that several key elements of the project instrumentation are missing (list here). Thus the SMP is inadequate and needs to be revised. 7.8 The Stability and Stress Analyses of Project Structures Positive I have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure,were applied correctly and are appropriate given current guidelines and the state of dam safety practice. I also performed an independent check of the stability calculations and my results agree with the analysis of record. The following project structures are thus found to be safe for continued operation: • Main embankment • West diversion dam • Integral power house • (List all) Negative The STI is inadequate with regards to a summary of the stability and stress analyses for the project structures. The design assumptions are missing for the(xxxx) structural analysis. In addition, the resulting factors of safety on the recently submitted stability analysis do not meet the FERC minimum guidelines and must be reviewed with regards to dam safety concerns. 7.9 The Spillway Gates Positive I have reviewed the pertinent inspection reports and stability and stress analyses (if applicable)and have determined that the spillway gates are safe for continued operation. Negative I have reviewed the pertinent inspection reports and stability and stress analysis for the spillway gates. The analyses do not properly account for the bent strut on Gate No. 1 that I observed during my field inspection. Thus,before I can determine if the spillway gates are safe for continued operation,the stress analyses need to be redone to account for this issue with Gate No. 1. Revision 2 14-11-17 January 3,2017 Urrl-r rncrTDU ENCLUSUKl Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.10 The Pertinent Correspondence Related to Safety of Project Works Positive The Pertinent Correspondence Related to Safety of Project Works is complete and adequate in accordance with the requirements of FERC. This correspondence includes the following items of specific note that are most important regarding the continued safety of the project: 1. 2. Negative The Pertinent Correspondence Related to Safety of Project Works is incomplete with regards to the requirements of the FERC. The following documents are missing and my/our recommendation is included to obtain and include the following documents in the STID: • Past three years of the FERC Annual Dam Safety Inspection Reports • Etc... (detail all accordingly) 7.11 Status of Studies in Process and Outstanding Issues The Status of Studies in Process and Outstanding Issues include the following: • List specifics and summarize the issue OR There are no outstanding studies in process or outstanding issues with the project that are in process or need to be initiated resulting from my/our conclusions of this Part 12D review and inspection. 7.12 References Positive: The References included in the STI and associated electronic files enclosed with the STI are complete and accurate and are formatted for easy reference. Negative: The references in the STI are incomplete and inadequately contain all the information contained in the STI. It is recommended that all studies and reports listed below be transferred to a disk and included in the end of the STI. Revision 2 14-H-18 January 3,2017 PMPT neT T1?R ENC;LUSUKE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.13 The Conclusions Positive The overall STI document is complete,well organized, and adequately addresses all of the requirements of FERC,but more importantly provides a complete executive summary document that is useful to all those associated with this project. Negative The STI document is inadequate. Rather than summaries of the necessary information,the document contains random copies of studies,project information, and incomplete information that does not allow the user to obtain a general overview of the entire project. Specifically, Sections(list sections) are particularly poor in content and must be completed in accordance with our recommendations. Revision 2 14-H-19 January 3,2017 hNCLUJU RE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 7.14 APPENDICES TO THE PART 12D SAFETYINSPECTIONREPORT OUTLINE List of Tables(with location) List of Figures (with location) List of References A. FERC Letter Requiring Part 12D Inspection Note: May include specific FERC concerns to be addressed by Part 12D Independent Consultant. B. FERC Letter Approving Consultant Note: Include date of report outline provided by FERC. C. Project Figures This Appendix should include the following figures as appropriate. All Figures should be consecutively numbered. Figures should be general without excessive detail so as to be clearly legible. Figures should include documentation of significant changes since last Part 12D report. If STI document to be directly bound in this report, do not duplicate the figures. FERC Exhibit and relicensing drawings can be used. • Location map with project facilities located including conveyance systems and access routes from main roads and nearest town • Plans of project facilities • Typical sections and profiles of key project features (dams, spillways,powerhouses, intakes, emergency/fuse plug spillways, chute profiles, etc.) • Profiles and typical sections of water conveyance systems(canals,tunnels, penstocks, flumes, surge chambers, etc) • Satellite or aerial photo of project and downstream area • Spillway and tailwater rating curves D. Instrumentation Monitoring Data Plots Note: Plans and cross-sections with locations of each instrument, including design phreatic surface or uplift pressure profile,and tabulated data for each instrument are included in the"Supporting Technical Information"document only. See Chapter IX, Instrumentation and Monitoring, of the FERC Engineering Guidelines for the Evaluation of Hydropower Projects for additional information. Only time versus reading graphs are included here as NEW information. Tables of data should be provided on a CD bound into the Part 12D report If data plots are included in Section 4 of the Part 12D report, a statement should be provided here directing the reader to Section 4 for the information. • Time versus Reading data plots Revision 2 14-H-20 January 3,2017 VNI(`i (lQ1 TDL: ENCLUSUKr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • Plot all data to date, not just last five years(alternative is to plot last 15 years and note historic range for each unit) • Do not put too many instruments on one plot • Try to put all instruments from one section or profile on the same plot • Mark tip elevation,unscreened length, ground elevation and top of piezometer elevation for each piezometer on the data plot. This information can be provided in a Table to enhance legibility of the graph. • Use symbols and/or different line types for each unit,not just colors(colors do not reproduce in black and white and some people are color blind-Note that yellow and blue do not reproduce on Xerox machines) • Include headwater and tailwater levels on each plot • Force all time scales to show full year cycles from January through December • For multiple plots for the same project, force vertical and horizontal scales on all plots of the same type to have the same scale or total range so plots can be directly overlaid • Mark threshold values • Show monthly precipitation on one sheet • Mark action levels requiring emergency response E. Inspection Photographs F. Inspection Checklist(optional) G. Operation and Maintenance Documentation (if required) Revision 2 14-H-21 January 3,2017 VXT(`T 11CT TO T~ rNCLUSUKr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects Appendix I Guidelines for Supporting Technical Information The "Supporting Technical Information" document must include a revision sheet and contain the following sections: Section Title Table of Contents 1. Potential Failure Mode Analysis Study Report 2. Description of Project Structures 3. Construction History 4. Standard Operation Procedures 5. Geology and Seismicity 6. Hydrology/ Hydraulics 7. Surveillance and Monitoring Plan S. Stability/ Stress Analysis of Project Structures 9. Spillway Gates 10. Pertinent Correspondence Related to Safety of Project Works 11. References The information to be included in each section is described below. If an item is not pertinent to the Project, include the item in the report and state that the item is Not Applicable (i.e. Section 9 "Spillway Gates" if the dam has an uncontrolled spillway). Revision 2 14-I-1 January 3,2017 T rNYIT ncr TDL ENC;LUS U Kh Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects SUPPORTING TECHNICAL INFORMATION Revision Log Table of Contents 1.0 Potential Failure Mode Analysis Study Report Include a complete copy of the latest"Potential Failure Modes Analysis Report" with all attachments. All updates shall be included in this Section of the STI. 2.0 Description of Project Works and Project Drawings This is a detailed description of the project and project works that is part of the Part 12D Independent Consultant review. In general, this information will come directly from existing sources such as prior Part 12D Inspection Reports, licensing or relicensing documents or company brochures. The detailed descriptions would include the following elements as appropriate: • General project description including project name and owner • Project location including nearest town(s),river system, etc. • Purpose of Project • Main dam and any auxiliary dams • Spillway(s) including stilling basins • Non-overflow water retaining structures such as powerhouses • Intakes • Conveyance systems (penstocks,tunnels, surge chambers, flumes, canals, inverted siphons, including control,regulating, and pressure relief devices, etc.) • Powerhouse(s) • Low level outlets including minimum flow devices The following drawings shall be included • USGS Quad map or other location map with project facilities located including conveyance system alignment • Plan of licensed project facilities and project boundaries • Typical sections and profiles of key project works (dams, spillways,powerhouses, • intakes, canals,tunnels,penstocks, flumes, surge chambers, inverted siphons, etc.) • Satellite or aerial photo of project and downstream area if available Revision 2 144-2 January 3,2017 r7ATd-T 11QT TIE)0 ENCLUJu Kr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 3.0 Construction History In general, this information will be copied directly from existing sources such as prior Part 12D reports, construction reports or company brochures. Include a summary of the project construction history based on the following sources of information: • Design reports and pertinent memoranda from licensing and permitting documents • Laboratory investigations and construction testing reports • Field and lab geotechnical investigations • Construction reports and photographs • Specification documents • Reports of major modifications conducted for dam safety since last Part 12D inspection • Construction chronology that includes all a summary of original construction and all significant work completed related to project safety. Do not include routine maintenance items such as gate painting, unit overhauls, etc. 4.0 Standard Operation Procedures Include summaries of the standard operating procedures for the project. This section should include: seasonal minimum flow requirements, lead and follow gate sequence, reservoir level restrictions by season, etc. 4.1 Dam Operations • Schedule of Inspections (include routine operations by operating staff, inspections by engineering staff, and special inspections as appropriate) • Inspection checklist(s) • Procedures for assuring satisfactory operating condition of critical systems including; SCADA systems, spillway gate operators, spillway gates, and low level outlet works 4.2 Reservoir Operations 4.2.1 Normal Operations • Typical filling schedule • Inflow forecasting procedure • Ramping rate requirements (reservoir and releases) • Downstream minimum flow requirement schedule 4.2.2 Flood Operations • Criteria for starting gate operations • Method of gate operation (local or remote) Revision 2 14-I-3 January 3,2017 ENCLOSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • Gate operating sequence (both spillway and low level outlets as applicable). Are gates operated such that all gates are opened a similar amount? Are some gates opened fully before others are operated? etc. 5.0 Geology and Seismicity In general,this section should be copied from existing reports and company brochures. Include summaries of applicable information in the following sections: 5.1 Geology 5.1.1 Regional geology 5.1.2 Site geology and local foundation conditions including geologic maps, cross-sections and profiles under the dam(s) and pertinent project works. 5.1.3 Potential landslides, loose rock formations or adverse bedding orientations that could affect project works 5.1.4 Potential sinkhole,karst, solutioning,basalt flow issues, etc. that could impact project works 5.1.5 Potential weak seams such as bentonite or soluble gypsum layers 5.1.6 Geologic artesian sources (geothermal, high abutments, etc.). Do not include artesian pressures due to normal dam seepage. 5.2 Seismicity 5.2.1 Map of fault traces that effect project. Differentiate between those traces that have been confirmed by trenching or other means and those that are inferred from other means. 5.2.2 Table of fault, distances, depths, magnitude at fault, PGA at site, etc. including local(floating or random crustal) earthquake. 5.2.3 Site MCE and DBE development 5.2.4 Time history of adopted earthquakes 5.2.5 Response spectrum used in analyses 5.2.6 Historic earthquake centers map The USGS website (http://earthquake.usgs.gov)includes information on seismicity and may be a useful reference. 6.0 Hydrology and Hydraulics Provide supporting information to document the development of the Probable Maximum Flood(PMF) and the routing of the PMF through the reservoir and project spillways. In general,this information will come directly from existing sources such as prior Part 12D Inspection Reports or company reports. The following information that should be included as applicable: Revision 2 14-I-4 January 3,2017 LAll'T C%Q1 (DL: ENCLUSUKr Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 6.1 Hydrology 6.1.1 Hydrometeorology report used 6.1.2 Probable Maximum Precipitation for general and local storms 6.1.3 Drainage basin description including drainage area 6.1.4 Antecedent conditions ' 6.1.5 Loss rates 6.1.6 Basin and sub-basin precipitation/runoff models 6.1.7 Unit Hydrograph 6.1.8 Reservoir inflow and outflow hydrographs for the PMF event 6.1.9 Floods of record including highest flood flows and reservoir elevations 6.2 Hydraulics—Dams 6.2.1 Project discharge-rating curves (For multiple gate spillways, outlet structures, powerhouse units, and emergency/fuse plug spillways, include the contribution of each component as well as the total capacity. Include the equations used to develop the curves including overtopping and orifice flow where appropriate). 6.2.2 Tailwater rating curve (Compare to dam break studies) 6.2.3 Normal and IDF freeboard without wave action 6.2.4 Zero freeboard flood capacity (without wave allowance) 6.2.5 Inflow Design Flood(based on dam break) The pertinent information from dam break analyses necessary to support the determination of the IDF should be included 6.2.6 Reservoir Probable Maximum and Inflow Design Flood outflow hydrographs and corresponding reservoir levels 6.2.7 Freeboard for general and thunderstorm events 6.2.8 Stilling basin or plunge pool design flood flow 6.2.9 Operating rule curve (if storage reservoir) including license restrictions on storage levels by season 6.3 Hydraulics —Water Conveyance Systems 6.3.1 Hydraulic capacity of water conveyance system(s) 6.3.2 Normal operating freeboard 6.3.3 Spillway discharge rating curve(s) 6.3.4 Summary of transient analysis 7.0 Surveillance and Monitoring Plan This section is to include drawings and/or sketches showing the location of each active instrument. Include cross-sections of project structures showing instrument tip elevation, ground elevation and readout point location. See Chapter IX, Instrumentation and Revision 2 14-I-5 January 3,2017 PXICT 11011 IP ENCLOSURE Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects Monitoring, of the FERC Engineering Guidelines for the Evaluation of Hydropower Projects for additional discussion. Note: time versus reading graphs for each instrument will be included only in the Part 12D Inspection Report, not in the STI. 7.1 Plans, sections, and details of active or useful reference instrumentation If a unit has been abandoned or replaced, but the historic data is still being used for safety evaluations, include the appropriate information for the record 7.2 Reading frequency for each instrument(reading procedures should not be included in this document) 7.3 Procedures for resolving spurious readings 7.4 Tabulated Data for each instrument(may be included on CD in Excel format) 7.5 Type of instrument(pneumatic/vibrating wire piezometer, Parshall flume, gape gage, inclinometer, etc) 7.6 Predicted value for each instrument(threshold values are values used in design or analysis of project structures) 7.7 Historic range of readings for each instrument 7.8 Threshold and Action level for each instrument 8.0 Stability and Stress Analyses of Project Structures Because every dam and hydroelectric project is unique, it is not possible to list here all the various items that are required to adequately detail stability or stress assessments of the project water retaining structures. It will be the responsibility of the Licensee to include all information necessary for the reader to understand the assumptions, methods of analysis, and load cases assessed for each project structure. Stability and stress analyses for each structure shall be summarized graphically for ease of understanding. The following types of information should be provided: 8.1 General 8.1.1 Listing of credible load cases analyzed(including water levels for dam, canal and flume analyses or pressure for penstock and flowline analyses) 8.1.2 Statement of the method of analysis used and the computer program adopted. 8.1.3 Properties of materials based on site specific tests or assumptions (state which). Include representative test data and summary sheets. 8.2 For each gravity structure and load case: 8.2.1 Graphic free body diagram(cross-section) of each structure showing: • the assumed self weight of the cross section • all applicable loads including, as appropriate: • assumed uplift pressure distribution • silt loads Revision 2 14-I-6 January 3,2017 r7XTOT nQtTUB' ENCLUJURI~ Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects • headwater and tailwater loads • point loads • ice load 8.2.2 Key elevations 8.2.3 Key lateral dimensions 8.2.4 Piezometer and drain locations 8.2.5 Foundation shear strength parameters 8.2.6 Minimum cohesion to meet stability criteria 8.2.7 Negative crest pressures 8.2.8 Concrete unconfined and splitting tensile strength test results 8.2.9 AAR potential or evidence 8.2.10 Failure planes investigated, etc. 8.3 For each embankment structure and load case: 8.3.1 Graphic cross-section showing • embankment zoning • phreatic surface by load case • critical failure surfaces • key elevations • key lateral dimensions • slopes • headwater and tailwater elevations • relief wells, drainage layers, cutoff trenches, slurry walls, etc 8.3.2 Potential for uncontrolled seepage at toe 8.3.3 Summary of liquefaction analyses 8.3.4 Summary of deformation analyses 8.3.5 Procedures used to determine soil types and properties, etc. • Soil Classification • Atterberg limits • etc. 8.3.6 Procedures used to determine soil strengths • Triaxial Tests (type and loadings) • Standard Penetration Tests • Cone Penetration Tests • Becker Hammer Tests • etc. 8.4 For each arch dam load case: Revision 2 14-I-7 January 3,2017 L'AIC`T 11C1 ins 1 NC:LUSUR! Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects 8.4.1 Finite element mesh 8.4.2 Stress contours 8.4.3 Vector diagrams 8.4.4 Thrust block stability and joint sterionets 8.4.5 Pulsating load potential, etc. 8.5 For each water conveyance system that has a highlighted PFM 8.5.1 Stress and stability analyses 8.6 Summary table of factors of safety for each structure and load case, with required value. For embankment structures and overburden foundations, the material strengths used in the stability analyses should be properly identified i.e. effective stress or total stress. The methods used to determine/estimate pore pressures, such as flow nets or field measurements, should also be described. For gravity structures, it is useful to provide a spreadsheet of the key numbers from the analysis. 9.0 Spillway Gates For each spillway gate type, include the following information: 9.1 Table of material properties (steel type, trunnion bearing type and friction properties, etc). 9.2 A summary of the stress analysis computations 9.2.1 Graphic of gate model used for stress analysis 9.2.2 Table of critical stresses in each member for each load condition. 9.3 Trunnion, wheel, or other lubrication procedures, schedule, etc. 9.4 Summary of gate hoist motor load tests to date (motor name plate rating, line-line voltage, amperage draw, reservoir level, and initial draw if available) 9.5 Spillway gate detailed inspection report 10.0 Pertinent Correspondence Related to Safety of Project Works Include the most recent FERC Annual Operation Inspection Report. Include any major correspondence from FERC or State Dam Safety Agencies related to outstanding dam safety issues for the project. 11.0 References List of references available for review of dam safety issues and that were used to assemble this document. Revision 2 14-I-8 January 3,2017 UXT!`T /lQ1 TDC hNC.'LUSUKI Federal Energy Regulatory Commission Chapter 14 Engineering Guidelines for the Evaluation of Hydropower Projects Attachments 1) Example of Detail Expected in Supporting Technical Information Document 2) Example of Summary of Embankment Stability Analysis 3) Example of Summary of Structural Stability Analysis 4) Example of Summary of Hydrologic and Hydraulic Information 5) Example of Summary of Instrumentation and Surveillance Information 6) Example of Document Control Log Sheets Revision 2 14-1-9 January 3,2017 T~XTCT nQTTDU alb 4EH WHEREAS, 4-H is America's largest youth development organization, having supported almost six million youth across the country thus far; and WHEREAS, 4-H has helped more than 1 ,500 youth in Mason County to become confident, independent, resilient and compassionate leaders; and WHEREAS, 4-H is delivered by Cooperative Extension — a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands-on projects in areas including health, science, agriculture and citizenship; and WHEREAS, National 4-H Week showcases the incredible experiences that 4-H offers young people, and highlights the remarkable 4-H youth in Mason County who work each day to make a positive impact on those around them; and WHEREAS, 4-H's network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4-H'ers, helping them to grow into true leaders, entrepreneurs and visionaries; NOW, THEREFORE, we, the Mason County Board of Commissioners do hereby proclaim October 3-9, 2021 as NATIONAL 4-H WEEK throughout Mason County and encourage all of our citizens to recognize 4-H for the significant impact it has made and continues to make by empowering youth with the skills they need to lead for a lifetime. Dated this 281h day of September, 2021 . BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner NEWS RELEASE September 21, 2021 MASON COUNTY COMMISSIONERS 411 NORTH 5th ST SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Recognizes 45 Employees for Years of Service Mason County proudly recognizes 45 County employees for celebrating work anniversaries of 10 years and more of service to Mason County: Sheriff's Office Public Works Auditor 30 Years of Service 20 Years of Service 15 Years of Service Randall Newell Timothy Rhoades Marie Stevenson Anna Pamperin Steven Bennett 10 Years of Service 25 Years of Service 15 Years of Service Kacy Fladager Michelle Goldsby Kelly Arndt Travis Adams Roy Beierle Public Health Services 20 Years of Service 20 Years of Service Alan Berbisco Cynthia Brewer Amy Braakman Lydia Johnson William Philpott Roderick LaRue Benjamin John Stacey Ells Trevor Severance Del Schnitzer Michael Western Facilities and Grounds 15 Years of Service Support Services 30 Years of Service Erik Heilman 30 Years of Service Jesse Weston Jayson Zaniewski Diane Zoren Kelly Frazier Nathan Birklid Christopher Gaynor Angel Evans Dept. of Community Juvenile Facilities/Care Michael Sargent Development & Custody 10 Years of Service 35 Years of Service 25 Years of Service Krystal Dierick Grace Miller Timothy Vanderwaal 30 Years of Service Eugenie McFarland Clerk District Court 20 Years of Service 20 Years of Service Probation/Juvenile Marie Regan Tonya Smith Services 15 Years of Service 30 Years of Service Teri Owen Michael Dunn Treasurer's Office 15 Years of Service Coroner's Office 30Years of Service Dawn Mesojednik 15 Years of Service Julie Richert Wesley Stockwell 20 Years of Service Prosecutor Brittany Pearson 20 Years of Services Darci Ward Timothy Higgs 15 Years of Service Nicole Helser The Commissioners applaud these employees for their dedication to Mason County and their years of service to our citizens. Sharon Trask Kevin Shutty Randy Neatherlin Commissioner Commissioner Commissioner NEWS RELEASE DATE 9/28/21 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Parks and Trails Advisory Board Openings The Board of Mason County Commissioners is seeking applications from community members who are interested in serving on the Mason County Parks and Trails Advisory Board. The Mason County Parks and Trails Advisory Board provides recommendations to the Board of Commissioners regarding the planning, acquisition and development of parks, trails and related programs in Mason County. The Parks and Trails Advisory Board is a seven member board appointed by the Mason County Commissioners. Ideally there would be two positions from each Commissioner District and one at- large position. If the vacancies cannot be filled with members from the respective districts as desired, at-large members residing anywhere in Mason County can be substituted. The intent is to provide equal geographic representation from throughout Mason County if possible. If you have an interest in parks, trails, or other outdoor recreational opportunities and would like to make a difference in your community you are encouraged to apply. The Mason County Parks and Trails Advisory Board meets the fourth Thursday of each month at 5:00 PM. Interested citizens may obtain an application at the Mason County Commissioners' Office, 411 North 5th Street, Shelton, or by calling Shelton 360- 427- 9670, ext. 380, Belfair 360- 275- 4467, ext. 380, or visit the Mason County website at www.co.mason.wa. Applications will be accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Sharon Trask Randy Neatherlin Commissioner Commissioner Commissioner NEWS RELEASE September 14th, 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: Clean Water District Advisory Committee Vacancy Mason County is seeking three citizen representatives, residing within district designated boundary, to serve on the Mason County Clean Water District Advisory Committee. This committee will provide oversight on the surface water quality program under the county health department. Members will work with county staff on program objectives and reduction of non-point pollution sources within district boundaries. The committee will likely meet 2-6 times a year depending on program needs. Meetings are expected to be 1-2 hours in length. Citizen members will serve 1-3 years initially to stagger expirations. Applications to serve on this committee are now being accepted until filled and should be submitted to Mason County Health Department, 415 N. 6th Street, Shelton, WA 98584. Application forms may be obtained from the Commissioner's Office, (360) 427- 9670 ext. 419 or visit our website at www.co.mason.wa.us. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner NEWS RELEASE September 28, 2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH ST SHELTON,WA 98584 (360) 427-9670 EXT. 380 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: Housing Authority of Mason County Board of Commissioners Opening Mason County is seeking applicants to fill a vacant position on the Housing Authority of Mason County Board of Commissioners. The Housing Authority is the owner/manager of Pine Garden Apartments, Goldsborough Cove Apartments, Fairmont Cove Apartments, and the Kneeland Park Apartments. The Mason County Housing Authority is a five-member board. The board typically meets monthly on the first Wednesday at 9:00 a.m., with special meetings scheduled as necessary. The time commitment is approximately 2—3 hours per month. Appointed Commissioners normally serve a five-year term. Interested persons are encouraged to apply for this board by completing an advisory board application form that can be downloaded from our website—www.co.mason.wa.us or by calling the Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419, or 482-5269 ext. 419. Applications to serve on the board are being accepted until filled and should be submitted to the Mason County Commissioners, 411 N. 5th, Shelton, WA 98584. If there are questions about this board,please contact the Commissioners' office at 427- 9670, Ext. 419. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 16,2021 Monday,August 16,2021 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom from 9:00 a.m.to 9:23 a.m.for potential litigation. Also attending was Tim Whitehead,Michael Dorcy,Nichole Wilston,Kell Rowen,and Ken Harper. 9:15 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin, Shutty,and Trask met in Closed Session via Zoom from 9:23 a.m.to 9:30 a.m.for labor discussion. Also attending was Frank Pinter. 9:30 A.M. Executive Session—RCW 42.30.110(1)(c)Real Estate Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom from 9:30 a.m.to 9:42 a.m.for real estate. Also attending was Frank Pinter. 9:45 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Frank Pinter reviewed changes for the American Rescue Plan Act(ARPA)Project Funding. The Department of Commerce authorized utilization of funds for the Hood Canal Communications(HCC)requests. $292,365 of funding was received from the Administrative Office of the Courts(AOC). While technically not ARPA funding, $702,300 was received to assist with the Blake decision costs. $194,038 is for District Court and$33,027 is for Superior Court. Section 740,County Assistance Fund,were State funds appropriated to the County for$255,893 to help mitigate the implementation of Law Enforcement and Criminal Justice legislative enactments between January 1,2020 and June 30,2021. $1,336,679 is still available to be allocated. At this time there is not a lot of guidance on spending Blake-related funds. Spending AOC funds must be approved by the AOC. Cmmr. Shutty shared that individuals being released from the Department of Corrections on Blake-related charges are not going through the usual post-release planning. Terri Pressley from Behavioral Health Resources(BHR)and Tim Whitehead from the Prosecutor's Office will work together on those issues. • Frank discussed that the federal government has come up with a mechanism to identify and recover lost revenue. Nationwide,it is expected that County revenue increases about 4.5%per year. If County revenue is below that amount,the County can claim it as lost revenue. • Diane Zoren shared that the Housing Authority has been operating as a voluntary board without a paid executive director since 2010 and is asking for financial assistance. They would like to hire a part-time executive director,replace the Cascade Management contract,contract with CPA Teresa Johnson,and pay clerical assistance provided by Public Health. The total amount is just under$100,000. Cmmr.Neatherlin added that the contract with the CPA would allow the Housing Authority to get up to date and verify past audits. The part-time executive director is for$66,000 for two years but will be looked at in one year. Cmmr. Shutty would like to see an agreement brought forward from the Housing Authority. • Frank gave an update on the County Administrator search which closed Friday, August 13,2021. Prothman will bring forward the list of applicants to be vetted. Frank will bring forward the list of applicants and discuss interviewing at the next Briefing. • Jennifer Beierle presented the July 2021 Financial Report. Revenue for Current Expense through July is close to$26 million which is a$4.1 million increase over last year. The Treasurer's office is up$2.7 million and Community Development is up about$500k. The County is at 66%of the budgeted revenue for the year. ARPA funds are in a special revenue fund and are not included in this. Recovery funds for the Treasurer's office will show as revenue but not until after August. Treasurer Department Receipts are around$18 million in revenue and at 69%for total 2021 revenue. Current Expense Expenditures through July is at$21.6 million which is 53%of the total Expenditures for the year. Sales Tax collection was over$754k totaling over$4.6 million for 2021. Current Expense through July is almost$20.6 million. Special Fund Cash Balances is over$43 million. Motor Pool Expenditures is over$925k and at 69.1%for the year. The total Motor Pool Expenditures budget is over$1.3 million. A budget amendment for Motor Pool Capital Outfit costs is recommended. Revenue for Special and Other Funds is over$38.2 million which is 75%of the total budget. Expenditures for Special and Other Funds is over$27.3 million which is 45%of the budget. • Jennifer discussed the Chart of Accounts Redesign Statement of Work from Tyler Technologies(Munis)for$28k which is the same amount as last year. Approved to move forward. • Nichole Wilston presented the Washington Counties Risk Pool(WCRP)$5 million in excess of$20 million policy,which is up 130%this year,and the crime policy options. Last year the County paid$4,299 and this year it is anticipated to be around $5,588. Nichole requested independent rates and has only heard back from Arthur J Gallagher stating that the market is tough and excess carriers will have at least a $50k premium. This would cover claims such as excessive force and other high dollar claims after the$20 million policy is used. For the Crime Policy,in the past the County has purchased policies outside of Risk Pool. The past rate was$3,786 annually,however Risk Pool is offering a better policy for$1,529. Approved to move forward. 10:15 A.M. Community Services—Dave Windom Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom. • Dave discussed House Bill 1590 which gives the County the ability to add a 1/101 of 1%sales tax to fund affordable housing for individuals with mental health and substance abuse issues. Cmmr. Shutty shared this has also been discussed with the Housing Authority and Behavioral Health Advisory Board. The Commission asked to receive a breakdown of what these funds will go towards. • Dave shared the need for a temporary full-time Community Health Specialist I,II,or III in Community Services to handle additional housing grant deliverables and work with the Planning department. Approved to move forward. • Dave announced that Dr.Keri Gardner has signed the Health Officer contract. Dr. Dan Stein will stay on through the end of September. Approved to move forward. • Dave gave a COVID update. The Health Officers wrote a letter requesting an indoor mask mandate across the State. Both Thurston and King County have mandated this. The recent vaccine mandate does not apply to County workers. Over the weekend there were a minimum of 39 new cases and hospitalizations are higher than ever. There is also a lack of staff beds. The Delta variant has a steeper climb and a steeper drop. Emergency Operation Center(EOC)meetings will be held Mondays and Thursdays and data will be reported on the County website daily again. 10:45 A.M. Break 10:50 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Mike shared that a Public Hearing needs to be set for Tuesday,September 28,2021 at 9:15 a.m.to establish speed limit on Boyer Road. Boyer Road was one of the gravel conversions and is no longer a primitive road. Speed limit and warning signs need to be set up. • Mike warned that County road striping is going to begin around August 23,2021 and run through September depending on the weather. • Mike shared there is a Public Hearing coming up on Tuesday,August 31,2021 at 9:15 a.m.to consider the Franchise Agreement with Clifton Pebble Beach Water District for the water system along North Shore Road. • Mike discussed the Homer-Adams Road pipe/culvert replacement project. The corrugated metal pipe is being converted into a 30' wide metal structure. • Mike shared that Public Works is also working on shoulder reconstruction on Old Belfair Highway. 5' shoulders are being added to the existing I lanes. Also,on Belfair-Tahuya,about 3.7 miles of chip sealing has been done as well as wider shoulders. • Cmmr.Neatherlin asked to see numbers for the Belfair Sewer System to potentially be able to utilize ARPA funds. The meeting adjourned at 11:05 a.m. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 30,2021 Monday,August 30,2021 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Neatherlin, Shutty,and Trask met in Executive Session via Zoom From 9:01 a.m.to 9:43 a.m. for potential litigation. Also attending was: Loretta Swanson,Tim Whitehead,Nichole Wilston,Mike Collins,Jeremy Seymour,Frank Pinter,and Rachel Turpin. 9:30 A.M. Executive Session—RCW 42.30.110(l)(i)Potential Litigation Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom From 9:44 a.m.to 10:01 a.m.for potential litigation. Also attending was:Tim Whitehead and Nichole Wilston 9:45 A.M. Support Services—Frank Pinter Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom. • Diane Zoren shared there are two open positions on the Veterans Advisory Board. Dan Dittmer would like to be reappointed and there are two applicants for the other position. Commission would like to reappoint Dan and interview the other two applicants. • Diane shared the Veterans Advisory Board recommended to amend the Veteran's Assistance Policy to include documents to show proof of service. Approved to move forward. • McKenzie Smith shared a Tax Title Auction was held on July 9 and July 23,2021. 30 Tax Title parcels were put up for auction on Bid4Assets.com;27 parcels sold, 1 was pulled for consideration of separate sale to the Skokomish Tribe,and 2 did not sell. The total minimum bid was$108,871.37 and the total winning bids was $311,361.00. Of the 2 parcels that did not sell,one has an outstanding lien from the Health Department and the other is a 10' strip of land intersecting another parcel. The recommendation is to reach out to the Health Department to release the lien on the first parcel and to reach out to the property owner that the second parcel intersects to try and negotiate a sale. Approved to move forward. • Frank shared the City of Shelton has requested the County sign an agreement for the permit process for civil and landscaping for Building 10. This is the final completion to get the permanent Certificate of Occupancy. The City is requiring the County to maintain the storm water management systems which is an estimated$3k annual cost. Approved to move to tomorrow's agenda. • Frank discussed an agreement to purchase a 16.2-acre parcel owned by Public Utility District No.3,parcel#4200440-00000,for$320k using BEET 1 funds. This property would be used to store County archiving documents,possible facility substation,evidence storage,and potentially a future location of the County Jail. Cmmr.Neatherlin requested to check for an easement on the back of the property. Approved to move forward. • Frank shared a Resolution to sell Tax Title parcel#4211041-00011 to the Skokomish Tribe for$1,664. Approved to move forward. • Frank discussed the Lobbyist Request for Proposal results. Approval to move forward with Debora Munguia. • Frank shared the Public Safety Testing three-year subscriber agreement used to cover testing for entry-level Law Enforcement and Corrections Officer applicants. This has been used since 2019. For 2021 it is$3,400. 10:15 A.M. Community Services—Dave Windom Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Alex Paysse shared closure notifications for shellfish harvesting for Pickering Passage and Annas Bay. At this time there are no formal actions needed. Annas Bay is a closure within a closure while Pickering Passage is an expansion of the closure area. • Kell Rowen presented the priorities for long-range planning. Marissa Watson will be bringing forward the Shoreline Master Program(SMP)in October to adopt the new program. Kell,Loretta Swanson,Jennifer Beierle,and Marissa will get together to map out a plan and timeline for the Mason County Capital Facilities Plan. Department of Ecology has a grant of up to$100,000 to.use for consulting services and implementing the SMP. Grant application begins September 1 and closes October 14. Marissa would be the project manager and would write the grant. Potential projects include short-term rental regulations,impact fees,Belfair planned action Environmental Impact Survey(EIS),housing element,and update of the Rural Lands Development Regulations. Kell will update each Commissioner individually on September 13 on the Belfair EIS. • Dave gave a COVID update. Area Command discussed updates from the Public Information Officers(PIOs)who will put out a one-page source for mass information on COVID. Currently there are shortages for personal protective equipment(PPE), test kits,and the availability of Johnson&Johnson. For the vaccination mandate,a 14-page FAQ was sent out last week. Dave would like to set up a workshop with other departments to discuss and go over clarifications from the Governor's office. Those who are required to get vaccinated would need to do so early September if getting the two-dose vaccine. • Dave discussed the redefining of Education and Lab Capacity(ELC)funds and bringing in additional positions to do testing and education for the County. Funding for this position would go through June 2023. • Dave shared regarding the Water Resource Inventory Area(WRIA) 14 and 15,a $4.5 million project was done with China Creek. Where the creek floods,ponds were built at different levels that will fill and flow back into the creek to prevent flooding. Permitting is primarily done through Ecology and the Corp of Engineers. • Dave discussed new guidance for the schools. The County school districts plan to begin the year with in-person learning. Currently there is an issue with not having enough school bus drivers and congestion on the bus. 10:45 A.M. BREAK 10:50 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom. • Mike Collins discussed replacing electronic reader boards that have recently been damaged again and are not fixable. The State contract is$35,600+to replace two of the boards. The new reader boards will have heavier door and lock systems. Approval to move forward. • Mike also discussed purchasing a handheld sign retro reflectometer to measure how reflective County sign are. The gadget has GPS and software to track signs,read the type of covering on the signs,and help protect us against lawsuits of non-reflective signs. Approval to move forward. • Mike shared a road closure for Highland Road to put in a concrete box culvert that is 20' wide by 9'tall at approximately milepost 0.33 from September 20 to October 1, 2021. Reader boards are out for prewarning and public information has been sent out. The existing culverts are 42"culverts. • Mike shared an upcoming calendar item for a Public Hearing set for September 14, 2021 at 9:15 a.m.to consider the Solid Waste Management Plan amendment adopting the Contamination Reduction and Outreach Plan. • Richard Dickinson shared the contract amendment no. 5 with Kennedy-Jenks to add construction inspection services for the southern half presently being installed from railroad crossing to the existing system. This is covered under the existing contract with unspent monies. This will increase the timeline to June 30,2022. Approved to move forward. 11:15 A.M. Sheriffs Office—Undersheriff Adams/Sheryl Hilt Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Undersheriff Adams shared funds were allocated to the County under Senate Bill 5092 in the amount of$255,893 for law enforcement and criminal justice to mitigate costs of implementing statutes enacted this year. About$75k has been spent so far. The Commission approves the Sheriffs Office to continue purchasing items to mitigate the recent legislation. Purchases include tri-chambers,pepper ball guns, ballistic patrol shields. The Sheriffs Office will also be looking into purchasing helmets,face shields,bolo wrap,and training components. Approved to move forward. • Undersheriff Adams discussed the expansion of a second floor above the gym and using REET funds for design work since a full training area is needed. This will be a two-step process beginning with funding the design to estimate the future cost to implement. Cmmr.Trask would like to see this done with the Prosecutor's Office as well. • Sheryl Hilt will request a transfer regarding Senate Bill 5092 funds in November or December. • Sheryl shared the Sheriffs Office applied for an additional$40k for litter cleanup on State highway intersections on the on and off ramps. This will be an amendment to the original$108k litter control grant. Approved to move forward. • Chief Hanson discussed the electronic Jail key inventory control system. The Key Watcher system will better manage key inventory. This system costs$18k. For tracking purposes this will need to come out of the Sheriffs budget and be amended at the next budget hearing. Approved to move forward. 11:30 A.M. Juvenile Court—Jim Madsen Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom. • Jim Madsen shared three Interagency Agreements with the Washington State Administrative Office of the Courts,two for Juvenile Court and one for Superior Court. First,the Volunteer Guardian ad Litem program helps support staff time to recruit,screen,and train volunteers to advocate for children in dependency actions for$70+k. Second,the BECA program for non-offender youth truancy and at-risk youth and child in need of services for$63+k. Third,the Uniform Guardianship Act to reimburse attorney and court visitor appointments for up to$95+k. Approved to move forward. 11:35 A.M. Economic Development Council—Jennifer Baria Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom. • Jennifer is working with two additional entities,the Port of Allyn and Belfair Water, to submit directly to the Commission to get projects on the Comprehensive Economic Development Strategy(CEDS)list. There are two other entities that may have projects that could potentially go on the CEDS list. 4-5 years ago,the Economic Development District did a reorganization of its structure with the intent to get back on track and organized. The Economic Development Administration (EDA)has requested that all of the Economic Development Councils(EDC) involved pull together a Memorandum of Understanding(MOU)to approve the application to renew the Columbia Pacific Economic Development District. Approved to move forward. 11:45 A.M. Executive Session—RCW 42.30.110(1)(c)Real Estate Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom From 11:51 a.m.to 12:12 p.m. for real estate. Also attending was: Frank Pinter NOON BREAK 1:00 P.M. Executive Session—RCW 42.30.110(1)(g)Review Qualifications of Applicants for County Administrator Commissioners Neatherlin,Shutty,and Trask met in Executive Session via Zoom From 1:01 p.m.to 1:40 p.m.for qualifications of applicants for County Administrator. Also attending was: Frank Pinter, Sonja Prothman,and Steve Worthington. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner Board of Mason County Commissioners Proceedings Commission Chambers ,. 411 N 51h St, Shelton, WA 98584 �u August 17, 2021 1. Call to Order-The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance - Nichole Wilston led the flag salute. 3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: a Liquor License for Lake Nahwatzel Resort and a Marijuana License application for Royal Cannabis Production & Processing. 4.1.2 Pamela Stevens-Perez sent in a Veterans Advisory Board application. 4.1.3 Terri Purcell sent in a letter regarding internet service to the Colony Surf Club in Lilliwaup. 4.1.4 Department of Natural Resources sent in the 2021 Notice regarding DNR Urban/Transition Lands Property. 4.2 Cmmr. Trask presented a Mason County Board of Equalization News Release. 4.3 Ross McDowell presented a Park Host Needed for Mason County Walker Park News Release. 4.4 Ross McDowell presented a Park Host Needed for Mason County Oakland Bay Park News Release. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Trask/Shutty moved and seconded to adopt the August 2, 2021 Briefing Minutes and June 29, 2021; July 6, 2021; July 20, 2021; and August 3, 2021 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8082102-8082235 $ 864,755.49 Warrant # 8082326-8082332 $ 47,633.13 Direct Deposit Fund Warrant # 79767-80162 $ 770,459.64 Salary Clearing Fund Warrant # 7006083-7006116 $ 1,010,432.81 Treasurer Electronic Remittance $ 771,983.50 8.2 Approval to hire and post a full-time Information Services Technician position starting November 1, 2021 using current IT funds and retain the Information Service Technician position for 2022 to replace the retiring System Administrator position. 8.3 Approval to call for Request for Proposals (RFP) for 2022 Visitor Information Center services and Director of Tourism Services for 2022 and 2023. 8.4 Approval to purchase the PowerStore 1000T Storage Area Network (SAN) with 3-R750 servers for additional data storage. 8.5 Approval to appoint Brenda Hirschi as a regular member to the Mason County Board of Equalization to fill a vacant position with a term ending May 31, 2024. 8.6 Approval for the Noxious Weed Control Board Coordinator to sign the contract with Washington State Department of Agriculture # K3547 for a project to control invasive knotweed within the riparian corridors of Mason County. 8.7 Approval to close Homer Adams Road from Monday, August 23, 2021 to Friday, September 3, 2021 to complete County Road Project(CRP) 2001 for a culvert replacement. 8.8 Approval to set a Public Hearing for Tuesday, September 14, 2021 at 9:15 a.m. to consider an amendment to the 2018 Comprehensive Solid Waste Management Plan adopting a Contamination Reduction and Outreach Plan. 8.9 Approval of the Contract with Dr. Ken Gardner for Health Officer Services. 8.10 Approval to sign the General Release and Settlement Agreement by and between Grump Ventures, LLC and Mason County. The parties agree to a settlement of all matters, claims, and counterclaims arising out of or related to Grump's action in the United States District Court for Western District of Washington as cause no. 1-20-cv-05628-TSZ, and all matters, events, occurrences, and actions and omissions set forth or described therein or which might or could have been set forth or described therein. Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.9 with the removal of 8.10 for separate vote. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.4 Cmmr. Shutty asked for clarification on the funding, budget impacts, and cost and shared concerns about ongoing maintenance costs. Ross McDowell shared the funds will come from the American Rescue Plan Act(ARPA) and a three- to five-year maintenance cost should come with the initial purchase of the SAN. Frank Pinter added that maintenance for the hardware itself would be a couple thousand dollars a year. Cmmr. Shutty would like to discuss where the funding will come from at the next Briefing. Item 8.10 Cmmr. Neatherlin removed for a separate vote due to him abstaining from the vote because of conflict. Tim Whitehead shared that this is a straightforward agreement where Grump agrees to release all of their claims as set forth in their complaint. Cmmr. Shutty/Trask moved approval of Item 8.10 to sign the General Release and Settlement Agreement by and between Grump Ventures, LLC and Mason County. The parties agree to a settlement of all matters, claims, and counterclaims arising out of or related to Grump's action in the United States District Court for Western District of Washington as cause no. 3:20-cv-05628-TSZ, and all matters, events, occurrences, and actions and omissions set forth or described therein or which might or could have been set forth or described therein. Motion carried. N-abstain; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve budget supplemental appropriations and amendments to the 2021 Budget. Total adjustments to authorized expenditure appropriations in the General Fund in the amount of$227,604 and total adjustments to authorized expenditure appropriations in funds other than the General fund in the amount of$7,428,018. Staff: Jennifer Beierle 2 1 August 17 , 2021 Commission Minutes Jennifer shared the total requested adjustments to authorized expenditure appropriations in the General Fund are $227,604 and total adjustments to authorized expenditure appropriations in funds other than the General Fund are $7,428,018. Detailed entries in the General Fund include: Superior Court an increase to revenue and expenditures of$2,991 for AOC funding for COVID related expenditures; Clerk's Office an increase to expenditures of$18,000 for jury supplies and postage expenditure increases due to COVID backlog; Support Services an increase to expenditures of$5,000 for extra help increase to cover reception area; Courthouse Security an increase to expenditures of$88,847 to add one armed officer and one unarmed officer for Building 10 starting April 1, 2021; Superior Court an increase to expenditures of $35,000 for jury fee increases due to COVID backlog; Juvenile Court Services a decrease of $19,000 and an increase in Superior Court of$19,000 in expenditures for the Administrator being moved out of Juvenile Court and into Superior Court; Community Development an increase to expenditures of$58,110 for Berk Belfair UGA environmental impact statement amended contract; and Office of Public Defense an increase to revenue and expenditures of $19,656 for Washington OPD funding for Blake decision matters. In Special Funds: Community Support Services fund 117 an increase to revenues and expenditures of$3,019,883 for Treasury Rent Assistance program grant funding; Community Services Health fund 150 an increase to revenue and expenditures of$304,000 for LHJ COVID OFM grant and COVID outreach grant funding; REET 1 an increase of$500,000 to expenditures for Building 10 remodel, an increase of$309,385 to expenditures to pay off the interfund loan from County Road to REET 1 for the lower half of Building 8, and $75,000 increase to expenditures for the MCSO gym remodel; and the Belfair Wastewater and Water Reclamation fund an increase to revenue of$3,167,955 and an increase of$3,219,750 to expenditures for the Belfair Sewer refunding of debt. Cmmr. Trask/Shutty moved and seconded to approve budget supplemental appropriations and amendments to the 2021 Budget. Total adjustments to authorized expenditure appropriations in the General Fund in the amount of $227,604 and total adjustments to authorized expenditure appropriations in funds other than the General fund in the amount of$7,428,018. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to approve the correction to the Future Land Use Map and Official Development Areas (Zoning) Map Panel 3 of 10 for parcel # 22335-44-00000 from Long Term Commercial Forest to Rural Lands with a designation (zoning) of Rural Residential 5 (RR5). Staff: Marissa Watson (Exhibit A, Ordinance # 2021-051) Marissa shared Department of Community Development is bringing forward a correction to the Future Land Use Map and Official Development Areas (Zoning) Map panel 3 of 10. The current land owner reached out in May with concerns on how the zoning appeared on the GIS map. On the working maps in the mid-90s, the parcel was designated as Rural Lands not Long-Term Commercial Forest(LTCF). This was mistakenly transferred over to the zoning Excel spreadsheets as LTCF. The actual parcel had been in private ownership from at least the mid- 80s. Based on the absence of the parcel from the LTCF designation on the working maps and communication with a Senior Planner who was around during the time of the Comprehensive Plan Update and indicated that the parcel would not have qualified as LTCF, it is believed that it was mistakenly transferred over to the Excel spreadsheets and then the GIS map. Cmmr. Shutty/Trask moved and seconded to approve regarding parcel # 22335-44- 00000 to approve the map correction to the Future Land Use Map and Official Development Areas (Zoning) Map Panel 3 of 10 from Long Term Commercial Forest to Rural Lands with a designation (zoning) of Rural Residential 5 (RR5). Motion carried unanimously. N-aye; S-aye; T-aye. 3 August 17 , 2021 Commission Minutes 11. Board's Calendar and Reports —The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:42 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner 4 1 August 17 , 2021 Commission Minutes Board of Mason County Commissioners Proceedings Commission Chambers ,. 411 N 5th St, Shelton, WA 98584 04 September 14, 2021 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance— Cmmr. Trask led the flag salute. 3. Roll Call — Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Federal Energy Regulatory Commission sent in a letter regarding the 2021 Combined Functional Exercise Cushman and Wynoochee Projects. 4.2 Request for Proposal Housing Needs Assessment News Release by Cmmr. Shutty. 4.3 Request for Qualifications for Mason County Behavioral Health and Recovery Support Transportation Program News Release by David Windom. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Trask/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Shutty/Trask moved and seconded to adopt the April 26, 2021 and July 26, 2021 Briefing minutes as presented. Motion carried unanimously. N-aye; S-aye; T- aye. 8. Approval of Action Agenda 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8082841-8083174 $ 1,306,549.79 Direct Deposit Fund Warrant # 80560-80956 $ 768,975.53 Salary Clearing Fund Warrant # 7006140-7006173 $ 1,015,576.92 Treasurer Electronic Remittances $ 411,162.68 8.2 Approval of the Interagency Agreement# IAA22064 between Washington State Administrative Office of the Courts and Mason County Superior Court for reimbursement of attorney and court visitor appointment costs under the Uniform Guardianship Act for a maximum amount of $95,002 for costs incurred during July 1, 2021 through June 30, 2022. 8.3 Approval of the Interagency Agreement # IAA22105 between Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for BECCA Bill programs and services. 8.4 Approval of the Interagency Agreement # IAA22141 between Washington State Administrative Office of the Courts and Mason County Juvenile Court Services for Court-Appointed Special Advocates (CASA)/Volunteer Guardian ad Litem programs in the amount of$70,252 for the fiscal year July 1, 2021 through June 30, 2022. 8.5 Approval to recruit a full-time temporary Public Health Nurse/Registered Nurse COVID Response position. 8.6 Approval to recruit a full-time temporary Community Health Specialist I, II, or III COVID Education/Response Specialist. 8.7 Approval for Community Services to issue a Request for Proposal (RFP) for a Housing Needs Assessment to inform the Housing Chapter of the Comprehensive Plan and identify the highest needs for affordable housing in Mason County. 8.8 Approval for the Chair to execute Contract Amendment 5 with Kennedy/Jenks Consultants, Inc. extending the contract expiration date to June 30, 2022 and adding construction inspections to the scope of work for the Belfair sewer extension phase 2 project. 8.9 Approval to authorize Public Works to procure two new electronic reader boards off of the Washington State contract with the Department of Enterprise Services (DES) for a total purchase amount of$35,630.51. 8.10 Approval to authorize Public Works to purchase a handheld sign retroreflectometer with an extension pole for the low bid amount of$10,956.13 through Professional Pavement Projects, Inc. 8.11 Approval to close Highland Road on Monday, September 20, 2021 to Friday, October 1, 2021 to complete County Road Project 2024 culvert replacement project to improve fish passage under the County road and reduce roadway flooding. 8.12 Approval of the Resolution authorizing the purchase of parcel # 42004-40-00000 from Public Utility District 3 in the amount of$320,000. (Exhibit A, Resolution # 2021-054) 8.13 Approval of the Resolution amending the Veteran Advisory Board Policy for Veterans'assistance program to reflect acceptable documents for proof of service as recommended by the Veterans Advisory Board. (Exhibit B, Resolution # 2021-055) 8.14 Approval of the Resolution for sole source purchase of an automatic keying system in the amount of$18,123.50 for the Mason County Jail from Morse Watchman and approval of a budget supplemental in December 2021 to cover the cost. (Exhibit C, Resolution # 2021- 056) 8.15 Approval of the Resolution for the sale of real property located on Route 101, parcel # 42110- 41-00011 to the Skokomish Tribe in the amount of$1,664. (Exhibit D, Resolution # 2021- 057) 8.16 Approval for the Chair to sign the renewal contract with Mason General Hospital with an end date of December 31, 2026 for Hepatitis B vaccines, respirator FIT medical reviews, and associated supplies. 8.17 Approval to set a Public Hearing for October 12, 2021 at 9:15 a.m. to consider the adoption of the draft amendments to Title 17.50— Mason County Shoreline Master Program,Title 8.52— Mason County Resource Ordinance, and Title 15 — Mason County Development Code. 8.18 Approval of a three-year subscriber agreement with Public Safety Testing for entry-level Law Enforcement and Corrections Officer testing. The annual rate for Law Enforcement Officer testing in 2022 is$2,356 and in 2023 and 2024 an annual increase of 396 will be included. The annual rate for Corrections Officer Testing in 2022 is$1,176 and in 2023 and 2024 an annual increase of 3% will be included. The total annual rate for 2022 is$3,532 and for 2023 and 2024 a 39vo increase in professional fees will be included. 8.19 Approval for the Chair to sign the contract for Lobbyist Services with Debra Munguia. 8.20 Approval for the Chair to sign the amendment to the 2021-2023 Department of Ecology Litter Control Grant for$40,000. Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.20. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve the Resolution amending the 2018 Comprehensive Solid Waste Management Plan adding Appendix J: Contamination Reduction and Outreach Plan (CROP). Staff: Richard Dickinson (Exhibit E, Resolution # 2021-058) 2 1 September 14 , 2021 Commission Minutes Richard Dickinson shared that Washington State Legislature directed Ecology to develop a plan to reduce recycling contamination. Ecology prepared a state-wide Contamination Reduction and Outreach Plan (CROP) and local jurisdictions with a population of 25,000 or more are required to adopt CROP as part of their Solid Waste Management Plan by September 30, 2021. CROPS need to be reviewed by the Solid Waste Advisory Committee (SWAC) and local partnering jurisdiction (City of Shelton), Ecology, and the Board of County Commissioners. SWAC, Ecology, and the City of Shelton (Resolution # 1206-082 approved on September 7, 2021) have reviewed and concur with the draft. Cmmr. Trask/Shutty moved and seconded to approve and execute the resolution amending the 2018 Comprehensive Solid Waste Management Plan adding Appendix J: Contamination Reduction and Outreach Plan (CROP). Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:28 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner 3 1 September 14 , 2021 Commission Minutes MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: September 28, 2021 Agenda Item # g, (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8083175-8083377 $ 1,737,468.51 Direct Deposit Fund Warrant # $ Salary Clearing Fund Warrant # $ Treasurer Electronic Remittance $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 29,054,243.11 Direct Deposit YTD Total $ 12,995,910.52 Salary Clearing YTD Total $ 13,140,971.14 Approval of Treasure Electronic Remittances YTD Total $ 15,820,757.34 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8083175-8083377 $ 1,737,468.51 Direct Deposit Fund Warrant # $ Salary Clearing Fund Warrant # $ Treasurer Electronic Remittance $ Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: September 28, 2021 Agenda Item # 3.2 Commissioner staff to complete) BRIEFING DATE: August 23, 2021 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Authorization to use American Rescue Plan Act (ARPA) funds for the Mason County IT infrastructure storage area network (SAN) upgrade. The purchase for SAN was approved on the BOCC's Action Agenda dated August 17, 2021, item no. 8.4. Background: Mason County is in need of expanding its SAN network largely due to the digital centric workflow that has been expanding in the County. Due to the retention of items, the ingress of data greatly outnumbers the egress. This has been compounded during staff working from home and only being able to use digital workflow. On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (HR 1319). The $1.9 trillion package, based on the President's American Rescue Plan, is intended to combat the COVID-19 pandemic, including the public health and economic impacts. As a result of the passage of this plan Mason County has received $6,484,451 in 2021. The SAN network expansion is a qualifying expense under ARPA. Recommended Action: Approval for the IT Department to purchase the Mason County SAN upgrade approved on 8/17/21, item no. 8.4, using ARPA funds. Attachment: ARPA Quick Reference Guide Mason County ARPA Prioritization List of Projects Review 8/23/2021 J:\Budget Office\Briefing, Agenda,&Public Hearing Items\202 I\Action Agenda 9.28.2021 -ARPA SAN Storage Upgrade.doc U.S. DEPARTMENT OF THE TREASURY t i a lilts A . 1 • virus o State and Local 7F!is Cal Recovery .tea •^''` The American Rescue Plan will deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. The Coronavirus State and Local Fiscal Recovery Funds provide a substantial infusion of resources to help turn the tide on the I Eligible Jurisdictions&Allocations pandemic, address its economic fallout,and lay the foundation for a strong and equitable recovery. Direct Recipients • States and District of Columbia Funding Objectives ($195.3 billion) • Support urgent COVID-19 response efforts to continue to Counties ($65.1 billion) decrease spread of the virus and bring the pandemic under control i Metropolitan cities ($45.6 billion) • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs Tribal governments($20.0 billion) f • Support immediate economic stabilization for households and Territories($4.5 billion) businesses Indirect Recipients • Address systemic public health and economic challenges that Non-entitlement units($19.5 billion) have contributed to the inequal impact of the pandemic ® Support Public Health Response dP)? Address Negative Economic Impacts Fund COVID-19 mitigation efforts, medical ) Respond to economic harms to workers,families, expenses, behavioral healthcare,and certain small businesses, impacted industries,and the public health and safety staff public sector Replace Public Sector Revenue Loss Premium Pay for Essential Workers Use funds to provide government services to Offer additional support to those who have and the extent of the reduction in revenue will bear the greatest health risks because of their experienced due to the pandemic service in critical infrastructure sectors Water and Sewer Infrastructure (it', Broadband Infrastructure Make necessary investments to improve access •�• Make necessary investments to provide unserved to clean drinking water and invest in or underserved locations with new or expanded wastewater and stormwater infrastructure broadband access I=� For More Information: Please visit www.treasury.gov/SLFRP tt�r For Media Inquiries: Please contact the U.S.Treasury Press Office at(202) 622-2960 For General Inquiries: Please email SLFRP@treasury.govfor additional information U.S.DEPARTMENT OF THE TREASURY Example Uses of Funds ® Support Public Health Response Address Negative Economic Impacts • Services to contain and mitigate the spread of Deliver assistance to workers and families,including COVID-19,including vaccination,medical expenses, support for unemployed workers,aid to households, testing,contact tracing,quarantine costs,capacity and survivor's benefits for families of COVID-19 victims enhancements,and many related activities Support small businesses with loans,grants,in-kind • Behavioral healthcare services,including mental assistance,and counseling programs health or substance misuse treatment, crisis Speed the recovery of impacted industries, including intervention, and related services the tourism,travel,and hospitality sectors • Payroll and covered benefits for public health, Rebuild public sector capacity by rehiring staff, healthcare,human services, and public safety staff to replenishing state unemployment insurance funds,and the extent that they work on the COVID-19 response implementing economic relief programs Replace Public Sector Revenue Loss Premium Pay for Essential Workers • Ensure continuity of vital government services by Provide premium pay to essential workers,both filling budget shortfalls directly and through grants to third-party employers • Revenue loss is calculated relative to the expected Prioritize low-and moderate-income workers,who trend, beginning with the last full fiscal year pre- face the greatest mismatch between employment- pandemic and adjusted annually for growth related health risks and compensation • Recipients may re-calculate revenue loss at multiple Key sectors include healthcare, grocery and food points during the program,supporting those entities services, education,childcare,sanitation,and transit that experience revenue loss with a lag Must be fully additive to a worker's wages lc d Water &Sewer Infrastructure Broadband Infrastructure • Includes improvements to infrastructure, such as Focus on households and businesses without access building or upgrading facilities and transmission, to broadband and those with connections that do distribution,and storage systems not provide minimally acceptable speeds • Eligible uses aligned to Environmental Protection Fund projects that deliver reliable service with Agency project categories for the Clean Water State minimum 100 Mbps download/100 Mbps upload Revolving Fund and Drinking Water State Revolving speeds unless impracticable Fund Complement broadband investments made through the Capital Projects Fund g Equity-Focused Services Ineligible Uses • Additional flexibility for the hardest-hit communities • Changes that reduce net tax revenue must not be and families to address health disparities,invest in offset with American Rescue Plan funds housing,address educational disparities,and promote • Extraordinary payments into a pension fund are a healthy childhood environments prohibited use of this funding • Broadly applicable to Qualified Census Tracts,other • Other restrictions apply to eligible uses disproportionately impacted areas,and when provided by Tribal governments The examples listed in this document are non-exhaustive,do not describe all terms and conditions associated with the use of this funding, and do not describe all the restrictions on use that may apply. The U.S.Department of the Treasury provides this document,the State and Local contact channels,and other resources for informational purposes.Although efforts have been made to ensure the accuracy of the information provided,the information is subjectto change or correction.Any Coronavirus State and Local Fiscal Recovery Funds received will be subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction,which shall incorporate the provisions of the Interim Final Rule and/or Final Rule that implements this program. Mason County ARPA Prioritization List of Projects Review 8/23/2021 Priority d Proposed Use in Use in Use in Mason County Project Name Reference a EDC ST RN KS Source Revenue Expense Total Use In 2021 2022 2023 2024 Support Public Health Response PH ARPA 3,000,000 To contain and mitigate the spread of COVID-19 - Behavioral Health Care Services Payroll and Covered Benefits Subtotal E5S1i0' iveflen11504)blankaDecWon AOC Assist with one-time costs related to law enforcement and criminal justice related legisiation enacted between January 1,2020,and June 30,20ZI. - Macon County I District Court M-ri County 929,365 - - - - 13ection 140 County Assistance Fund II State Leg 255,893 Assist with one-time costs related to law enforcement and«iminal justice j related legislation enacted lretwemlanuary 1,2020,and June 30'2021. C &Anir,,R_+tus f9s _ t % 34,266 40,000 Subtotal 255,893 74,266 34,266 40,000 - Gf ARPA ]2,000,000 Replace Public Sector Revenue Loss Ensure Continuity of vital government services by filling budget shortfalls - Public Records Software GovC A % 22,700 7,700 15,000 Temp County Staff to address COVID X 250,D00 250,000 Public Health Message Board 20,000 20,000 MCSO Body Cameras SOCC Approved % X 700.000 700,000 Revenue Loss Calculated Mason County Fee Recovery Law General Fund 500,000 (500,000) 500,000 Mason County Gas Tax Revenue Low General Fund 1,500,000 (1,500,000) 1,500,000 Mason County Treasurer Property Tax Reimbursements WXC Approved X 200,000 200,000 Design for 2nd floor PA,MCSO General Fund 100,000 100,000 DCD Records Archival Image Medium General Fund 500,000 100,000 150,000 150,000 100.000 Prosecutors Office 2nd floor expansion General Fund 700,000 300,000 400,000 MM 2nd floor expansian General Fund 800,000 400,000 400,000 Ballot sorter machine B of A Bldg Low General Fund 1,200,000 1,2001000 Recipients may re-calculate lags in revenue loss Subtotal 14,000,000 2,492,700 5,277,700 965,000 150,000 100,000 Water and Sewer Infrastructure - Includes improvements to Infrastructure PUD I Agate Beach Water System Mainline SOCC Approved X X 559,000 559,000 PUD I Vuecrest Storage Upgrade SOCC Approved % X 158,284 158,284 EDC Water line from 101 to Prison 1,000,000 1,000,000 CEDS Belfair Water BOCC Approved X X 410,000 450,000 EDC Sewer line extension from High School to Basin High 2500,000 2,500,000 EDC Wallace Kneeland Substation High 3:200,000 3,200,000 PUD 3 Belfair Substation BOCC Approved High X 1,500,000 1,500,000 CEDS Belfair Substation Phase I Ring-Bus High X 3,000,000 3,000,000 CEDS Belfair Substation Phase 2 Transmission Line Clifton Ridge 3,000,000 3,000,000 CEDS Belfair Substation Phase 3 Clifton Ridge Water Tower Substation 3,000,000 3,000,000 Subtotal - 18,367,284 18,367,284 - - - Broadband Infrastructure - Focus on Households and Business - HCCCoIanySurfFiberBulldout X X 313,556 313,556 HCC Eldon Fiber Buildout X X 501,932 501,932 PUD 3 Rural Broadband Cloquallum Community X 500,D00 500,000 Fund projects that deliver reliable service - 136,261 250,001) Complements Broadband Investments - Subtotal - 1,451,749 1,565,488 - - - Premium pay for Essential Workers - Provide premium pay to essential workers(must be fully additive) - OPD Blake Grant funding AOC 19,656 19,656 9,828 9,828 Prioritize low and moderate income workers Key sectors Include Healthcare,grocery,food,education,childcare,sanitation and transit Subtotal 19,656 19,656 9,828 9,828 - - Address Negative Economic Impacts - Deliver assistance to workers and families PUD 1 Customer Arrearages due to COVID BOCC Approved Medium X X 125,000 125,000 ITCC Cu stomer Arrearages due to COVID Medium X X 110,000 110,000 Mason County Utilities Arrearages Medium X 154,000 154,000 123,545 Childcare Support Medium 777? - Support Small Business EDC Small Business Grants SOCC Approved High X X 500,000 500,000 Speed the recovery of impacted industries - Mason County Courts Building 10 X 750,000 750,DD0 Rebuild public sector capacity Shelton Gateway Me S dium X 250,000 250,00Kneelandhelton Springs/Wallace Kneeland Roundabout Medium Subtotal - 2,012,545 2,012,545 - - - �( e� brand total rr 17019,656 24,343,904 27,232,845,1 974 928 150,Od� )00000 Ili I IV I I t l 11 t I t I I APP OYk - 54 Revenue Recipients MaSOn � County Mason GF HAMC EOC CEDS HCC PUD 1 PUD 3 Total IT RN NS � M1flN N 0 0 0 0 0 0 0 0 0 74,266 % 0 0 74,266 22,700 X 0 0 22,700 2501000 0 0 X 250,000 20000 0 0 0 700:000 X 0 X 7WAW 7KWO 0 0 0 (500,000( 0 0 0 (1,500'000) 00 0 200,()- X 0 0 200,000 100,P,N 0 0 0 500po0 0 00 700,000 0 0 0 BOO,CCO 0 0 0 1,200,000 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 559,000 X 0 X SS9,000 SS9,0W0 158,284 X 0 X 1%294 1KN4 1.000,000 0 0 0 450,000 X 0 X 45010W 4S0,000 2,500,000 0 0 0 3,ZW,OW 0 0 0 1,500,000 0 0 X 1,500,000 3,000,OW X 0 0 11500,000 3,000,000 0 0 0 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 313,556 X 0 X WAS 313,SS6 so1,932 X 0 X SOLSIn 501.932 500.000 X 0 0 SW,OW o a o 136,261 0 0 0 I 0 0 0 0 0 0 0 0 0 0 0 0 19,656 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 125,000 X 0 X 125,OW 125,000 110,000 X 0 X 110,0W 13Q000 154,000 0 0 X 154,000 123,545 0 O 0 0 0 0 500,Ool, X O X Sw O00 SK= 0 0 0 750,000 0 0 X 750,000 0 0 0 250,000 0 0 X 250,000 0 0 0 0 0 0 o a o 2,052,637 1,SOO,OW 123,545 SW,OW 7,4W,0W 925,488 842,2&1 11,OW - 6,454,451 5,714,738 - 6.321,772 Available 6REFI U ri' l MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: September 28, 2021 Agenda Item # 8.3 Commissioner staff to complete) BRIEFING DATE: September 13, 2021 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution authorizing the County Treasurer to distribute the Public Utility District Excise Tax, per RCW 54.28.090. Background: The state collects a 2% excise tax, plus .02% per kilowatt-hour of self-generated energy, on all PUDs in lieu of property taxes. The unrestricted revenue is distributed from the state to counties. The county treasurer further distributes to cities or towns within the county according to the manner the county legislative body deems"most equitable" (RCW 54.28.090). However, the statute specifies that each city and town within the county must receive an amount equal to at least .75% of the PUD's gross revenues received from the sale of electricity within that city or town. The County adopts a resolution annually for distribution of the tax and staff is recommending a resolution be adopted directing the Treasurer to distribute the tax, in accordance with the above formula, on an on-going basis. BUDGET IMPACTS: Mason County budgets this tax annually. RECOMMENDED ACTION: Approval of the resolution authorizing the County Treasurer to distribute the Public Utility District Excise Tax, per RCW 54.28.090. Attachment(s): Resolution 9/22/2021 RESOLUTION NO. A Resolution for Disbursement of the Public Utility District Privilege Tax WHEREAS, a PUD (Public Utility District) is subject to an excise tax in lieu of property taxes according to RCW 54.28.020; and WHEREAS, the state collects these funds and distributes them back to the counties as PUD Privilege tax, and WHEREAS, per RCW 54.28.090, the legislative authority should direct the county treasurer as to the distribution of these funds; and WHEREAS, per RCW 54.28.090, an amount not less than three-fourths of one percent (0.75%) of the gross revenues obtained by the PUD district from the sale of electric energy within any incorporated city or town must be remitted to such city or towns; and WHEREAS, information furnished by the PUD district to the county is the basis for determination of the amount to be paid to such cities or towns; and WHEREAS, the County Treasurer has recommended a resolution be adopted allowing the Treasurer to disburse the PUD Privilege Tax based on the formula of not less than 0.75% of the gross revenues obtained by the PUD district from the sale of electric energy within any incorporated city or town be remitted to such city or town; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners to distribute three-fourths of one percent (.075%) of the gross revenues obtained by the PUD district from sale of electric energy within any incorporated city or town in Mason County to such city or town, with the remainder of the tax to be distributed to the County General Fund; and BE IT FURTHER RESOLVED, that as authorized by state statute, the Board of County Commissioners herby directs the Mason County Treasurer to distribute the PUD Privilege Tax according the formula shown above. Dated this day of , 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Kevin Shutty, Commissioner PUBLIC UTILITY DISTRICT (PUD) PRIVILEGE TAX Quick Summary • The state imposes a 2%excise tax,plus 0,02%per kilowatt-hour of self-generated energy,on all public utility districts(PUDs)in lieu of property taxes. • Revenues are shared with counties,cities,and towns. • Revenues are unrestricted and may be used for any lawful government purpose. RCW:54.28.020(9) All property owned by public utility districts (PUDs), like all other government-owned property, Is exempt from property taxes. However, since 1941 public utility districts(PUDs) have been subject to an excise tax in lieu of property taxes. This tax is levied for the privilege of operating facilities for generating and distributing electricity. The state imposes an excise tax rate of 2%of the gross revenue derived from the sale of distribution of power, plus 0.02%per kilowatt-hour61 of the wholesale value of self-generated energy for resale or distribution to consumers by a district(RCW 54.28.020(1)).These revenues are shared with counties and other local taxing districts as described below. There is also an additional 0.14%excise tax on the PUD's gross revenue(RCW 54.28.020(2)),but those revenues are deposited to the state general fund and are not shared with local governments. This tax is computed and collected by the Department of Revenue. Of the portion under RCW 54.28,020(1) that is shared with local governments, 41.6%of the revenues are deposited to the state general fund, primarily for the benefit of public schools(RCW 54.28.040 and RCW 54.28.050(1)). The remainder of the 2% base excise tax is distributed to the county or counties in proportion to the gross revenue from sales made within each county,while the 0.02%kilowatt-hour tax is distributed to the county or counties in which the generating facilities are located. The county treasurer,in turn, must further distribute those funds to the county general fund,county road district,and each city or town within the county62 according to the manner the county legislative body deems "most equitable"(RCW 54.28.090). However,the statute specifies that each city and town within the county must receive an amount equal to at least 0.75%of the PUD's gross revenues received from the sale of electricity within that city or town. There is a separate excise tax for certain thermal electric generating facilities located on a federal reservation under RCW 54.28.025,which has a different population-based revenue-sharing formula under RCW 54.28,055. The thermal generating facilities tax is distributed to counties,cities,library districts,and fire protection districts. 61 Rather than"0.02%per kilowatt-hour,"the statute actually reads"five percent of the first four mills per kilowatt-hour." A"mill"is an older term referring to 1/1,000th of a currency unit.Four mills is equivalent to 4/1,000,or.004.Five percent (.05)of.004 equals 0.0002 or 0.02%. 62 The statute says the county must distribute the money to"each taxing district in the county,other than school districts."RCW 54.28.010 defines"taxing district"to mean counties,cities,towns,school districts,and road districts. Revenue Guide for Washington Cities and Towns I NOVEMBER 2020 138 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other _ DEPARTMENT: Community Services EXT: 562 DATE: 9/21/21 Agenda Item # .. Commissioner staff to complete) BRIEFING DATE: 9/13/2021 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH18253 Amendment 23 Adds Statement of Work for: 1. Emergency Preparedness & Response PHEP: 29,605 funds for Emergency Preparedness 2. Foundational Public Health: 202,891 in funding for Foundational Public Health Services 3. Injury &Violence Prevention Overdose Data to Action: 50,000 funding for Overdose Prevention Amends Statements of Work for: 1. Covid-19 Coordinated Response: Extends ending date to 12/31/2021 2. Maternal &Child Health Block Grant: 16,924 in funding for Maternal Child Health. 3. OnSite Septic LMP Implementation: 15,000 in funding for work in Wastewater Management BUDGET IMPACTS: 202,891 in new funding for 2021 and 111,529 in ongoing funding that has already been budgeted. RECOMMENDED OR REQUESTED ACTION: Approve Amendment 23 CLH18253 Consolidated Contract with Department of Health. 9/16/2021 MASON COUNTY PUBLIC HEALTH 2018-2021 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH18253 AMENDMENT NUMBER: 23 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as"DOH",and MASON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LHJ",pursuant to the Modifications/Waivers clause,and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,attached and incorporated by this reference, are amended as follows: ® Adds Statements of Work for the following programs: • Emergency Preparedness&Response PHEP-Effective July 1,2021 • Foundational Public Health Services(FPHS)-Effective July 1,2021 • Injury&Violence Prevention Overdose Data to Action-Effective September 11 2021 ® Amends Statements of Work for the following programs: • COVID-19 Coordinated Response-Effective July 1,2020 • Maternal&Child Health Block Grant-Effective January 1,2018 • OSS LMP Implementation-Effective July 1,2019 ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-23 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-22 Allocations as follows: ® Increase of 31$ 4,420 for a revised maximum consideration of 5 3$ 72,467• ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of-- Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C-19 Schedule of Federal Awards,attached and incorporated by this reference,amends and replaces Exhibit C-18. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of.43 AMENDMENT#23 2018-2021 CONSOLIDATED CONTRACT EXHIBIT A STATEMENTS OF WORK TABLE OF CONTENTS DOH Program Name or Title: COVID-19 Coordinated Response-Effective July 1,2020............................................................................................................. 3 DOH Program Name or Title: Emergency Preparedness&Response-PHEP-Effective July 1,2021........................................................................................... 16 DOH Program Name or Title: Foundational Public Health Services(FPHS) -Effective July 1,2021........................................................................................... 26 DOH Program Name or Title: Injury&Violence Prevention Overdose Data to Action-Effective September 1,2021................................................................ 31 DOH Program Name or Title: Maternal&Child Health Block Grant-Effective January 1,2018................................................................................................ 34 DOH Program Name or Title: OSS LMP Implementation-Effective July 1,2019.......................................................................................................................41 Exhibit A, Statements of Work Page 2 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: COVID-19 Coordinated Response- Local Health Jurisdiction Name: Mason County Public Health Effective July 1,2020 Contract Number: CLH18253 Funding Source Federal Compliance Type of Payment SOW Type: Revision Revision#(for this SOW) 4 ® Federal Subrecipient (check if applicable) ®Reimbursement OS State ❑ Other ®FFATA(Transparency Act) ❑ Fixed Price Period of Performance: July 1,2020 through December 31,2021 ®Federal *Contractor ❑Research&Develo ment Statement of Work Purpose: The purpose of this statement of work is to provide supplemental funding for the LHJ to ensure adequate culturally and linguistically responsive testing,investigation and contact tracing resources to limit the spread of COVID-19 NOTE: Pending execution of a new consolidated contract term or an extension to the 2018-2021 consolidated contracts which currently end December 31,2021,DOH plans to continue the task activities and funding as noted in the task(s)below in a new or revised statement of work effective January 1,2022. Revision Purpose: The purpose of this revision is to update the MI code for FFY20 ELC EDE LHJ ALLOCATION in the Payment Information column,revise language and add new deliverable in Task 2.Lh,and revise program specific language for DCHS COVID-19 Response-Tasks 1 and 2;and extend the funding period for MASS VACCINATION FEMA 100%from July 20,2021 to December 31,2021 for Mass Vaccination Clinics—Task 4. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Tol Consideration Revenue Index (LHJ Use Only) Consideration None Code Code Start Date End Date BITV-COVID ED LHJ ALLOCATION-CARES 21.019 333.21.01 1897129V 07/01/20 12/31/21 351,672 00 351,670 FEMA-75 COVID LHJ ALLOCATION 97.036 333.97.03 1897129W 07/01/20 12/30/20 0 FFY21 COVIDI9 VACCINE SERVICES-CARES !93.268 333.93.26 74310209 07/O1/20 12/31/21 14,582 00 14,580FFY21 COVID GFS LHJ REGIONAL A 334.04.92 1897211G 12/31/20 06/30/21 0FFY20 ELC EDE LHJ ALLOCATION .323 333.93.32 1897120E 01/15/21 12/31/21 294,0210 294,021 FFY19 ELC COVID ED LHJ ALLOCATION .323 333.93.32 1897129G O1/O1/21 12/31/21 294,029 00 294,0290 *MASS VACCINATION FEMA 100% 97.036 333.97.03 934V0200 Ol/21/21 12/31/21 0 COVID 19 VACCINES 93.268 333.93.26 74310229 07/O1/20 12/31/21 372,603 0 372,603 1,672,607 0 1,672,607 TOTALS Payment F *May Support PHA.B Deliverables/Outcomes Due Date/Time Frame Information and/or Task/Activity/Description Standards/Measures Amount e in public health emergency preparedness and response activities for COVID-19.This may include surveillance,epidemiology,laboratory capacity,infection control, ,communications and or other preparedness and response activities for COVID-19. Examples of key activities include: • Incident management for the response • Testing Page 3 of 43 Contract Number CLH18253-23 Exhibit A,Statements of Work Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount • Case Investigation/Contact Tracing • Sustainable isolation and quarantine • Care coordination • Surge management • Data reporting NOTE:The purpose of this agreement is to supplement existing funds for local health jurisdictions to carry out surveillance,epidemiology,case investigations&contact tracing, laboratory capacity,infection control mitigation,communications community engagement,and other public health preparedness and response activities for COVID-19. DCHS COVED-19 Response-Tasks 1 and 2—Unspent ELC funding can be carried forward into new contract term effective January 1,2022. 1 Establish a budget plan and narrative to be submitted to the Submit the budget plan Within 30 days of Reimbursement of Department of Health(DOH)Contract Manager. DOH will and narrative using the receiving any new actual costs send the"Budget narrative Template","Budget Guidance" template provided. award for DCHS incurred,not to and any other applicable documents that may be identified. COVID-19 Response exceed$1,303,222 tasks. total. DOH does recognize the public health response goes beyond December 2021 and authorizes local health $351,672 BITV- jurisdictions the ability to maximize funding streams COVID ED LHJ available to them by using short term funding first to ALLOCATION- have longer term funding available to continue to CARES Funding support the local health jurisdiction response activities Qv1I 1897129V) beyond December 2021 as applicable. $657,521 FFY20 2 1) LHJ Active monitoring activities.In partnership with Data collected and Enter performance ELC EDE LHJ WA DOH and neighboring Tribes,the LHJ must ensure reported into DOH metrics daily into DOH ALLOCATION adequate culturally and linguistically responsive testing, systems daily. identified systems Funding investigation and contact tracing resources to limit the (MI 1897120DE) spread disease.LHJs must conduct the following Quarterly performance Funding end date activities in accordance with the guidance to be provided reporting updates 7/31/2023 by DOH. $294,029 FFY19 a. Allocate enough funding to ensure the following ELC COVID ED Contact Tracing and Case Investigation Support: LHJ Hire a minimum of 1.0 data entry FTE to assure ALLOCATION system requirements for task 2.La. Funding i. Contact tracing Enter all contact tracing (MI 1897129G 1. Strive to maintain the capacity to surge a data in CREST following Funding end date minimum of five(5)contact tracers for guidance from-DOH. 10/18/2022 every 100,000 people in the jurisdiction,as needed,based on disease rates.DOH centralized investigations will count towards this minimum. Exhibit A,Statements of Work Page 4 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task *May Support PFIAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Standards/Measures Amount 2. Have staff that reflect the demographic makeup of the jurisdiction and who can provide culturally and linguistically competent and responsive services.In addition,or alternatively,enter into an agreement(s)with Tribal,community- based and/or culturally-specific organizations to provide such services. DOH centralized investigations will count towards this minimum. 3. Ensure all contact tracing staff are trained in accordance with DOH investigative guidelines and data entry protocols. 4. Coordinate with Tribal partners in conducting contact tracing for Tribal members. 5. Ensure contact tracing and case investigations activities meet DOH case and Contact Tracing Metrics. (Metrics to be determined collaboratively by DOH, LHJs and Tribes.)Work with DOH to develop a corrective action plan if unable to meet metrics. 6. Perform daily monitoring for symptoms during quarantine period of contacts ii. Case investigation Enter all case 1. Strive to maintain the capacity to surge a investigation data in minimum of five(5)case investigators and contact tracers for every 100,000 people in WDRS-following the jurisdiction,as needed,based on guidance from-DOH. disease rates.DOH centralized investigation will count toward this minimum. 2. Enter all case investigation and outbreak data in WDRS following DOH guidance. a) Strive to enter all case investigation and outbreak data into CREST as directed by DOH. b) Ensure all staff designated to utilize WDRS have access and are trained in the system. Page 5 of 43 Contract Number CLH18253-23 Exhibit A,Statements of Work Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount c) Include if new positive cases are tied to a known existing positive case or indicate community spread. d) Conduct case investigation and monitor outbreaks. e) Coordinate with Tribal partners in conducting case investigations for tribal members. 3. Ensure contact tracing and case investigation activities meet DOH Case and Contact Tracing Metrics.(Metrics to be determined collaboratively by DOH, LHJs,and Tribes.)Work with DOH to develop a corrective action plan if unable to meet metrics. b. Testing i. Work with partners and Tribes to ensure testing is available to every person within the jurisdiction meeting current DOH criteria for Maintain a current list of testing and other local testing needs. entities providing ii. Work with partners and Tribes to ensure COVID-19 testing and at testing is provided in a culturally and what volume.Provide linguistically responsive manner with an reports to DOH Contract emphasis on making testing available to manager on testing disproportionately impacted communities and locations and volume as as a part of the jurisdiction's contact tracing requested. strategy. iii. Maintain a current list of entities providing COVID-19 testing and at what volume. Provide reports to DOH on testing locations and volume as requested. c. Surveillance FTE support at a minimum of.5 FTE Epidemiologist to support daily reporting needs below. i. Ensure all COVID positive lab test results from LHJ are entered in to WDRS by 1)entering data directly in to WDRS,2)sending test results to DOH to enter,or 3)working with DOH and entities conducting tests to implement an electronic method for test result submission. Exhibit A, Statements of Work Page 6 of 43 Contract Number CLH 18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount ii. Maintain records of all COVID negative lab test results from the LHJ and enter into WDRS when resources permit or send test results to DOH. iii. Collaborate with Tribes to ensure Tribal entities with appropriate public health authority have read/write access to WDRS and CREST to ensure that all COVID lab results from their jurisdictions are entered in WDRS or shared with the LHJ or DOH for entry. d. Tribal Support. Ensure alignment of contact tracing and support for patients and family by coordinating Quarterly performance with local tribes if a patient identified as American updates related to Indian/Alaska Native and/or a member of a WA culturally and linguistic tribe. competency and responsiveness,tribal e. Support Infection Prevention and control for high- support,infection risk populations prevention and control for i. Migrant and seasonal farmworker support. high-risk populations, Partner with farmers,agriculture sector and community education and farmworker service organizations to develop regional active monitoring and execute plans for testing,quarantine and activities. Performance isolation,and social service needs for migrant update should include and seasonal farmworkers. status of all projects ii. Congregate care facilities: In collaboration listed. with the state licensing agency(DSHS), support infection prevention assessments, testing.Infection control and isolation and quarantine protocols in congregate care facilities. iii. High risk businesses or community-based operations. In collaboration with state licensing agencies and Labor and Industries, partner with food processing and manufacturing businesses to ensure adequate practices to prevent COVID-19 exposure, conduct testing and respond to outbreaks. iv. Healthcare: Support infection prevention and control assessments,testing,cohorting,and isolation procedures.Provide educational resources to a variety of healthcare setting Exhibit A, Statements of Work Page 7 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Standards/Measures Amount types(e.g.,nursing homes,hospitals,dental, dialysis). v. Non-healthcare settings that house vulnerable populations:In collaboration with state corrections agency(DOC)and other state partners,support testing,infection control, isolation and quarantine and social services and wraparound supports for individuals living or temporarily residing in congregate living settings,including detention centers,prisons, jails,transition housing,homeless shelters, and other vulnerable populations. vi. Schools:In collaboration with OSPI and local health jurisdictions,support infection prevention and control and outbreak response in K-12 and university school settings. f. Ensure adequate resources are directed towards H2A housing facilities within communities,fishing industries and long-term care facilities to prevent and control disease transmission.Funds can be used to hire support staff,provide incentives or facility- based funding for onsite infection prevention efforts,etc. g. Community education. Work with Tribes and partners to provide culturally and linguistically responsive community outreach and education related to COVID-19. h. Establish sustainable isolation and quarantine measures. i. Have at least one(1)location identified and Quarterly performance confirmed through contract/formal agreement updates to include name, that can support isolation and quarantine address and capacity of adequate to the population for your jurisdiction identified location that with the ability to expand;alternatively, can support isolation and establish with an adjacent jurisdiction a formal quarantine,date of agreement to provide the isolation and quarantine capacity adequate to the population and confirmation of for your jurisdiction with the ability to expand. appropriate planning and coordination as required. Exhibit A,Statements of Work Page 8 of 43 Contract Number CLH 18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount foeilio,intake ownspe preeedures, and Maintain ongoing census data for isolation Maintain ongoing census and quarantine for your population. data for isolation and iii. Planning must incorporate transfer or receipt of quarantine for your isolation and quarantine patients to from population. adjacent jurisdictions or state facilities in the event of localized increased need. iv. Planning must incorporate triggers and coordination to request state isolation and quarantine support either through mobile teams or the state facility to include site identification and access COVID-19 Vaccine Services-Task 3—will be extended through June 30,2022 in new contract term effective January 1,2022.Any unspent funds may be carried forward. 3.A Identify activity/activities to support COVID vaccine Summary of the January 31,Annually Reimbursement of response in your community,using the examples below as a engagement strategies to actual costs guideline. be used with health care incurred,not to Example 1:Develop and implement communication providers and other exceed: strategies with health care providers,community,and/or partners,and the locally other partners to help build vaccine confidence broadly and identified population to be $14,582 among groups anticipated to receive early vaccination,as reached. FFY21 COVIDI9 well as dispel vaccine misinformation.Document and VACCINE provide a plan that shows the communication strategies used SERVICES-CARES with health care providers and other partners and the locally Funding identified population anticipated to reach. (MI 74310209) Example 2:Engage in other vaccination planning activities $354,803 COVID such as partnership development,provider education, 19 VACCINES vaccination point of dispensing(POD)planning,tabletop Funding(MI exercises,engagement with communities,leaders,non- 74310229) traditional provider,or vulnerable populations to develop strategies to ensure equitable access to vaccination services Exhibit A,Statements of Work Page 9 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 3.13 Implement the communication strategies or other activities, Mid-term written report June 30,Annually working with health care providers and other partners to describing reach the locally identified population,support providers in activity/activities and vaccination plans,and support equitable access to progress made to-date and vaccination services. strategies used(template to be provided 3.0 Catalog activities and conduct an evaluation of the strategies Final written report, December 31,Annually used showing the strategies used and the final progress of the reach (template to beprovided) Regional Incident Management Team(IMT)Mass Vaccination Clinics—Task 4 *NOTE:Task 4 activities for Mass Vaccination Clinics *Reimbursement of in this statement of work are NOT CONSIDERED eligible costs. SUBRECIPIENT but are as a CONTRACTOR of DOH. MASS DOH reimbursement provided for local mass VACCINATION vaccination clinic(see definition below)planning, FEMA 100% implementation and operations in coordination between Funding Unified Command and the Regional Bff to administer (MI 934V0200) the vaccine as efficiently,quickly,equitably,and safely in all regions of Washington State. State Supported, (See Program Regionally Coordinated,Locally Implemented. Specific Requirements for Definition:Mass vaccination clinics defined as those Mass Vaccination outside of the usual healthcare delivery.method such as Task 4 below) pop-up clinics,mobile clinics,non-clinical facility (fairgrounds,arenas,etc.). Leaders Intent about this work from DOH is included as an attachment. Guidance on vaccination protocols must be followed as provided by DOH and CDC. Exhibit A,Statements of Work Page 10 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Task/Activity/Description Standards/Measures Amount 4.A Local health jurisdiction(LHJ)will coordinate planning and Submit to DOH a mass Within 30 days of implementation of mass vaccination clinics/sites provided vaccination plan contract amendment within the county(s)with a regional incident management including: execution. team/organization as approved by DOH. • type of site, • site locations, Request for regional IMT should be submitted through the a throughput, normal process through WebEOC. • considerations made to ensure Local health jurisdiction is the coordinating agency for the equity to mass vaccination plan within the county. historically marginalized Regional IMT will be under the delegation authority of populations, DOH and they are to provide support and coordination for . and to the extent all efforts around vaccine planning,resource support and possible a general guidance and information sharing in order to regional map of regionally coordinate efforts. Local jurisdictions will sites/locations. maintain all decisional authority around vaccination planning and execution within their jurisdiction/district. Provide any information as requested by the regional IMT. 43 Funding for eligible Mass Vaccination activities are Submit estimated budget Within 30 days of reimbursed on actual costs as outlined in the DOH guidance for the mass vaccination contract amendment to provide the services and to carry out the mission.Funding plan. execution. will be dependent on full participation in the LHJ and IMT processes and all documentation will be required to be Monthly Cost Summary Monthly provided to fully close out funding requests by the end of Spreadsheet to the the mission period of performance. IMT/IMO by the fifth of the following month. Allowable costs include expenses such as facility rentals, staff to conduct planning,management,support and operation of the site,medical personnel for vaccinations,site security personnel,wrap around services for staff(meals, travel,lodging),equipment(which must be pre-approved by IMT/DOH if it exceeds$5,000 each),supplies for vaccinations and site operation.LHJs should provide narratives to help assist IMT and DOH finance know what expenditures were necessary to carry out the mission. Exhibit A,Statements of Work Page 11 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 4.C Vaccination data—will be maintained according to current Submission of vaccine Daily state and federal requirements. use into WA US database within 24hrs of use. Vaccine Registration Systems—If a local jurisdiction or Jurisdiction/Regions will region does not have a registration system(s)the include ensure a fair and equitable internet based,phone option and other methods to ensure process for registration of equitable registration,the state PrepMod system and tools eligible Washingtonians will be available for use. across all available modalities. 4.D Regularly report on vaccinations sites and operational Pr�vide monthly situation Monthly activities(number of vaccinations,personnel to operate the report to IMT/IMO on site,challenges,successes to share for learning across the status of implementation public health system). of mass vaccination plan, or more frequently if that is the LHJ procedure. Sites operating for the time period,vaccines administered by site for the time period,estimated costs for the time period, any challenges/successes of note,including assistance requested. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: htto://www.phaboard org/wp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Special Requirements Federal Funding Accountability and Transnarency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending,gov by DOH as required by P.L. 109-282. Exhibit A,Statements of Work Page 12 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Program Specific Reguirements/Narrative BITV-COVID ED LHJ ALLOCATION-CARES DCHS COVID-19 Response-Tasks 1 and 2 FFY19 ELC COVID ED LHJ ALLOCATION FFY20 ELC EDE LHJ ALLOCATION FFY21 COVID 19 VACCINE SERVICES-CARES COVED-19 Vaccine Services-Task 3 COVID 19 VACCINES . Regional Incident Management Team(IMT)Mass Vaccination Clinics—Task MASS VACCINATION FEMA 100% 4 DCHS COVED-19 Response-Tasks 1 and 2 Restrictions on Funds: Indirects are NOT allowable for CARES funding from September 2,2020 forward—LHJ can charge administrative activities as direct costs but not incur indirects from September 2,2020 through December 38, 2929 31, 2021 for activities funded with CARES funds(COVID LOCAL CARES -COVID LHJ OFM ALLOCATION-CARES,BITV-COVID ED LHJ ALLOCATION-CARES,FEMA-75 COVID LHJ ALLOCATION) o Since the federal guidance was not updated until September 2,2020,DOH understands that indirects could be charged from March—August 2020. Payment: Upon approval of deliverables and receipt of an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of the budget will not be accepted or approved. Submission of Invoice Vouchers: The LHJ shall submit correct monthly Al9-1A invoice vouchers for amounts billable under this statement of work to DOH by the 25`h of the following month or on a frequency no less often than quarterly. COVID-19 Vaccine Services-Task 3—allowable activities htips•//www doh wa_szov/Portals/l/Documents/9240/AllowableUseFedOl2sFunds.12 Mass Vaccination—Task 4 Program Manual,Handbook,Policy References Emergency Response Plan(or equivalent) Medical Countermeasure/Mass Vaccination Plan Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.): Non-mass vaccination efforts are not allowable through this funding stream. Duplication of billing(sending request for reimbursement)to entities outside of this agreement is prohibited. Indirect rates are not applicable to these funds. Special References(RCWs,WACs,etc.) County Health Emergency Documentation if applicable Monitoring Visits(frequency,type): Occasional visits from DOH or IMT/IMO personnel for the purpose of monitoring and surveillance of mass vaccination activities may be expected. Definitions Mass vaccination clinic are those outside of the usual healthcare delivery methods such as pop-up clinics,mobile clinics,non-clinical facility clinics(i.e.,fairgrounds,arenas,etc.). Exhibit A, Statements of Work Page 13 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Special Billing Requirements: Monthly invoices must be submitted timely to the regional IMT/Organization for review/approval prior to submission to DOH for reimbursement. Contract(MD Code:934VO200 General Mass Vaccination BARS Revenue Code:333.97.03 Mass Vaccination Reimbursement Special Instructions: The LHJ is considered a CONTRACTOR of DOH not a subrecipient for this portion of the statement of work.An allocation of funds is not provided as these FEMA funds are only available as reimbursement of costs associated with implementation of the mass vaccination plan. Detailed documentation must be maintained as directed by the regional IMT/Organization and DOH to substantiate costs associated with these activities for submission to FEMA upon request by DOH. Eligible costs from the timeframe of January 21,2021 through July 20,2021December 31, 2021 include facility rentals,medical and support staff for planning,management, support,and operations;as well as wrap-around services for staff(i.e.,meals,travel,lodging).Regular and overtime pay associated with this project is allowable for all staff working under this project and must be billed as a direct charge;timesheets are required documentation and must be available upon request by DOH.Indirect rates are not applicable to these funds.Eligible equipment includes facility infection control measures,personal protective equipment(PPE),storage equipment,coolers,freezers,temperature monitoring devices,portable vaccine units for transportation,supplies such as emergency medical supplies(for emergency medical care needs that may arise in the administration of the vaccine),containers for medical waste,as well as proper storage as needed for canisters of liquid nitrogen or dry ice.Eligible equipment purchase costs should not exceed $5,000 per piece.Equipment over$5,000 a piece must be preapproved by the IMT and should be leased rather than purchased.Any diversion from the list of pre-approved expenses will require a narrative on the purchase rationale and will be subject to IMT approval prior to reimbursement.Timesheets are required documentation for all activities related to this project. Staff time-in/time-out must be recorded,as well as a brief description of their activities.A general description of activities is acceptable for those working at the vaccine site;more detailed/specific description is required for those not working at the vaccine site. DOH Program Contact Alyssa Lavin,LHJ Contract Manager DOH,PHOCIS 1610 NE 150s'St,Shoreline,WA 98155 aivssa.lavine.doh.wa.gov/360-236-3273 DOA BITV-COVED ED LHJ Allocation-CARES and DOH ELC Allocation Fiscal Contact(Tasks 1 and 2) Christie Durkin DOH,Office of Program Financial Management PO Box 47840,Olympia,WA 98504-7841 Ph: 360-236-4235/christie.durkin woh.wa.gov DOH COVID19 Vaccine Services Program Contacts(Task 3) Tawney Harper,MPA Sonja Morris,COVID-19 Operations Supervisor Deputy Director I Operations Manager Enhanced Influenza and COVID-19 Response Office of Immunization and Child Profile Office of Immunization and Child Profile Department of Health Department of Health PO Box 47843,Olympia WA 98504-7843 PO Box 47843,Olympia,WA 98504-7843 tawnev.harper(@doh.wa.gov/360-236-3525 sonja.morris@doh.wa.gov/360-236-3545 Exhibit A,Statements of Work Page 14 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 DOH General Mass Vaccination Program and Fiscal Contact(Task 4) Patrick Plumb Janice Baumgardt COVID FEMA Project Management Analyst Financial Operations Manager Washington State Department of Health Washington State Department of Health Office of Financial Services Office of Financial Services 111 Israel Road SE,Tuinwater,WA 98501 111 Israel Road SE,Tumwater,WA 98501 patrick_plumb(a)doh.wa.gov/(360)236-4291 janice.baumpardt@doli.wa.gov/(360)236-4505 Exhibit A,Statements of Work Page 15 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Emergency Preparedness&Response-PHEP- Local Health Jurisdiction Name: Mason County Public Health Effective July 1,2021 Contract Number: CLH18253 Funding Source Federal Compliance Type of Payment SOW Type: Original Revision#(for this SOW) ®Federal Subrecipient (check if applicable) ®Reimbursement ❑ State ®FFATA(Transparency Act) ❑Fixed Price Period of Performance: July 1,2021 through December 31,2021 ❑ Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to establish funding and tasks to support and sustain LHJ public health emergency preparedness as part of statewide public health emergency preparedness and response. Revision Purpose: NA NOTE: The current consolidated contract ends December 31,2021. Once a new contract is in place,January 1,2022,the program plans to submit a new statement of work through June 30,2022.Deliverable due dates after December 31,2021 are referenced for infonnational purposes only and will be updated in the January-June 2022 statement of work. This statement of work(ending 12/31/21)includes 60%of the total allocation of these funds.The January-June 2022 statement of work will reflect the remaining 40%. Once all invoices have been submitted and balances are reconciled for this statement of work(ending 12/31/21),any remaining funds will be added to a revised January-June 2022 statement of work. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change otal Revenue Index (LHJ Use Only) Consideration onsideration Increase(+) Code Code Start Date End Date FFY21 PHEP BP3 LHJ Funding93.069 333.93.06 31102380 07/01/21 12/31/21 0 29,605 29,605 0 29,605 29,605 TOTALS Payment n Task *May Support PHAB Due Date/Time Information and/or Task/Activity/Descriptio Deliverables/Outcomes Frame Number Standards/Measures Amount Mid-year report on template December 31,2021 Reimbursement for 1 Across Domains and Capabilities provided by DOH. actual costs not to exceed total funding Complete reporting templates as requested by End-of--year report on template June 30,2022 consideration amount. DOH to comply with program and federal grant requirements,including mid-year and end-of-year provided by DOH. reports. Additional reporting may be required if federal requirements change. Exhibit A, Statements of Work Page 16 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Due Date/Time Payment Task *May Support PHAB Deliverables/Outcomes Information and/or Number Task/Activity/Description Frame Standards/Measures Amount 2 Across Domains and Capabilities Submit information by August 1, August 1,2021 2021 and any changes within 30 2.1 Submit names,position titles,email addresses days of the change. and phone numbers of key LHJ staff responsible for this statement of work,including management, Mid-year report on template December 31,2021 Emergency Response Coordinator, and accounting provided by DOH.Note any and/or financial staff. changes or no change. 2.2 Submit emergency contacts to be published in End-of-year report on template June 30,2022 the confidential Yellow Book,including but not provided by DOH.Note any limited to Administrator,Health Officer,and changes or no change. Emergency Response Coordinator.For each contact include name,role,email,daytime phone number and after hours phone number. 3 Across Domains and Capabilities DOH will maintain documentation Upon request from of site visit participation. DOH. Participate in a site visit with DOH staff to discuss LHJ response capabilities,upon request from DOH. Site visit may be held virtually due to pandemic restrictions. 4 Across Domains and Capabilities Budget,using template provided Upon request from by DOH. DOH. Develop a budget demonstrating how the LHJ plans to spend funds during this period of performance,using a budget template provided by DOH. Note:20%of the LHJ's annual allocation will be withheld until this requirement is met.Failure to meet this requirement may result in DOH redirecting funds from the LHJ. 5 Across Domains and Capabilities Mid-year report on template December 31,2021 provided by DOH. Review and provide input to DOH on public health emergency preparedness plans developed by DOH, End report on template June 30,2022 upon request from DOH. provided d b by y DOH. Input provided to DOH upon request from DOH. Exhibit A, Statements of Work Page 17 of 43 Contract Number CLH 18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task *May Support PHAB Due Date/Time Information and/or Task/Activity/Description Frame Deliverables/Outcomes Fme Number Standards/Measures Mid-year report on template December 31,2021 Amount 6 Domain 1 Community Resilience Capability 1 Community Preparedness provided by DOH. Participate in emergency preparedness events(for End-of-year report on template June 30,2022 example,trainings,meetings,conference calls,and provided by DOH. conferences)to advance LHJ,regional,or statewide public health preparedness. Documentation of training available upon request. 7 Across Domains and Capabilities Mid-year report on template December 31,2021 provided by DOH.Note training DOH/EPR anticipates many changes in the next and briefly describe key learning months to years as we incorporate lessons learned and any resulting changes in from the COVID-19 response.In preparation for practice and/or policy. these changes,the LHJ may use PHEP funding to participate in training and/or learning discussions End-of--year report on template June 30,2022 in the following areas: provided by DOH.Note training • Adaptive Leadership and briefly describe key learning and any resulting changes in Change Management • practice and/or policy. Trauma-Informed Change Management • Outward Mindset • Growth Mindset • Racial Equity and/or Social Justice • Community Resilience • Related topics—prior approval from EPR required. Note:Prior approval from DOH/EPR is required for any out-of--state travel. Mid-year report on template December 31,2021 g Domain 1 Community Resilience Capability 1 Community Preparedness provided by DOH.Briefly Connect with new and/or existing partners in order describe connections,lessons to develop working relationships that promote learned,and any changes made. capabilities,capacity and community resilience, End-of--year report on template June 30,2022 including,but not limited to: • provided DOH.Briefly Local and/or Emergency Manager(s). Local and/or regional hospitals. describe connections,lessons • Local and/or regional elected officials. learned,and any changes made. • Local and/or regional organizations that work with vulnerable populations.(For RERCs,this may include some or all of Page 18 of 43 Contract Number CLH 18253-23 Exhibit A, Statements of Work Revised as of July 15,2021 AMENDMENT#23 Payment Task *May Support PAAB Due Date/Time Information and/or Task/Activity/Description Deliverables/Outcomes Frame Number Standards/Measures Amount the primary groups identified in Activity 6 —All Hazards Plan—Vulnerable Populations.) 9 Domain 2 Incident Management Mid-year report on template December 31,2021 Capability 3 Emergency Operations Coordination- provided by DOH. Training&Exercise End-of--year report on template June 30,2022 Based on availability of training,participate in at provided by DOH. least one Foundational Public Health Emergency Preparedness Training provided by region,DOH, DOH-contracted partner,or DOH-approved trainer in person or via webinar. Notes: • For some LHJs this training won't be available until the next Statement of Work period, January 1—June 30,2022.DOH will work with regions and LHJs to customize and schedule training(s). • This is one or more specific trainings coordinated by DOH.DOH will work with LHJ to implement. • Participation in an activation,exercise or real- world event may be considered additional training,but does not take the place of the requirement to participate in at least one training as described above. Mid-year report on template December 31,2021 10 Domain 2 Incident Management Capability 3 Emergency Operations Coordination- provided by DOH. Training&Exercise End-of--year report on template June 30,2022 10.1 Review LHJ public health preparedness and provided by DOH. response capabilities and identify gaps,priorities, and training needs. 10.2 Input into Regional Integrated 10.2 As requested by Preparedness Plan and Integrated RERCs. 10.2 Provide input to Regional Emergency Preparedness Planning Workshop Response Coordinators(RERCs)for Regional Guide provided to RERCs. Integrated Preparedness Plan and Integrated Preparedness Planning Workshop Guide. Notes: Page 19 of 43 Contract Number CLH18253-23 Exhibit A,Statements of Work Revised as of July 15,2021 AMENDMENT#23 *May Support ort PHAB Due Date/Time Payment Task Task/Activity/Description Deliverables/Outcomes Frame Information and/or Number Standards/Measures Amount • Integrated Preparedness Planning Workshop is planned for January 2022.LHJs will be required to participate in next statement of work. • LHJ may opt to develop,update and maintain a local Integrated Preparedness Plan.They still need to participate in regional process described above. 11 Domain 2 Incident Management Mid-year report on template December 31,2021 Capability 3 Emergency Operations Coordination provided by DOH.Indicate that this was done or that no response 11.1 Provide immediate notification to DOH Duty incident occurred. Officer at 360-888-0838 or hanalertna.doh.wa.gov for all response incidents involving use of End-of-year report on template June 30,2022 emergency response plans and/or incident provided by DOH.Indicate that command structures. this was done or that no response incident occurred. 11.2 Produce and provide situation reports(sitreps) documenting LHJ activity during all incidents. 11.1 Notification to DOH Duty Sitrep may be developed by the LHJ or another Officer within 60 minutes of jurisdiction that includes input from LHJ. activation. 11.2 Sitreps submitted to DOH Duty Officer 12 Domain 2 Incident Management Mid-year report on template December 31,2021 Capability 3 Emergency Operations Coordination provided by DOH.Briefly describe key lessons learned and Complete or participate in After Action Reports changes made and/or planned—or (AARs)after each incident or exercise. note that no AARs were completed. Submit AAR(s). Note:An AAR may be completed part-way through an extended response,for example, End-of-year report on template June 30,2022 COVID-19. provided by DOH.Briefly describe key lessons learned and changes made and/or planned—or note that no AARs were completed. Submit AAR(s). 13 Domain 2 Incident Management Mid-year report on template December 31,2021 Capability 3 Emergency Operations Coordination provided by DOH.Briefly describe key lessons learned and changes made and/or planned—or Exhibit A, Statements of Work Page 20 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount Convene a county Emergency Support Function note that no AARs were (ESF)8 AAR for COVID-19.Participants include, completed.Submit AAR(s). but not limited to: • Local Health Officer End-of-year report on template June 30,2022 • Public Health Official(s) provided by DOH.Briefly • Emergency Manager describe key lessons learned and • Regional Health Care Coalition changes made and/or planned—or • Local and regional hospitals note that no AARs were • Federally Qualified Health Center(s)if completed.Submit AAR(s). they are in your county • Accountable Community of Health Notes: • Follow Homeland Security Exercise and Evaluation Program(HSEEP)guidelines for process and documentation. • Include name,title,and organization of each participant in documentation(AAR). • Outreach may need to be conducted to gather input from entities not able to participate in an AAR meeting. • This may be completed part-way through the COVID-19 response • This AAR may be used to meet the requirement above as well(Task#12). 14 Domain 3 Information Management Mid-year report on template December 31,2021 Capability 4 Emergency Public Information and provided by DOH. Warning-Communication End-of-year report on template June 30, 2022 14.1 Participate in Monthly Public Health provided by DOH. Communicator Call/Webinar by joining call/webinar and/or following information on the public health communicator online collaborative 14.3 and 14.4 Hotwash or After workspace(e.g.Basecamp). Action Review(AAR)OR 14.2 Participate in at least one risk communication summary of communication drill offered by DOH between July 1,2021 and activities and one sample. June 30,2022.Drill will occur via webinar,phone and email.DOH will offer one in July 1 — December 31,2021 and one drill between January 1—June 30,2022. Exhibit A,Statements of Work Page 21 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount 14.3 Conduct a hot wash evaluating LHJ participation in the drill. 14.4 Identifying and implementing communication strategies in real world incident will satisfy need to participate in drill.Conduct a hot wash or After Action Review(AAR)evaluating LHJ participation in communication strategies during the incident. If,the real-world event response is ongoing,LHJ may opt to conduct a hot wash or AAR evaluating communication strategies to date OR include a summary of communication activities in mid-year and/or end-of year reports and one sample of communication. Note:Participation in a real world event may meet the requirement for 14.2, 14.3 and 14.4. 15 Domain 3 Information Management Mid-year report on template December 31,2021 Capability 6 Information Sharing provided by DOH. 15.1 Maintain Washington Secure Electronic End-of-year report on template June 30,2022 Communications,Urgent Response and Exchange provided by DOH. System(WASECURES)as primary notification system. 15.2 Participate in DOH-led notification drills. 15.3 Conduct at least one LHJ drill using LHJ- preferred staff notification system. Notes: • Registered users must log in quarterly at a minimum. • DOH will provide technical assistance to LHJs on using WASECURES. • LHJ may choose to use another notification system in addition to WASECURES to alert staff during incidents. • 15.3 doesn't need to be completed until June 30 2022.LHJs may begin work in this Exhibit A,Statements of Work Page 22 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount Statement of Work period or may opt to do all the work in the next Statement of Work period. 16 Domain 3 Information Management Provide EEIs upon request. Upon request. Capability 6 Information Sharing Note in the mid-year and end-of- December 31,2021 Provide Essential Elements of Information(EEIs) year reports that EEIs were during incident response upon request from DOH. provided or none were requested. June 30,2022 Note:DOH will request specific data elements from the LHJ during an incident response,as needed to inform decision making by DOH and state leaders,as well as federal partners when requested. 17 Domain 4 Countermeasures and Mitigation Report progress and/or plans in December 31,2021 Capability 8 Medical Countermeasures Dispensing mid-year report on template Capability 9 Medical Countermeasures provided by DOH. Management and Distribution End-of-year report on template June 30,2022 Update and maintain Medical Countermeasure provided by DOH. (MCM)Plans for LHJ and/or Region. If_there is a regional plan,provide Notes: input to the RERC. • MCM plans include number of local distribution sites and number for which a Updated MCM plans will be due detailed point-to-point distribution plan from June 30,2022. RSS to distribution site has been jointly confirmed by LHJ and DOH. • MCM plans include number of local points of dispensing(PODs)and number for which a detailed point-to-point distribution plan from local distribution site to dispensing site has been jointly confirmed by LHJ and POD operator (nursing home,local agency,public POD,and independent pharmacy). • LHJs are not required to maintain a hub.LHJs may partner with other organizations to centralize distribution.If LHJs opt to maintain a hub,this should be included in the MCM plan. • DOH will provide technical assistance to LHJs on core elements of an MCM plan. Exhibit A,Statements of Work Page 23 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount 18 Domain 5 Surge Management Mid-year report on template December 31,2021 Capability 10 Medical Surge provided by DOH. Engagement with regional Health Care Coalition End-of-year report on template June 30,2022 (HCC) provided by DOH. Participate in: - Health Care Coalition(HCC)district meetings and/or inform RERC of jurisdictional input (district meetings can be attended via webinar or in person),as requested by HCC Lead and deemed appropriate by LHJ. - Information sharing process during incidents and at least one planning process or exercise conducted to inform on the roles and responsibilities of public health. - Development of Disaster Clinical Advisory Committee(DCAC)meetings as appropriate. May include identifying local clinical participants,attending meetings via webinar and reviewing planning efforts. - Reviewing HCC plans for alignment with local ESF8 plans. Note:This task doesn't need to be completed until June 30,2022.LHJs may begin work in this Statement of Work period or may opt to do all the work in the next Statement of Work period. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB) Standards/Measures that may apply can be found at: littp://www.phaboard.ore/wp-content/uploads/PHAB-Standards-and-Measures-Version-].O.pdf Proeram Specific Reg uirements/Narrative Any subcontracts must be approved by DOH prior to executing the contracts. Deliverables are to be submitted to the ConCon deliverables mailbox at concondeliverables(a)doh.wa.eov.unless otherwise specified. Exhibit A,Statements of Work Page 24 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Special Requirements Federal Funding Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS(V)number. Information about the LHJ and this statement of work will be made available on USApendine.eov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc) Please reference the Code of Federal Regulations: littps•//www ecfr gov/cgi bin/retrieveECFR?ap-1&SID=58ffddb5363a27f26e9di2ccec462549&ty=HTML&h=L&mc=true&r=PART&n=pt2.1.200#se2.1.200 1439 DOH Program Contact Tory Henderson,Contracts and Finance Specialist Emergency Preparedness and Response Department of Health P O Box 47960,Olympia,WA 98504-7960 Mobile 360-789-7262 tory.henderson a doh.wa.gov Exhibit A, Statements of Work Page 25 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Foundational Public Health Services Local Health Jurisdiction Name: Mason County Public Health (FPHS)-Effective hft 1.2021 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance �e of Payment ❑Federal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2021 through December 31,2021 ® State 0 FFATA(Transparency Act) ®Periodic ❑Other Distribution ❑Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to specify how state funds for Foundational Public Health Services(FPHS)will be used for the period of performance. Per RCW 43.70.512,these funds are for the governmental public health system to deliver FPHS services statewide in the most effective,efficient and equitable manner possible with the funds available, The FPHS Steering Committee with input from FPHS Subject Matter Expert(SME)Workgroups and the Tribal Technical Workgroup is the decision making body for FPHS funds. For the 2021—2023 biennium,the Steering Committee is using an iterative approach to decision making. Determining investments first for SFY22(July 1,2021— June 30,2022),then for SFY23(July 1,2022—June 30,2023). That means that additional tasks and/or funds may be added to an LHJ's FPHS SOW as these decisions are made. These funds are to be used as directed and allocated by the FPHS Steering Committee. As the global COVID-19 pandemic and the public health response to it continues and begins to abate,these FPHS funds can be used to supplement other short-term pandemic response funding as needed during this period of performance(07/01/21-12/31/21). Responding to pandemics,epidemics and public health emergencies are foundational services of the governmental public health system. Note: The total biennial funding allocation is for the period of July 1,2021 through June 30,2023. 2021-2023 biennial funding allocations will be divided into four six- month lump sum amounts that will be disbursed at the beginning of each six month period as follows: July 1,2021;January 1,2022;July 1,2022;January 1,2023. The disbursement of funds scheduled for January 1,2022,July 1,2022 and January 1,2023 and deliverable due dates after December 31,2021 are included in this statement of work for informational purposes only and will be carried forward into a new statement of work in the new consolidated contract term beginning January 1, 2022. FPHS funds must be spent in the state fiscal year(SFY)in which they are disbursed: SFY22 07/01/21-06/30/22 and SFY23 07/01/22-06/30/23.Unspent funds must be returned to DOH by July 151 of each year. 2021-2023 Biennial Allocation: $405,782 SFY22 Allocation: $202,891 SFY23 Allocation: $202,891 Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FPHS-LHJ-PROVISO 1 -REINFORCING CAPACITY N/A 336.04.25 99202111 07/01/21 12/31/21 0 100,000 100,000 FPHS-LHJ-PROVISO 1 -HEPATITIS C N/A 336.04.25 99202111 07/01/21 12/31/21 0 102,891 102,891 TOTALS 0 202,891 202,891 Exhibit A,Statements of Work Page 26 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task Due Payment Information and/or Number Task/Activity/Description Deliverables/Outcomes Date/Time Amount Frame 0 FOUNDATIONAL PUBLIC HEALTH FUNDING—ALL Increased delivery of FPHS services Funds are available beginning July 1, in each jurisdiction and statewide as 2021. Half of the annual allocation measured via FPHS annual reporting will be disbursed each July upon from all agencies receiving FPHS receipt of the Annual Report for the funds,metrics and other data previous year and the second half compiled and analyzed by DOH and will be disbursed each January. Subject Matter Expert(SME) Workgroups. All of which is Note: Funds must be spent in the included as part of the annual FPHS state fiscal year(SFY)in which Investment Report. they are disbursed.Unspent funds must be returned to DOH by FPHS annual reporting(template By 08/15/22 July 15'of each year. provided by DOH)for SFY22 (07/0 1/21—06/30/22) FPHS annual reporting(template By 08/15/23 provided by DOH)for SFY23 (07/01/22—06/30/23) 1 FPHS—REINFORCING CAPACITY SFY22 Allocation: $100,000 Funds to deliver FPHS in each jurisdiction. These funds are for SFY23 Allocation: $100,000 delivering ANY,or ALL,of the FPHS communicable disease, 21-23 Biennial Allocation: $200,000 environmental public health or assessment service and can also be used for any of the other FPHS capabilities that support these FPHS as defined in the most current version of FPHS Definitions. 2 FPHS—HEPATITIS C The priorities for SFY21 SFY22 Allocation: $102,891 Address Hepatitis C cases in the jurisdiction per guidance developed (July 2020—June 2021)are: SFY23 Allocation: $102,891 by the statewide FPHS Communicable Disease Workgroup, • Surveillance—entering labs into 21-23 Biennial Allocation: $205,782 including,but not limited to: shared priorities,standardized Washington Disease Reporting surveillance,minimum standards of practice,common metrics and System(WDRS),enter acute Recommended BARS Expenditure staffing models. The allocation of these funds is based on burden of cases into WDRS. Code:562.24 disease using the most current Hepatitis C data.Allocations will be . Investigation—focus on acute revised biennially using updated data cases: people aged 35 or younger,newly diagnosed, pregnant women,people seen in the ED/inpatient,Black, Indigenous and People of Color or other historically marginalized population and incorporate Hepatitis B work Exhibit A,Statements of Work Page 27 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Tasks/Activities/Description Impact Measures Control of Communicable Disease and Other Notifiable Conditions Percent of toddlers and school age children that have 1. Provide timely,statewide,locally relevant and accurate information statewide and to communities on completed the standard series of recommended vaccinations. prevention and control of communicable disease and other notifiable conditions. Percent of new positive Hepatitis C lab reports that are 2. Identify statewide and local community assets for the control of communicable diseases and other received electronically which have a completed case report. notifiable conditions,develop and implement a prioritized control plan addressing communicable diseases and other notifiable conditions and seek resources and advocate for high priority prevention and Percent of new positive Hepatitis C case reports with control policies and initiatives regarding communicable diseases and other notifiable conditions. completed investigations. 3. Promote immunization through evidence-based strategies and collaboration with schools,health care providers and other community partners to increase immunization rates. Percent of Gonorrhea cases investigated. 4. Ensure disease surveillance,investigation and control for communicable disease and notifiable conditions in accordance with local,state and federal mandates and guidelines. Percent of Gonorrhea cases investigated that are receiving dual 5. Ensure availability of public health laboratory services for disease investigations and response,and treatment(treatment for both Gonorrhea and Chlamydia at the reference and confirmatory testing related to communicable diseases and notifiable conditions. same time) 6. When Additional Important Services(AIS)are delivered regarding prevention and control of communicable disease and other notifiable conditions,ensure that they are well coordinated with Percent of newly diagnosed syphilis cases that receive partner foundational services. services interview. Environmental Public Health TBD 1. Provide timely,state and locally relevant and accurate information statewide and to communities on environmental public health issues and health impacts from common environmental or toxic exposures. 2. Identify statewide and local community environmental public health assets and partners and develop and implement a prioritized prevention plan to protect the public's health by preventing and reducing exposures to health hazards in the environment,seek resources and advocate for high priority policy initiatives. 3. Conduct environmental public health investigations,inspections,sampling,laboratory analysis and oversight to protect food,recreational water,drinking water and liquid waste and solid waste systems in accordance with local,state and federal laws and regulations. 4. Identify and address priority notifiable zoonotic conditions(e.g.those transmitted by birds,insects, rodents,etc.),air-borne conditions and other public health threats related to environmental hazards. 5. Protect the population from unnecessary radiation exposure in accordance with local,state and federal laws and regulations. 6. Participate in broad land use planning and sustainable development to encourage decisions that promote positive public health outcomes 7. When Additional Important Services(AIS)are delivered regarding environmental public health,assure that they are well coordinated with foundational services. Assessment(Surveillance and Epidemiology) TBD 1. Ability to collect sufficient,statewide and community level data and develop and maintain electronic information systems to guide public health planning and decision making at the state,regional and local level. 2. AhjUbLLo access analyze,use and interpret data. Exhibit A,Statements of Work Page 28 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Tasks/Activities/Description Impact Measures 3. Ability to conduct a comprehensive community or statewide health assessment and identify health priorities arising from that assessment,including analysis of health disparities and the social determinants of health. Emergency Preparedness(All hazards). TBD 1. Ability to develop emergency response plans for natural and man-made public health hazards;train public health staff for emergency response roles and routinely exercise response plans. 2. Ability to lead the Emergency Support Function 8—Public Health&Medical and/or a public health response for the county,region,jurisdiction and state. 3. Ability to activate and mobilize public health personnel and response teams;request and deploy resources; coordinate with public sector,private sector and non-profit response partners and manage public health and medical emergencies utilizing the incident command system. 4. Ability to communicate with diverse communities across different media,with emphasis on populations that are disproportionately challenged during disasters,to promote resilience in advance of disasters and protect public health during and following disasters. Communication. 1. Ability to engage and maintain ongoing relations with local and statewide media. 2. Ability to develop and implement a communication strategy,in accordance with Public Health Accreditation Standards,to increase visibility of public health issues.This includes the ability to provide information on health risks,healthy behaviors,and disease prevention in culturally and linguistically appropriate formats for the various communities served. Policy Development and Support 1. Ability to develop basic public health policy recommendations.These policies must be evidence-based, or,if innovative/promising,must include evaluation plans. 2. Ability to work with partners and policy makers to enact policies that are evidence-based(or are innovative or promising and include evaluation plans)and that address the social determinants of health and health equity. 3. Ability to utilize cost-benefit information to develop an efficient and cost-effective action plan to respond to the priorities identified in a community and/or statewide health assessment. Community Partnership Development 1. Ability to create and maintain relationships with diverse partners,including health-related national, statewide and community-based organizations;community groups or organizations representing populations experiencing health inequity;private businesses and health care organizations;Tribal Nations, and local,state and federal government agencies and leaders. 2. Ability to select and articulate governmental public health roles in programmatic and policy activities and coordinate with these partners. Business Competencies—Leadership Capabilities;Accountability and Quality Assurance Capabilities;Quality TBD Improvement Information;Technology Capabilities;Human Resources Capabilities;Fiscal Management, Contract and Procurement Capabilities;Facilities and Operations;Legal Capabilities. Exhibit A, Statements of Work Page 29 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Program Specific Repuirements/Narrative Special References(RCWs,WACs,etc) Link to RCW 43.70.512—RCW 43 70 512•Public health system—Foundational public health services—Intent.(wa.gov) Link to RCW 43.70.515—RCW 43 70 515•Foundational public health services—Funding.(wa.gov) FPHS Definitions hns://wsalpho.box.com/s/gb6sslOmxbraix0fla742lw6zcfxzohk All FPHS Resources www.doh.wa.gov/fphs or FPHS I Powered by Box Special Instructions There are two different BARS Revenue Codes for"state flexible funds"to be tracked separately and reported separately on your annual BARS report. These two BARS Revenue Codes and definitions from the State Auditor's Office(SAO's)are listed below along with a link to the BARS Manual. 336.04.25 is the new BARS Revenue Code to use for the Foundational Public Health Services(FPHS)funds included in this statement of work. 336.04.24—County Public Health Assistance Use this account for the state distribution authorized by the 2013 2ESSB 5034,section 710.The local health jurisdictions are required to provide reports regarding expenditures to the legislature from this revenue source. 336.04.25—Foundational Public Health Services Use this account for the funding designated for the local health jurisdictions to provide a set of core services that government is responsible for in all communities in the WA state. This set of core services provides the foundation to support the work of the broader public health system and community partners.At this time the funding from this account is for delivering ANY or all of the FPHS communicable disease services(listed above)and can also be used for the FPHS capabilities that support FPHS communicable disease services as defined in the most current version of FPHS Definitions. Public Health Budgeting,Accounting and Reporting System(BARS)Resources www.doh.wa.gov/lhifundine Deliverables are to be submitted to Marie Flake at marie.flakendoh.wa.Eov DOH Program Contact Marie Flake,Special Projects,Foundational Public Health Services Washington State Department of Health PO Box 47890,Olympia,WA 98504-7890 Mobile Phone 360-951-7566 Fax 360.236.4024/marie.flake(i4doh.wa.gov Exhibit A,Statements of Work Page 30 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Injury&Violence Prevention Overdose Data to Local Health Jurisdiction Name: Mason County Public Health Action-Effective September 1.2021 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T e of Payment ®Federal Subrecipient (check if applicable) N Reimbursement Period of Performance: September 1,2021 through December 31,2021 ❑State ®FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: Mason County Public Health(MCPH)will support strategies 5,6,and 7.MCPH will collaborate and coordinate among public health partners to establish seamless linkages to care via"warm hand-offs"between the various entities.MCPH will use existing partnerships and systems to engage the community,including emergency medical services,emergency departments,jails,public safety,mental health and substance use treatment providers, diversion programs,courts,and syringe exchange. It will build both client and agency awareness of existing resources,enhance those resources,and deploy technology to facilitate successful care linkage and coordination. Note: The total funding consideration in this statement of work is for the period of September 1,2021 through August 31,2022. Deliverable due dates after December 31,2021 are for reference only. Unspent funds and deliverables due after December 31,2021 will be carried forward to a new statement of work in the new consolidated contract term beginning January 1,2022. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY21 OVERDOSE DATA TO ACTION PREV 93.136 333.93.13 77520271 09/01/21 1 12/31/21 0 50,000 50,000 TOTALS 0 50,000 50,000 Task Task/Activity/Description *May Support PHA me B Deliverables/Outcomes Due Date/TY Frame Payment Information Number Standards/Measures and/or Amount 1. Strategy 5:Collect and analyze opioid response Progress Report:Report data, Quarterly progress reports Monthly invoices for plan data.Conduct continuous quality improvement findings and analysis. to DOH for all tasks. actual cost on the opioid response plan and system.Data is Demonstrate how data informs reimbursement will be collected on all response activities in Mason Mason County linkages to Due Dates: submitted to DOH. County.This includes outreach events,trainings, care and opioid response plan September-November due naloxone distribution,overdoses,provider reports activities.Demonstrate how December 10,2021. Total of all invoices etc.This data is utilized to inform quality work aligns with Overdose will not exceed improvement for the community referral and Data to Action(OD2A)logic December-February due $50,000 through linkage system. model. March 10,2022. August 31,2022.A new consolidated Exhibit A,Statements of Work Page 31 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PRAB Payment Information Number Task/Activity/DescriptionStandards/Measures Deliverables/Outcomes Due Date/Time Frame and/or Amount 2. Strategy 6:Conduct continuous community Progress report:list training March-May due June 10, contract will begin education on opioid and other substance use risks dates,locations,attendance 2022. January 1,2022 with and treatment resources through group and and objective of trainings; funds left from this individual trainings,outreach activities at transit lessons learned and successes June-August final report contract. center,shelters,jail,syringe exchange,mobile with outreach,education and for this funding period outreach,Quick Response Team,to link individuals linkages to care.Are there due September 30,2022. (See Special Billing to care. procedures or policies that Requirements below.) MCPH has developed? Demonstrate how work aligns with OD2A logic model. 3. Strategy 7:Facilitate academic detailing Progress report:list opportunities for primary care providers on safe opportunities,#of trainings, opioid prescribing,overdose prevention and outcomes,changes in buprenorphine-based medication-assisted treatment prescribing and any new (MAT).Academic detailing will also include waivered prescribers as an education on hepatitis C virus(HCV)treatment or outcome of these other drug user health complications. opportunities. Demonstrate how work aligns with 0132A logic model. 4. Participate in quarterly calls with DOH and grant Collaboration with grant partners. Share lessons learned and successes.More partners and DOH to improve frequent one on one calls with DOH when needed. statewide efforts to address the opioid/all drug epidemic. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: hqp•//www phaboard or Lwp&ontent/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Special Requirements Federal Funding Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.) • Subrecipients may not use funds for research. • Subrecipients may not use funds for clinical care except as allowed by law. Exhibit A,Statements of Work Page 32 of 43 Contract Number CLH 18253-23 Revised as of July 15,2021 AMENDMENT#23 • Subrecipients may use funds only for reasonable program purposes,including personnel,travel,supplies,and services. • Generally,subrecipients may not use funds to purchase furniture or equipment. • No funds may be used for: o Publicity or propaganda purposes,for the preparation,distribution,or use of any material designed to support or defeat the enactment of legislation before any legislative body the salary or expenses of any grant or contract recipient,or agent acting for such recipient,related to any activity designed to influence the enactment of legislation,appropriations,regulation,administrative action,or Executive order proposed or pending before any legislative body. o In accordance with the United States Protecting Life in Global Health Assistance policy,all non-governmental organization(NGO)applicants acknowledge that foreign NGOs that receive funds provided through this award,either as a prime recipient or subrecipient,are strictly prohibited,regardless of the source of funds, from performing abortions as a method of family planning or engaging in any activity that promotes abortion as a method of family planning,or to provide financial support to any other foreign non-governmental organization that conducts such activities.See Additional Requirement(AR)35 for applicability (hgps://www.cdc.gov/grants/additional-requirements/ar-35.htm1). • Program funds cannot be used for purchasing naloxone,implementing or expanding drug"take back"programs or other drug disposal programs(e.g.drop boxes or disposal bags),or directly funding or expanding direct provision of substance abuse treatment programs.Such activities are outside the scope of this Notice of Funding Opportunity (NOFO). Monitoring Visits(frequency,type) DOH program staff may conduct site visits up to twice per funding year. Special Billing Requirements Billing on an A194A invoice voucher must be received by DOH monthly. Special Instructions The following funding statement must be used for media(publications,presentations,manuscripts,posters,etc.)created using OD2A funding: This publication(journal article,etc.)was supported by the Grant or Cooperative Agreement Number,NU17CE925007,funded by the Centers for Disease Control and Prevention. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention or the Department of Health and Human Services. DOH Program Contact DOH Program Contact DOH Fiscal Contact Rachel Meade Jennifer Alvisurez Tami Davidson Opioid Overdose Prevention Specialist Opioid Overdose Prevention Project Manager Contracts Coordinator Rachel.Meadena.doh.wa.gov Jennifer.Alvisurez a,doh.wa.gov Tami.Davidsonadoh.wa.gov 360-236-2846 360-236-2845 Exhibit A,Statements of Work Page 33 of 43 Contract Number CLHIS253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: Maternal&Child Health Block Grant- Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2018 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 6 Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) Reimbursement ® Period of Performance: JanuarX 1,2018 through December 31,2021 ❑ State FFATA(Transparency Act) El Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: The purpose of this revision is to provide additional funding,add activities and deliverable due dates,and extend the period of performance and funding from September 30,2021 to December 31,2021 for continuation of MCHBG-related activities. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY18 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120281 01/01/18 09/30/18 56,115 0 56,115 FFY19 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120291 10/01/18 09/30/19 67,694 0 67,694 FFY20 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120292 10/01/19 09/30/20 67,694 0 67,694 FFY21 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120293 01/20/20 09/30/21 67,694 0 67,694 FFY22 MCHBG LHJ CONTRACTS 93.994 333.93.99 78101221 10/01/21 12/31/21 0 16,924 16,924 TOTALS 259,197 16,924 276,121 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Maternal and Child Health Block Grant(MCHBG)Administration la Participate in calls,at a minimum of every Designated LHJ staff will participate September 30,2018 Reimbursement for quarter,with DOH contract manager.Dates and in contract management calls. September 30,2019 actual costs,not to time for calls are mutually agreed upon between September 30,2020 exceed total funding DOH and LHJ consideration. lb Report actual expenditures for October 1,2017 Submit actual expenditures using the May 26,2018 Action Plan and through March 31,2018 MCHBG Budget Workbook to DOH Progress Reports contract manager I must only reflect Exhibit A,Statements of Work Page 34 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task Task/Acdvity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount lc Develop 2018-2019 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 5,2018 activities paid for for October 1,2018 through September 30,2019 to DOH contract manager with funds provided using DOH provided template. in this statement of work for the specified funding Id Report actual expenditures for October 1,2018 Submit actual expenditures using the May 24,2019 period. through March 31,2019 MCHBG Budget Workbook to DOH contract manager. See Program Specific Requirements and le Develop 2019-2020 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 5,2019 Special Billing for October 1,2019 through September 30,2020 to DOH contract manager Requirements. using DOH provided template. 1f Report actual expenditures for October 1,2017 Submit actual expenditures using the November 30,2018 through September 30,2018 MCHBG Budget Workbook to DOH contract manager. lg Participate in DOH sponsored MCHBG fall Designated LHJ staff will attend September 30,2020 regional meeting. regional meeting. lh Report actual expenditures for October 1,2018 Submit actual expenditures using the December 6,2019 through September 30,2019 MCHBG Budget Workbook to DOH contract manager. I i Develop 2020-2021 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 6,2020 for October 1,2020 through September 30,2021 to DOH contract manager using DOH provided template. lj Report actual expenditures for the six month Submit actual expenditures using the May 22,2020 period from October 1,2019 through March 31, MCHBG Budget Workbook to DOH 2020 contract manager. Exhibit A,Statements of Work Page 35 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount 1k Report actual expenditures for October 1,2019 Submit actual expenditures using the December 4,2020 through September 30,2020 MCHBG Budget Workbook to DOH contract manager 11 Report actual expenditures for the six month Submit actual expenditures using the May 21,2021 period from October 1,2020 through March 31, MCHBG Budget Workbook to DOH 2021. contract manager. lm Develop 2021-2022 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 10,2021 for October 1,2021 through September 30,2022 to DOH contract manager using DOH provided template. In Report actual expenditures for October 1, 2020 Submit actual expenditures using the December 3, 2021 through September 30,2021 MCHBG Budget Workbook to DOH contract manager 10 Participate in DOH sponsored MCHBG fall Designated LHJ staff will attend December 31, 2021 regional meeting, either virtually or in person regional meeting. MCHBG Assessment and Evaluation 2a Participate in project evaluation activities Documentation using report September 30,2018 Reimbursement for developed and coordinated by DOH,as template provided by DOH September 30,2019 actual costs,not to requested. September 30,2020 exceed total funding September 30 2021 consideration. 2b Report program level strategy measure data Documentation using report January 15,2018 (CSHCN,UDS,ACEs). template provided by DOH April 15,2018 See Program July 15,2018 Specific October 15,2018 Requirements and 2c Conduct a Maternal and Child Health(MCH) Submit Needs Assessment May 24,2019 Special Billing Needs Assessment. documentation to DOH contract Requirements. manager using templates provided by DOH Exhibit A, Statements of Work Page 36 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information and/or Number Standards/Measures Amount 2d Explore health equity approaches to maternal and Include health equity plan in 2020- Draft August 16,2020 child health and develop implementation plan 2021 MCHBG Action Plan using Final September 6,2020 DOH-provided template. MCHBG Implementation 3a Develop 2018-2019 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 17,2018 Reimbursement for October 1,2018 through September 30,2019 DOH contract manager Final-September 5, actual costs,not to using DOH-provided template. 2018 exceed total funding 3b Report activities and outcomes of 2017-2018 Submit Action Plan monthly reports Monthly,on or before consideration. MCHBG Action Plan using DOH-provided to DOH contract manager the 15'of the following Action Plan and template. month Progress Reports 3c Develop 2019-2020 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 17,2019 must only reflect October 1,2019 through September 30,2020 DOH contract manager Final-September 5, activities paid for using DOH-provided template. 2019 with funds provided 3d Report activities and outcomes of 2018-2019 Submit Action Plan monthly reports Monthly,on or before in this statement of MCHBG Action Plan using DOH-provided to DOH contract manager the 15s'of the following work for the template. month specified funding 3e Develop 2020-2021 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 16,2020 period. October 1,2020 through September 30,2021 DOH contract manager Final September 6,2020 usingDOH-provided template. See Program 3f Report activities and outcomes of 2019-2020 Submit Action Plan monthly reports Monthly,on or before Specific MCHBG Action Plan using DOH-provided to DOH contract manager the 15'of the following Requirements and month Special Billing template. 3g Report activities and outcomes of 2020-21 Submit Action Plan reports to DOH October 15,2020 Requirements. MCHBG Action Plan using DOH-Provided contract manager January 15,2021 template. April 15,2021 July 15,2021 October 15, 2021 3h Develop 2021-2022 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 20,2021 October 1,2021 through September 30,2022 DOH contract manager Final September 10, using DOH-Provided template. 2021 3i Develop 2022 MCHBG Action Plan for Submit MCHBG Action Plan to Draft November 19, January 1, 2022 through September 30, 2022 DOH contract manager 2021 using DOH-provided template. Final-December 20, 2021 Exhibit A,Statements of Work Page 37 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Children and Youth with Special Health Care Needs(CYSHCN) 4a Complete Child Health Intake Form(CHIF) Submit CHIF data into Secure January 15,2018 Reimbursement for using the CHIF Automated System on all infants Access Washington website: April 15,2018 actual costs,not to and children served by the CYSHCN Program as https://secureaccess.wa.gov July 15,2018 exceed total funding referenced in CSHCN Program guidance.Ensure October 15,2018 consideration. client data is collected on all children served by January 15,2019 Action Plan and CYSHCN contractors,regional maxillofacial April 15,2019 Progress Reports coordinators,and the DOH Newborn Screening July 15,2019 must only reflect Program. October 15,2019 activities paid for January 15,2020 with funds provided April 15,2020 in this statement of July 15,2020 work for the October 15,2020 specified funding January 15,2021 period. April 15,2021 July 15,2021 See Program October 15, 2021 Specific 4b Identify unmet needs for CYSHCN on Medicaid, Submit completed Health Services 30 days after forms are Requirements and and refer to DOH CYSHCN Program for Authorization forms and Central completed. Special Billing approval to access Diagnostic and Treatment Treatment Fund requests directly to Requirements. funds to meet the need. I the CYSHCN Program as needed. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: httn://www.phaboard.org/yg-content/uploads/PHAB-Standards-and-Measures-Version-1 0 gdf Program Specific Reauirements/Narrative Special Requirements Federal Fundin¢Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending_gov by DOH as required by P.L. 109-282. Exhibit A,Statements of Work Page 38 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Program Manual,Handbook,Policy References Children and Youth with Special Health Care Needs Manual - htt s://www.doh.wa. ov/ForPublicHealthandHealthcareProviders/PublicHealthS stemResourcesandServices/Loca]HealthResourcesandTools/MaternalandChildHealthBlockGrant/ ChildrenandYouth WithSpecialHealthCareNeeds Health Services Authorization(HSA)Form htip•//www doh wa.v,ov/Portals/I/Documents/Pubs/910-002-ApprovedHSA.docx Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.) 1. At least 30%of federal Title V funds must be used for preventive and primary care services for children and at least 30%must be used services for children with special health care needs. [Social Security Law,Sec. 505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high risk pregnant women and infants,and other patient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of major medical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds,such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low income mothers or children;and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law, Sec.505 (1)(D)]. Monitoring Visits(frequency,type) Telephone calls with contract manager as needed. Special Billing Requirements Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable A19-IA invoice voucher. Payment to completely expend the"Total Consideration" for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted quarterly by the 30th of each month following the quarter in which the expenditures were incurred and must be based on actual allowable program costs. Billing for services on a monthly fraction of the"Total Consideration"will not be accepted or approved. Special Instructions Contact DOH contract manager below for approval of expenses not reflected in approved budget workbook. MCHBG funds may be expended on COVID-19 response activities that align with maternal and child health priorities.Examples may include: • Providing support in educating the MCH population about COVID-19 through partnerships with other local agencies,medical providers,and health care organizations. • Working closely with state and local emergency preparedness staff to assure that the needs of the MCH population are represented. • Funding infrastructure that supports the response to COVID-19.For example,Public Health Nurses who are routinely supported through the Title V program may be able to be mobilized,using Title V funds or separate emergency funding,to support a call center or deliver health services. Exhibit A, Statements of Work Page 39 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 • Partnering with parent networks and health care providers to provide accurate and reliable information to all families. • Engaging community leaders,including faith-based leaders,to educate community members about strategies for preventing illness Restrictions listed above continue to apply. DOH Program Contact Mary Dussol, Conununity Consultant Office of Family and Community Health Improvement Washington State Department of Health Street Address: 310 Israel Rd SE,Tumwater,WA 98501 Mailing Address:PO Box 47848,Olympia,WA 98504 Telephone: 360-236-3781 /Fax: 360-236-3646 Email: Mary.Dussol ZWoh.wa.gov Exhibit A,Statements of Work Page 40 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Exhibit A Statement of Work Contract Term: 2018-2021 DOH Program Name or Title: OSS IMP Implementation-Effective July 1,2019 Local Health Jurisdiction Name: Mason County Public Health Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 2 Funding Source Federal Compliance Type of Payment ❑Federal<Select One> (check if applicable) ®Reimbursement Period of Performance: July 1,2019 through December 31,2021 ® State ❑ FFATA(Transparency Act) El Fixed Price ❑ Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to fund implementation of the on-site sewage system(OSS)local manamgenet plan(LMP). Revision Purpose: The purpose of this revision is to extend the period of performance from June 30,2021 to December 31,2021 and add additional funding Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Wastewater Management-GFS N/A 334.04.93 26701100 07/01/19 06/30/20 30,000 0 30,000 Wastewater Management-GFS N/A 334.04.93 26701100 07/01/20 06/30/21 30,000 0 30,000 Wastewater Management-GFS N/A 334.04.93 26701100 01/01/21 06/30/21 30,000 0 30,000 Wastewater Management-GFS N/A 334.04.93 26701100 07/01/21 12/31/21 0 15,000 15,000 TOTALS 90,000 15,000 105,000 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information Number Standards/Measures and/or Amount 1 Administration Meet reporting requirements and Report Due Date: $7,50 LHJ will participate in all grant-related meetings attend DOH-sponsored meetings January 15,2020 $8,750 and conference calls sponsored by DOH. Final June 15,2020 report will be submitted including documents used December 31,2020 or produced for grant activities. June 15,2021 December 31, 2021 Task is ongoing throughout the project period. 2 On-Site Education Educational Presentations Attended by greater than 10,000 Report Due Date: 0 2A. Mason County Public Health(MCPH) staff people. January 15,2020 $43,750 will host a booth the first full weekend in October June 15,2020 for Oysterfest. December 31,2020 June 15,2021 2B.Modify and print maintenance manuals to be December 31, 2021 handed out to all news stem owners hand out at Exhibit A, Statements of Work Page 41 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Payment Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Frame Information Number Standards/Measures and/or Amount educational presentations and are available to Task is ongoing throughout professional providers to give to their customers. the project period. 3B.Twenty-five(25)$200 rebates for pumping or maintenance or$200 rebates for retro-fitting tanks with risers and/or effluent filter.Each resident would be able to qualify for two 2 rebates 3 Operation and Maintenance(O&M) Track contacts and increase in Report Due Date: Notification to Homeowners maintenance.Progress will be January 15,2020 $26,250 3A.Follow up on unsatisfactory maintenance reported on the report form. June 15,2020 reports and complaints(75 unsatisfactory reports December 31,2020 and 20 complaints per month). June 15,2021 December 31, 2021 Task is ongoing throughout the project period. 4 O&M Database Management Progress will be reported on the Report Due Date: $m-,00 4A.Continue truthing and creating record drawings report form. January 15,2020 $17,500 June 15,2020 4B.Maintenance of the O&M database. December 31,2020 June 15,2021 December 31, 2021 Task is ongoing throughout the project period. 5 Enhance GIS On-site Sewage Data Layer Mapping data as outlined in the Report Due Date: $7-40 LHJ will continue to develop and update on-site "Marine Recovery Area(MRA) January 15,2020 $8,750 sewage system(OSS)and O&M data to enhance OSS Data Reporting Requirement" June 15,2020 the Geographic Information Systems(GIS)OSS form. December 31,2020 Layer. Work will be done by GIS staff. June 15,2021 December 31, 2021 Task is ongoing throughout the project period. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: h!W://www phaboard or&Ln-content/uploads/PHAB-Standards-and-Measures-Version-1.0.pdf Exhibit A,Statements of Work Page 42 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 AMENDMENT#23 Prollram Specific Requirements/Narrative Restrictions on Funds(what funds can be used for which activities,not direct payments,etc) These funds can NOT be used for local match to federal grants. Special References(RCWs,WACs,etc) WAC 246-272A and RCW 70A.110 State funds from the Aquatic Lands Enhancement Account must be used to implement elements and activities of the local on-site sewage management plans that do not conflict with and are consistent with the goals, strategies,objectives,and actions of the Puget Sound Action Agenda. Definitions Failure: A condition of an on-site sewage system or component that threatens the public health by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and the public.Examples of failure include: (a)Sewage on the surface of the ground;(b)Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;(c)Sewage leaking from a sewage tank or collection system;(d)Cesspools or seepage pits where evidence of groundwater or surface water quality degradation exists; (e)Inadequately treated effluent contaminating ground water or surface water;or(f)Noncompliance with standards stipulated on the permit. Maintenance and Monitoring: The actions necessary to keep the on-site sewage system components functioning as designed.Periodic or continuous checking of an on-site sewage system,which is performed by observations and measurements,to determine if the system is functioning as intended and if system maintenance is needed.Monitoring also includes maintaining accurate records that document monitoring activities. Special Billing Requirements Billing Information 1. Billings are submitted on an A19-lA form,which is provided by DOH. 2. A19-IA forms maybe submitted monthly and must be submitted bi-monthly at minimum. Special Instructions Semiannual progress reports,including marine recovery area(MRA)mapping data,are due to DOH via email jeremy.simmons(iWoh.wa.g_ov and taylonwarren agdoh.wa.gov. Progress Report Due Dates: January 15,2020,June 15,2020,-December 31,2020,-ate June 15,2021 and December 31, 2021. The report format will be provided by DOH and may be modified throughout the contract period via email announcement. DOH Program Contact:Jeiwn3 Simmem,Roger Parker Office of Environmental Health and Safety,PO Box 47824,Olympia WA 98504-7824;360-236-3-346-3379; roger parker(o doh wa gov DOH Fiscal Contact: Taylor Warren,Office of Financial Services,PO Box 47820,Olympia WA 98504-7820,360-236-3348,taylonwarrenna.doh.wa.gov Exhibit A, Statements of Work Page 43 of 43 Contract Number CLH18253-23 Revised as of July 15,2021 EXHIBIT B-23 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2021 Date: July 15,2021 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total BITV-CO+A10:L29VID Ed LHJ Allocation-CARES NGA Not Received Amd 19,22 21.019 333.21.01 07/01/20 12/31/21 07/01/20 12/31/21 $263,754 $351,672 $351,672 BITV-COVID Ed LHJ Allocation-CARES NGA Not Received Amd 17,19,22 21.019 333.21.01 07/01/20 12/31/21 07/01/20 12/31/21 $87,918 COVID LHJ OFM Allocation-CARES NGA Not Received Amd 17,19,22 21.019 333.21.01 03/01/20 12/31/21 03/01/20 12/31/21 $1,389,600 $1,389,600 $1,389,600 SS Community Outreach PN NGA Not Received Amd 18,21 21.019 333.21.01 07/01/20 06/3021 07/01/20 06/30/21 $20,000 $20,000 $20,000 NEP 5-6 Onsite Sewage Management OOJ88801 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $10,904 $85,330 $85,330 NEP 5-6 Onsite Sewage Management OOJ88801 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 10/O1/14 08/31/19 $74,426 PS SSI 1-5 OSS Task 4 OIJ18001 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 ($13,337) $86,541 $86,541 PS SSI 1-5 OSS Task 4 OIJ18001 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 $99,878 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 Amd 2 93.069 333.93.06 01/01/18 06/30/18 07/O1/17 07/02/18 $9,062 $28,979 $28,979 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 N/A 93.069 333.93.06 01/01/18 06/30/18 07/O1/17 07/02/18 $19,917 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Aind 5 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $888 $49,341 $49,341 FFY18 EPR PHEP BPI Stipp LHJ Funding NU90TP921889-01 Amd 4 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $48,453 FFY21 PHEP BP2 LHJ Funding NU90TP922043 Amd 23 93.069 333.93.06 07/01/21 12/31/21 07/01/21 06/30/22 $29,605 $29,605 $128,289 FFY20 PHEP BP2 LHJ Funding NU90TP922043 Amd 18 93.069 333.93.06 07/0120 06/30/21 07/0120 06/3021 $19,737 $49,342 FFY20 PHEP BP2 LHJ Funding NTJ90TP922043 Amd 17,18 93.069 333.93.06 07/01/20 06/3021 07/0120 06/30/21 $29,605 FFY19 PHEP BPI LHJ Funding NU90TP922043 Amd 10 93.069 333.93.06 07/01/19 06/30/20 07/O1/19 06/30/20 $49,342 $49,342 FFY21 Overdose Data to Action Prev NGA Not Received Amd 23 93.136 333.93.13 09/01/21 12/31/21 09/01/21 08/31/22 $50,000 $50,000 $150,000 FFY20 Overdose Data to Action Prev NU17CE925007 Amd 17,19 93.136 333.93.13 09/01/20 08/31/21 09/0120 08/31/21 $50,000 $50,000 FFY19 Overdose Data to Action Prev NU17CE925007 Amd 11 93.136 333.93.13 09/01/19 08/3120 09/01/19 08/31/20 $50,000 $50,000 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 8 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $35,000 $110,000 $173,027 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 4 93.136 333.93.13 09/01/18 08/31/19 09/O1/18 08/31/19 $75,000 FFY17 Prescription Drug OD-Supp U17CE002734 Aired 2 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $29,627 $63,027 FFY17 Prescription Drug OD-Supp U17CE002734 N/A 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $33,400 FFY17 Increasing Immunization Rates NH231P000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $5,600 $5,600 $5,600 FFY22 PPHF Ops NGA Not Received Amd 22 93.268 333.93.26 07/01/21 12/31/21 07/01/21 12/3121 $500 $500 $2,000 FFY21 PPHF Ops NH231P922619 Amd 18 93.268 333.93.26 07/01/20 06/30/21 07/01/20 06/30/21 $250 $500 FFY21 PPHF Ops NH23IP922619 Amd 16,18 93.268 333.93.26 07/01/20 06/3021 07/0120 0613021 $250 FFY20 PPHF Ops NH23IP922619 Aired 9 93.268 333.93.26 07/01/19 06/3020 07/01/19 06/30/20 $500 $500 FFY17 PPHF Ops NH23IP000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $500 $500 FFY17 317 Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $1,423 $1,423 $1,423 Page 1 of 4 EXHIBIT B-23 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2021 Date: July 15,2021 Indirect Rate as of January 2018:13.71 Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total FFY17 AFIX SNH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $4,293 $4,293 $4,293 FFY21 COVID 19 Vaccine Services-CARES NH231P922619 Amd 22 93.268 333.93.26 07/01/20 12/31/21 07/01/20 12/31/21 ($354,803) $14,582 $14,592 FFY21 COVID 19 Vaccine Services-CARES NH23IP922619 Amd 20 93.268 333.93.26 07/01/20 12/31/21 07/01/20 12/31/21 $354,803 FFY21 COVID19 Vaccine Services-CARES NH23IP922619 Amd 19,20 93.268 333.93.26 07/01/20 12/31/21 07/01/20 12/31/21 $14,582 COVID 19 Vaccines NGA Not Received Amd22 93.268 333.93.26 07/01/20 12/31/21 07/01/20 12/31/21 $354,803 $354,803 $354,803 FFY21 VFC Ops NH23IP922619 Amd 16 93.268 333.93.26 07/01/20 12/31/20 07/01/20 06/30/21 $2,800 $2,800 $10,628 FFY20 VFC Ops NH23IP922619 Amd 9 93.268 333.93.26 07/01/19 06/30/20 07/01/19 06/30/20 $5,600 $5,600 FFY17 VFC Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $2,228 $2,228 FFY19 COVID CARES NU50CK000515 Amd 16,19 93.323 333.93.32 06/01/20 12/31/21 06/01/20 12/31/21 $65,595 $65,595 $65,595 FFY19 ELC COVID Ed LHJ Allocation NU50CK000515 Amd 20 93.323 333.93.32 01/01/21 12/31/21 01/01/21 12/31/21 $294,029 $294,029 $294,029 FFY20 ELC EDE LHJ Allocation NU50CK000515 Amd 20 93.323 333.93.32 01/15/21 12/31/21 01/15/21 12/31/21 $657,521 $657,521 $657,521 FFY20 CDC COVID-19 Crisis Resp LHJ-Tribe NTJ90TP922069 Amd 14,19,20 93.354 333.93.35 01/20/20 12/31/21 01/01/20 12/31/21 $130,871 $130,871 $130,871 FFY22 MCHBG LHJ Contracts NGA Not Received Amd 23 93.994 333.93.99 10/01/21 12/31/21 10/01/21 09/30/22 $16,924 $16,924 $276,121 FFY21 MCHBG LHJ Contracts B0440169 Amd 18 93.994 333.93.99 10/01/20 09/30/21 10/01/20 09/30/21 $67,694 $67,694 FFY20 MCHBG LHJ Contracts B04MC32578 Amd 10 93.994 333.93.99 10/01/19 09/30/20 10/01/19 09/30/20 $67,694 $67,694 FFY19 MCHBG LHJ Contracts B04MC32578 Amd 4 93.994 333.93.99 10/01/18 09/30/19 10/01/18 09/30/19 $67,694 $67,694 FFY18 MCHBG LHJ Contracts B04MC31524 Amd 2 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $5,344 $S6,115 FFY18 MCHBG LHJ Contracts B04MC31524 N/A 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $50,771 FEMA-75 COVID LHJ Allocation NGA Not Received Amd 19 97.036 333.97.03 07/01/20 12/30/20 07/01/20 12/30/20 ($263,754) $0 $0 FEMA-75 COVID LHJ Allocation NGA Not Received Amd 17 97.036 333.97.03 07/01/20 12/30/20 07/01/20 12/30/20 $263,754 FY2 Group B Programs for DW(FO-SW) Amd 11 N/A 334.04.90 07/01/18 06/30/19 07/01/17 06/30/19 ($272) $4,728 $4,728 FY2 Group B Programs for DW(FO-SW) Amd 3 N/A 334.04.90 07/01/18 06/30/19 07/01/17 06/30/19 $5,000 GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/20 12/31/20 07/01/19 06/30/21 $2,500 $2,500 $7,500 GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/19 06/30/20 07/01/19 06/30/21 $2,500 $2,500 GFS-Group B(FO-SW) N/A N/A 334.04.90 01/01/18 06/30/18 07/01/17 06/30/19 $2,500 $2,500 Op Permit Fees(FO-SW) Amd 11 N/A 334.04.90 02/01/19 02/28/19 07/01/17 06/30/19 $272 $272 $272 Healthy Communities Amd 12 N/A 334.04.91 07/01/19 06/30/20 07/01/19 06/30/21 ($1,370) $0 $0 Healthy Communities Amd 10 N/A 334.04.91 07/01/19 06/30/20 07/01/19 06/30/21 $1,370 Page 2 of 4 EXHIBIT B-23 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2021 Date: July 15,2021 Indirect Rate as of January 2018:13.71 Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total FY20/21 COVID-1 9 Disaster Response Acct Amid 14,19 N/A 334.04.92 01/20/20 06/30/21 01/01/20 06/30/21 $119,129 $119,129 $119,129 FFY21 COVID GFS LHJ Regional Amd 20 N/A 334.04.92 12/31/20 06/30/21 12/31/20 06/30/21 ($175,000) $0 $0 FFY21 COVID GFS LHJ Regional Amd 19 N/A 334.04.92 12/31/20 06/30/21 12/31/20 06/30/21 $175,000 FPH Lead Case Mgmt-FPH Amd 12 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/20 $1,370 $1,370 $1,370 SFY2 Lead Environments of Children Amd 4 N/A 334.04.93 07/01/18 06/30/19 07/01/18 06/30/19 $1,500 $1,500 $4,500 SFY1 Lead Environments of Children Amd 2 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 $3,000 SFYI Lead Environments of Children Amd 1 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 Rec Shellfish/Biotoxin Amd 22 N/A 334.04.93 07/01/21 12/31/21 07/01/21 12/31/21 $1,750 S1,750 $16,250 Rec Shellfish/Biotoxin Amd 19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $1,750 $7,000 Rec Shellfish/Biotoxin Amd 16,19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $1,750 Rec Shellfish/Biotoxin Amd 9,16,19 N/A 334.04.93 07/01/19 06/30/21 07/01/19 06/30/21 $3,500 Rec Shellfish/Biotoxin N/A N/A 334.04.93 01/01/18 06/30/19 07/01/17 06/30/19 $7,500 $7,500 Wastewater Management-GFS Amd 23 N/A 334.04.93 07/01/21 12/31/21 07/01/21 06/30/23 $15,000 $15,000 $165,000 Wastewater Management-GFS Amd 19 N/A 334.04.93 01/01/21 06/30/21 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 9,19 N/A 334.04.93 07/01/20 06/30/21 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 9,19 N/A 334.04.93 07/01/20 06/30/21 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Aind 5 N/A 334.04.93 07/01/18 06/30/19 07/01/17 06/30/19 $43,274 $43,274 Wastewater Management-GFS Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 ($43,274) $16,726 Wastewater Management-GFS N/A,Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 $60,000 FPHS-LHJ-Proviso(YRI) Amd 23 N/A 336.04.25 07/01/21 12/31/21 07/01/21 06/30/23 $202,891 $202,891 $650,673 FPHS Funding for LHJs Amd 17,19 N/A 336.04.25 07/01/20 06/30/21 07/01/19 06/30/21 $160,991 $202,891 FPHS Funding for LHJs Amd 10,19 N/A 336.04.25 07/01/20 06/30/21 07/01/19 06/30/21 $42,000 FPHS Funding for LHJs Amd 17 N/A 336.04.25 07/01/19 06/30/20 07/01/19 06/30/21 $160,891 $202,891 FPHS Funding for LHJs Amd 10 N/A 336.04.25 07/01/19 06/30/20 07/01/19 06/30/21 $42,000 FPHS Funding for LHJs Dir Amd 3 N/A 336.04.25 07/01/18 06/30/19 07/01/17 06/30/19 $42,000 $42,000 YR 20 SRF-Local Asst(15%)(FS)-SS Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/19 ($12,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-SS N/A,Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 $12,000 YR 21 SRF-Local Asst(15%)(FS)SS Amd 10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 ($13,600) $11,200 $11,200 YR 21 SRF-Local Asst(15%)(FS)SS Amd 7,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $800 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 6,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $12,000 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 3,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $12,000 Page 3 of 4 EXHIBIT B-23 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2021 Date: July 15,2021 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total YR 23 SRF-Local Asst(15%)(FO-SW)SS Amd 22 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 ($11,200) $11,800 $11,800 YR 22 SRF-Local Asst(15%)(FO-SW)SS Amd 15 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 ($1,800) YR 22 SRF-Local Asst(15%)(FO-SW)SS Amd 12 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 $11,200 YR 22 SRF-LocalAsst(15%)(FO-SW)SS Amd 10,12 N/A 346.26.64 01/01/19 12/31/20 07/01/19 06/30/21 $13,600 YR 23 SRF-Local Asst(15%)(FO-SW)SS Amd 22 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 $12,000 $34,400 $34,400 YR 23 SRF-Local Asst(IS%)(FO-SW)SS Amd 20 N/A 346.26.64 01/01/21 12/31/21 09/01/20 12/31/21 $22,400 Sanitary Survey Fees(FO-SW)SS-State Amd 22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $23,200 $57,400 $57,400 Sanitary Survey Fees(FOSW)-SS State Amd 15,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 ($1,800) Sanitary Survey Fees(FO-SW)-SS State Amd 12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $11,200 Sanitary Survey Fees(FO-SW)-SS State Amd 7,12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $800 Sanitary Survey Fees(FO-SW)-SS State Amd 6,12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $12,000 Sanitary Survey Fees(FO-SW)-SS State N/A,Amd 3,6,12,22 N/A 346.26.65 01/01/18 12/31/21 07/01/17 12/31/21 $12,000 YR 20 SRF-Local Asst(15%)(FS)-TA Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 ($2,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-TA N/A,Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 $2,000 YR 21 SRF-Local Asst(15%)(FS)TA Amd 10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 ($4,000) $0 $0 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 6,10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 $2,000 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 3,10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 $2,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 22 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 ($4,000) $0 $0 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 12 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 $2,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 10,12 N/A 346.26.66 01/01/19 12/31/20 01/01/19 06/30/21 $2,000 YR 23 SRF-Local Asst(15%)(FO-SW)TA Amd 22 N/A 346.26.66 01/01/21 12/31/21 09/01/20 12/31/21 $6,000 $8,000 $8,000 YR 22 SRF-Local Asst(15%)(FO-SW)TA Amd 20 N/A 346.26.66 01/01/21 12/31/21 09/01/20 12/31/21 $2,000 TOTAL $5,372,467 $5,372,467 Total consideration: $5,058,047 GRAND TOTAL $5,372,467 $314,420 GRAND TOTAL $5,372,467 Total Fed $4,280,245 Total State $1,092,222 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Page 4 of 4 Exhibit C-19 Schedule of Federal Awards AMENDMENT#23 Date:July 15,2021 MASON COUNTY HEALTH SERVICES-SWV0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/01/2 01 9-1 213112 0 21 DOH Total Amt Allocation Period Federal Federal Start End Federal Award Federal Grant Award Name Chart of Accounts Program Title BARS Award Date Award Date Date Contract Amt CFDA CFDA Program Title Federal Agency Name Identification Number SS COMMUNITY OUTREACH PN 333.21.01 NGA Not NGA Not 07/0120 06/30121 $20,000 21.019 Coronavirus Relief Fund Department of the Treasury NGA Not Received NGA Not Received Received Received COVID LHJ OFM ALLOCATION-CARES 333.21.01 NGA Not NGA Not 0310120 12/31/21 $1.389,600 21.019 Coronavirus Relief Fund Department of the Treasury NGA Not Received NGA Not Received Received Received BITV-COVID ED LHJ ALLOCATION-CARES 333.21.01 NGA Not NGA Not 07/0120 12/31/21 $351,672 21.019 Coronavirus Rellef Fund Department of the Treasury NGA Not Received NGA Not Received Received Received Puget Sound Action Agenda: Environmental Protection Agency PUGET SOUND SHELLFISH PS SSI 1-5 OSS TASK 4 333.66.12 08/02/16 $5,000,000 01/01/18 06/30/19 $86,541 66.123 Technical Investigations and Region 10 01J18001 STRATEGIC INITIATIVE LEAD Implementation Assistance Program Puget Sound Action Agenda: PUGET SOUND RESTORATION NEP 5-6 ONSITE SEWAGE MANAGEMENT 333.66.12 01109/11 $2,490,000 01/01/18 06/30/19 $85,330 66.123 Technical Investigations and Environmental Protection Agency OOJ88801 PROJECT Implementation Assistance Program Region 10 Department of Health and Human PUBLIC HEALTH EMERGENCY FFY21 PHEP BP2 LHJ FUNDING 333.93.06 052721 $11,574,298 07/01/21 12131/21 $29,605 93.069 Public Health Emergency Services Centers for Disease Control NU90TP922043 PREPAREDNESS(PHEP) Preparedness and Prevention COOPERATIVE AGREEMENT Department of Health and Human PUBLIC HEALTH EMERGENCY FFY20 PREP BP2 LHJ FUNDING 333.93.06 06/12/20 $11.365,797 07/0120 06/30121 $49,342 93.069 Public Health Emergency Services Centers for Disease Control NU90TP922043 PREPAREDNESS(PHEP) Preparedness and Prevention COOPERATIVE AGREEMENT Public Health Emergency Department of Health and Human PUBLIC HEALTH EMERGENCY FFY19 PHEP BP1 LHJ FUNDING 333.93.06 0629/19 $11,307.904 07/01/19 06/30/20 $49.342 93.069 Preparedness Services Centers for Disease Control NU90TP922043 PREPAREDNESS(PHEP) and Prevention COOPERATIVE AGREEMENT HOSPITAL PREPAREDNESS PROGRAM Public Health Emergency Department of Health and Human AND PUBLIC HEALTH EMERGENCY FFY18 EPR PHEP BP1 SUPP LHJ FUNDING 333.93.06 08/01/18 $11,062,782 07/01/18 06/30/19 $49,341 93.069 Preparedness Services Centers for Disease Control NU90TP921889-01 PREPAREDNESS COOPERATIVE and Prevention AGREEMENT Department of Health and Human HPP AND PHEP COOPERATIVE FFY17 EPR PHEP BP1 LHJ FUNDING 333.93.06 07/18/17 $11,062.782 01/01/18 06/30/18 $28,979 93.069 Public Health Emergency Services Centers for Disease Control NU9oTP921889-01 Preparedness AGREEMENT and Prevention NGA Not NGA Not Injury Prevention and Control Department of Health and Human FFY21 OVERDOSE DATA TO ACTION PREV 333.93.13 Received Received 09/0121 12/31/21 $50,000 93.136 Research and State and Community-Services Centers for Disease Control NGA Not Received NGA Not Received Based Programs and Prevention Injury Preventlon and Control Department of Health and Human WASHINGTON STATE DEPARTMENT FFY20 OVERDOSE DATA TO ACTION PREY 333.93.13 11/0620 $4,390,240 0910120 08/31/21 $50,000 93.136 Research and State and Community.Services Centers for Disease Control NU17CE925007 OF HEATLH OVERDOSE DATA TO Based Programs and Prevention ACTION Injury Prevention and Control Department of Health and Human WASHINGTON STATE DEPARTMENT FFY19 OVERDOSE DATA TO ACTION PREY 333.93.13 08112/19 $4,390,240 09/01l19 08/31/20 $50,000 93.136 Research and State and Community-Services-Centers for Disease Control NU17CE925007 OF HEATLH OVERDOSE DATA TO Based Programs and Prevention-National Center for ACTION Injury Prevention and Control Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY18 PRESCRIPTION DRUG ODSUPP 333.93.13 05131/17 $6,223,623 09/01/18 08/31/19 $110.000 93.136 Research and State and Community Services Centers for Disease Control U17CE002734 FOR STATES Based Programs and Prevention Page 1 of 3 Exhibit C-19 Schedule of Federal Awards AMENDMENT#23 Date:July 15,2021 MASON COUNTY HEALTH SERVICES-SWV0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/0 112 01 8-1 213 1/2 0 21 DOH Total Amt Allocation Period Federal Federal Start End Federal Award Federal Grant Award Name Chart of Accounts Program Title BARS Contract Amt CFDA CFDA Program Title Federal Agency Name Identification Number Award Date Award Date Date Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY17 PRESCRIPTION DRUG ODSUPP 333.93.13 03/16/16 $4,031,632 01/01/18 013/31/18 $63,027 93.136 Research and State and Community Services Centers for Disease Control U17CE002734 FOR STATES Based Programs and Prevention NGA Not NGA Not Immunization Cooperative Department of Health and Human FFY22 PPHF OPS 333.93.26 07/0121 12/31/21 $500 93.268 Agreements Services Centers for Disease Control NGA Not Received NGA Not Received Received Received 9 and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 VFC Ops 333.93.26 07/01/20 $9,082,252 07I0120 12131/20 82,800 93.268 Agreements Services Centers for Disease Control NH231P922619 FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 PPHF OPS 333.93.26 07/0120 $9,082,252 07/0120 136/3021 $500 93.268 Agreements Services Centers for Disease Control NH23IP922619 FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY21 COVID79 VACCINE SERVICES-CARES 333.93.26 Otl1521 $68,807,053 07/0120 12131/21 $14,582 93.268 Agreements Services Centers for Disease Control NH231P922619 FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY20 VFC OPS 333.93.26 07/01/19 $9,234,835 07/01/19 06/30/20 $5,600 93.268 Agreements Services Centers for Disease Control NH231P922619 FOR CHILDREN PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY20 PPHF OPS 333.93.26 07/01/19 $9,234.835 07101/19 06/30/20 $500 93.268 Immunization Cooperative Services Centers for Disease Control NH231P922619 Agreements FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 VFC OPS 333.93.26 03103/17 $1.201,605 01/01/18 06/30/18 $2,22B 93.268 Agreements Services Centers for Disease Control 5NH231POD0762-05-00 FOR CHILDREN'S PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 PPHF OPS 333.93.26 06/29/18 $3,634,512 07/01/18 06/30/19 $500 93.268 Agreements Services Centers for Disease Control NH231P000762 FOR CHILDREN'S PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 INCREASING IMMUNIZATION RATES 333.93.26 0629118 $1,722.443 07/01/18 06/30/19 $5,600 93.268 Immunization Cooperative Services Centers for Disease Control NH231P000762 Agreements FOR CHILDREN'S PROGRAM and Prevention Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 AFIX 333.93.26 03/03/17 $1.672,289 01/01/18 06/30/18 $4,293 93.268 Immunization Cooperative Services Centers for Disease Control 5NH231P000762-05-00 Agreements FOR CHILDREN'S PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND VACCINES FFY17 317 OPS 333.93.26 03/03/17 $575,969 01/01/18 06/30/18 $1.423 93.268 Agreements Services Centers for Disease Control 5NH231P000762-05-00 FOR CHILDREN'S PROGRAM and Prevention NGA Not NGA Not Immunization Cooperative Department of Health and Human COVIDI9 VACCINES 333.93.26 07/0120 12/31121 $354,803 93.268 A reements Services Centers for Disease Control NGA Not Received NGA Not Received Received Received 0 and Prevention Epidemiology and Laboratory - EPIDEMIOLOGY AND LABORATORY Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY20 ELC EDE LHJ ALLOCATION 333.93.32 011142 21 1 $438,300,928 01/15 12/31/21 $657.521 93.323 (ELC}Building and Strengthening Services Centers for Disease Control NU50CK000515 (ELC)-BUILDING AND STRENGTHENING Epidemiology,Laboratory and and Prevention EPIDEMIOLOGY,LABORATORY.AND Page 2 of 3 Exhibit C-19 Schedule of Federal Awards AMENDMENT#23 Date:July 15,2021 MASON COUNTY HEALTH SERVICES3VW0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/0 112 01 8-1 2/3112 0 21 DOH Total Amt Allocation Period Federal Federal Start End Federal Award Federal Grant Award Name Chart of Accounts Program Title BARS Contract Amt CFDA CFDA Program Title Federal Agency Name Identification Number Award Date Award Date Date Epidemiology and Laboratory EPIDEMIOLOGY&LABORATORY Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY19 ELC COVID ED LHJ ALLOCATION 333.93.32 01/0121 $177,231,546 01/0121 12/31/21 $294.029 93.323 (ELC)-Building and Strengthening Services Centers for Disease Control NU50CK000515 (ELC}BUILDING&STRENGTHENING Epidemiology,laboratory and and Prevention EPIDEMIOLOGY,LABORATORY& - - Epidemiology and Laboratory EPIDEMIOLOGY 8 LABORATORY Capacity for Infectious Diseases Department of Health and Human CAPACITY FOR INFECTIOUS DISEASES FFY19 COVID CARES 333.93.32 042320 $22,581,799 06/0120 12/31/21 $65,595 93.323 (ELC}Bullding and Strengthening Services Centers for Disease Control NU50CK000515 (ELC}BUILDING&STRENGTHENING Epidemiology,Laboratory and and Prevention EPIDEMIOLOGY,LABORATORY& - Pubtic Health Emergency Department of Health and Human CDC COOPERATIVE AGREEMENT FOR Response:Cooperative Agreement EMERGENCY RESPONSE:PUBLIC FFY20 CDC COVIDA9 CRISIS RESP LHJ-TRIBE 333.93.35 03/16/20 $13.230,799 01/20/20 12/31/21 $130,871 93.354 for Emergency Response:Public Services Centers for Disease Control NU90TP922069 HEALTH CRISIS RESPONSE CDC-RFA- Health Crisis Response and Prevention TP18-1802 NGA Not NGA Not Maternal and Child Health Services Department of Health and Human FFY22 MCHBG LHJ CONTRACTS 333.93.99 Received Received 10/0121 1213121 $16,924 93.994 Block Grant to the States Services Health Resources and NGA Not Received NGA Not Received Services Administration Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY21 MCHBG LHJ CONTRACTS 333.93.99 0210821 $2,662.201 10/0120 09/30/21 $67,694 93.994 Block Grant to the States Services Health Resources and BD440169 SERVICES BLOCK GRANT Services Administration Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY20 MCHBG LHJ CONTRACTS 333.93.99 11/14/18 $2,225,977 10/01/19 09/30120 $67.694 93.994 Block Grant to the Stales Services Health Resources and B04MC32578 SERVICES BLOCK GRANT Services Administration Department of Health and Human MATERNAL AND CHILD HEALTH Maternal and Child Health Services FFY19 MCHBG LHJ CONTRACTS 333.93.99 11/14/18 $2,225,977 10/01118 09l30I19 $67,694 93.994 Block Grant to the States Services Health Resources and B04MC32578 SERVICES BLOCK GRANT Services Administration _Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY18 MCHBG LHJ CONTRACTS 333.93.99 1020/17 $1,650,528 01/01/18 09/3D/18 $56,115 93.994 Matter Grant to the States Services Health Resources and BD4MC31524 SERVICES Services Administration TOTAL $4,280,245 Page 3 of 3 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks EXT: DATE: September 28 , 2021 Agenda Item # 8.5 Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Park Host contracts have traditionally never been a subject briefed by the Board of Commissioners. The concept of using Park Hosts was approved previously. ITEM: Park Host Agreement for Walker Park Background: Mason County utilizes the services of Park Hosts for selected Mason County Park sites. In return for a RV space and free water and power, the Park Host opens and closes the park, performs light maintenance, and provides site security. RECOMMENDED ACTION: Approval to: Approval of Park Host Contract with Robert Chavis Attachment(s): Contract and Park Host Application 9/17/2021 Walker Park Attendant Contract Page 1 of 4 WALKER PARK ATTENDANT CONTRACTUAL EMPLOYMENT AGREEMENT This AGREEMENT, by and between Robert Chavis hereinafter referred to as "Contractor" and Mason County, a municipal corporation of the State of Washington, hereinafter referred to as "County", for the purpose of defining the terms and conditions for employment, and in recognition of the mutual benefits contained herein, is as follows: SECTION ONE - EMPLOYMENT DUTIES. Contractor is hereby employed to fulfill the duties of Attendant at Walker Park, located at 2400 SE Walker Park Road, Shelton, Washington as specified in Attachment A. These duties require Contractor to be present at the Walker Park site to provide security for facilities and property during the hours of darkness and on weekends (normal coming and going at different hours is allowable, as long as no definite pattern is established). Contractor shall immediately report all, suspicious or illegal activities or intruders to the Mason County Sheriff's Office. Contractor shall not attempt to detain or apprehend any person(s) suspected of, or engaged in, any illegal activity at the Park site. SECTION TWO -CONDITIONS OF EMPLOYMENT. Contractor shall also be bound to the "Conditions of Employment" which are specified in Attachment A. Violation of these Conditions of Employment may be cause for immediate termination of this Agreement, at the sole discretion and judgment of the County. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates that they are acceptable for involvement with youth activities SECTION THREE -TERM OF EMPLOYMENT. The term of this agreement shall be a period of two-Rears (24 months). This Agreement shall become effective upon signing of the last party hereto. September 29t , 2021 to December 31, 2023. SECTION FOUR-COMPENSATION. County shall provide for Contractor, as full payment for services pursuant to this Agreement, access to personal use of the designated living quarters at Walker Park, together with water, garbage, and electrical power services. Contractor will provide their own personal telephone service or any other utility service not provided by the County. SECTION FIVE -The Residential Landlord-Tenant Act, RCW 59.18 does not apply to this agreement. SECTION SIX - EMPLOYEE BENEFITS. Contractor is an employee of the County, but shall not receive: vacation time, sick leave, personal holidays, medical insurance, dental insurance, vision insurance, or other personnel benefits currently afforded County employees or added in the future. County shall provide Industrial Insurance coverage on the Contractor for hours worked in performance of the duties assigned in Attachment A or any compensated hours in addition to the normal duties. Walker Park Attendant Contract Paqe 2 of 4. SECTION SEVEN -CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County. SECTION EIGHT - ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE -AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the mutual agreement of both the Contractor and the County and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modification or change. SECTION TEN-TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required duties, the County may terminate employment immediately, with compensation only to the date of such termination. SECTION ELEVEN- SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such provisions were not contained herein. SECTION TWELVE -CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN -SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County and the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this the day of , 2021. CONTRACT BOARD OF COUNTY COMMISSIONERS Contractor#1 Kevin Shutty, Chairperson Contractor#2 ATTEST: Sharon Trask, Commissioner McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Netherlin, Commissioner Tim Whitehead, Chief Deputy Prosecutor Walker Park Attendant Contract Page 3 of 4 ATTACHMENT"A" EMPLOYMENT DUTIES: The following duties will be performed by the Walker Park Attendant as part of the contracted agreement for living quarters and other amenities as described in the contract: 1. Unlock and lock park gates each day in accordance with park schedule. 2. Provide security and rule enforcement at Walker Park. 3. Each night, close and secure the park and restroom. 4. Conduct a litter patrol and clean-up of the park interior and parking lot on a daily basis throughout the entire year. Empty garbage cans, reline cans and transport garbage to dump canister located in parking lot. 5. Clean and stock restrooms on a daily basis during park use season. 6. Contact Parks Office on a weekly basis to review the weekly schedule of events. 7. Attendant is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 2. Carl Olson Work: 360-427-9670, extension 535 Cell: 360-490-0539 Home: 360-432-0465 3. Anne Voice Work: 360-427-9670, extension 535 4. Mason County Sheriff: 360-427-9671 Emergency: 911 CONDITIONS OF EMPLOYMENT: The following conditions shall be strictly observed. Violation of any of the items listed below may be grounds for immediate termination of employment. 1) No illegal activities involving the Contractor shall be undertaken or allowed to take place on or about the park properties or caretaker residence. 2) Only Contractor shall be allowed to operate County equipment, and then, only in the performance of work approved by the County. 3) Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependants of the Contractor. 4) No services or activities may be undertaken on Mason County Parks property, which result in compensation or benefit to the Contractor, aside from the benefits specified in the employment Agreement with Mason County. 5) No smoking shall be allowed in any County-owned facility. 6) No pets are allowed in County-owned facilities or on Park properties. 7) Residential premises shall remain free of debris, clutter, and hulk vehicles. Also, Contractor shall inform Walker Park Attendant Contract Page 4 of 4, County of any defects or needed repairs to residence as soon as practicable following discovery. 8) Contractor shall be responsible for any damages to the caretaker residence beyond normal wear and tear. 9) No unauthorized or private use of Park facilities. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Noelle Thompson Action Agenda x Public Hearing Other DEPARTMENT: Commissioners EXT: 419 COMMISSION MEETING DATE: September 28th Agenda Item # S.LD 2021 (Commissioner staff to complete) BRIEFING DATE: September 14th 2021 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to re-appoint Dan Dittmer to the Veterans Advisory Board for a member-at-large position with a two-year term ending November 1, 2023. The Board also approved to fill the vacant member-at-large position with Pamela Stevens Y Perez with a two-year term ending September 2023 Background: The Veterans Advisory Board is a ten member board appointed to advise the Board of Commissioners on policy related to veteran's assistance. There are two at-large members that are appointed by the Commissioners. Recommended Action: Approval to re-appoint Dan Dittmer to the Veterans Advisory Board for a two year term ending November 1, 2023, and appoint Pamela Stevens Y Perez for a two year term ending September 28, 2023. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS Action Agenda x From: Frank Pinter Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 9/28/21 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: 9/20/21 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM:Approval of both the January 2021 — December 2023 Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County's Juvenile Detention Unit and Probation Unit. Background: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County Juvenile Detention Unit and Probation Unit have reached a tentative agreement with Mason County for the 2021-2023 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED ACTION: Approval of both the January 2021 — December 2023 Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County's Juvenile Detention Unit and Probation Unit. Attachment: Collective Bargaining Agreements are on file with the Clerk of the Board. COLLECTIVE BARGAINING AGREEMENT January 1 , 2021 — December 31 , 2023 BETWEEN TEAMSTERS UNION LOCAL NO. 252 R7:) 4N 0a�tHER~�O O 2Qv OT O A m n 67 ti, ya AND MASON COUNTY JUVENILE DETENTION 0 co 1854 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page I TABLE OF CONTENTS ARTICLE1 -DEFINITIONS ............................................................................................................................5 ARTICLE2-RECOGNITION..........................................................................................................................6 2.1 RECOGNITION.....................................................................................................................................6 2.2 NEW CLASSIFICATIONS.......................................................................................................................6 ARTICLE3-UNION SECURITY.....................................................................................................................7 3.1 UNION REPRESENTATION....................................................................................................................7 3.2 NONDISCRIMINATION-UNION ACTIVITY...............................................................................................7 ARTICLE 4- UNION / EMPLOYER RELATIONS ..........................................................................................8 4.1 UNION ACCESS...................................................................................................................................8 4.2 FACILITY USE.....................................................................................................................................8 4.3 STEWARDS.........................................................................................................................................8 4.4 ORIENTATION......................................................................................................................................8 4.5 BULLETIN BOARDS .............................................................................................................................8 4.6 CONTRACT DISTRIBUTION ...................................................................................................................9 4.7 NEGOTIATIONS RELEASE TIME............................................................................................................9 4.8 GRIEVANCE RELEASE TIME.................................................................................................................9 4.9 UNION BUSINESS................................................................................................................................9 4.10 BARGAINING UNIT ROSTER............................................................................................................9 ARTICLE5- EMPLOYMENT..........................................................................................................................9 5.1 PROBATIONARY PERIODS....................................................................................................................9 5.2 TYPES OF EMPLOYMENT.................................................................................................................... 10 5.3 CONTRACTORS................................................................................................................................. 11 5.4 STUDENTS/INTERNS ........................................................................................................................ 11 ARTICLE 6-HOURS OF WORK AND OVERTIME.....................................................................................11 6.1 WORKDAY/WORKWEEK................................................................................................................... 11 6.2 WORK SCHEDULES........................................................................................................................... 11 6.3 REST/MEAL BREAKS....................................................................................................................... 12 6.4 OVERTIME ........................................................................................................................................ 12 6.5 Comp TIME....................................................................................................................................... 14 6.6 DETAINEE&TRANSPORT.................................................................................................................. 14 ARTICLE 7-EMPLOYMENT PRACTICES..................................................................................................14 7.1 NONDISCRIMINATION......................................................................................................................... 14 7.2 JOB POSTING ................................................................................................................................... 15 7.3 PROMOTIONS.................................................................................................................................... 15 7.4 PERSONNEL FILE/POLICIES ............................................................................................................. 15 7.5 EVALUATIONS................................................................................................................................... 16 7.6 DISCIPLINE/CORRECTIVE ACTION..................................................................................................... 17 ARTICLE8-SENIORITY..............................................................................................................................18 8.1 DEFINITIONS..................................................................................................................................... 18 8.2 APPLICATION OF SENIORITY.............................................................................................................. 19 8.3 PROBATIONARY PERIOD ...................................................................................................................20 8.4 LOSS OF SENIORITY..........................................................................................................................20 8.5 LAYOFFS..........................................................................................................................................21 8.6 NOTICE ............................................................................................................................................21 8.7 MEETING WITH UNION.......................................................................................................................21 8.8 AFFECTED GROUP............................................................................................................................21 8.9 VACANT POSITIONS..........................................................................................................................22 8.10 SENIORITY LIST................................................................................................................................22 ................................. 8.11 ORDER OF LAYOFF.................................................................................. 22 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 2 8.12 COMPARABLE EMPLOYMENT.............................................................................................................23 8.13 LAYOFF OPTIONS .............................................................................................................................23 8.14 REDUCTION HOURS/FTE.................................................................................................................24 8.15 RECALL............................................................................................................................................24 8.16 VACATION&LEAVE CASH OUTS/PAY..............................................................................................25 8.17 UNEMPLOYMENT CLAIMS..................................................................................................................26 ARTICLE9-WAGES....................................................................................................................................26 9.1 WAGE SCHEDULE.............................................................................................................................26 9.2 HIRE-IN RATES.................................................................................................................................26 9.3 SHIFT DIFFERENTIAL.........................................................................................................................26 ARTICLE 10-OTHER COMPENSATION....................................................................................................26 10.1 CALL-BACK PAY.........................................................................................................................26 10.2 WORK IN A HIGHER CLASSIFICATION............................................................................................27 10.4 MILEAGE REIMBURSEMENT..........................................................................................................27 10.5 LONGEVITY.................................................................................................................................27 10.6 CLOTHING ALLOWANCE...............................................................................................................27 ARTICLE 11 - HOLIDAYS .............................................................................................................................28 11.1 HOLIDAYS...................................................................................................................................28 11.2 RELIGIOUS HOLIDAYS..................................................................................................................28 11.3 HOLIDAY COMPENSATION............................................................................................................28 ARTICLE 12-VACATION ............................................................................................................................29 12.1 VACATION ACCRUAL....................................................................................................................29 12.2 VACATION SCHEDULING..............................................................................................................29 12.3 VACATION PAY ...........................................................................................................................31 12.4 VACATION UPON TERMINATION....................................................................................................31 ARTICLE 13-SICK LEAVE ..........................................................................................................................31 13.1 SICK LEAVE ACCRUAL................................................................................................................31 13.2 SICK LEAVE USAGE....................................................................................................................31 13.3 SHARED LEAVE...........................................................................................................................31 13.4 COORDINATION-WORKER'S COMPENSATION ..............................................................................32 13.5 FAMILY MEMBER.........................................................................................................................33 13.6 SICK LEAVE CASH OUT...............................................................................................................33 ARTICLE 14- LEAVES OF ABSENCE. ......................................................................................................33 14.1 IN GENERAL................................................................................................................................33 14.2 JURY DUTY/COURT....................................................................................................................33 14.3 MILITARY LEAVE.........................................................................................................................33 14.4 BEREAVEMENT............................................................................................................................33 14.5 MAINTENANCE OF SENIORITY.......................................................................................................34 14.6 LEAVE WITHOUT PAY..................................................................................................................34 14.7 FAMILY LEAVE-FMLA...............................................................................................................34 14.8 MATERNITY LEAVE.......................................................................................................................34 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE.............................................................................35 14.10 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE...............................................35 ARTICLE 15-HEALTH &WELFARE..........................................................................................................35 15.1 HEALTH AND LIFE INSURANCE.....................................................................................................35 15.2 RETIREMENT...............................................................................................................................36 15.3 TEAMSTER'S PENSION.................................................................................................................36 ARTICLE 16-TRAINING...............................................................................................................................36 16.1 TRAINING....................................................................................................................................36 16.2 TRAINING REIMBURSEMENT................................................................. ....... TI` (7 ]I?�.r...37 L 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 3 ARTICLE 17- LABOR/ MANAGEMENT COMMITTEES............................................................................37 17.1 PURPOSE OF COMMITTEE............................................................................................................37 17.2 COMPOSITION OF COMMITTEE......................................................................................................37 17.3 COMPENSATION..........................................................................................................................37 ARTICLE 18- HEALTH &SAFETY..............................................................................................................38 18.1 SAFE WORKPLACE......................................................................................................................38 18.2 HEALTH&SAFETY PLAN.............................................................................................................38 18.3 DRUG FREE WORKPLACE............................................................................................................38 18.4 WORK PLACE VIOLENCE.............................................................................................................38 ARTICLE 19-GRIEVANCE PROCEDURE ..................................................................................................38 19.1 GRIEVANCE DEFINED ..................................................................................................................38 19.2 GRIEVANCE PROCEDURE.............................................................................................................39 19.3 UNION/EMPLOYER GRIEVANCE ..................................................................................................40 19.4 SCHEDULE OF MEETINGS.............................................................................................................41 ARTICLE 20 - NO STRIKE/ NO LOCKOUT.................................................................................................41 20.1 NO STRIKE/NO LOCKOUT..........................................................................................................41 ARTICLE 21 - MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................41 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.............................................................................41 ARTICLE 22-GENERAL PROVISIONS.......................................................................................................42 22.1 SAVINGS CLAUSE........................................................................................................................42 ARTICLE 23- ENTIRE AGREEMENT..........................................................................................................42 23.1 DURATION CLAUSE.....................................................................................................................42 23.2 ENTIRE AGREEMENT...................................................................................................................43 SIGNATURES ................................................................................................................................................44 APPENDIX A-JOB CLASSIFICATIONS&WAGE TABLE.......................................................................................45 1] nn I'%j'!NAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, the Mason County District and Superior Court Judges—acting in their capacity as administrators of the Mason County Superior Courts, and Teamsters Union Local No. 252, hereinafter referred to as the"Union," do hereby enter into this Agreement for the purposes of promoting harmonious relations and efficiency. Pursuant to RCW 41.56.030, the Employer for purposes of negotiating wages and economic-related matters shall be the Mason County Board of Commissioners, and the Employer for purposes of negotiating working conditions and all other non-wage related matters shall be the District and Superior Court judges or their designee(s). ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamster Union Local No. 252. 1.2 "Division" refers to the Division of Juvenile Detention. 1.3 "Employer' shall mean the Board of Mason County Commissioners and the Superior and District Court Judges. 1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.5 Executive, Administrative, and Professional Employees shall mean all employees as defined in WAC 296-128-500. 1.6 Job classifications and salary steps are listed and categorized in Appendix A of this agreement. 1.7 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or designee. 1.8 "Overtime" shall mean all Employer-required work, which has been performed in excess of their regular scheduled workday, or forty (40) hours per week, consistent with Article 6.4. 1.9 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification, which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. TkTrYk i*dui SAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 5 1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day" shall mean a calendar day. 1.12 "Anniversary Day of Pay" shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1 st or the 16th of the month, 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). ARTICLE 2 — RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners and the Mason County Superior Courts recognize that the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain for all full-time and regular part-time Juvenile Detention Officers and Detention Supervisors in the Mason County Juvenile Detention Division, excluding: extra-help employees, managers, supervisors and confidential employees, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners and the Superior Court. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Divisions represented or the classifications listed in Article 9.1, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Divisions represented or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted / advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party orjointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 6 at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation, or PERC ruling. ARTICLE 3—UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions, which may be required to be made to any employee, shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify,defend,or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 7 ARTICLE 4— UNION / EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates for Detention. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from his/her work. The Division shall grant the Steward's request unless the Stewards cannot be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform his/her Stewards duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037, each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty (30) minutes within the first ninety(90)days from the date of hire, which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. C' U1AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 8 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such Stewards activities outside the employee's work shift, without express pre-authorization by the Steward's Division Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer, which indicate that a Steward is spending an unreasonable amount of time performing Union duties, shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and other pertinent information regarding new hires. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as Human Resources receive the list, in writing. ARTICLE 5— EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire, except as identified in Article 16.1. New employees with prior related experience 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 9 may be placed at a step in the salary range equivalent to one step for each two years of experience, up to a maximum of three steps. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six-month probationary period for new employees up to an additional six months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular full-time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular part-time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage, and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment, or term of the temporary employment, or upon twenty (20) calendar days' notice from the Employer, or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 10 For regular employees moving to a temporary position, as above, Union membership status will remain unchanged, per the Agreement representing the temporary position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment / project may be terminated at any time for any reason, with or without notice. 5.2.4 EXTRA-HELP EMPLOYEES: An extra-help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week, on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package, nor union membership. 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time, and is not anticipated to meet or exceed one thousand and forty(1,040) accumulated hours in a twelve (12) month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting, the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines j that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6— HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40) hours of time actually worked or compensated within a seven (7)day period (typically Sunday 12:00 a.m. through Saturday 11:59 p.m.). Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work related travel time is to be paid at the employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair Labor Standards Act (F.L.S.A.). For full-time employees, the paid work-day shall consist of between eight (8) consecutive hours and twelve (12) consecutive hours, or otherwise as agreed upon by the employee and management. The work-week shall consist of five (5) consecutive days (5-8's), or four(4) 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page I I consecutive days (4-10's), (4-12's), or three (3) consecutive days (3-12's), or otherwise agreed upon by the employee and management. At the discretion of management, one "full-time" position, with full-time seniority rights and County benefits, may be created for which the employee's paid work-day shall consist of between five (5) consecutive hours and twelve (12) consecutive hours (on consecutive days), or as otherwise agreed upon by the employee and management. This is a three-quarter to full-time position that will be regularly scheduled between 32 to 40 hours per week. Seniority shall be used to select fixed shifts. July 1 st of each year, employees, by a majority vote, shall determine whether or not to return to rotating shifts. Any permanent vacancy in an assigned fixed shift position shall be posted for bidding for ten (10)calendar days. The shift shall be awarded to the most senior employee who applied and who meets the division's gender needs. For staff scheduled to attend the Juvenile Corrections Personnel academy, the employee will be paid for forty(40) hours each week of the academy, plus, be paid for travel time. If actual class time extends beyond forty (40) hours during the week, then overtime pay provisions would apply. 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every four(4) hours worked. Breaks should be arranged, so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday. Rest periods are to be taken during down times such as while school is in session, during a lock down period, while the detainees are sleeping or resting and scheduled as near as possible to the middle of each half-day shift. If a Detention employee does not receive a lunch period or break, he or she shall receive additional compensation at one and one- half (1 '/2) times his or her normal rate for the time the employee was not relieved from duty. However, for the Detention employee to receive the aforementioned premium compensation, the Detention employee must submit a "Break Report" to the Detention Manager at the conclusion of the employee's shift, explaining why the employee was not able to take his or her break or lunch period. While on a rest period, staff will not be required to do any of the normal duties associated with detention work; however, staff will be required to remain available to respond to an emergency situation. Breaks are to be taken while remaining on the work site, or within a four(4) block radius from the Detention Center. Employees on breaks are required to be able to instantly communicate with the Detention Center, directly, either by intercom, or via radio communication. 6.4 OVERTIME Any regular full-time employee in paid status more than eight (8) hours in a work day, or forty (40) hours in a week, shall be paid for overtime at a rate of one and one-half (1 '/2) hours for the work performed; or, at the request of the employee, accumulate comp time. Please refer to Article 6.5 for comp time accrual. Any employee in paid status beyond their scheduled work-day, or forty(40) hours in a week [except one hundred twenty (120) hours in three (3) weeks for twelve (12) hour shifts] shall be paid for overtime at a rate of one and one half(1 '/2) times, or accrued within comp time limits. Please refer to Article 6.5 for comp time accrual. Employees in the 3-12 cycles (36, 36, 48 hours) shall be paid overtime for all hours in excess of this schedule. All overtime hours worked shall be approved by the Manager or Designee. Work performed on the seventh (7th) consecutive day or Holidays shall be paid at the rate of time and one-half(1 '/2). `Overtime' on Holidays shall be paid at the double time rate. ("'IG1`1AI� k i� 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 12 When an employee is called in to work all or part of a shift, a minimum of four (4) hours' pay at the appropriate rate shall be allowed. The employee receiving the four(4) hours of pay will be required to work four(4) complete hours, unless the employee requests to leave prior to the expiration of the four (4) hour work period. In such case, the employee will receive the appropriate pay for the time worked. When an employee is called in for other reasons (court duty, transports, appointments, etc.), the employee shall receive a minimum two (2) hours at the appropriate rate. The employee receiving the two (2) hours of pay will be required to work two (2) complete hours unless the employee requests to leave prior to the expiration of the two (2) hour period. In such case, the employee will receive the appropriate pay for the time worked. The above provision does not apply to employees who are called to come in early, or who stay after their regularly scheduled shift. When an employee is called in to cover the remainder of a shift for an employee who is on duty, but must leave, the called-in employee must be able to arrive at the work-site within 60 minutes in order to be eligible to accept the shift. Anyone required by Management to be available at a fixed location, or who is required to remain accessible by radio, telephone, beeper, etc., during any hours other than his/her regular working hours shall be credited one-half(1/2) time pay or comp time for each hour of such service. Subject to the below paragraphs, all available shifts, including vacancies, shall be offered by seniority to employees subject to management's gender requirements: Shifts for non-scheduled absences of full-time employees shall be first offered to full-time employees. Non-scheduled absences are those absences for which the absent employee did not provide Detention at least 24 hours' notice prior to the absence. For gender specific shifts, (shifts normally scheduled to be worked by a male or female staff member that run from approximately 0600-1800 or 1800-0600), the shift being offered will be first offered to full-time staff of the same gender as the regularly scheduled absent staff. A full-time staff may take all or part of the shift, but shall not leave less than four hours not taken. If, after an attempt is made to fill the shift, and no gender appropriate full-time staff members are available, then the shift, or remaining portion of the shift, may be offered to part-time staff who are the same gender as the absent staff. Full-time employees will be first offered all non-scheduled absences for regularly scheduled full-time shifts (including a non-scheduled absence of a part-time employee who had been previously scheduled to replace a full-time employee's scheduled absence). In the event that no full-time or extra-help employees of any gender are available to take an open shift, management shall be called and one of the staff currently on shift shall be required to remain on shift until relief arrives. Other available shifts, including those scheduled to extra-help employees, will be offered in the following order: a) To extra-help employees so long as the extra-help employee does not work or is not scheduled to work more than forty (40) hours during the week, b) To full-time employees. For safety reasons, barring extraordinary circumstances, employees shall not work more than sixteen (16) consecutive hours with an intervening eight(8) hours of rest prior to their next period of 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 13 work. However, up to eighteen (18)consecutive hours shall be allowed if the employee is scheduled to have the next day off. 6.5 COMP TIME The Elected Official/Department Head may authorize comp time in lieu of overtime compensation and/or holiday premium pay, and, if so, the employee shall receive comp time at the time-and-one-half (1 1/2) rate. Comp time earned may be used only on the days mutually agreed by the employee and the County. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Employees hired before January 1, 2011, may accrue up to two hundred forty (240) hours of comp time. All comp time after the limit of two hundred forty (240) hours is reached shall be paid at time and one-half, or used by the employee as time off. All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four (24) hours of comp time is permitted to carry-over into the following year. Employees hired on or after January 1, 2011, shall be permitted to accrue up to eighty (80) hours of comp time. All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four(24) hours of comp time is permitted to carry-over into the following year. For employees hired on or after January 1, 2019, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used, or paid out by the end of each year. If the employee does not use all their accumulated comp time,they will receive a payout for the unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in order of seniority within job classifications. Employees may decline voluntary overtime opportunities. 6.6 DETAINEE &TRANSPORT Subject to available funding and staffing, the Mason County Juvenile Court authorizes the use of two (2) staff for all transport to/from all counties within the State of Washington, except for Kitsap, Jefferson, Grays Harbor, Thurston, Lewis, Pierce and King (other than Echo Glen) Counties. ARTICLE 7 — EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. IGINAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 14 Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted within each division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall be given a reasonable trial period of up to three (3) months, subject to review under the grievance procedure. If unsuccessful in the new position, the employee shall be returned to their previous position. 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range within their division. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range within their division. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range within their division. Employees who promote, transfer or voluntarily demote to another job classification within their Division shall serve a three (3) month trial service period in their new position. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled. If the position was abolished or filled (i.e. an offer of employment has not been extended), such employee will be laid off and eligible for recall in accordance with Article 8, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). Employees who promote, transfer or voluntarily demote to a job classification outside of a Division shall serve a three (3) month trial service period in their new position. If they fail to obtain Regular status in the new position the employee may not return to their previous position, unless the employee chooses to revert back within thirty(30)calendar days. In that case, the employee will be returned to the same or similar classification and pay as held prior to promotion or transfer (including any adjustment due, e.g., salary increases, step increases, etc.). When an employee is promoted, they will be placed on the step and range on the salary plan that gives them at least a five percent (5%)wage increase. Step increases from that date will depend on where the employee is placed. When an employee is transferred, they shall retain their step placement and their step date. When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall be placed on the same step in the new range (Example: 11 E to 9E). 7.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 15 Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Employer or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Division. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually (at date of hire or a common date) thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. D G__ G OINAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 16 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 17 Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 1. Notice: That the Employer did forewarn employee of possible consequences of conduct. 2. Reasonable Rule or Order: That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 3. Investigation: That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 4. Fair Investigation: That the Employer conducted its investigation objectively; 5. Proof: That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 6. Equal Treatment: That the Employer applied its rules, orders, and penalties evenhandedly and without discrimination under the circumstances; and 7. Penalty: That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 8— SENIORITY 8.1 DEFINITIONS Division: Refers to Juvenile Detention. Job Classification: Job Classifications are identified in Appendix A Division Seniority: The service time spent in each individual Division within the bargaining unit. Employer/County Seniority: The total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: The total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra Help position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Division Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. OT 'AI� 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 18 Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Division. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s)within an affected job classification, which are subject to lay-off or reduction in force and have certain rights as a result. 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump - displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent in each individual Division within the bargaining unit. For all other purposes, seniority means total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period 8.2.1 Postings / promotions In regard to job postings, promotion and reassignment, "qualifications"and/or"ability"will be the primary consideration, with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 19 experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Division. 8.2.2 Layoffs Total Division Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Division. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Division Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD A probationary employee does not have the right to grieve dismissal. Upon successful completion of the probationary period, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Division seniority shall then be based on continuous service with the Division. The principle of seniority shall be used in layoff for lack of work and recall upon resumption of work. Laid off employees will retain seniority rights for eighteen (18) months from date of layoff. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen (18)months from date of layoff, who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: ❖ Resignation. ❖ Discharge. ❖ Retirement. ❖ Layoff/ Recall list of more than eighteen (18) consecutive months. ❖ Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 20 Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. 8.5 LAYOFFS A layoff is an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month. The Employer may reduce the work force because of lack of work or lack of funds. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Division Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Division seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. If normal attrition is not feasible, then the Employer shall determine which positions(s)will be eliminated. The least senior employee(s) in the affected job classification(s) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Division shall be laid off first, provided there is a regular employee qualified to do the work of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the lay off. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notify the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 21 The least senior employee, by Division seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Division seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining unit and the Division, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions, affected employees will be given consideration for vacant positions for which they are qualified. All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10) calendar days for bidding seniority purposes and may be awarded to the senior qualified bidder subject to gender needs and the limitations set forth below for Juvenile Detention Division only. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Division. 8.11 ORDER OF LAYOFF The least senior employee (by Division Seniority) within the affected job classification and affected Division shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Division is employed on a probationary, extra help or temporary 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 22 basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Division and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. They have more Division seniority than the employee they will bump; 2. The job classification they are bumping to is paid on a salary range that is equal to or less than the salary range of their job classification; and 3. They previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job within thirty(30) calendar days; and 4. They provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time).The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days' written notice of layoff. If this employee is eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above, then that third employee identified for layoff shall be laid off. Laid off employees, including bumped employees, shall be allowed to bump less senior employees (by bargaining unit seniority) only within their Division, i.e. Detention, , in lower classifications or in classifications which the employees previously held and are still competent to perform the work of the classification. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 23 Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the Employer shall make the final decision. An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. 8.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The Employer shall determine the salary for non-regular positions not represented by the bargaining unit. 8.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list within each respective Division for the classification he/she was laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their Division and/or within the bargaining unit in accordance with Article 8.13. It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The Employer shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 24 calendar days after the Employer has mailed a certified letter (return receipt request) to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen(18)months, and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification, Office or Division shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the affected bargaining unit class ification(s), within their Division, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. It is understood that a person who has bumped to another position, or has been laid off and recalled under this Agreement, must meet the education, experience and/or training requirements (including completion of State mandated Academy, Guardian ad Litem, and Community Juvenile Accountability Act requirements, if appropriate), as well as licenses and/or certificates and polygraph requirements, in order to exercise their seniority rights. Laid off employees will retain their seniority rights for eighteen (18) months from the date of layoff. Seniority shall be lost if the employee does not return to work when offered their previous position. 8.16 VACATION&LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 25 temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective January 1, 2021 through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix A, and an across the board increase (as below in this section): INCREASE 1/1/201 .75 % 1/1/2022 .75 % 1/1/2023 1.0 % Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly, which shall reflect all items covered by gross pay such as; sick leave, vacation time, straight time and overtime. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed consistent with current personnel rules. 9.3 SHIFT DIFFERENTIAL There shall be a shift differential of fifty (.50) cents per hour for any assigned shift except Day Shift (shifts beginning between 5:00 AM to 10:00 AM). ARTICLE 10—OTHER COMPENSATION 10.1 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (1'/2) times the regular rate. After working the call out shift, the 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 26 employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight (8) hours off between the two (2) shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent(5%) increase. 10.4 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.5 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11th and continuing thru 151h ears 1.5% above base Beginning in 161h and continuing thru 20th ears 3.0% above base Beginning in 21s'and continuing thru 251h ears 4.5% above base Beginning in 261h year and continuing thereafter 6.0% above base 10.6 CLOTHING ALLOWANCE The County shall provide Detention employees' badges as needed, shirts and a jacket for all full- time employees, along with a three hundred dollar($300) per year clothing allowance paid January of each year. Part-time employees shall receive the appropriate number of shirts for their position. Newly hired Detention Officers attending an academy and/or specialized training, will be provided, URIGINAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 27 at the employer's expense, all required uniform items (athletic wear etc.) required for attendance by the academy and/or specialized training. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following annual paid holidays are recognized for all employees represented in this bargaining unit, and will be paid regardless of which day of the week they occur. New Year's Day Veterans' Da Armistice Da Martin Luther King Day Thanks i ing Da President's Day Day After hanks giving Memorial Day Christmas Eve Juneteenth Effective 6/19/22 Christmas Da July Fourth Two 2 Floating Holidays Labor Da Employees must receive written approval at least one week in advance of the date(s) in which they desire to utilize their floating holiday. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) not used by the end of the calendar year will be forfeited, unless denied on the basis of the staffing needs of the Office or Division. Except by mutual agreement, floating holidays shall be used in no less than four(4) hour increments. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight (8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that day. Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty(40) hours worked for the workweek. No employee shall be called on a holiday for less than four(4) hours, except those personnel serving Standby Duty. Employees working approximately 50% of their shift on a Holiday will be paid for one day as if the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on the Holiday. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 28 ARTICLE 12—VACATION 12.1 VACATION ACCRUAL Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months' employment, shall be entitled to and receive vacations with pay as follows: 1It through 3Id year of employment 96 hours 4th through 7th year of employment 120 hours 8th through gtn year of employment 144 hours 101h through 11th year of employment 160 hours 1211 through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 191h year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. With the exception of promoted employees, vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they have successfully completed their initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6)month probationary period shall not be paid for any vacation leave accrued during the_probationary period. For Regular and Temporary full-time or Regular and Temporary part-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Whereas the Union and the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a Division thereof from providing efficient public service. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. ate `s AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 29 If an approved holiday occurs within the approved vacation leave period, such day shall be charged as holiday leave rather than vacation leave. Employees shall have the option of using comp time or vacation leave for approved paid time off. It is understood that vacation requests are considered in view of the operational needs of the County and Court, and must be agreed upon by the Administration and employee. Employees within their division will be allowed to pre-select their vacations, as follows: a) One vacation seniority list will be posted for full-time Juvenile Detention employees by January 1 of each year, and shall be for the vacation period starting February 15 of the current year through February 14 of the following year. b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in Round-One from either: A) up to one, two-week period; or B) up to two, one-week periods. A second and any subsequent rounds, if needed, shall be allowed on the same basis after completion of the previous round. These requests will be provided to the Administrator or his/her designee no later than February 15 of each year. c) After the selection process is closed, staff may request a change to the posted schedule only for their approved time; such employee, however, will not have the right to "bump" another staff from their approved time. d) Requests outside the vacation selection period (January 1 — February 15) will be considered in view of the operational needs of the County and Court on a first-come, first-serve basis, and must be agreed upon by the Administration and employee. e) A request for vacation exceeding two consecutive weeks (10 working days) may be approved by the Administration for extenuating circumstances and with sufficient advance knowledge to ensure adequate staffing. f) Written approval of a vacation request is advised before an employee purchases tickets or pays for accommodations. g) When requesting vacation time, the following limitations will apply unless otherwise approved by Management in extraordinary situations: 1. Only one Full-Time staff person will be allowed vacation time off on each "Shift Set" [the current Shift Sets are: Graveyard Early Week- Graveyard Late Week— Days Early Week— Days Late Week]. 2. Full-Time staff may request off shifts that impact only two(2)of the following major holidays during the initial two (2) rounds of the selection process: New Year's Day; July 4; Thanksgiving Day; Day after Thanksgiving; Christmas Day. 3. In addition to the requirement that the employee have sufficient leave time (either anticipated vacation or actual comp time) available at the time of the requested vacation, the employee must also have sufficient leave time two weeks prior to the requested vacation. Detention Staff wanting to schedule part of a day off for personal reasons must take at least four(4) hours of vacation leave or comp time unless waived by management. a AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 30 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Division wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time employee by resignation(with ten (10)working days' notice), retirement, layoff, dismissal or death,the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four-hundred (400) hours of vacation leave. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten(10)working days written notice is not provided or waived. When an employee's employment terminates or an employee moves from full-time to extra help employment, the employee shall be paid in full for all accrued vacation leave provided they have successfully passed their 6-month probation period leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. ARTICLE 13 - SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply. �1G1,NA 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 31 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty (30) days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty (30) days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04. 13.4 COORDINATION-WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. Time missed from work that is due to Worker's Compensation claims will be considered as time worked for employee's paid Health and Welfare and Vacation purposes up to one (1) year. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 32 e. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, the words "annual leave" may be substituted for"sick leave" above. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for "immediate family" as defined in article 1.7. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 14— LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). 14.4 BEREAVEMENT Employees will be provided up to three (3) days of paid bereavement leave in the event of the death of an immediate family member. A day of bereavement leave shall be in accordance with the employee's regularly scheduled workday. Immediate family includes only persons related by blood or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are: wife, husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in- law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement leave will not be 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 33 deducted from the accrued sick/vacation time. Upon request, two(2)days of accrued sick leave shall be granted. Additional time off may be requested and charged to comp time, floating holiday or vacation leave, as approved by the Elected Official/Department Head. 14.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY If a medical leave of absence without pay is granted, the employee shall have return rights to his/her previously held position. Return rights for any leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 8, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. 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. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). NAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 34 Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04. 14.10 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The parties acknowledge that RCW 5013.04.080 requires premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual's wages at the current rate set in accordance with RCW 506.04.080. An employee may apply for a premium exemption in accordance with RCW 506.04.085. The parties agree that January 1, 2022, deductions will commence at the rate of fifty- eight hundredths of one percent (0.0058%) of the employee's wages in accordance with RCW 506.04.080 and such, or similar language will be included in the ratified agreement. ARTICLE 15— HEALTH & WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as below, per employee per month toward the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. This contribution is to be applied to premiums for Washington Teamsters Welfare Trust Medical Plan B with the $400 per week time loss option and current County dental, vision, and life insurance plans. The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or equivalent basic life insurance program) in life insurance the monthly premium for each employee compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. The County contribution for Health & Welfare Insurance shall be: A. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty-two dollars ($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9) month waiver. B. Effective January 1, 2022 the contribution shall be increased to one thousand and four hundred and fourteen dollars ($1414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9) month waiver. C. Effective January 1, 2023 the contribution shall be increased to one thousand and four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9) month waiver. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 35 If any other bargaining unit or group of employees receives contributions greater than the above amounts, the members of this bargaining unit will also receive those increased amounts on the same effective dates. In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program (EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees The County shall provide for all employees, under this agreement, to receive all three shots in the hepatitis series and follow-up tests, along with an annual TB test. 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. 15.3 TEAMSTER'S PENSION Effective January 1, 2008, based on January hours, the COUNTY shall pay an amount equal to fifty cents ($.50.) per hour for each hour for which compensation is paid to him/her into the Western Conference of Teamsters Pension Trust Fund on account of each member of the Teamster bargaining unit, said amounts to be computed monthly. The total amount due for each calendar month shall be remitted in a lump sum not later than ten (10) days after the last business day of such month. The COUNTY agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts, the accurate reporting and recording of such hours and such amounts paid on account of each member of the Teamster bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed successors. ARTICLE 16 - TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. All employees will be paid at the appropriate rate for taking County sponsored training. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 36 All regular Detention employees will be given regular training in: Verbal De-Escalation; and Defensive Tactics. Full-time employees will be required to successfully complete the Juvenile Corrections Personnel Academy when scheduled by the management, in order to maintain full-time employment. Employees will be given one opportunity to successfully complete the JCPA. In the event the training is not successfully passed on the first opportunity, employment will be immediately terminated. 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA). The County will reimburse the costs of all physical examinations required to attend the Criminal Justice Training Commission as a condition of continuing employment. ARTICLE 17 — LABOR/ MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to three (3) members from the Bargaining Unit and the Union staff representative, and up to three (3) members from the Employer and a representative from Human Resources. The committee will meet from time to time, upon the request of either party, during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer and a minimum of three (3) representatives appointed by Local No.252, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues, which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 37 ARTICLE 18— HEALTH & SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time, the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. r 1 �lr ��, �i`alcij�ali 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 38 Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the Division Manager or Designee. The Division Manager or Designee may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the Division Manager or Designee shall respond to the grievance within ten (10) calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at step 2. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Article(s) and Section(s) of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Juvenile Court Administrator within ten (10)calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Administrator shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Administrator shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Manager within ten (10)calendar days of the date of the written response at Step 2. Within ten (10)calendar days of receipt of the grievance, the Human Resources Manager or designee shall schedule a meeting with the employee, Union Steward/Union Representative and the Juvenile Court Administrator(or designee)to hear and seek to resolve the grievance. The Human Resources Manager shall provide a written answer to the employee, Union Steward/Union Representative, and Juvenile Court Administrator within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14)calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public ORIGINAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 39 Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. The specific details of the incident or issue giving rise to the grievance; 2. Article(s) and Sections (s) of the Agreement allegedly violated; 3. Copies of the Step 2 and 3 responses to the grievance; 4. Remedy sought. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer, which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross- examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. F. The arbitrator's decision shall be made in writing and shall be issued to the parties within a reasonable timeframe after the date of the arbitration hearing or after receipt of the parties' post hearing briefs are submitted to the arbitrator. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer/employees became aware or zINrL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 40 reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: ❖ Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. ❖ Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. ❖ Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage ARTICLE 20 - NO STRIKE / NO LOCKOUT 20.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Division. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically modified by this Agreement, including amendments, the County—acting through the Board of Commissioners on issues regarding economic matters, and the Mason County Superior Court—acting on issues regarding non-economic matters, retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy whether exercised or not. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. Furthermore, the County and the Courts reserve all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of the Mason County government. B. Determine the organization and merits, necessity and level of activity or service provided to the public. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 41 C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and numbers of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Reduce staff or reduce working hours due to a lack of work or lack of funds. I. Take all actions necessary to carry out the mission of the Court in County emergencies. ARTICLE 22 - GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties, hereto, are governed by the provisions of applicable Federal and State Law, which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event, the parties shall meet within thirty (30) days for renegotiation of such invalid provisions, for the purpose of adequate and lawful replacement, thereof, and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23— ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall become effective upon the signing of the Agreement and shall remain in effect through December 31, 2023. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 RE-OPENER The parties agree to meet in on or around October 1, 2022 for discussion on adding Teamsters retiree's medical if the unit wishes to pursue. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 42 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. 1; liff TGTV A 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 43 i SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Day of , 2021. MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS 01 Monty Cobb; Randy Neatherlin; Commissioner JUDGE OF TH IOR COURT District#1 Amber inlay; Kevin Shutty; Commissioner JUDGE OF THE SUPS R COURT District#2 an Goo eV1 Sharon Trask; Commissioner JUDGE OF'THEjAZPERlOR COURT District#3 James Ma s n Chief Su eri r Court Administrator CAMS RS LOCAL No. 252 W i Car di , usiness Agent TEAM7-- RS LOCAL No. 252 Brian Blaisdell; Secretary-Treasurer 202 l-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 44 Appendix A - Job Classifications & Wage Table Effective January 1, 2021 'For the purpose of annual step increases only,the anniversary date for employees who were at Step 7(top step)as of December 31, 2019 will change to January 1. -Advancement from one ste to the next is annual and on the employee s anniversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Detention Officer $3634.61 $3725.74 $3815.38 $3930.01 $4052.90 $4174.61 $4300.59 $4441.16 Detention Supervisor $4397.88 $4480.62 $4616.63 $4755.31 $4904.00 $5051.23 $5203.53 $5373.47 Effective January 1, 2022 -Advancement from one step to the next is annual and on the em to ee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Detention $3661.87 $3753.68 $3844.00 $3959.49 $4083.30 $4205.92 $4332.84 $4474.47 $4620.73 Officer Detention $4430.86 $4514.22 $4651.25 $4790.97 $4940.78 $5089.11 $5242.56 $5413.77 $5590.73 Supervisor Effective January 1, 2023 -Advancement from one step to the next is annual and on the employee's annive sary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Detention $3698.49 $3791.22 $3882.44 $3999.08 $4124.13 $4247.98 $4376.17 $4519.21 $4666.94 $4831.45 Officer Detention $4475.17 $4559.36 $4697.76 $4838.88 $4990.19 $5140.00 $5294.99 $5467.91 $5646.64 $5848.69 Supervisor ***There was a scrivener's error made to the 2019-2020 Teamsters Juvenile Detention CBA Appendix-Wage Table. The monthly salary for a Detention Officer in Step 5 for 2020, stated $4,022.73, but should have been $4,004.42. The error was corrected in this 2021-2023 Teamsters Juvenile Detention CBA and $4,004.73 was used to calculate the rates for the Detention Officer. U eIGENAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 45 COLLECTIVE BARGAINING AGREEMENT January 1 , 2021 - December 31 , 2023 BETWEEN TEAMSTERS UNION LOCAL NO. 252 � OaotHeaHoo � �Pv � o a a � f AND MASON COUNTY PROBATION SERVICES -0 cob" 1854 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 1 TABLE OF CONTENTS ARTICLE1 -DEFINITIONS ............................................................................................................................5 ARTICLE 2- RECOGNITION..........................................................................................................................6 2.1 RECOGNITION.....................................................................................................................................6 2.2 NEW CLASSIFICATIONS.......................................................................................................................6 ARTICLE3-UNION SECURITY.....................................................................................................................7 3.1 UNION REPRESENTATION.................................................................................................................... 7 3.2 NONDISCRIMINATION-UNION ACTIVITY...............................................................................................8 ARTICLE 4-UNION / EMPLOYER RELATIONS ..........................................................................................8 4.1 UNION ACCESS...................................................................................................................................8 4.2 FACILITY USE.....................................................................................................................................8 4.3 STEWARDS.........................................................................................................................................8 4.4 ORIENTATION......................................................................................................................................8 4.5 BULLETIN BOARDS .............................................................................................................................9 4.6 CONTRACT DISTRIBUTION ...................................................................................................................9 4.7 NEGOTIATIONS RELEASE TIME............................................................................................................9 4.8 GRIEVANCE RELEASE TIME.................................................................................................................9 4.9 UNION BUSINESS................................................................................................................................9 4.10 BARGAINING UNIT ROSTER............................................................................................................9 ARTICLE 5- EMPLOYMENT........................................................................................................................10 5.1 PROBATIONARY PERIODS.................................................................................................................. 10 5.2 TYPES OF EMPLOYMENT.................................................................................................................... 10 5.3 CONTRACTORS................................................................................................................................. 11 5.4 STUDENTS/INTERNS.......................................................................................................................... 11 ARTICLE 6-HOURS OF WORK AND OVERTIME.....................................................................................11 6.1 WORK-DAY/WORKWEEK................................................................................................................... 11 6.2 WORK SCHEDULES........................................................................................................................... 12 6.3 REST/MEAL BREAKS ........................................................................................................................ 13 6.4 OVERTIME ........................................................................................................................................ 13 6.5 COMP TIME....................................................................................................................................... 13 ARTICLE 7-EMPLOYMENT PRACTICES..................................................................................................14 7.1 NONDISCRIMINATION......................................................................................................................... 14 7.2 JOB POSTING ................................................................................................................................... 14 7.3 PROMOTIONS.................................................................................................................................... 14 7.4 PERSONNEL FILE/POLICIES ............................................................................................................. 15 7.5 EVALUATIONS................................................................................................................................... 16 7.6 DISCIPLINE/CORRECTIVE ACTION..................................................................................................... 16 ARTICLE8-SENIORITY..............................................................................................................................18 8.1 DEFINITIONS..................................................................................................................................... 18 8.2 APPLICATION OF SENIORITY.............................................................................................................. 19 8.3 PROBATIONARY PERIOD ...................................................................................................................20 8.4 LOSS OF SENIORITY..........................................................................................................................20 8.5 LAYOFFS..........................................................................................................................................20 8.6 NOTICE............................................................................................................................................21 8.7 MEETING WITH UNION.......................................................................................................................21 8.8 AFFECTED GROUP............................................................................................................................21 8.9 VACANT POSITIONS..........................................................................................................................22 8.10 SENIORITY LIST................................................................................................................................22 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 2 8.11 ORDER OF LAYOFF...........................................................................................................................22 8.12 COMPARABLE EMPLOYMENT.............................................................................................................22 8.13 LAYOFF OPTIONS .............................................................................................................................22 8.14 REDUCTION HOURS/FTE.................................................................................................................24 8.15 RECALL............................................................................................................................................24 8.16 VACATION&LEAVE CASH OUTS/PAY..............................................................................................25 8.17 UNEMPLOYMENT CLAIMS..................................................................................................................25 ARTICLE9-WAGES....................................................................................................................................25 9.1 WAGE SCHEDULE. ............................................................................................................................25 9.2 HIRE-IN RATES.................................................................................................................................26 ARTICLE 10-OTHER COMPENSATION....................................................................................................26 10.1 CALL-BACK PAY.........................................................................................................................26 10.2 WORK IN A HIGHER CLASSIFICATION............................................................................................26 10.3 MILEAGE REIMBURSEMENT..........................................................................................................27 10.4 LONGEVITY.................................................................................................................................27 ARTICLE 11 - HOLIDAYS ............................................................................................................................27 11.1 HOLIDAYS...................................................................................................................................27 11.2 RELIGIOUS HOLIDAYS..................................................................................................................27 11.3 HOLIDAY OBSERVANCE...............................................................................................................27 11.4 HOLIDAY ON DAY OFF................................................................................................................28 11.5 HOLIDAY COMPENSATION............................................................................................................28 ARTICLE12-VACATION ............................................................................................................................28 12.1 VACATION ACCRUAL....................................................................................................................28 12.2 VACATION SCHEDULING..............................................................................................................29 12.3 VACATION PAY ...........................................................................................................................30 12.4 VACATION UPON TERMINATION....................................................................................................30 ARTICLE 13-SICK LEAVE..........................................................................................................................30 13.1 SICK LEAVE ACCRUAL................................................................................................................30 13.2 SICK LEAVE USAGE....................................................................................................................31 13.3 SHARED LEAVE...........................................................................................................................31 13.4 COORDINATION-WORKER'S COMPENSATION ..............................................................................31 13.5 FAMILY MEMBER.........................................................................................................................32 13.6 SICK LEAVE CASH OUT...............................................................................................................32 ARTICLE 14- LEAVES OF ABSENCE........................................................................................................32 14.1 IN GENERAL................................................................................................................................32 14.2 JURY DUTY/COURT....................................................................................................................32 14.3 MILITARY LEAVE.........................................................................................................................33 14.4 BEREAVEMENT............................................................................................................................33 14.5 MAINTENANCE OF SENIORITY.......................................................................................................33 14.6 LEAVE WITHOUT PAY..................................................................................................................33 14.7 FAMILY LEAVE-FMLA...............................................................................................................33 14.8 MATERNITY LEAVE......................................................................................................................34 14.9 PAID FAMILY 8r MEDICAL LEAVE COMPLIANCE.............................................................................34 14.10 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE...............................................34 ARTICLE 15- HEALTH 8r WELFARE..........................................................................................................34 15.1 HEALTH AND LIFE INSURANCE.....................................................................................................34 15.2 RETIREMENT...............................................................................................................................35 ARTICLE 16-TRAINING...............................................................................................................................35 16.1 TRAINING....................................................................................................................................35 � r.^otTr l.rll..�il 2021-2023 Probation Teamster's Collective Bargaining Agreement �� Page 3 16.2 TRAINING REIMBURSEMENT.........................................................................................................36 ARTICLE 17- LABOR/ MANAGEMENT COMMITTEES............................................................................36 17.1 PURPOSE OF COMMITTEE............................................................................................................36 17.2 COMPOSITION OF COMMITTEE......................................................................................................36 17.3 COMPENSATION..........................................................................................................................37 ARTICLE18- HEALTH & SAFETY..............................................................................................................37 18.1 SAFE WORKPLACE......................................................................................................................37 18.2 HEALTH&SAFETY PLAN.............................................................................................................37 18.3 DRUG FREE WORKPLACE............................................................................................................37 18.4 WORK PLACE VIOLENCE.............................................................................................................37 ARTICLE 19- GRIEVANCE PROCEDURE ..................................................................................................38 19.1 GRIEVANCE DEFINED ..................................................................................................................38 19.2 GRIEVANCE PROCEDURE.............................................................................................................38 19.3 UNION/EMPLOYER GRIEVANCE....................................................................................................40 19.4 SCHEDULE OF MEETINGS.............................................................................................................40 ARTICLE 20- NO STRIKE/NO LOCKOUT...................................................................................................40 20.1 NO STRIKE/NO LOCKOUT............................................................................................................40 ARTICLE 21 - MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................41 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.............................................................................41 ARTICLE22 -GENERAL PROVISIONS.......................................................................................................42 22.1 SAVINGS CLAUSE........................................................................................................................42 ARTICLE23-ENTIRE AGREEMENT..........................................................................................................42 23.1 DURATION CLAUSE.....................................................................................................................42 23.2 ENTIRE AGREEMENT...................................................................................................................42 SIGNATURES ................................................................................................................................................43 APPENDIX A-JOB CLASSIFICATIONS &WAGE TABLE........................................................................44 EFFECTIVE JANUARY 1, 2021.....................................................................................................................44 EFFECTIVEJANUARY 1, 2022.....................................................................................................................44 EFFECTIVEJANUARY 1, 2023.....................................................................................................................44 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, the Mason County District and Superior Court Judges—acting in their capacity as administrators of the Mason County District and Superior Courts, and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do hereby enter into this Agreement for the purposes of promoting harmonious relations and efficiency. Pursuant to RCW 41.56.030, the Employer for purposes of negotiating wages and economic-related matters shall be the Mason County Board of Commissioners, and the Employer for purposes of negotiating working conditions and all other non-wage related matters shall be the District and Superior Court judges or their designee(s). ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamster Union Local No. 252. 1.2 "Division" refers to the Division of Adult Probation Services and Juvenile Probation Services. 1.3 "Employer' shall mean the Board of Mason County Commissioners and the Superior and District Court Judges. 1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.5 "Executive", "Administrative", and "Professional" Employees shall mean all employees as defined in WAC 296-128-500. 1.6 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.7 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parenfis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or designee. 1.8 "Overtime" shall mean all Employer-required work, which has been performed in excess of their scheduled work-day, or forty(40) hours per week, consistent with Article 6.4. 1.9 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification, which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 5 1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day" shall mean a calendar day. 1.12 "Anniversary Day of Pay" shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1st or the 16th of the month, 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). ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners, Mason County Superior Court and Mason County District Court, recognize that the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain for all full-time and part-time employees of the Mason County Probation Services Divisions in Juvenile Court and District Court, excluding: managers, supervisors and confidential employees, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. District Court Probation is distinctly separate from Juvenile Probation Services. Superior Court and Juvenile Court do not have authority to bargain for District Court Probation officers, and District Court does not have authority to bargain for Probation services in Juvenile Court. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners and the Superior and District Court. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Divisions represented, or the classifications listed in Article 9.1, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Divisions represented, or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted/advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 6 If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party orjointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement / negotiation or PERC ruling. ARTICLE 3—UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions, which may be required to be made to any employee, shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend,or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 7 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. ARTICLE 4— UNION / EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates for Probation Services. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from his/her work. The Division shall grant the Steward's request unless the Stewards cannot be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform his/her Stewards duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037, each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty (30) minutes within the first ninety(90)days from the date of hire, which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 8 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area, or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such Stewards activities outside the employee's work shift, without express pre-authorization by the Steward's Division Designee or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and other pertinent information regarding new hires. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 9 The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as the list is received, in writing, by Human Resources. ARTICLE 5— EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire, except as identified in Article 16.1. New employees with prior related experience may be placed at a step in the salary range equivalent to one (1) step for each two (2) years of experience, up to a maximum of three (3) steps. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six month probationary period for new employees up to an additional six months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular Full-Time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20) hours per week, but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular part-time employees are eligible to receive the standard benefits package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 10 or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. For regular employees moving to a temporary position, as above, Union membership status will remain unchanged, per the Agreement representing the temporary position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/project may be terminated at any time for any reason, with or without notice. 5.2.4 EXTRA HELP EMPLOYEES: An extra-help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package, nor union membership. 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty(1,040) accumulated hours in a twelve (12) month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting, the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6— HOURS OF WORK AND OVERTIME 6.1 WORK-DAY/WORKWEEK A regular full-time workweek shall consist of forty (40) hours of time actually worked, or compensated within a seven (7) day period (typically Sunday 12:00 a.m. through Saturday 11:59 p.m.). Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 11 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work related travel time is to be paid at the employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair Labor Standards Act (FLSA). Work hours for full-time employees covered by this Agreement shall normally be scheduled by division as described below: The work-day normally shall be eight (8) consecutive hours of work. The work-week shall be five (5) consecutive, eight (8) hour days, Monday through Friday, or as defined below in Alternate Work Schedules. However, an earlier or later starting time may be adopted for any or all employees. Such starting time shall be mutually agreeable among the County and the employee, and shall not result in the application of the overtime provision, but shall be paid at the regular rate for eight(8) hours of continuous work. All employees will be allowed a non-paid, duty-free lunch period. This paragraph shall not apply to employees with weekend schedules. Alternate Work Schedules: Work-weeks and work shifts of different numbers of hours and/or work-days may be established by the Elected Official/Division Head in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5) working days' notice from the Elected Official/Division Head. Employees may request an alternate work schedule, which is subject to approval by the Division Head. Management shall have the right to establish a four (4) day, ten (10) hour per day work schedule, if agreeable with the employee(s). Employee(s) will have available four tens (4- 10's) work schedules Monday through Thursday, or Tuesday through Friday, or flex schedules as set out above. Any holiday that falls on a scheduled workday of a four-ten (4-10) work-week shall be paid at eight (8) hours' pay. Employees shall have the opportunity to use two (2) hours vacation/accrued comp time to supplement the eight hours' pay. Sick leave and vacation leave accumulation shall remain the same. Sick leave and vacation leave will be charged by the number of hours taken. If call-outs are required on scheduled days off(Friday or Monday), they will be treated in the same manner as any Saturday call-out. Flex Schedules: Flexible starting and/or quitting times may be adopted, on a case-by-case bases, with mutual agreement between the employee and his/her Employer. These work schedule adjustments shall not result in the application of the overtime provisions. Call Out Time: When an employee is called out on their scheduled day off or on a Holiday, a minimum of two (2) hours' pay at the appropriate rate shall be allowed. Off Duty Time: a. For the life of this Agreement, no employee shall be required to be available at a fixed location or remain accessible by radio, telephone, beeper, etc. unless such employee is on duty. b. Telephone Calls: Employees who are contacted by telephone while off duty and 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 12 not required to come into work, will be compensated at a minimum of one-half(1/2) hour at the appropriate rate, when the call is made by the supervisor or designee. Unusual Weather/Extreme Circumstances: In the event of unusual weather or extreme conditions, employees are required to make a good faith effort to call the designated County telephone by 7:00 a.m. to receive reporting instructions. 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. 6.4 OVERTIME Any regular full-time employee in paid status beyond their scheduled work-day for full-time employees, or forty (40) hours in a work-week, shall be paid for overtime at a rate of one and one- half(1 '/2) hours for the work performed; or, at the request of the employee, accumulate comp time. Please refer to Article 6.5 for comp time accrual. All hours worked in an alternate schedule beyond the regularly scheduled day for regular full-time employees (i.e. 8, 9, 10 or 12 hour work schedule), or forty(40) hours in a week shall be paid at the rate of time and one-half(1 '/2)the regular rate. The cut-off date for paid overtime for the month will be 5:00 p.m., ten (10)days prior to the last work- day of each month. The Division Head or designee shall approve overtime hours in advance, except when overtime hours are related to courtroom job duties. An overtime record shall be filled out by the employee and submitted to their supervisor by the employee's next work-day. Work performed on Saturday shall be at a rate of time and one half (1 '/2). Work performed on Sunday, or Holidays, shall be paid at the double time rate. However, Work Crew Supervisors (Assistant Probation Officer or Community Program Support Specialist)shall be paid at the straight time rate for hours worked on Saturday; and at the time and one half(1 '/2) rate for work on Sunday and Holidays, except for New Year's Day, July Fourth, Thanksgiving Day, the Day after Thanksgiving and Christmas Day, which are to be paid at the double time rate if worked. 6.5 COMP TIME The Elected Official/Division Head may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the time-and-one-half (1 1/2) rate. Comp time earned may be used only on the days mutually agreed by the employee and the County. Employees hired before January 1, 2011, may accrue up to two hundred forty(240) hours of comp time. All comp time after the limit of two hundred forty(240) hours is reached shall be paid at time and one-half, or used by the employee as time off. Employees hired on or after January 1, 2011, shall be permitted to accrue up to eighty (80) hours of comp time. For employees hired on, or after January 1, 2019, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used, or paid out. 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. All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four (24) hours of comp time is permitted to carry-over into the following year. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 13 Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 7— EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted within each division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall be given a reasonable trial period of up to three (3) months, subject to review under the grievance procedure. If unsuccessful in the new position, the employee shall be returned to their previous position. 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range within their division. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range within their division. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range within their division. Employees who promote, transfer or voluntarily demote to another job classification within their Division shall serve a three (3) month trial service period in their new position. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled. If the 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 14 position was abolished or filled (i.e. an offer of employment has not been extended), such employee will be laid off and eligible for recall in accordance with Article 8, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). Employees who promote, transfer or voluntarily demote to a job classification outside of a Division shall serve a three (3) month trial service period in their new position. If they fail to obtain regular status in the new position, the employee may not return to their previous position, unless the employee chooses to revert back within thirty(30) calendar days. In that case, the employee will be returned to the same or similar classification, and pay as held prior to promotion or transfer (including any adjustment due, e.g., salary increases, step increases, etc.). When an employee is promoted, they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage increase. Step increases from that date will depend on where the employee is placed. When an employee is transferred, they shall retain their step placement and their step date. When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall be placed on the same step in the new range (Example: 11 E to 9E). 7.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Employer or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 15 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Division. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Division head or designee during the probationary or trial service period and at least annually(at date of hire or a common date), thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable; however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, Employees shall have the right to review and comment on disciplinary actions in their personnel file. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 16 A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 7.6.1 Notice: That the Employer did forewarn employee of possible consequences of conduct. 7.6.2 Reasonable Rule or Order: That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 7.6.3 Investigation: That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 7.6.4 Fair Investigation: That the Employer conducted its investigation objectively; 7.6.5 Proof: That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 7.6.6 Equal Treatment: That the Employer applied its rules, orders, and penalties evenhandedly and without discrimination under the circumstances; and 7.6.7 Penalty: That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 17 ARTICLE 8— SENIORITY 8.1 DEFINITIONS Division: Refers to Juvenile Probation Services and Adult Probation Services. Job Classification: Job Classifications are identified in Appendix A Division Seniority: The service time spent in each individual Division (Juvenile Probation, or Adult Probation)within the bargaining unit. Employer/County Seniority: the total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: the total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed in Seasonal or Extra-Help position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Division Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Division. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 18 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump - displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent in each individual Division within the bargaining unit. For all other purposes, seniority means total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period 8.2.1 Postings/ promotions In regard to job postings, promotion and reassignment, "qualifications" and/or"ability"will be the primary consideration, with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Division. 8.2.2 Layoffs Total Division Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Division. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Division Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence/Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 19 will be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD A probationary employee does not have the right to grieve dismissal. Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire, including the service during the probationary period. Division seniority shall then be based on continuous service with the Division. The principle of seniority shall be used in layoff for lack of work and recall upon resumption of work. Laid off employees will retain seniority rights for eighteen (18) months from date of layoff. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service, or by voluntarily leaving County service; provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen (18)months from date of layoff, who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: ❖ Resignation. ❖ Discharge. ❖ Retirement. ❖ Layoff/ Recall list of more than eighteen (18) consecutive months. ❖ Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. 8.5 LAYOFFS A layoff is an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month. The Employer may reduce the work force because of lack of work or lack of funds. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Division Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Division seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 20 C. If normal attrition is not feasible, then the Employer shall determine which positions(s)will be eliminated. The least senior employee(s) in the affected job classification(s) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Division shall be laid off first, provided there is a regular employee qualified to do the work of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the lay off. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notifies the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Division seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Division seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 21 notice must choose promptly(within five (5)full working days of receipt of the Notice)among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2, and other sections of this Article. Within the bargaining unit and the Division, affected employees, and employees on the recall list, shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions, affected employees will be given consideration for vacant positions for which they are qualified. All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10) calendar days for bidding seniority purposes, and may be awarded to the senior qualified bidder.. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Division. 8.11 ORDER OF LAYOFF The least senior employee (by Division Seniority) within the affected job classification and affected Division shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Division is employed on a probationary, extra help or temporary basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Division and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 22 8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. They have more Division seniority than the employee they will bump; 2. The job classification they are bumping to is paid on a salary range that is equal to, or less than, the salary range of their job classification; and 3. They previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job within thirty(30) calendar days; and 4. They provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time).The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days' written notice of layoff. If this employee is eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above, then that third employee identified for layoff shall be laid off. Laid off employees, including bumped employees, shall be allowed to bump less senior employees (by bargaining unit seniority) only within their Division (i.e. Adult Probation or Juvenile Probation), in lower classifications, or in classifications which the employees previously held and are still competent to perform the work of the classification. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. 8.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 23 Nothing contained in this layoff section shall be construed to require the Employer to modify its position, and classification structure, in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The salary for non-regular positions not represented by the bargaining unit shall be determined by the Employer. 8.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list within each respective Division for the classification he/she was laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their Division and/or within the bargaining unit in accordance with Article 8.13. It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The Employer shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the Employer has mailed a certified letter (return receipt request)to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen(18)months, and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification, Office or Division shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Division, until all qualified employees holding recall rights to that affected classification have been offered recall. 2021-2023 Probation Teamster's Collective Bargaining Agreement � LI�i�i�IL Page 24 A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. It is understood that a person who has bumped to another position or has been laid off and recalled under this Agreement, must meet the education, experience and/or training requirements (including completion of State mandated Academy, Guardian ad Litem, and Community Juvenile Accountability Act requirements, if appropriate), as well as licenses and/or certificates and polygraph requirements, in order to exercise their seniority rights. Laid off employees will retain their seniority rights for eighteen (18) months from the date of layoff. Seniority shall be lost if the employee does not return to work when offered their previous position. 8.16 VACATION &LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective January 1, 2021 through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix A and an across the board increase (as below in this section): INCREASE 1/1/2021 .75% 1/1/2022 .75% 1/1/2023 1.0% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 25 Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly, which shall reflect all items covered by gross pay such as; sick leave, vacation time, straight time and overtime. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed consistent with current personnel rules. ARTICLE 10 —OTHER COMPENSATION 10.1 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (1'/2) times the regular rate. After working the call out shift, the employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight(8) hours off between the two (2) shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 26 If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent(5%) increase. 10.3 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.4 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11th and continuing thru 151h ears 1.5% above base Beginning in 16th and continuing thru 20tt' years 3.0% above base Beginning in 21s' and continuing thru 251h ears 4.5% above base Beginning in 26th year and continuing thereafter 6.0% above base ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following annual paid holidays are recognized for all benefitted employees and will be paid regardless of which day of the week they occur. New Year's Day Veterans' Da Armistice Da Martin Luther King Day Thanksgiving Da President's Day Day After Thanksgiving Memorial Day Christmas Eve Juneteenth Effective 6/19/22 Christmas Da July Fourth Two 2 Floating Holidays Labor Da Employees must receive written approval at least one week in advance of the date(s) in which they desire to utilize their floating holiday. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) used by the end of the calendar year will be forfeited, unless denied on the basis of the staffing needs of the Office or Division. Except by mutual agreement, floating holidays shall be used in whole day increments. Christmas Eve may be taken off based on the operational needs of the County and the Courts, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY OBSERVANCE When a recognized holiday falls on a Saturday, the proceeding Friday shall be considered the holiday. When a recognized holiday falls on a Sunday, the following Monday shall be considered the holiday. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 27 For those employees on a four-ten (4-10) work schedule, or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. 11.4 HOLIDAY ON DAY OFF Benefitted employees shall receive eight(8) hours' holiday benefit pay and time-off for each holiday listed in Article 11.1 — Holidays. 11.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight (8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that day. Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty(40) hours worked for the workweek. No employee shall be called on a holiday for less than four (4) hours, except those personnel serving Standby Duty. Employees working approximately 50% of their shift on a Holiday will be paid for one day as if the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on the Holiday. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months' employment, shall be entitled to and receive vacations with pay as follows: 1st throu h 3rd year of employment 96 hours 411 through 7tn year of employment 120 hours 81h through gtn year of employment 144 hours 10th through 11th year of employment 160 hours 121h through 141h year of employment 176 hours 15th through 16th year of employment 184 hours 171h through 19th year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 28 With the exception of promoted employees, vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they have successfully completed their initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6)month probationary period shall not be paid for any vacation leave accrued during the probationary period. For Regular and Temporary full-time or Regular and Temporary part-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Whereas the Union and the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer, and provided that leave requested does not prevent a Division, thereof, from providing efficient public service. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. If an approved holiday occurs within the approved vacation leave period, such day shall be charged as holiday leave rather than vacation leave. Employees shall have the option of using comp time or vacation leave for approved paid time off. If transfer occurs to another division, any scheduled vacation time would be honored. It is understood that vacation requests are considered in view of the operational needs of the County and Courts, and must be agreed upon by the Administration and employee. Employees within their division will be allowed to pre-select their vacations, as follows: a) One vacation seniority list will be posted for District Court Probation employees and one vacation seniority list for Juvenile Court Probation employees by January 1 st of each year, and shall be for the vacation period starting February 15th of the current year through February 14th of the following year. b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in Round-One from either: A) up to one, two-week period; or B) up to two, one-week periods. A second and any subsequent rounds, if needed, shall be allowed on the same basis after completion of the previous round. These requests will be provided to the Administrator or his/her designee no later than February 15 of each year. c) After the selection process is closed, staff may request a change to the posted schedule only for their approved time; such employee, however, will not have the right to "bump" `AL 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 29 another staff from their approved time. d) Requests outside the vacation selection period (January 1 — February 15) will be considered in view of the operational needs of the County and Court on a first-come, first-serve basis, and must be agreed upon by the Administration and employee. e) A request for vacation exceeding two consecutive weeks (10 working days) may be approved by the Administration for extenuating circumstances and with sufficient advance knowledge to ensure adequate staffing. f) Written approval of a vacation request is advised before an employee purchases tickets or pays for accommodations. 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Division wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time employee by resignation (with ten (10)working days' notice), retirement, layoff, dismissal or death, the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four-hundred (400) hours of vacation leave. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten (10)working days written notice is not provided or waived. When an employee's employment terminates or an employee moves from full-time to extra help employment, the employee shall be paid in full for all accrued vacation leave provided they have successfully passed their 6-month probation period leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. ARTICLE 13 - SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 30 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty(30)days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty(30)days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04. 13.4 COORDINATION -WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. Time missed from work that is due to Worker's Compensation claims will be considered as time worked for employee's paid Health and Welfare and Vacation purposes up to one (1) year. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 31 b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. e. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, the words "annual leave" may be substituted for"sick leave" above. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for "immediate family" as defined in article 1.7. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 14— LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. t 071111UYl 1AL 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 32 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). 14.4 BEREAVEMENT Employees will be provided up to three (3) days of paid bereavement leave in the event of the death of an immediate family member. A day of bereavement leave shall be in accordance with the employee's regularly scheduled workday. Immediate family includes only persons related by blood or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are: wife, husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in- law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement leave will not be deducted from the accrued sick/vacation time. Upon request, two(2)days of accrued sick leave shall be granted. Additional time off may be requested and charged to comp time, floating holiday or vacation leave, as approved by the Elected Official/Department Head. 14.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY If a medical leave of absence without pay is granted, the employee shall have return rights to his/her previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position(a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 8, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 33 If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 PAID FAMILY& MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04. 14.10 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The parties acknowledge that RCW 50B.04.080 requires premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual's wages at the current rate set in accordance with RCW 50B.04.080. An employee may apply for a premium exemption in accordance with RCW 50B.04.085. The parties agree that January 1, 2022, deductions will commence at the rate of fifty- eight hundredths of one percent (0.0058%) of the employee's wages in accordance with RCW 50B.04.080 and such, or similar language will be included in the ratified agreement. ARTICLE 15— HEALTH &WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as below, per employee per month toward the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. For the Probation division, this contribution is to be applied to premiums for Public Employee's Benefits Board (PEBB), and current County dental, vision, and life insurance plans. The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or equivalent basic life insurance program) in life insurance the monthly premium for each employee compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 34 The County contribution for Health & Welfare Insurance shall be: A. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty-two dollars ($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2022 the contribution shall be increased to one thousand and four hundred and fourteen dollars ($1414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2023 the contribution shall be increased to one thousand and four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. If any other bargaining unit or group of employees receives contributions greater than the above amounts the members of this bargaining unit will also receive those increased amounts on the same effective dates. In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program (EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees The County shall provide for all employees, under this agreement, to receive all three shots in the hepatitis series and follow-up tests, along with an annual TB test. 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. ARTICLE 16 - TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. All employees will be paid at the appropriate rate for taking County sponsored training. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 35 Juvenile Probation Officers will be required to successfully complete the Juvenile Corrections Personnel Academy - Probation (JCPA-PRB) when scheduled by the management in order to maintain full-time employment. As required by WAC 139-10-210, Adult Probation Officers must successfully complete the Washington State Misdemeanant Probation Counselor's Academy (WSMPCA) within their probationary period. The probationary period may be extended for the purposes of successfully completing the required training. Employees will be given one opportunity to successfully complete the WSMPCA, except if there is good cause authorized the by the Elected Official/Division Head to be given additional opportunities to successfully complete the WSMPCA. The Employer will pay for costs associated with the WSMPCA for the first opportunity. In the event an employee does not successfully complete the WSMPCA on the first opportunity, and is authorized an additional opportunity for good cause by the Elected Official/Division Head, the employee will be responsible to pay to attend WSMPCA. In the event the training is not successfully passed on the first opportunity, employment shall be immediately terminated, except for good cause as authorized by the Elected Official/Division Head. 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA). The County will reimburse the costs of all physical examinations required to attend the Criminal Justice Training Commission as a condition of continuing employment. ARTICLE 17— LABOR/ MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to three(3)members from the Bargaining Unit and the Union staff representative, and up to three (3) members from the Employer and a representative from Human Resources. The committee will meet from time to time, upon the request of either party, during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer and a minimum of three (3) representatives appointed by Local No.252, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 36 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. ARTICLE 18— HEALTH & SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time, the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 37 ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the Division Manager or Designee. The Division Manager or Designee may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the Division Manager or Designee shall respond to the grievance within ten (10)calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at step 2. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Article(s) and Section(s) of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Juvenile Court Administrator or District Court Administrator within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Administrator shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Administrator shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Manager within ten (10)calendar days of the date of the written response at Step 2. Within ten (10)calendar days of receipt of the grievance, the Human Resources Manager or designee shall schedule a 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 38 meeting with the employee, Union Steward/Union Representative, District Court Administrator, and the Juvenile Court Administrator(or designee) to hear and seek to resolve the grievance. The Human Resources Manager shall provide a written answer to the employee, Union Steward/Union Representative, and Juvenile Court Administrator within fourteen(14)calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14)calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. The specific details of the incident or issue giving rise to the grievance; 2. Article(s)and Sections (s)of the Agreement allegedly violated; 3. Copies of the Step 2 and 3 responses to the grievance; 4. Remedy sought. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer, which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross-examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 39 E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. F. The arbitrator's decision shall be made in writing and shall be issued to the parties within a reasonable timeframe after the date of the arbitration hearing or after receipt of the parties' post hearing briefs are submitted to the arbitrator. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: ❖ Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. ❖ Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. ❖ Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage ARTICLE 20 - NO STRIKE/NO LOCKOUT 20.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 40 ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically modified by this Agreement, including amendments, the County—acting through the Board of Commissioners on issues regarding economic matters, and the Mason County Superior Court and Mason County District Court —acting on issues regarding non-economic matters, retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy whether exercised or not. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. Furthermore, the County and the Courts reserve all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the workforce toward the organizational goals of the Mason County government. B. Determine the organization and merits, necessity and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and numbers of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Reduce staff or reduce working hours due to a lack of work or lack of funds. I. Take all actions necessary to carry out the mission of the Court in County emergencies. Casework/Workload Management: A. Management shall have the right to assist, supervise, complete, and retain authority over any case. Further, management shall have the right to supervise and/or conduct boards, meeting, or training sessions for and with Probation Staff and clients (those being supervised) provided no reduction in staff occurs as a result of the exercise of these rights. B. Management shall have the right to cross-train employees in all areas. Further, management shall have the right to assign staff to fill any vacant position, with consideration of seniority and training, in order to meet the needs of the community and the office. Volunteers: A. Management shall have the right to train and utilize volunteers, to support bargaining unit work, in Community Accountability Boards (CAB), Truancy Boards, Restorative Justice Boards, Guardian ad Litem work and in any other area specifically authorized by statue or code provision, provided there is no displacement of bargaining unit work or positions. Management has the right, under the direction of bargaining unit members, to acquire volunteers to assist in Guardian ad Litem work. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 41 B. Management shall have the right to establish other volunteer programs which support and assist existing Bargaining Unit work. ARTICLE 22 - GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23— ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall become effective upon the signing of the Agreement-and shall remain in effect through December 31, 2023. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 42 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Day of , 2021. MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS cw"&e� Monty Cobb; Randy Neatherlin; Commissioner JUDGE OF T IOR C District#1 Amber inlaVE / Kevin Shutty; Commissioner JUDGE OFPERIOR COURT District#2 D ood II; Sharon Trask; Commissioner JUDGE OF S ERIOR COURT District#3 George A Steele; JUDGE OF THE DISTRICT COURT 4jx�__ J m Madsen; HI F UPERIOR COURT ADMINISTRATOR Patsy Robinson; ADMINISTRATOR MSTERS LOCAL No. 252 h di Cardin; u iness Agent TEAMS S LOCAL No. 252 Brian Blaisdell; Secretary-Treasurer 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 43 Appendix A — Job Classifications & Wage Table Effective January 1, 2021 —Advancement from one step to the next is annual and on the employee's a iversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Office Tech $3,413.08 $3,498.40 $3,585.86 $3,675.51 $3,767.40 $3,861.58 $3,958.12 $4,087.50 Accounting Tech $4,132.85 $4,299.71 $4,401.22 $4,507.91 $4,619.31 $4,731.84 $4,850.15 $5,008.68 Administrative $4,249.54 $4,421.11 $4,526.67 $4,636.88 $4,749.40 $4,868.99 $4,990.71 $5,153.85 Asst. Asst.Probation $3,814.05 $3,968.05 $4,063.58 $4,164.38 $4,264.01 $4,367.22 $4,476.40 $4,622.73 Officer Probation Officer $4,626.10 $4,812.87 $4,921.76 $5,047.20 $5,172.64 $5,299.25 $5,431.72 $5,609.27 Lead Probation $5,088.71 $5,294.15 $5,413.93 $5,551.93 $5,689.92 $5,829.22 $5,974.96 $6,170.27 Officer Court Program $5,088.71 $5,294.15 $5,413.93 $5,551.93 $5,689.92 $5,829.22 $5,974.96 $6,170.27 Coordinator Effective January 1, 2022 —Advancement from one step to the next is annual and on the employee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Office Tech $3,438.68 $3,524.64 $3,612.75 $3,703.08 $3,795.66 $3,890.54 $3,987.81 $4,118.16 $4,221.11 Accounting Tech $4,163.85 $4,331.96 $4,434.23 $4,541.72 $4,653.95 $4,767.33 $4,886.53 $5,046.25 $5,172.40 Administrative $4,281.41 $4,454.27 $4,560.62 $4,671.66 $4,785.02 $4,905.51 $5,028.14 $5,192.50 $5,322.32 Asst. Asst.Probation $3,842.66 $3,997.81 $4,094.06 $4,195.61 $4,295.99 $4,399.97 $4,509.97 $4,657.40 $4,773.84 Officer Probation Officer $4,660.80 $4,848.97 $4,958.67 $5,085.05 $5,211.43 $5,338.99 $5,472.46 $5,651.34 $5,792.62 Lead Probation $5,126.88 $5,333.86 $5,454.53 $5,593.57 $5,732.59 $5,872.94 $6,019.77 $6,216.55 $6,371.96 Officer Court Program $5,126.88 $5,333.86 $5,454.53 $5,593.57 $5,732.59 $5,872.94 $6,019.77 $6,216.55 $6,371.96 Coordinator Effective January 1, 2023 —Advancement from one ste to the next is annual and on the employee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Tech $3,473.06 $3,559.88 $3,648.88 $3,740.11 $3,833.61 $3,929.45 $4,027.68 $4,159.34 $4,263.32 $4,413.61 Accounting Tech $4,205.49 $4,375.28 $4,434.23 $4,587.14 $4,700.49 $4,815.00 $4,935.40 $5,096.71 $5,224.12 $5,408.27 Administrative $4,324.22 $4,498.81 $4,560.62 $4,718.38 $4,832.87 $4,954.57 $5,078.42 $5,244.43 $5,375.54 $5,565.03 Asst. Asst.Probation $3,881.09 $4,037.79 $4,094.06 $4,237.57 $4,338.95 $4,443.97 $4,555.07 $4,703.97 $4,821.58 $4,991.54 Officer Probation Officer $4,707.41 $4,897.46 $4,958.67 $5,135.90 $5,263.54 $5,392.38 $5,527.18 $5,707.85 $5,850.55 $6,056.78 Lead Probation $5,178.15 $5,387.20 $5,454.53 $5,649.51 $5,789.92 $5,931.67 $6,079.97 $6,278.72 $6,435.68 $6,662.54 Officer Court Program $5,178.15 $5,333.86 $5,454.53 $5,649.51 $5,789.92 $5,931.67 $6,079.97 $6,278.72 $6,435.68 $6,662.54 Coordinator 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 44 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Nichole Wilston Action Agenda x Public Hearing Other DEPARTMENT: Risk Management EXT: 643 COMMISSION MEETING DATE: Agenda Item # Commissioner staff to complete) BRIEFING DATE: 9/20/2021 BRIEFING PRESENTED BY: Nichole Wilston [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to place on the September 28, 2021 Action Agenda, amendment of Resolution 73-03 to change the county agent designated receive claims for damages from the Clerk of the Board to the designated Risk Manager. Background: Currently, per Resolution 73-03, claims for damages are received by the Clerk of the Board and then forwards the claim to the Risk Manager. There is no legal requirement or logistical need for the Clerk of the Board to receive claims for damages and subsequently this delays the claims process. By amending the resolution to designate the Risk Manager to receive claims will assist in a more timely and efficient process. RECOMMENDED ACTION: Approval to place on the September 28, 2021 Action Agenda, amendment of Resolution 73-03 to change the county agent designated receive claims for damages from the Clerk of the Board to the designated Risk Manager. Attachment: Proposed Amended Resolution 73-03 RESOLUTION NO. A RESOLUTION AMEDNING RESOLUTION NO. 73-03 DESIGNATING THE RISK MANAGER TO RECEIVE CLAIMS FOR DAMAGES SERVED UPON MASON COUNTY WHEREAS, RCW 4.96 requires each local governmental entity to designate an agent to receive any claim for damages made under said chapter, and WHEREAS, in accordance with State Statute, the County desires to designate its Risk Manager as the designated agent for service of claims for damages arising out of the tortious conduct of the County, or its officers, employees, or volunteers, acting in such capacity, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS of Mason County HEREBY RESOLVES AS FOLLOWS: Section 1. The Risk Manager is hereby designated as the agent to receive any claim for damages made under RCW 4.96. Section 2. The Risk Manager may be reached during the normal business hours of the County, Monday through Friday, 8:00 a.m. to 5:00 p.m., at 423 N Fifth Street, Shelton, Washington. Section 3. If the Risk Manager is not available during normal business hours, the Risk Manager's designee is designated as the agent to receive claims for damages. Section 4. All claims for damages against the County made pursuant to RCW 4.96 shall be presented to said agent within the applicable period of limitations within which an action must be commenced. Said claims shall not be effective unless delivered to the agent or designee as specified in this Resolution. Section 5. The Risk Manager is hereby directed to record a copy of this Resolution with the Mason County Auditor. Section 6. This resolution shall take effect and be in force immediately upon its adoption. ADOPTED: Page 1 of 2 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Sharon Trask, Commissioner Prosecuting Attorney Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: September 28, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: September 20, 2021 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to pay Nichole Wilston, Risk and Safety Compliance Manager, 10% Lead Pay effective September 1, 2021; pay Carl (Bud) Olson, Parks Department, 10% Lead Pay effective September 16, 2021 and pay Tammi Wright, Emergency Management, 10% Lead Pay effective September 16, 2021 until the management position(s) are created and filled. Background: An employee who has been assigned to perform all of the significant duties of a higher level job classification, due to the absence of the employee who normally holds that position, and who performs such duties for five (5) or more consecutive days, shall be compensated on that step of the salary range of the higher job class that provides at least a five (5) percent increase over their (the employee working out of class) current rate of pay. The Human Resources and Emergency Management/Parks/IT Manager positions are currently vacant. It is anticipated these positions will be filled after the new County Administrator is hired. In the meantime, existing staff will be paid Lead Pay. Budget Impacts: 2021 budgets can absorb the increases RECOMMENDED ACTION: Approval to pay Nichole Wilston, Risk and Safety Compliance Manager, 10% Lead Pay effective September 1, 2021; pay Carl (Bud) Olson, Parks Department, 10% Lead Pay effective September 16, 2021 and pay Tammi Wright, Emergency Management, 10% Lead Pay effective September 16, 2021 until the management position(s) are created and filled Attachment(s): Special Pay Form TEMPORARILY WORKING IN A HIGHER CLASS/ '854 OUT OF CLASS/LEAD PAY - REQUEST FORM ®Out of Class Pay ❑Lead Pay El Working in a Higher Class All out of class, lead,or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners,prior to the assignment of additional duties. Employee Name:Nichole Walston Employee JobTitle: Risk and Safety Compliance Manager Department:HR Please insert the lead,out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: N/A What specific job duties this employee will be performing outside of their current position description and for how long: Will be handling all employee investigation, grievance, collective bargaining, and personnel issues until the new HR Administrator position is filled. Attached is the position description of the HR Administrator and Nichole's current position description. Effective Date:9/1/2021 End Date:When HR Administrator position is filled. *Attach a copy of the employee's current position description* Manager/Supervisor of Department Signature: Date: Department Head/Elected Official Signature: Date: Support Services Director Signature: Date: BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll TEMPORARILY WORKING IN A HIGHER CLASS/ OUT OF CLASS/LEAD PAY - REQUEST FORM El Out of Class Pay BLead Pay ❑ Working in a Higher Class All out of class, lead, or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners, prior to the assignment of additional duties. Employee Name:Carl Olson Employee Job Title:Maintenance IV Department: Parks and Trails Please insert the lead, out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: n/a What specific job duties this employee will be performing outside of their current position description and for how long: Managing budgets, day to day operations of all parks and supervise staff Effective Date:09/16/2021 End Date:Until vacated manager posiiton is filled. *Attach a copy of the employee's current position description* Manager/Supervisor of Department Signature: Date: Department Head/Elected Official Signature: Date: Support Services Director Signature: Date: BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll TEMPORARILY WORKING IN A HIGHER CLASS/ OUT OF CLASS/LEAD PAY - REQUEST FORM ❑Out of Class Pay 8 Lead Pay ❑ Working in a Higher Class All out of class, lead, or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners,prior to the assignment of additional duties. Employee Name:Tammi Wright Employee Job Title: Dept of Emergency Management Department:DEM Please insert the lead, out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: What specific job duties this employee will be performing outside of their current position description and for how long: Managing grants, budgets, day to day operations, supervising staff Effective Date:09/16/2021 End Date:Until vacated manager posiiton is filled. *Attach a copy of the employee's current position description* Manager/Supervisor of Department Signature: Date: Department Head/Elected Official Signature: Date: Support Services Director Signature: Date: BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Hearin DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 28, 2021 Agenda Item #8 i0 BRIEFING DATE: September 20, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Application for Orchard Beach Community Group Water System — Set Hearing EXECUTIVE SUMMARY: Erica Aust, the Vice President for Orchard Beach Community Group has applied for a franchise renewal to construct, operate and maintain their water system along Orchard Beach Drive. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover their water system along the Orchard Beach Drive. BUDGET IMPACT: Application is not considered new and applicant has paid the $300 renewal of their respective franchise. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, October 26, 2021 at 9:15am to consider approving the franchise agreement between Mason County and Orchard Beach Community Group to construct, operate and maintain their water system along the Orchard Beach Drive. Attachments: 1. Franchise agreement application (Exhibit B franchise area) 2. Notice IN THE MATTER OF THE APPLICATION OF ORCHARD BEACH COMMUNITY GROUP FOR A FRANCHISE PERMIT TO CONSTRUCT,OPERATE,AND MAINTAIN ORCHARD BEACH COMMUNITY GROUP UTILITY FACILITIES,OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY,WASHINGTON Application of(Name of Operator) ORCHARD BEACH COMMUNITY GROUP doing business in Washington as ORCHARD BEACH COMMUNITY GROUP , with its principal offices located at 1217 SW ORCHARD sT, sEATTLE WA 98106 by and through(person authorized to actforandon behalfofapplicant) Eritfa E.Aust,Vice-President(OBCG) , for a franchise to construct, operate and maintain(description of type) easement utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of 20 , at the hour of , under the provisions of RCW 36.55,RCW 80.32.010 and RCW 80.36.040,and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times)from and after the date of the entry of this order for the purposes,at the location(s),and upon the express terms and conditions as described herein. L DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual'),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. H. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise Area identified in attached Exhibit`B",for the purpose of installing, constructing, maintaining,repairing,replacing, adjusting,relocating and operating the utility 1 facilities,which grant shall be limited to the following described purposes): constructing, operating and maintaining a community water system Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work')to install,construct,maintain repair,replace adjust, connect, disconnect,rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge,or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction ofthe County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property,and the Franchisee,upon demand,shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that, with regard to Work within the road rights-of- way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road,including right-of-way or easement lines;relationship to currently planned 3 road revisions,if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private, drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time,place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order the Franchisee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show (1)the nature of the work being performed; (2)where it is being performed; (3)its estimated completion date;and(4)progress to completion. 4 I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement,Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee, its contractor, agents and/or employees, that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Franchisee,and/or its contractor, agents and/or employees, on the County's property, (2)any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3)any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.1). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers,employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers,employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as describedbelow,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover 5 scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property, the Franchisee shall leave such trenches,ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of- way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation,shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work,comply with the following requirements: A. The Franchisee shall, by a time specified by the County,protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the"public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its 6 contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight(48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect,support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall, after 30 days' advance written notice, take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service, or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or unless the Franchisee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection,support,temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to 7 assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road,right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30)days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated,and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI.FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area,adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs,including defense costs, and losses and damages resulting from personal injury, bodily injury and death,property damage,products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee,its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above, shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter,and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. 9 The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of'W'or better in the latest edition of `Best's Key Rating Guide' published by A.M. Best Company, or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17 deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include areasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein,if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. 10 B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances,including, by way of example,but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or cash deposit as described below,may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes,but is not limited to, its obligations to relocate or remove its facilities,restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way, the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities, and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period 11 ending not more than one year after the date of completion.. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and,when required,a payment bond,maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees")for,from and against any and all claims,liabilities,fines,penalties,cost, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind,or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to(in whole or in part): 1. this franchise; 2.any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of--way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. 12 Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to,attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments. and amounts paid in satisfaction of judgments.. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety(90)day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations,repairs,maintenance,etc., the same as the county may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns ofthe Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereofa which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance 13 certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads,rights-of-way or other county property as designated in this franchise,by reason ofthe subsequent incorporation of any town or city,or extension of the limits of any town or city,shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance, and the County's failure to enforce shall not constitute a waiver of rights or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter,upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be alien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for 14 Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses,including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall.not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIH. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason.In the 15 event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. M. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court,provided,however,that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. D.Atoorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in 16 address. Franchisee: ORCHARD BEACH COMMUNITY GROUP 1217 SW ORCHARD ST SSA E, WA 98 06 Attn: J MES L.ODM SEC/TRE Grantor: County of Mason Public Works 100 Public Works Drive Shelton,WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given,inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. 17 L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this. franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of.Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation,all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs, Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee, The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on.the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to 18 Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination,revocation or forfeiture of the franchise,except to the extent that a County-approved transfer,sale,or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise, Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject;and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution,delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY,WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 19 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06,effective November 14, 2006. I, Erika E. Aust , am the Vice-President of Orchard Beach Community Group and am the authorized representative to accept the above-referenced franchise on behalf of Orchard Beach Community Group . I certify that this franchise and all terms and conditions thereof are accepted by Orchard Beach Community Group , Without qualification or reservation. DATED this 8th day of September ,2021 . FRANCHISEE By: Z2'-r� Its: ice-President Tax Id. No. 91-0982163 STATE OF ss. COUNTY OF (ems +r► ) I certify that I know or have satisfactory evidence that 1r i A is the person who appeared before me,and said person acknowledged that he/ signed this instrument,on oath stated that he/Oi was authorized to execute the instrument and acknowledged as the Vi v: P Y,etS%t 44+ of the ayLV_r rd Re" Gv6q to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 61 +Zty Z I NOTARY PUBLIC Notary AAblic STSM OF V06SH OGTON Print Name MEGM © wswTH My commission ex ores 5 (za I2b2 3 Lit . 0-208048 MAY 20 2o23 A EXHIBIT B Description of Franchise Area Pa el#221 5 1 A y e � r a a' o ; xhibit B Description of Franchise Area B RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: ORCHARD BEACH COMMUNITY GROUP Legal Description of Benefited Property Legal Description: MADINGS ORCHARD BEACH BLK:A LOT:6-A*DOR#13076-001* Assessor's Tax Parcel ID#: 22127 50 01901 I NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at http•//masonwebtv.com/on Tuesday,October 26, 2021 at 9:15am. SAID HEARING will be to consider the franchise agreement with Orchard Beach Community Group to construct,operate and maintain their water system along Orchard Beach Drive. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website—www.co.mason.wa.us to sign into the meeting. Please use the"raise hand"feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithkco.mason.wa.us or mail to Commissioners Office, 411 North 501 Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 -Shelton, (360)482-5269 -Elma or(360) 275-4467 -Belfair, Ext. 419 DATED this 28 h day of August 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal-Publ 2t: 10/7/21 & 10/14/21 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 10/11/21 (Bill Public Works— 100 W Public Works Drive, Shelton,WA 98584) Thurston/Mason Developmental Disabilities Community Project Grants Review Panel 412 Lilly Rd. N.E. Olympia, Washington 98506-5132 September 28, 2021 Dear Review Panel, Today, we are writing in support of The Arc of the Peninsulas and its submitted proposal to provide continued and expanded services to the resident's Mason County. We hope our support of The Arc's proposal will assist in making a funding determination to support critical services in Mason County. Over the past several years, Mason County has worked to increase access to programs and services for our vulnerable residents, including those with intellectual and developmental disabilities (IDD). We rely on strong partners to deliver these services and believe having localized service is vital to consistent and effective programming for the roughly 150 Mason County residents with an IDD diagnosis. The Arc of the Peninsulas has stepped up to compliment already established programs and we are supportive of seeing their work both continue and expand in Mason County and believe they are well- positioned to do so based on their organizational capacity and commitment to serving vulnerable populations. Fulfilling their funding request will help strengthen our local safety net for the IDD community, especially as we hopefully begin to enter our COVID-19 recovery phase. If Mason County can be of further assistance, please do not hesitate to contact us. We appreciate the important work being done in our community and stand ready to support it in any way. Kindest regards,