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2020/10/19 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF October 19, 2020 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. 00 1854 ;;'` Pursuant to Proclamation by the Governor 20-28.11, in-person attendance to Commission meetings is temporarily restricted. Our Commission meetings are live streamed at htip://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5t' Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of October 19, 2020 Monday - Friday 8:00 A.M. COVID-19 Coordinators Briefing* Public Works Meeting Room A 100 Public Works Way Noon WA State Association of Counties Zoom Meeting* Coronavirus Relief Funding *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, October 19, 2020 Times are subject to change, depending on the amount of business presented 9:00 A.M. Support Services — Frank Pinter 9:30 A.M. Community Services/Support Services — Dave Windom/Frank Pinter Discussion of Housing Authority 9:50 A.M. Community Services — Dave Windom 10:20 A.M. Economic Development Council —Jennifer Baria 10:45 A.M. Mason Transit Authority— Danette Brannin 10:50 A.M. Public Works — Loretta Swanson Utilities &Waste Management 11:30 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion Commissioner Discussion Board of Mason County Commissioners' Briefing/Budget Workshops October 19, 2020 2021 Budget Workshops Zoom meeting https://zoom.uslj/95830763594 Times are subject to change, depending on the amount of business presented Monday, October 19 2:00 p.m. Community Development— Dave Windom 2:30 p.m. Support Services — Frank Pinter 3:00 p.m. Public Works/Utilities — Loretta Swanson 4:00 p.m. Review of 2021 budget requests to date Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 10/15/20 at 2:12 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. Mason County Support Services Department Budget Management C�� th Commissioner Administration 411 North 5 Street Emergency Management 4' Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations " gr Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES October 19, 2020 • Specific Items for Review o Schedule 2021 Budget Hearings—November 24, 9:15 a.m.—Adopt Resolution for Substantial Need/Banking Capacity; adopt 2021 Levies; Monday, December 7, 9 a.m.—2021 Budget Hearing— Jenn o Final 2020 budget hearing will be December 8—Jenn o Review of September 2020 financial statements-Jenn o COVID funding distribution review—Frank o Counter offer on Lake Boulevard—Frank o Reclass request from Public Works/Utilities— Dawn o Labor contract for Family/Community Health—Dawn 0 2020 PEBB members medical contribution - Dawn o 2021 Medical Contributions—Dawn o Replacing Parks Department Kubota tractor and attachments—Ross o Homeland Security Grant—Ross o Lodging Tax Advisory Committee recommendations- Diane • Commissioner Discussion o $5,000 annual contribution to Gorst Coalition —Cmmr. Neatherlin J:\DLZ\Briefing Items\2020\2020-10-19.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: ITEM: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2021. An increase to the Current Expense and Road property tax levies for 2021 may be considered. EXECUTIVE SUMMARY: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. RECOMMENDED OR REQUESTED ACTION: Approval to set a public hearing on November 24t", 2020 at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2021. An increase to the Current Expense and Road property tax levies for 2021 may be considered. J:\Budget Adoption Info\202 1\2021 Agenda Items&Resolutions\Briefing Summary 10.19.2020-Levies.doc I MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: ITEM: Approval to set a public hearing on Monday, December 7, 2020, at 9:00 a.m. to consider adoption of the 2021 budget for Mason County. Copies of the 2021 preliminary budget will be available to the public on November 23, 2020. EXECUTIVE SUMMARY: Pursuant to RCW 84.52.070, the Commissioners must hold a public hearing on the 2021 Preliminary Budget to allow taxpayers to ""appear and be heard for or against any part of the budget". The public hearing also allows county departments to publicly testify if they so desire. RECOMMENDED OR REQUESTED ACTION: Approval to set a public hearing on Monday, December 7, 2020 at 9:00 a.m. to consider adoption of the 2021 budget for Mason County. Copies of the 2021 preliminary budget will be available to the public on November 23, 2020. J:\Budget Adoption Info\202 1\2021 Agenda Items&Resolutions\Briefmg Summary 10.19.2019-2021 Budget.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: ITEM: Two resolutions making a declaration of substantial need for purposes of setting the limit factor, one for the Current Expense and one for the County Road property tax levy for the year 2021 EXECUTIVE SUMMARY: As of August 27, 2020, the rate of inflation on the implicit price deflator (IPD) for personal consumption expenditures over the past 12 months is 0.60152%. This means that Mason County, because its population is greater than 10,000, will need to adopt a resolution of substantial need in order to increase our levies over last year's up to the 1% maximum as allowed by statute (RCW 84.55.005) or to bank this capacity for future use. BUDGET IMPACTS: With the Resolution(s) for substantial need, the Board will be able to increase the levies over last year by 1%, instead of 0.60152%, a difference of 0.39848% RECOMMENDED OR REQUESTED ACTION: Approval to place on the next scheduled Board meeting Agenda, Resolutions making a declaration of substantial need for purposes of setting the limit factor for the Current Expense and County Road property tax levies for the year 2021 ATTACHMENTS: Draft Resolution — Current Expense declaration of substantial need Draft Resolution — County Road declaration of substantial need MRSC Article, Implicit Price Deflator Falls Below 1% J:\Budget Adoption Info\2021\2021 Agenda Items&Resolutions\Briefing Summary 10.19.2020-Declaration of Substantial Need.doc RESOLUTION NO. A RESOLUTION OF THE BOARD OF MASON COUNTY COMMISSIONERS, MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE CURRENT EXPENSE PROPERTY TAX LEVY FOR THE YEAR 2021 WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts resulting from new construction and improvement to property, newly constructed wind turbines, and any increase in the value of state-assessed property; WHEREAS, RCW 84.55.005 (2) (c),the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation; WHEREAS, RCW 84.55.005 (1) defines "inflation" as the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12-month period by the Bureau of Economic Analysis of the federal Department of Commerce in September of the year before the taxes are payable; WHEREAS, "inflation"for August 2020 is 0.60152 percent and the limit factor is 100.60152 Percent; WHEREAS, RCW 84.55.0101 provides for use of a limit factor of 101 percent or less with a finding of substantial need by two-thirds of the members when the board consists of four members or less; WHEREAS,the Board of Mason County Commissioners finds that due to increased operating costs there is-a substantial need to set the levy limit at one hundred one percent. NOW THEREFORE,the Mason County Board of Commissioners of the Current Expense Taxing District of Mason County, Washington, does hereby resolve that a finding is made of substantial need under RCW 84.55.0101, which authorizes the use of a limit factor of 101 percent for the Current Expense property tax levy for 2021. Approved this . day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner C:All Mason County Departments RESOLUTION NO. A RESOLUTION OF THE BOARD OF MASON COUNTY COMMISSIONERS, MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE COUNTY ROAD PROPERTY TAX LEVY FOR THE YEAR 2021 WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts resulting from new construction and improvement to property, newly constructed wind turbines, and any increase in the value of state-assessed property; WHEREAS, RCW 84.55.005 (2) (c),the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation; WHEREAS, RCW 84.55.005 (1) defines "inflation" as the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12-month period by the Bureau of Economic Analysis of the federal Department of Commerce in September of the year before the taxes are payable; WHEREAS, "inflation"for August 2020 is 0:60152 percent andr the limit factor is 100.60152 Percent; WHEREAS, RCW 84.55.0101 provides for.use of a.limit factor of 101 percent or less with a finding of substantial need by two-thirds of the members when the board consists of four members or less; WHEREAS,the Board of Mason`County Commissioners finds that due to increased operating costs there is a substantial need to set the levy limit at one hundred one percent. NOW THEREFORE, the Mason County Board of Commissioners of the County Road Taxing District of Mason County, Washington, does hereby resolve,that a finding is made of substantial need under RCW 84.55.0101, which authorizes the use of a limit factor of 101 percent for the County Road property tax levy for2021. Approved this day of , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty,Commissioner C:All Mason County Departments ;;4p M R'S C Local Gove7' merit Success Implicit Price Deflator Falls Below 1% August 31,2020 by Toni Nelson Category:Economic, Population and Historical Tax Data As local governments across the state Personal • -D look to set property tax levies for next year's budget, recent news regarding 5?' =•sz� economic factors such as gross 4% domestic product(GDP), personal 2.755 A 2,169 consumption expenditures (PCE) and 1539 1.591 5 _ 1.41 the implicit price deflator(IPD) reflect 2.0 _.295 1.314 2.OM 953 1;0 ,.......... ,,_,,,;,,.,,,.,,,,,,,......... .......... .................... .. additional information that will need kl.6fl152 to be considered during the 03ae -0.251 annual/biennial budget process.This "1% .0,84S blog provides an update of the latest .2 a economic data and considerations 2 2007 2M 2009 2410 2011 2012 2013 2024 2015 2015 2017 2018 029 2020 needed for setting property tax levies for 2021. The News on the I PD Only a few weeks ago we published Budget Suggestions 2021,and at the time of publication,the Bureau of Economic Analysis (BEA) had not yet published personal consumption expenditures (PCE)for the first estimate of the second quarter of 2020, nor had it released the annual updates to the National Income and Product Account (NIPA) tables.These annual updates frequently result in revisions to previously released PCE numbers and the resulting IPD calculations,which are historically within a'couple of percentage points. However,the results of this year's NIPA update when coupled with the July release of the first estimate for the second quarter of 2020 (that include the beginning of the economic impacts of COVID-19) reflects a decline in the GDP of-32.9%,an increase in PCE of 5.6%,and an affirmation of the continued downward trend in PCE for 2020.The results of this data coupled with the BEMs August 27, 2020 release of the second estimate for the second quarter PCE data equates to an IPD of 0.60152%. Now you may be asking why we are releasing this information now? Our desire to provide you with advanced notice on the IPD—which will be used for setting your property tax levies in 2021—is twofold. • One:We have realized for the past few years that the BENs release in September for PCE generally falls after the statutory date of September 25. Our past practice was to wait until the Department of Revenue (DOR) released its notice so that the release was concurrent.While the DOR is constrained by statute, our office is not. • Second: Early release of the data will allow local governments the additional time to discuss and prepare the appropriate ordinances and/or resolutions to set your 2021 levy this year,and, if needed,to include an ordinance/resolution for substantial need. The next release by the BEA will be September 30,2020,which is after the statutory requirement(RCW 84.55.005(1)) for determining the rate of inflation on personal consumption expenditures. As of August 27, 2020,the rate of inflation on the.IPD for personal consumption expenditures over the past 12 months is 0.60152%,which means that local governments with populations greater than 10,000 will need to adopt an ordinance or resolution (depending upon your organization) of substantial need if you wish to increase your levy over last year up to the 1% maximum as allowed by statute(RCW 84.55.005) or to bank this capacity for future use. This is the first year since 2016 that the IPD inflation factor has fallen below the 1% inflation mark. From a historical perspective,during the past 10 years the IPD has fallen below 1%two times:in 2015 and 2016. Prior to that,the last time the IPD fell below 1%was during the great recession in 2009. For those of you forecasting biennial budgets,the economic recovery may be prolonged due to the pandemic;therefore,the prosect of the IPD falling below the 1% inflation mark in 2022 is a strong possibility.With such uncertainty in the economy and the prolonged nature of COVID-19, it may be prudent to plan for an ordinance/resolution of substantial need for both years of the biennium. The Economic Outlook The current economic indicators from the BEA,the Washington State Economic and Revenue Forecast Council(ERFC), and others suggest a slow economic recovery.There are other factors beyond the COVID-19 pandemic that may also have impacts on the national economy:This is a general election year,there are trade issues between the U.S.and China,and there are additional concerns with the national debt and the U.S.Treasury. How Is the IPD Calculated? The Washington State Department of Revenue (DOR) calculates the IPD using the most recent numbers reported by the BEA. BEA publishes an estimate of the quarterly IPD numbers on a monthly basis.These quarterly numbers are then seasonally adjusted each year in July.These seasonal numbers form the basis for the prior years IPD personal consumption expenditure number that is used by the Department of Revenue (DOR)for the calculation of inflation for this year's rate. This year,like'most years,the September release falls after September 25.Why should we care about the date? According to RCW 84.55.005,the definition of inflation for setting property tax levies: means the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the bureau of economic analysis of the federal department of commerce by September 25th of the year before the taxes are payable The rate of inflation is calculated by dividing the Quarter 2, 2020 IPD for personal consumption expenditure (seasonally adjusted) by the Quarter 2,2019 IPD number,'subtracting 1.00 and multiplying by 100. Since the BEA's next release will not be until September 30,the August 27, 2020 release is used in this year's calculation.The numbers are as follows: Quarter % Quarter 2,2019 109.722 (seasonally adjusted) Quarter % Quarter 2,2020 110.382 (second estimate,August 2020) Percentage Change for IPD(inflation)=0.60152% What Does It Mean for Local Governments? The only limitation that local government must concern itself with is the 1% levy increase limit set in RCW 84.55.005 (2) (a-c). For many smaller jurisdictions (populations less than 10,000), it will be business as usual,with the ability to adopt a levy that is up to 1%greater than last year plus adding on additional items,such as new construction. For jurisdictions with a population greater than 10,000,there will be additional discussions with the legislative body about the necessity of declaring'substantial need' in order to increase the levy beyond last year for an amount up to the maximum of 1%. it is important to note that all local government entities must still adopt a property tax levy ordinance stating the increase over last year's levy in terms of a dollar amount and percentage.The maximum that you can increase the levy is 1%percent. However,there is one other option that your jurisdiction may wish to consider if the maximum of 1% is not needed and that is the option of banked capacity. The option to bank levy capacity RCW 84.55.092 allows you to bank capacity for the future if the full 1% is not needed for the next budget period. During the levy setting process a local government has the ability to use all, some,or none of this 1%increase over Last year's levy. if your jurisdiction does not need the full 1%for the next budget period than banking your capacity for the future may be an alternate fiscal tool that will provide a future benefit.These decisions are all part of the budget process and will be unique to each jurisdiction. Should you wish to bank capacity for the future,your property tax levy ordinance or resolution must simply state that you are increasing by a percentage less than allowed (for example, 0.5% rather than 1.0%).This will automatically bank your remaining, lawfully allowed capacity for the future. Conclusion With the pandemic showing no significant signs of ending, uncertain economic times,and the normal recurrence of natural disasters such as wildfires, local governments will want to carefully safeguard revenue resources and use all available data to plan a course for the future. My colleague Mike Bailey recent wrote about revenue forecasting with some suggestions on where local governments can find additional data to assist with your budget forecasting and . development process. For detailed information about property tax and other city/county revenues, refer to the Revenue Guides for CitiesiTowns and/or Counties. If you have any questions about this blog post or other budget concerns, let us know.You can use Ask MRSC our online inquiry portal or send me an email at tnelsonemrsc.org. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal,policy, or financial questions. About Toni Nelson Toni worked with many local governments and authored numerous MRSC publications on budgeting, cash basis accounting and reporting,and the application of Washington State B.A.R.S. requirements. During her time at MRSC,she also conducted multiple trainings annually on similar subjects and was consider an expert in small city finance issues. She retired in 2020. VIEW ALL POSTS BYTONI NELSON / ©2020 MRSC of Washington.All rights reserved.Privacy gt Terms. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: September 2020 EXECUTIVE SUMMARY: Review of Cash Balances, and Current Expense Revenues and Expenditures through September 2020. BUDGET IMPACTS: N/A RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: September 2020 7:\Budget office\Briefing,Agenda,&Public Hearing Items\2020\Briefmg Summary 10.19.2020-September 2020 Financial Report.doc 9GN C�b�T SEPTMBER ram.. MASON COUNTY MONTHLY v� 20AA90 FINANCIAL REPORT 1 J:\Financials\2020 Financials\2020 September Financial Report.xlsx MASON COUNTY MONTHLY FINANCIAL ® ® REPORT SEPTEMBER 2019 vs 2020 Current Expense Revenue'Comparison ;.. venue Actual-dif 2019' Revenu Coected d %202Uncolecte vs 202.0 Collected Uncollected' %2019 2020 Budyget Tlrough.End Department,N'=6 2019'Buoget Through End Revenue ; Revenuer , of°.Month. of Month o 20 500 $ 11,937 $ (8,563) 58% $ (10,349) WSU Extension $ 28,440 $ 22,286 $ (6,154) 78% $ , ° 7,000 ', 17,085` 10;085 :. 244%-," 7,668 Assessor 6,000 9417. 3,417;. 157/°. 744,371 495,723 $ (248,648) 67% 1,198,700 1,129,669 $ (69,031) 94% (55,965) Auditor ° 4,968 J59;680) 8% '64,648 Emergency Management 83,207 60,933 (22,500) 0%% 5,275 $ 5,275 0% 4,775 Facilities&Grounds - 500 $ „ _ 0% (2,166) Human Resources, 2,166 2,166 0% - (98,267) 308,8215 285,601 $ (23,224) 92% 328,058 187,334 $ (140,724) 57% (669). Clerk - ,824 669 '(155) 81%- . 0% Commissioners - 227 68% (1,522) Support Services 700 1,995 $ 1,295 285% 602 473 $ ( ) (47 885) 893,787 764,418 (129,369) 86% 978,652 716,533" (262,119) 73% - , District Court. 156,880 Community Development 1,667,810 1,560,427 $ (107,383) 94°% 1,.44,000. 1,717,739 $" (36,261) 18% (23,122) Parks&:Trails 42;200. .,. 30,861 (11,339) 7, 7,344 1,161,972 909,096 $ (252,876) 78% Juvenile Court Services 11026,628 901,752 $ (124,876) 88% 192,951 130,785 (62,166) 68% . 11,198 182;232 119;588 (62,644) . 66% Prosecutor , : . 209,515 153,353 $ (56,162) 73% 57,004 Child Support Enforcement 206,367 96,349 $ (110,018) 47% 35,000 24,640 '(10,36 1) 70% Coroner .39,000 32,020 (6,980) 82% 328 1,166,039 862,331 $ (303,708) 74% 1,126,875 862,659 $ (264,216) 71%. Sheriff ° 204,767., 144,457, (66,310) Indigent Defense .204,767 •. 115,038 (89,729) 56% 68,927 66,722 $ (2,205) 97% 37,188 48,550 29,534 $ (19,016) 61% Family Court. 2,500 1848 (652), 74% 610,884 2,056 $ (323(444) 82%. . . ... 208 Superior Court ,178) 47% 98,308 Therapeutic Court 579,041 189,398 $ (389,643) 33/° - _ 05,6 - Murder Expenditures,' . ° (381,299) Treasurer 24,726,117 18,707,502 $ (6,018,615) 76% 26,348,450 18,326,202 $ (8,022,248) 70% 509,831) i62% 3,956,682, 2,858,367 (1,098,315) 72% • 444,720 In Payments from Oth 3,923,478 2,413,647,7, (1, Totals; $`35,880;883 .$,26,704,001 >;$. (9,176;882);' , " "74%a $.38,351„591' audi a n mark for Mon is 75°0 2 i•X1=innnnia1c\2020 Financials\2020 September Financial Report.xlsx ��o�a Coate• SON COUNTY NT E MONTHLY NTH LY ��P�� B��� MASON■/ • t 54. FINANCIAL REPORT2020 Treasurer Department Receipts 20jo 2020 Budget 2020YTD This Manth. %,2020 Treasurer#001-260.-000 ' 2019 Budget, 2019.,YTD This Month % 10,383,385 6,121,843REAL&PERSONAL PROPERTY TAXES 10,169,566 6,082,021 158,430 602,114 p° / „19467 218 0%SALES TAX TITLE-PROPERTY ,' 671,555 81%5,225,000 4,450,596 576,325 856,000,000 4,874,269 LOCAL RETAIL SALES&USE TAX 4,077 97%'. . - 37,000 37,818. 4,435 102% 37,000 .36,025, LOCAL PUBLIC SAFETY-CITY'. 77,923 99% 600,000 567,633 71,365 95% 600,000 595,973 CRIMINAL JUSTICE _ 1 _ 35,000 17;930 0 51% 35;000 20;33 0 •, 58% LEASEHOLD EXCISE TAX 0 99% 360,646 0 0% 225,000 222,449 FOREST EXCISE TAX 0 70% 0 74%-.- 520,000 363,279 FRANCHISE FEES 510,000 378,959' p 109% 275,000 288,550 0 105% 289,000 314,361 PAYMENT IN LIEU OF TAX/B OF L _ _ _ _ p 101% 700;000 723,'453 0" 103% 725,000. 734,058' PUD PRIVILEGE TAX •` 104 0 104% 100 288 0 288% 100 DNR OTHER TRUST 2 _ 342,633 69%,' _ 1,415,000 981,230 CITY-COUNTY ASSISTANCE 1,362,676 1,128,624. 419,454 83% 0% 000 0 0° DNR PILT NAP/NRCA 680,000,� S62062 0 83%. 680,000 515,831 -, 0 76%: - CRIMINALJUSTICE-COUNTIES 3,675 . - 5,000 3,538 412 71% 5,000 ADULT COURT COST-JUVENILE OFFE - 402 7 ° CRIMINAL JST-MARIJUANA ENFORCE 85,000 62;140' 21,379 73% 85,000 63,996 21,522 75% _ 111 15,400 10,946 15,400 11,490 DUI-OTHER CRIMINAL JUSTICE A 0 _ _. 71 116920 90,512 77 j 116,920 105,483. 0 90% 0. . LIQUOR/BEER EXCISE TAX 50,071 73% _ . LIQUOR CONTROL BOARD PROFITS 205,000 150,627 50,183 73% 205,000 1-50,436 1 8 175,000 148;853. 85% . 190;000 168,700 36,750,' 9%' 16;539 ' IN LIEU OF.=CITY OF TACOMA 23 0% TREASURER'S FEES _ _ 0 573 21% 0 p 1 475. 360 0 76% PAYMNT FOR SRVCS-MASON LK DIST 475' 0 0% 145 0 0% PAYMNT FOR SRVCS-SPENCER LK FND 290 0 242% , 100 120 0 12 0 120 PAYMNT FOR.SRVCS-ISLAND LK FND 1 102% CHARGES FOR SRVCS-MACECOM 1,400 1,316 0 94°° 1,300 68 80 70%. 2,400 1,640 80 0 RETURNED REMITTANCE(NSF)FEES 2,400,: 1,680 . 12,255 93% 100,000 96,329 16- 96% REET COLLECTION FEES 100,000 93,270 71% 9,000 6;383 900. 9;000. , �6,760 � 810 75y° .. .. - REET COLLECTIONS COSTS 3 ITI W Le I Department Receipts Treasurer#001-260 000 2019 Budget 2019,VTD This Month %2019 2020 Budget 2020VTD This Month %2020 TREAS.FIRE PROTECTION ASSESSM 15,000 10,349 229 69% 15,000 10,262 278 68% 575, 198, 115: 3 4° TREAS OTHER WORD PROCESSING, - .40.0 319. 43 80%. 0 0 ° PUBLIC DISCLOSURE CHGS SRVCS 10 106 0 1063% 5 - ,000 . . . . 2 ,•1,601 .00 8091i. �% '... DATA PROCESSING,SERVICES ; .:. - - ` - 106 0 628 0 0% - 300 100 0% GAMBLING TAX PENALTY - 9 .167,457 8,70.9 0% 350,000 278,508' 17,093 REAL,&.PERSONAL•PENALTY _ 80% PERSONAL PROP FILING PEN - 16,998 1,566 0% 5,000 15,181 1,035 304% PENALTY ON REAL;&PERSONAL P.RO 350,000 102,006 2,677 29% 5;337 -•.836 0% FAILURE TO LIST PERSONAL PROP 5,000 1,596 22 32% 0 0/ INTEREST&OTHER EARNINGS 600,000 662 480. 66;979 110% 800,000 386,921 11,177 48% INVESTMENT SERVICE FEES(TREAS. 24,000 19,679 2,158 82% 11,936 INT.ON CONT.NOTES=ACCTS.HELD,S , 8,500 .16,885 4,894 1 99% 28,500 10,897 1,077 LEASEHOLD EXCISE TAX INTEREST - 7 /o - 0 0 0 0 / 443 7. 0 50 138 24 275% r - - 50 .222 O EXCISE INTEREST', INV PURCHASED INT - (2,254) (264) 0% - (45) 0 0/ INTEREST ON DELINQUENT PR TAX 650,000 463,934 . 22,225• 71%: 650,000. 477,355 33,829 73% 500,000 18,979 0 4% 1,000 16,329 18 1633% RENTS/LEASES-DNR TRUST _ = 5 479,596 0 0% 53,008. 41% RENTS/LEASES-DNR TMBR TRUST T - 00,000 203;742 UNCLAIMED MONEY/PROCEEDS-SALES - 102,248 0 0% 60,000 60,945 0 102% TR.EASURERTAX FORECLOSURE TRUST 32,0001 , 0%' 64,000 . " _ . 0 0 0/ CASH ADJUSTMENTS/OVER-UNDER 10 (412) (17) 4117% 20 95 477% 6 TAX DISTRIBUTION ROUNDING - MISCELLANEOUS-OTHER REVENUE 1 108 0 0% 00 - 0 0% ROAD DIVERSION- 2,160,000_ 1;316,617 33,683 61% 2,160,000 1,313,312 42,471 61%. 111 52 0% (1,514) 0 0% SALE OF TAX TITLE PROPERTY - 3 5 000 2;659 0. 5 LEASEHOLD EXCISE TAX 5,00000 1,877. 0 38% , 7 ° TIMBER EXCISE TAX 53,000 85,946 0 162% -- 1 / 521955) 50. ..'. ::. 69... 0. : 37 ° DNR OTHER.I '., 2 5,. 148 0 . -: 0-, -1910% , OTHER INT-DNR INTEREST 50 114 30 227% 50 74 823% RENTS&.LEASES/DNR OTHR'TRST.1 2,500: 117,167 0: ,' 4687% 2 500 45, 12,531 586: 1 -_ - 0 0% 4,500 0 _ 0% 4,500 �. SPACE AND FACILITIES LEASES Grand'Totaf, ; $24,126,,11Z _ $I8,02 $1,474,993 76%. $26,34i3,450 $18,326,202 $1,688,749 70°rd .F Unaudited.*Benchmark for Month is 7590, 4 SEPTEMBER MASON COUNTY MONTHLY FINANCIAL ®�® REPORT _ _ 2019 vs 2020 Expenditure Coriipari"$on for!Current Expens'e.,,` Expenditures- Expenditures ,-Unexended ua . dir Department Name 2019 Budget through End,of. Unexended %2019 2020.Budget .through End of Budget %2020 zo2020 vs; Month Budget-Authority Month,, Authorit WSU Extension 267,872 $ 168,639 $ 99,233 63% 293,274 $ 194,620 $ 98,654 66% 25,981 Assessor 1;334,071. 970,383 363,688 •- 73% -1,433,285 987,653, • 445,632 69% 17,270 Auditor 1,345,142 986,396 358,746 73% 1,738,549 1,283,025 455,524 74% 296,629 Emergency Management 223,056 183,095 39,961 82% 232,009 218,096 13,913' 94% 35,001_ Facilities&Grounds 1,179,000 820,185 358,815 70% 1,309,792 786,196 523,596 60% 33,988) HR/Risk'Mngt 738;873 496,927 241,946 67% 592,660 440,849 151;811 74% (56,078) (5,194) LEOFF 100,000 53,354 46,646 53% 100,044 48,160 51,884 48% Clerk 1,007,346." 706,242 301;104 70% 1,037;808 783;513 254;295 ZS% " Z7,271 Commissioners 356,881 248,972 107,909 70% 348,669 255,847 92,822 73% 6,874 Support Services 527,667 382,027 145,640 72% 716,397 517,607 198,790 72% 135,580 District Court 1.263.137 809,308 453,829 64% 1,291,480 911,562 379,918 71% 102,255 Community Develo ment 21193,111 1,453,943. 739,168 66% 2,458,927 1,616,895 842,032 66% 162,952 Parks&Trails 501,787 378,182 123,601 75% 547,442 331,557 215,885 61%, (46,626) Juvenile Court Services 1,867,831 1;275;346. 592;485 68% 1,943,451 1,351;652 591,799 70% Z6,306 Prosecutor 1,659,636 970,812 688,824 59% 1,668,998 1,072,333 596,665 64% 101,521 Child Su port Enforcement .210,020 . ' 128.324 81,696 61%.. 230,658 139,077 71581 66% 10,753' Coroner 310,249 232,506 77,743 75%, 321,934 228,359 93,575 71% (4,148) Sheriff 10,614,904'. 7,682,053 2,932,852 72% 11;233,473 8;052,672• 3,180,801 .-12% 310,620' 568,181 74% 55,010 Traffic Policing 2,214,252 1,536,809 677,443 69% 2,160,000 1,591,819 Courthouse Security 170,740 117,123 S3,617 69% 170,740' 129,990• '40,750 70. 12,868 Indigent Defense 1,006,254 712,422 293,832 71% 11127,136 793,092 334,044 70% 80,669 Superior Court' 903;142. - 636,714 266,428 '76 986,175 719,690 ` . 266,485 73% 82;976 Family Court 2,500 2,500 100% 2,500 1,070 1,430 43% (1,430) 7,849 348,079. 269,770 56% 57,870 Therapeutic Court 595,346 .290'209- 305,137 49% 61 (23,964) Murder Expenditures 50,000 24,584 25,416 49% 50,000 620 49,380 1% Treasurer 821,712 569,886 251,826 . 69% 823,053 591;435 231,618' 72% 21,549 Non Departmental 4,198,247 2,767,985 1,430,262 66% 4,328,914 3,121,280 1,207,634 72% 353,295 73% Motor Pool - 371 438 27,178 10,260 Transfers Out to Other Funds 818,869 718,107 100,762 88% 913,913 714,322 199,592 78% (3,786) - 38,696;568 $ •27 258,249• '$ 11,498,319 1,6 7,0% 1935,217 "• Totals'$ , 36,4845 $ 25 323;033 $ 69% 11,158,612 , $ 'Unaudited. BenchmarkJ or;lVlonth 1s 7596 t 5 J:\Financials\2020 Financ7ials\2020 September Financial Report.xlsx fr SEPT EMBER 2020 SIx:Year Specific Revenue'Streams Comparison ' 9/3012015 9/30/209 6 9/30/2017 9130/2018 9/30/2019 9/30/2020 Community Development Revenues $ 1,202,021 $ 1,512,257 $ 1,246,904 $ 1,383,224 1,660,427 1,717,307 Detention&Correction Services $ 363,631 $ 144,767 14,683 17,908 ?0,118 84,445 Current Expense Property Taxes 6,506,231 6,630,269 5,826,873 5,833,801 6,082,021 6,121,843 Road Diversion Property Tax 891,837 725,125 980,463 1,290,035 1,316,617 1,313,312 County Road Property Tax 4,829,876 3,997,397 4,965,134 5,148,598 5,394,251 5,496,320 Current Expense Sales Tax 3,263,247 3,314,435 3,622,003 3,939,023 - 4,450,596 4,874,269 Criminal Justice Taxes/Entitlements 912,777 949,206 980,069 1,084,295 1,160,088 1,237,195 Rural Sales&Use Tax Fund $ 421,542 $ 432,371 $ 470,164 $ 5 $ 601,178 6 29,104 800,000 600,00D 400000 2 oo,000 Com Srvcs-Homelessess Preven Filings 264,516 290,392 416,510 411,523 515,539 613,972 800,000 600.000 400,000 200,000 Lod-ging(Hotel/Motel)Tax 225,552 261,064 269,4 41 312,187 392-156 317,325 0,000 2 o0,o00 REET 1 Excise Tax Only 535,981 586,002 824,493 948,179 960,508 1,165,967 REET 2 Excise Tax Only 536,981 586,002 824,493 948,179 950,508 1,165,967 1,250,000 1,OD0,000 75,000 _ 500,000 t 250,000 6 .I-\Financials\2020 Financials\2020 September Financial Report.xlsx o coa r@ SEPTEMBERR] MASON COUNTY MONTHLY f a FINANCIAL REPORT 2020 2020 REVENUE ` . DIFFERENCE REVENUE MONTH` 201.9 REVENUE 455,73371 $ 38,025.96 . JANUARY $ 417,707.75 $ 67,921.44 FEBRUARY $ 522,335.70 $ 590,257.14 $ 34,101.85 MARCH $ 415.075.81 $ 449,177.66 $ 427572.82 $ 60,080.77 , APRIL $ 367,492.05 $ (42,476.70) MAY $ 530,280.53 $ 487,803.83 $ 460,99944 $ (28,374.51) . JUNE $ 489,373.95 $ 111,411.48 JULY $ 517,176.50 $ 628,587.98 $ 702582.07 $ 87,752.42 , AUGUST $ 614,829.65 $ 95,230.29 576,324.52 $ 671,554.81 $ SEPTEMBER $ $ (539,794.06) OCTOBER $ 539,794.06 (573,194.27) NOVEMBER $ 573,194.27 $ (499,103.12) DECEMBER $ 499,103.12 TOTAL COLLECTED REVENUE $ 6,062,687.91 $ 4,874,269.46 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 5,225,000.00 $ 6,000,000.00 $ 6,520,810.48 YET TO BE COLLECTED $ (1,125,730.54) �_ --- ANTICIPATED INCREASE' 7 J:\Financials\2020 Financials\2020 September Financial Report.xlsx A BER 2020 f85Q SEPTEM, Six Year Financial Recap,--------., Curr,,ent Expense Recap : ,9/30L2015 `, 9/30/2016 9/30/2017 9/30/201;8 flail ,9/3 / 9/30/2020 1,200,000 , Aecount.Receivablefrom Belfair Sewer 6,520,791 6,817,603 General Fund Operating Reserves 000,000; 1; 1,000,000 Contingency Reserve 200,000 200,000 Technology Replacement Reserves .525. 00 525,000 Equipment Vehicle Replacement Reserves 520,000 530,805 Accrued Leave Reserve 677,699 3;520;434 Current Expense unreserved Cash _ - -" -T „��3;170,5:76 �$ 5,7.T9;621•.'$ ` ��9,443;491 IVlonth Eurrent Expense Cash $' 8179,870 $ 4,189;473349 $: - Adopted Budget on December 31st - 36;198;316 40,787;973. 38,545,163 36;930;990 . 41�263,253 49407,320 Supplemental Appropriations - 80,657 654,840 1,059,364 667,602' •$ 49,988,549. Total Budget includmg'Supplementals .$ 36,198,316, :$; 40,869,628 ,$ 37,309,944 $ 33,0601,750 $ 45,786,719 11,636,958 Budgeted Beginning Fund Balance 7.234.903 8,01 , 5,185,957 11,291,981�: Budgeted En_ding Fund Balance 4,315,462. 3,816;117. 4,801,241 5,185,957. ` Revenue Budgets 28,649,671 32,687,588 31,890,059 34,928,604 35,880,883 38,351,591 Revenues thru This M'o,nth:of each year Z2,118;579 22,747,496 23,584,834 041 _ _ u= 0 74% 1173%.' 04,74/0 72%d' 25,6 2 0 6,7 ues"Received 77/o, - 1645, d.Reven , . , dgete 38;696,568 Expenditure.Budgets. . 51,882,854 37,062;413' 34;434,450 34,652;959 36,48 , 27,25 22,166,543 25,505,191 24,003,167 24 3 033 ,2 ,275,62 25,323, Expenditures thru This Month of each year , o 69/o Budgeted Exp_,endituces Expended 8 �•�G;.,����ai���ron Financials\2020 September Financial Report.xlsx Special Fund;Cash Baian.ces' `:..913012015 9/30/2016.. 9/3012017 . 9/30/201:8" 9/301201.9 9/30t2020 Rural County Sales&Use Tax Fund(.09) $ 420,617 $ 462,179 $ 465,957 $ 508,267 $ 675,187 887,143 Auditor's C&M 302,104 249,099 252,040 282,688 289,968 321,863- County Roads Fund 6,654,286 10,252,306 9,042,787 9,295,488 8,714,792 10'277;5021 267,688. Paths&Trails 217,226 229,093 241,818 256,053: 228,158 Election Equipment Holding 206,331 255,263 270,867 158,094 170,212 204,868 Crime Victims `255;355 221;531 233,560 207,330 198,982 23,688 Victim Witness Activities 61,652 91,377 46,100 24,415 22,587 ` 49,399 28,596 42,005 Historical Preservation Fund ' 52,831 : -.37;164 40,295' 385,587 418554 632,936 775,936 979,341 , Community Support Services Fund 397,162 272,372 277,643 279,006 Abatement/Repair/Demolition Fund 267,327 266,167 268,319 g2,891 165,835 165,718 Reserve for Technology Fund 15,068 366.932 72,787 77,357, . 78;144 .. 71,878 REET&"Property Tax Admin Asst 58;121" 66,933'' 47,752 33,076 21,533 National Forest Safety 67,356 86,828 39,465 63;053 81,409; 100,455 106,480 120;199 Trial.Court Improvement Fund 34,594 246,188 Sheriff Special Funds 273,921 247,128 242,530 267,616 111,329 Sheriff's Boating Program • 86,738 Narcotics Investigation '992,287' 223,241 350,777 Public Health Fund 418,600 195;030 183,151 78,796 73,244 62,663 Law Library 82,232 79,532 83,151 Lodging(Motel/Hotel)Tax Fund 138,450 330,708, 357,684 496,619 694,350: 781,951 518,678 Mental Health Tax Fund 1,225,286 1,461,632 1,362,789 1,486,938 1,480;502 1,190,420 122;050 Treasurees M&O Fund 81,572 71,079 102,022 79,755 54,330 77,270 Veterans Assistance 122,954 213,073 188,138 Skokomish Flood Zone 109,437 280'495 165,930 180,942 18,942 80,190 95,478 126,319 134,722 115,677 Mason Lake Management District 77,523 80,495 1,060 Spencer Lake Management District - 16,522 25,866 26,135 Island Lake Management District 10,782 12,768 18,870 Capital Improvement/:Reet 1 Fund 879,221 797;265 1;247,852 1,785;534 2,129,468•. . 3.435,912 Capital Improvement/Reet 2 Fund 1,879,981 2,295,050 2,432,903 2,759,714 2,995,440 3,435,912 845,847, Mason County Landfill 539,512 891-146 707,433 505,573 g62,728 1,380,148 524,769 695,549 854,123 876,510 N.Bay/Case Inlet Utility 729 362 - 714' - 717 721. N.Bay/Case Inlet Utility Reserve 3,986 3,986 3,986 3,986 Wastewater System Development 3,986 3,986 357,528, 230'438 159,891 • 77 904 Rustlewood Sewer&'Water 41;173 46,084 419,243 457,903 5374366 Beards Cove Water 244,830 276,065 342,493 305,866 594,261' Belfair WW,&Water Reclamation 669,195. 615.369 394;019 188,571 470,383 446,422 ' S13,096 487,399 Reserve Landfill 507,785 509,539 487,399 199,214. 206,906 Reserve Beards Cove Ulid 312,618 324;521 337,753 2 3,882 184,069 180,256 158,909 55,107 Storm Drain System Development 277,705 199,302 268,427 345,883 175,320 Information Technology - 50,604- 170,243 . Equipment Rental&Revolving Fund 4,493,339 1,802,651 2,973,758 2,636,137 3,719,230 2,094,620 Fund 162,368 171,828 180,211 175,769 162,141 181;507 UnemploymenteTOTALS i$22,338;687,::' $24,671,31Q'• $25;04.9,219' $26,061,643 $27,493,509 $30,71''.9,767 9 1A5=innnrjnjR\2020 Financials12020 September Financial Report.xlsx MASON COUNTY SEPIMMBER MONTHLY FINANCIAL REPORT 2020 02 Fund,'ER&R and,,Motor`Pool Budget to Actual'.Expenditures ' 2. _0 Current Expense and°Health. FUND OR:DEPARTMENT ORIGINAL. REVISED ;.YTD ER&R 'YTD'MP AVAILABLE BUDGET ,. %USED; APPROP BUDGET ' EXPENDED"EXPENDED WSU 2,065 2,065 1,268 0 797 61.43% ASSESSOR 23:540 23,540 - '0 9',726 13,814 41.32% -251 .0 EMERGENCY MANAGEMENT 0 0 224 28 % FACILITIES&GROUNDS 23,035 23,035: 43 11,255 11,737 49.05% HUMAN RESOURCES 400 400 30 0 370 7.48% SUPPORT SERVICES. 0 0 131 0 431 0.00% COMMUNITY SERVICES 34,880 34,880 1,515 12,607 20,758 40.49% PARKS&TRAILS. 25,851 25,851 0 - 4,091 21,760 15.K JUVENILE COURT SERVICES 10,900 10,900 0 2,524 8,376 23.16% PROSECUTOR . 3,856 3,856 0 .1,219 2,637 31.61% CORONER 13,828 13,828 0 1,604 12,224 11.60% SHERIFF ADMIN 493,801 493,801, 0 200,318 293,483 40.57% MOTOR POOL 37,438 3,453 9.22%D TotaI,001 GENERAL FUND 632;156 '669,594 3,211' 5 385,573 37.3 , 246,82 '4% SHERIFF'S BOATING PROGRAM 7 0.00% NARCOTICS INVESTIGATION FUND 7 0.0000 COMMUNITY SERVICES HEALTH 25,847 25,847 1,158 16,706 7,984 69.11% TOTALSPECIAL,FUNDS 25,847 25,847 ; 1,158 16,719 7;984; 69.16% TOtal GENERAL FUND&SPECIAL FUNDS . 058,003. 695,441 4;369. , 263,543 393,557 38.52% Unaudited*Benchrriark for month is 75%' '14TD MP .. %OF TOTAL TOTAL MOTOR,PO.OL EXPENDITURES BY OBJECT CODE EXPENDED MOTOR POOL SUPPLIES 38,390 14.57% MOTOR POOL FUEL. :. 109,194 41.43% MOTOR POOL LEASE 76,882 29.17% MOTOR POOL MAI NT-MONTH LY 6,791 2.58% MOTOR POOL REPAIRS 31,264 11.86% MOTOR POOL INSURANCE 1,022 0.39% Total,GENERAL'FUND.,&WEALTH'FUND 263',543 100.00% TOTAL MOTOR'POOL CAPITAL EXPENDITURES YTD MP' DEPARTMENT, %OF TOTAL, 'CAPITAL 15;NOT•INdLIDED.IN THE BUDGETED AMOUNT,OF$659,003,SO ACTUAL CAPITAL COSTS .EXPENDED ARE NOT INCLUDED W IN MP COSTS - MOTOR POOL CAPITAL LEASE SHERIFF 5,446 3.48% MOTOR POOL CAP UPFIT SHERIFF 150,826 00.00 Total'GENERAL FUND'&HEALTH FUND 156;272 '10.00% 10 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/McKenzie Smith DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Habitat for Humanity originally offered $50,000 to purchase parcel # 32030- 51-07010 and 32030-51-10001 located at 2169 and 2179 Lake Blvd, Shelton WA on September 19, 2020. The County counteroffered at $60,000. Habitat for Humanity countered with $42,500. See attached from Habitat for Humanity. EXECUTIVE SUMMARY (If applicable, please include available options and potential solutions): This parcel is Tax Title and was deeded to Mason County on February 26, 2013. An attempt to sell was made at the 2019 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. This parcel was obtained by Mason county between 1938 and 1939. No exact record was recorded at that time stating taxes, interests, and foreclosure costs. Lisa Frazier, Treasurer has recommended a minimum of$5,000 + $125 be distributed to taxing districts and the Treasurer's M&O fund for costs. 2020 Market Value: $49,715 and $48,330 totaling $98,045 Current offer: $42,500 Contingencies: 22D (Optional Clauses), 22T (Title Contingency), 34 (Addendum), 35F (Feasibility) OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Letter from Habitat for Humanity Purchase and Sale Agreement 2020 Assessor's Valuation Briefing Summary 10/14/2020 Habitat for Humanity® of Mason County September 30, 2020 Mason County Commission 411 North 5th St. Shelton, WA 98584 Dear Mason County Commissioners, Habitat Mason presented an offer to purchase two lots located in the City of Shelton on Lake Blvd. Our original offer of$50,000.00 was contingent to Habitat completing a development feasibility study. During the time we were working to complete our study, Mason County countered our offer with a response of$60,000.00. We have met with the City of Shelton Community Development Department to learn what will be required to develop the two lots. Based on that meeting and a preliminary quotes from several dirt work contractors we estimate the development costs to be in excess of$100,000.00. The City will require us to develop a city street called Vancouver Street between the two lots connecting Lake Blvd. and Beverly Blvd. We will be required to develop an alley way from Vancouver Street that will bisect each of the two lots. We are required to build all water and sewer infrastructure; main connections and secondary distribution systems. The sewer main connection cannot be made until December of 2021 due to a City mandated moratorium on cutting and tapping into the sewer on Lake Blvdl We will also need to remove and dispose of all of I the concrete and rebar piles dumped on the lots. Due to the complexity and enormous development costs associated with these lots our Board of Directors gave authorization to revise our purchase offer to$42,500.00. i E f We are hoping to use the two lots to build six to eight affordable homes that can provide a simple, decent place to live and create pride of homeownership for eight Mason County families. Habitat Mason is currently working to complete House#33 and will soon break ground on House#34.. We hope.to utilize these lots to build Houses#35 #42. .Habitat looks forward to your review and acceptance of our revised offer and hope that we can collaborate with Mason County and the City of Shelton to help continue our rriission of building affordable housing here in Mason County. Habitat appreciates your partnership, dedication and support.of the Habitat mission over the years. We hope we can continue this partnership to belp support Habitat's development objectives for the next 3-4 years here in the City of Shelton. Sincere a y ow Executi e Director/COO 1826.Olympic Highway North PO Box 1549 • .Shelton WA 98584 360-426-8134 J www.HabitatMasonWa..org I info@habitatmasonwa.org I I Form 25 ©Copyright2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT.LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: October 5,2020 MLS No.: 1604488&1604490 Offer Expiration Date: 10/12/2020 '2. Buyer: Habitat for Humanity of Mason County Buyer Buyer Status 3. Seller::Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).:320305107010 p2030511001 2169&2179 Lake Boulevard Shelton Mason WA 98584 i Address City County Slate Zip 5. Purchase Price:$ 42,500.00 Fourty two thousand five hundred Dollars G. Earnest Money: $ 1,000.00 Check; 0 Note; 0 Other (held by 0 Selling Firm; 0 Closing Agent) 7. Default:(check only one)0 Forfeiture of Earnest Money;0 Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Mason County Title Colleen Reamer Company Indlvidual(optionaq 10. Closing Date: 10/23/2020 Possession Date:0 on Closing;0 Other - i 11. Services of Closing Agent for Payment of Utilities; 0 Requested(attach NWMLS Form 22K);0 Waived 12. Charges/Assessments Levied Before but Due After Closing:0 assumed by Buyer,0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller El is;0 is not a foreign person for purposes of U.S,income taxation 14. Subdivision:The Property:O must be subdivided before :0 is not required to be subdivided 15. Feasibility Contingency Expiration Date:❑ days after mutual acceptance; 0 Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer, ❑Seller, 0 both parties;,O neither party Listing Broker represents: 0 Seller; ❑both parties 1 17. Addenda: 221)(Optional Clauses)Q 22T(Title Contingency0 34(Addendum) A]flW t �p, � I B e s n lure �P ate Seller's Signature Date Aujdes Signature Date Sellers Signature Date 1826 Olympic Highway North j Buyer's Address Seller's Address- Shelton WA 98584 Shelton WA 98584 City,State,Zip City,State,Zip (360)426-8134 (360)427-9670 Phone No. Fax No. Phone No. Fax No. 1 t martycna habitatmasonwa.org Buyer's E-mail Address Seller's E-mail Address Windermere RE/Himlie 9117 Richard Beckman Rlty Group LLC 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. 9 Kelly Zoldak 58942 Richard Beckman 55681 Selling Broker(Print) MLS LAG Nm Listing Broker(Print) MLS.LAG No. (360)426-2646 (360)250-6413 (360)426-2698 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone.No. Firm Fax No. sheltondocs@windermere.com mail@RichardBecicman.com _ Selling Firm Document E-mail Address Listing Firm Document E-mail Address kelIyzoldak(@tiyindermere.corn rchard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 91313 14 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. s 's t i E E Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that.Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10. interest bearing trust account.in Selling Firm's name provided that Buyer completes an IRS Form W 9. Interest, if any; 1.1 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer,if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15. Form W-9 before Selling Firm must:deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 16 t Money shall be deposited into the Housing Trust Fund Account.Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid,the 18 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement,a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 I Money. Pursuant to RCW 64.04,Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 1 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid .at the parry's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either.party fails to: authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement,that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money..The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43. encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on.or before.Closing.Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense,,to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment.from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a The is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and.Selling Broker. The preliminary commitment, and the 53 title policy to be issued,.shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the-Closing Date, then as Buyer's sole and exclusive remedy,the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer;less any unpaid costs described in this Agreement,and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 Elf(p�h Zd /ft. 1 G/4,17�1,Zo B ye's Initials Date Buyers Initials Date. Sellers Initials Date Seller's Initials Date F I S a Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7119 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS ' Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday,Sunday, legal holiday,.or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m..on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a.Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys'fees and 72 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and.Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report,appraisal charge and lender's title insurance,unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 62 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay ail utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 € providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 3 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be.paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker.and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 i and copies of documents concerning this sale. 97 1. Seller Citizenship and FIRPTA.Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct.Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 j from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 3 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker,.or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 108 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 I 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 ' and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement;or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 114 e-mail reply does not constitute written. acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 tO la B�er's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date j Form 25 ©Copyright 2019 Vacant Land Purchase&Sate VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7119 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS ' Continued k. Computation of Time. Unless gtherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW,1.16.050, the specified period of time shall expire on the next day that.is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date,shall not include Saturdays,Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date., except for the Closing Date,which, if it falls on a Saturday, 123 Sunday,legal holiday as defined in RCW 1.16.050,or day when the county`recording office is closed,shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed..If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of.the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 t I m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 134 i unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first.page of this Agreement. 136 s n. Default In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 t provision,as identified in Specific Term No.7,shall apply: 138 1. Forfeiture of Earnest Money. That portion.of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. .Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 f damages; (c) bring suit to specifically enforce this Agreement and recover.any incidental damages, or(d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel. of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 1 such review. However, if'Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other parry's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 f Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other.party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted,it shall lapse and any Earnest Money shall be refunded to Buyer, 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 j represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 i affiliated with the same Firm,then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any),and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any),and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate.Agency." 171 er's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date I 1 r Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued i t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be.apportioned between Listing Firm and Selling Firm as 173 I specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15.whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water,sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to:building or development moratoriums 184 applicable to or being considered for the Property;any special building requirements,including setbacks, height limits or 186 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands,shorelands or other environmentally sensitive area;road, school,fire and any.other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water,sewer and utility and any service connection charges;and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right,from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in.prior to the inspection.Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 1g4 i to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied.as to development and/or construction feasibility and cost. If Buyer gives 196 j notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buye►'s 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 i V. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date,this Agreement shall terminate and 202 !i the Earnest Money shall be.refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be.deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 i x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 i addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers,such as 223 inspectors or contractors, but Brokers cannot.guarantee or be responsible for the services provided by those third 224 j parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 tyisInitials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date 1 5 F I I Fort 220 ©Copyright 20lg Optional Clauses Addendum Northwest Multiple Listing Service Rev.7.119 ALL RIGHTS RESERVED Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO : PURCHASE&SALE AGREEMENT 1 The following is part of the Purchase and Sale Agreement dated October 5,2020 1 i I between. Habitat for Humanity of Mason County ("Buyer') 2 Buyer Buyer i and Mason County ("Seller") 3 Seller Seller concerning 2169&2179 Lake Boulevard Shelton WA 98584 (the"Property"). 4 Address city Stare Zip CHECK IF INCLUDED: 5 1. Qf Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller, (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings)on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyers own satisfaction. 10 2. Title Insurance.The Title.Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owners Policy or more coverage by selecting an Extended Coverage Policy. 13 ❑ Standard Owner's Coverage.Seller.authorizes Buyer's lender or Closing.Agent, at Sellers expense,to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowners 15 additional protection and inflation protection endorsements, if available at no additional.cost, rather than 16 the Homeowners Policy of Title Insurance. 17 ❑ Extended Coverage.Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowners 19 ' Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowners Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 1 I 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash,-debris and rubbish 23 from the Property prior to Buyer taking possession. .24 i 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date.Any personal property remaining on the Property thereafter shall become 26 . the property of Buyer, and may be retained or disposed of as Buyer determines. 27 6. 21 Utilities.To'the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑public water main; ❑public sewer main; ❑septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; 56 electricity; ❑ other 31 6. ❑ Insulation -New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 1 WALL INSULATION:TYPE.: THICKNESS: R VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑other 40 A�Slnit'a�ls Date Buyer's Initials / Date Seller's Initials Date Seller's Initials Date Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev, OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED 2 of Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days(5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in)of receipt of the lease(s)or the date that the lease(s) are due, whichever 43 is earlier,then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners'Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a.copy of the following documents (if 49 available from the Association)within days(10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two(2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6)months;and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice.of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval,then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 j 9. ❑ Homeowners'Association Transfer Fee. If there is'a transfer fee.imposed by the homeowners'association 61 or any other association (e.g. a"move-in"or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer;❑Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty,together 73 with any included options, and Buyer shall pay any balance. 74 i c. Options to be included: 75 (none; if not filled in). 76 d. Other: 77 a 12. ❑ Other. 78 79 80 81 i 82 83 84 i . F 85 l TZ �� Imo , B ye�s Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date i Form 22T ©Copyright 2015 Title.Contingency Addendum Northwest Multiple Listing Service Rev, I of 1 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page o PURCHASE&SALE AGREEMENT The following is part of the.Purchase and Sale Agreement dated October 5,2020 1. between Habitat for Humanity of Mason County ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2169&2179 Lake Boulevard Shelton WA 98884 (the"Property"). 4 Address city State Zip 1. Title Contingency.This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions.of record. Buyer shall have 6 days(5 days if not filled in)from 14 the date of Buyer's receipt of the preliminary commitment for title.insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment, 9 Seller shall have days 5 days if not .filled in after Buyers notice of disapproval to give Buyer-10 Y � Y ) Y PP 9� Y notice that Seller will clear all disapproved exceptions: Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 i 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report.The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices, 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 E I q 7 3 3 I i i 3 is Initials Date uyer's Initials Date Seller's Initials Date Seller's Initials Date E i Form 34 @Copyright 2010 Addendum/Amendment to PBS ,u Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 00 Jrr aZO 1 between Bwoyo- ke, -wu" f1'�of:: hkao 104 ("Buyer°)2 Buyer Buyer and Mason County ("Seller)3 s Seller Seller q concerning 1� a� L �.P�DL<L � �!t l�f�� WA 1�� (the"Property") 4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: • 5 1.This agreement is contingent upon the Mason County Commissioners approval of this purchase and sales agreement,in an open public meeting. 6 6 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow,Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 S. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 6.Buyer shall pay all current and past due Association dues. 11 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 12 Washington. 13 8.Commissioner Randy Neatherlin will sign for Mason County. 14 9.Seller has never occupied the property. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL.OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 B j Initials Date uyar's Initials Date Seller's Initials Date Seller's Initials Date ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT A 1 Order No.: 2020-13015-SH E tt Y EXHIBIT "A" Legal Description: Lots ten (10)through thirteen(13), both inclusive, Block seven(7), Beverly Heights Addition to Shelton,Washington,Volume 3 of Plats,page.2, records of Mason County,Washington,TOGETHER WITH all that portion of the vacated alley in said Block seven (7)which attached thereto by operation of law upon its vacation. Abbreviated Legal: Lots 10-13, BLK 7, Beverly Heights Parcel No(s): 32030-51-07010 Purported Address:XXX Vacant Land, Shelton, WA 98584 I i E i i j� /-,7 i 3 CRT Form 4690 WAA 08/01/16;TC 04/0218 ExhibitA ALTA Commitment for Title Insurance Page 3 of 11 l I Exhibit Lots One (1) and Two (2)� Block ten (10) ; BeVerly Heights Additim to the City 1:P Shelton ' ldashi.ngton? according to the recorded plat :hereof in the of ice of. the Auditor of Mason county, Washington, Lots Eight (8) and Nine (9), Block Text (10) 2 Beverly Heights Addition to Shelton, Washington aeoording to the recorded plat thereof in the office of the A'Uhto-r for said County and State. f piq 2169 Lake Blvd, Shelton, WA 98584 Luang MLS#: -6D4f Status:Active (05/28/2020) Listing Price: $35,000 Community:Shelton Area: 175-Shelton CDOM: 99 Original LP:$39,000 School District:Shelton Lot Size: .580 ac/25,265 sf Potential Terms:Cash Out,Conventional Marketing Remarks Nice level parcel within the Shelton City limits.Just over 1/2 acre in size.This lot is covered in evergreen trees and brush and zoned neighborhood residential. Agent Remarks Possibly acquired through tax foreclosure.Maybe subject to redemption.Title Insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title 9 ti Insurance-Please add attached addendum to P&S. Offers: Seller Intends to review offers upon receipt Directions: Lak Blvd to address Agent/Office Information Agent: Richard Beckman(55681) Agent Phone: (360)790-1921 Office:Richard Beckman Rlty Group LLC Office phone: (360)426-5521 Finn Document Email:mail@RichardBeckman.com Office Fax: (360)426-1645 Commission:4 Commission Comments: Owner Information Owner Name: Mason County Owner Phone: (360)427-9670 Owner Name 2: Owner City:Shelton,WA General Information Property Type:Vacant Land County: Mason TaxID:320305107010 Lot Number: 10-23&alley adj Block:7 List Date: 05/28/2020 Explr Date: 12/31/2020 Lot Size:.580 ac/25,265 sf Lot Size Source:Realist Price/Lot SgFt:$1.39 Monthly Dues: School District: Shelton Elementary: Bordeaux Elem Junior High: Oakland Bay Jr HS Senior High:Shelton High Listing Information Style Code:40-Res-Less thn 1 Ac Zoning Jurisdiction:City General Zoning Classification:Residential Zoning Code: Neighborhood Res Sketch Submitted: No Possession:Closing Senior Exemption: No Potential Terms: Cash Out,Conventional Additional Property Information Annual Taxes: Tax Year.2020 Preliminary Title Ordered:Yes Form 17: Not Provided Prohibit Blogging: Yes Bank/RE Owned: No Auction: No Right of First Refusal: No FIRPTA: No Common Interest Cmty:,No Plat/Subdivision/Building Name:Shelton Lot Dim: 120x209 Quarter(Seq(Twn/Rng): 30203 Map Book: Unknown Map Page/Coord: , 3rd Party Approval Required:None Ste Information Road Information: Paved Property Features:Brush,Evergreens,Lightly Treed Lot Details:Paved Street Improvements: Topography: Level Road 51de: South Utility Information Sewer.Not Available Gas: Not Available Electricity:In Street Septic System Installed: No Septic Approved Num of Bedrooms: sail Feasibility Test Available:No Soil Test Date: Septic Design Applied For. No Septic Design Approval Date: Water. Unknown Selling Information Infvma anDamedRdiadeBi2Cam-dBeC3aateerl LdSize"SquareFcdageAreafln 94Y3' =4.-,8PM. rli t from on CounLy O Primed from Masora County CAMS 10/14/2020 TeraScan TaxSifter-Mason County Washington Auniet7ltitTl MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Patti McLean Mason County Assessor 411 N 5TH ST Shelton,WA 98384 Assessor Treasurer Appraisal MapSifter Parcel Parcel#. 32030-51-07010 Owner Name: MASON COUNTY DOR Code: 91- Undeveloped -Land fAddressl: MASON COUNTY COURTHOUSE Situs: Address2: 411 N 5TH ST Map Number: City,State: SHELTON WA Status: EXEMPT FULL YEAR Zip: 985843400 Description: BEVERLY HEIGHTS BLK: 7 LOTS: 10-13 &ALLEY AD] Comment: 2020 Market Value 2020 Taxable Value 2020 Assessment Data 1 Land: I $49,715 i Land: $0 1 District: 0001 -Tax District 0001 Improvements: ( $0 i Improvements: f $01 Current Use/DFL: No Permanent Crop: $0 j I Permanent Crop: Total $49,715 i;Total $0 Total Acres: — 0.5800 Ownership Owner's Marne ( Ownership o!o ; Owner Type MASON COUNTY 100 % Owner s Sales History No Sales History Historical Valuation Info i Year !Billed Owner 1 Land Impr. I PermCrop Value Total Exempt i Taxable 2020 MASON COUNTY $49,715 $01 $0 $49,715 $49,7151 $01 I 2019 MASON COUNTY $75,000 $01 $0 $75,000 $751000 i $01 2018 MASON COUNTY $85,000 $0 $01 $85,000 $85,000 $0 i 2017 ,MASON COUNTY I $85,000 1 $01 $0 $85,000 $85,000 $0 _2016 ,MASON COUNTY $85,000 so! $0 —$85,000 $85,0001 $0 View Taxes Parcel Comments No Comments Available Property Images No images found. 1.0.7424.24455 Data current as of:10/13/2020 4:04 PM TX_Rolftar Search:2020 https://property.co.mason.wa.usfTaxSifter/Assessor.aspx?keyld=3981098&parcelNumber-32030-51-07010&type[D=1 1/1 Vacant Land 360 Property View 2179 Lake Blvd, Shelton, WA 98584 Li�ing MLS#: '6044490 Status:Active (05/28/2020) listing Price: $35,000 Community: Shelton Area: 175-Shelton CDOM: 99 Original LP:$35,000 School District: Shelton Lot Size: .540 ac/23,522 sf Potential Terms:Cash Out,Conventional Marketing Remarks Nice level parcel within the Shelton City limits.Just over 1/2 acre in size.This lot is covered in evergreen trees and brush and zoned neighborhood residential. kAgent Remarks Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title Insurange.Please add attached addendum to P&S. Offers: Seller Intends to review offers upon receipt Directions: Lake Blvd to address Agent/Office Information Agent: Richard Beckman(35681) Agent Phone: (360)790-1921 Office: Richard Beckman Rlty Group L LC Office Phone: (360)426-5521 Finn Document Email: mail@RichardBeckman.com Office Fax: (360)426-1645 Commission:4 Commission Comments: Owner Information Owner Name: Mason County Owner Phone: (360)427-9670 Owner Name 2: Owner City:Shelton,WA General Information Property Type:Vacant Land County: Mason TaxID: 320305110001 Lot Number: 1-2,B-9 Block: 10 Ust Date: O5/2B/2020 ExpirDate: 12/31/2020 Lot Size: .540 ac/23,522 sf Lot Size Source: Realist Price/Lot SgFt:$1.49 Monthly Dues: School District:Shelton Elementary: Bordeaux Elem Junior High:Oakland Bay 3r HS Senior High: Shelton High Listing Information Style Code:40-Res-Less thn 1 Ae Zoning Jurisdiction: City General Zoning Classification: Residential Zoning Code: Neighborhood Res Sketch Submitted: No Possession: Closing Senior Exemption: No Potential Terms: Cash Out,Conventional Additional Property Information Annual Taxes: Tax Year. 2020 Preliminary Title Ordered:Yes Form 17:Not Provided Prohibit Blogging: Yes Bank/RE Owned: No Auction: No Right of First Refusal: No FIRPTA: No Common Interest Cmty: No Plat/Subdivision/Building Name:Shelton Lot Dim: 120x200 Quarter(Sec/Twn/Rng):30203 Map Book: Unknown Map Page/Coord: , 3rd Party Approval Required:None - Site Information Road Information: Paved Property Features: Brush,Evergreens,Lightly Treed Lot Details: Paved Street Improvements: Topography: Level Road Side:South Utility Information Sewer. Not Available Gas: Not Available Electricity:In Street Septic System Installed: No Septic Approved Num of Bedrooms: Soil Feasibility Test Available:No Soil Test Date: Septic Design Applied For: No Septic Design Approval Date: Water, Unknown Selling Information Plinted, from Mason County [)"M Printed from Mason County DMS Wan CnDeE%, RellabealCamatSeGawteed Ld Sze"Square Fmtage Are Eslmtm214=2:24.48PM. Printed from Mason County Primed from Mason County DMS 10/14/2020 TerraScan TaxSifter-Mason County Washington Alinielltunf 9r I/ LEGNt7gEq�WES MASON COUNTY� SA WASHINGTON TAXSITR syz�. SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Patti McLean Mason County Assessor 411 N STH ST Shelton,WA 98584 Assessor Treasurer Appraisal MapSiuter Parcel Parcel#. 32030-51-10001 Owner Name: MASON COUNTY DOR Code: 67-Services-Governmental Addressl: MASON COUNTY COURTHOUSE Situs: Address2: 411 N 5TH ST Map Number: City,state: SHELTON WA Status: EXEMPT FULL YEAR Zip: 985843400 Description: BEVERLY HEIGHTS BLK: 10 LOTS: 1-2&LOTS: 8-9 Comment. 2020 Market Value 2020 Taxable Value 2020 Assessment Data Land: $48,330 Land: $01 District: 0001 -Tax District 0001 Improvements: $0 I Imp er vovo ments: I $0` Current Use/DFL: No Permanent Crop: $0 Permanent Crop: $0 (Total $48,330 Total sol Total Acres: 0.540001 Ownership Owner's Blame Ownership°/a i Owner Type MASON COUNTY 100 % Owner Sales History No Sales History Historical Valuation Info Year (Billed Owner Land IImpr. PermCrop Value 'Total (Exempt iTaxalsle j 2020 MASON COUNTY $48,3301 $0 $0 i $48,330 $48,330 $0 2019 i MASON COUNTY $75,000 j $0! $0 $75,000' $75,000 $0' 2018 MASON COUNTY $85,000 $0 $0I $85,000 $85,000 $0 2017 MASON COUNTY $85,000 I $0 $0 E $85,0001 $85,000 1 $0 0 6 MASON COUNTY 1_ $85,000 i $0 j _ so! $85,000 f $85,000 i $0 View Taxes Parcel Comments No Comments Available Property Images No images found. 1.0.7424.24455 Data current as of:10/13/2020 4:04 PM TX_RollYear Search:2020 https://property.co.mason.wa.usrFaxSifter/Assessor.aspx?keyld=3981122&parcelNumber-32030-51-10001&typelD=1 1/1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW(please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other—please explain ITEM: Approval to set an Agenda Item on the November 3, 2020 Action Agenda for approval to reclassify the Senior Accounting Technician in Public Works Utilities and Waste Division to a Program Support Technician effective November 16, 2020 and place the incumbent in Step 1 of the 2020 Teamsters General Service Salary Scale. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions):The Public Works Director requests to reclassify the Senior Accounting Technician to a Program Support Technician based on the reclassification application submitted, which shows evidence the majority of the job duties have changed to the extent they are more accurately reflected in another existing classification description, which also entails an increased skill set, education and/or experience to perform the essential job duties. BUDGET IMPACT: Human Resources approximates the additional cost to be a 7.28% increase in the currently funded position. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION:Approval to set an Agenda Item on the November 31 2020 Action Agenda for approval to reclassify the Senior Accounting Technician in Public Works Utilities and Waste Division to a Program Support Technician effective November 16, 2020 and place the incumbent in Step 1 of the 2020 Teamsters General Service Salary Scale. ATTACHMENTS: Reclassification requests and Human Resources analysis Briefing Summary 10/14/2020 Human an Resources Budget Management Mason County Support Services Department Commissioner Administration 411 N 5' Street Emergency Management Facilities,Parks&Trails Shelton, WA 98584 Human Resources 360.427.9670 ext. 422 Information Services Labor Relations l.ss! Frank Pinter, Director Risk Management MEMORANDUM To: . Victor Rhett, Finance Manager From: Frank Pinter,Support Services Director Date: October 12,2020 Subject: Senior Accounting Technician Reclassification Request Union/Non Represented:Teamster's General Services Current Ranee/Step:Sr.Acct Tech Step.1-5 Salary:$52,884.72-$58,374.96 Requested Range/Step:Program Support Step 1-5 Salary:$58,154.16-$64,191.36 Requested New Title:Program Support Technician Background: (Per Department's Request) In the recent past,Finance Department was budgeted a Program Support Tech position.About March 2018,the last incumbent of the Program Support Technician position retired.The position was never filled.Responsibilities of the position were parsed between the finance manager and the Senior Accounting Technician. Ms. Arndt,Sr.Accounting Technician took on performance of those many of those duties. This reclassification seeks to recognize the increased complexity of the job duties performed bythe now Senior Accounting Technician.We found no job description that applies specifically to the Program Support Technician as performed in the Public Works Finance Department. Therefore,we are using the job description for the Program Support Position- Parks and Trails Department as a guide to assist us in proposing the job elements and duties performed in the Public Works Finance Department. Analysis: There is evidence to show the majority of the job duties have changed to the extent they are more accurately reflected in another existing classification description,which also entails a different skill set,which requires increased education or experience in order to perform essential job functions. HR Recommendation:Recommendation is to support the request to reclassify the incumbent of the Public Works— Utilities&Waste Senior Accounting Technician to a Program Support Technician based on the increased complexity of the essential job functions and assigned work. Human Resources recommends the incumbent be placed at a Step 1, which provides for 7.28%increase from the incumbents current salary range and Step placement. HR Recommended Range/Step: Program Support Technician Salary: $4,846.18 Dawn Twiddy From: Victor Rhett RECEIVED Sent: Friday, October 2, 2020 1:20 PM To: Dawn Twiddy OCT 0 5 2020 Cc: Loretta Swanson; Dawnell Arndt Subject: Reclassification Request, PW Finance Mason County Attachments: Reclassification Request Form, PW-Finance Arndt.docx Human Resources Hello Dawn, Attached, please find the completed reclassification request from Senior Accounting Technician to Program Support Services Technician in the Public Works Finance Department. The subject position is currently held by Dawnell Arndt. I have embedded the following supporting documents at strategically in the reclassification document: • Evaluation of duties performed—it contains 2 worksheets and a summary. • Current job description, Senior Accounting Technician • Proposed Job Description, Program Services Technician Please.let me know if you have questions or concerns. Thank you, Victor E. Rhett, CPA, CIA, CFE Finance Manager Mason County Public Works vrhett@co.mason.wa.us tel: (360)427-9670 ext.388 i ST F()R N111sorl Cotutty Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perform essential job functions. DATE:10/2/2020 UNION: DEPARTMENT: Public Works UNION APPROVAL:0 PREPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: • VictorE.Rhett,Finance Managcr EXEMPT❑ DATE:1.hl'!t 11.:V:10:_tu T J LI.rl. Dawnell Arndt,Sr.Accounting NON EXEMPT 0 REVIEWED BY: Teclmiciwi CURRENT JOB TITLE:Senior Accounting Technician CURRENT SALARY RANGE: 54,473.17 to$4.937.54 PROPOSED NEW JOB TITLE: Prognnn Support Teclmniciwm PROPOSED NEW SALARY RANGE: $4,918.87 to$5,429.52 ATTACHMENTS: Sr Acctg Tech III Program Support CURRENT JOB DESCRIPTION:® (new 2-6-14).pdf PROPOSED JOB DESCRIPTION-R- Tech-PW Finance,Pi BACKGROUND: hi die recent liast,Finance Deparfinent was budgeted a Program Support Tech position.About March 2018,dic last incwnbcnt of the Program Suppon Technician position rained.The position was never tilled.Responsibilities of die position were parsed between die finance nmanagerand die Senior Accocmdng Technician. Ms. Arndt,Sr.Accounting Technician took on pt:rfbnmiance ofdmosc many of those duties. This reclassification seeks to w-cognize die increased complexity of die job duties performed by the now Senior Accounting Technician.We found no job description that applies specifically to the Program Support Technician as performed in die Public Works Finance Department. Theivioro,we ate rising dic job desciip►ion for the Program Support Position-Parks and Trails Department as a guide to assist us in proposing time job elements and duties per ommed in the Public Works Finance Depwtuam. REQUEST(Speeificully outline dre job duties&increased education tcquircments,which mquite a dittrrent skill set causing the increased education &experience): We have outlined the job duties requiring a different skill set that in ouropituon concspond to the essential duties ofthe Program Support Technician job description. Please refer to our dcaailed job evaluation that is entbcdd ed hclow: all, Evaluation of lob Duties As Performec BASIS OF REQUEST(Reason why the position has now taken on the uewjob duties,outside of their normal type of woti.): The Sr.ACentrnlant Technician position has taken on the new,duties due to long-tcmi vacancy of the Progintn Support position and reassignment of much of flint work to the Sr,Accounting Tcchuiciaii outside of die normal duties. ACTION REQUESTED: We urge the Human Resources department with concurrence of the County Commissioners to reclassify upwards the position of Senior_ Accounting Technician to Program Support Technician in Public Works Finance,in accordance with our analysis, r Elected OffrciaMepattment Read Signature `- 1't r i���i 1 S�.l T Date �C Zb Z,a Human Resources Signature Date t o /L ZoLd rrr�n� srra t; ►iaT�—era �°racir.r,arrltc �_zl Pocs this request qualify for Reclassification? ❑Yes ❑No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑Yes❑No If"YES"Human Resources trust prepare the resolution and attachment's necessary. Date Approved:r'!:. '.. '.. .r ...r.. Once approved it is the responsibility of the department to subunit a Personnel Action Form. 's9pV cpLhA . POSITION DESCRIPTION Title: Senior Accounting Technician Department: Utilities and Waste Affiliation: Teamsters General Services Reports to: Public Works Finance Manager Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current Collective 1028 Bargaining Agreement Union Approval Date: Manager Approval Date: GENERAL DESCRIPTION: Performs highly technical accounting work and maintains departmental accounting records to provide management with necessary financial information. DISTINGUISHING FEATURES OF THE CLASS: This one position assigned to the Senior Accounting Technician classification is distinguished from the Accounting Technician classification by the greater degree of complexity of accounting duties related to grants, contracts and budgets. ESSENTIAL JOB FUNCTIONS: Performs multiple departments and funds accounting activities in the areas of budgeting, payroll,grants, contracts, accounts receivable, invoicing treasurer's deposits, building permit statistics, financial report compilation and other assigned accounting activities within departments and funds. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Prepares and maintains departmental journals and records for assigned activities per legal requirements and County procedures. Audits, reconciles discrepancies and corrects irregularities to ensure accurate records for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departments and miscellaneous funds budgets and in the preparation of cost estimates for work performed by department personnel. Maintains records of inventory and fixed assets within the department. Assists in the preparation of and monitors departmental grant budgets and contracts and charges appropriate expenditures, including labor and indirect costs against grants and contracts. Ensures departmental accounting practices comply with local, state and federal requirements and with any applicable grant or contract requirements by reviewing and monitoring procedures and practices. Prepares and submits departmental payroll and employee leave information to ensure employees are paid correctly. Maintains departmental personnel files and records ensuring confidentiality. OTHER JOB FUNCTIONS: Order office supplies, preparing advanced travel, provide customer service. Performs other related work as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. Regular, reliable and punctual attendance. Est.XXX/Rev 1-2.2017(format)/Rev 2-10.08.2020 QUALIFICATIONS: Knowledge of - Accounting principles, methods and terminology. - Governmental accounting and budgeting principles and procedures - Grant accounting procedures and processes. Basic data principles and accounting application software. BARS -Budgeting, Accounting and Reporting System. Ability to - Plan, organize and complete work in a timely manner. - Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles. - Communicate effectively, both orally and in writing. - Establish and maintain effective working relationships with staff, other agencies, vendors and the general public. - Apply and adapt established accounting methods to a variety of financial transactions. - Set work priorities. - Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: AA Degree in Accounting ora related field and three years of progressively responsible technical experience in governmental accounting, grant accounting, budgeting and payroll. LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: Valid WA State driver's license, or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Blood Borne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Blame: Date: Signature: Est.XXX/Rev 1-2.2017(format)/Rev 2-10.08.2020 co POSITION DESCRIPTION (Proposed) J yaw Title: Program Support Technician Department: Public Works-Finance, Department of Utilities and Waste Management Affiliation: Teamsters General Services Reports to: Public Works Finance Manager Exempt: Non-Exempt: X_ Supervises/Directs: None Job Class: 1029 Risk Class: 5306-07 Salary Range: According to current Collective Bargaining Agreement Union Approval Date: Director Approval Date: GENERAL DESCRIPTION Provide direct support to Manager in all areas related to department and program operations. Independently coordinate a variety of specialized project operations. DISTINGUISHING CHARACTERISTICS The classification of Program Support Technician is distinguished from a Senior Account Technician classification by the greater degree of complexity in department and program support duties, independent judgement required to complete tasks and the diversity of responsibilities affiliated with departmental and program operations. Responsibilities and duties involve independently completing specialized and complex assignments to ensure achievement of goals and objectives established within the department. Positions in the Program Support Technician classification are directly responsible for providing clear and concise information to staff, program participants, other departments within the county, and individuals representing both the public & private sector. Positions in this classification are required to work independently. Task assignments for the Program Support Technician classification require knowledge and experience specific to the department and special programs within the department. Positions in this classification are expected to function with limited supervision and minimal direction. ESSENTIAL JOB FUNCTIONS (Anyone position maynotinclude all of the duties listednordo the listed examples include all tasks, which may be found in positions of this class.) Emphasized duties are shown in red. A. Performs tasks requiring knowledge and experience that is specific to a department or specialized program and provides administrative office support for the department. a. Liens-process legal documents,file with the County Auditor b. Bankruptcy—process bankruptcy claims,confer with DPA,create recovery accounts receivable, determine additional action to minimize loss to county. B. Coordinates operations with the Manager to ensure departmental adherence to established procedure, rules, and regulations. C. Independently prioritizes activities to guarantee completion of task assignments in order to meet established deadlines. D. Participates in planning, organizing and coordinating departmental functions; assists with preparation and administration of department budget for payroll and operations. (adapted from): Est.9/l/2006/Rev 1-8.13.2020 E. Provides departmental representation to other agencies, departments, clients, participants, and members of the public; including interpretation of policies, procedures, and regulations. Assists clientele by providing department interpretation of policies, procedures, and laws; responds to questions regarding the department verbally, in writing or by providing appropriate printed material. a. Interfaces with-realtors, title companies, attorneys, to recover unpaid utility billings. Confers with DPA. F. Prepares statistical and narrative elements of annual department budget to the Manager for submission to Board of County Commissioners, County Budget Director, and Chief Accountant. Develops accurate information to support budgetary requests for the department. Calculates annual revenue and expenditure estimates required for efficient operation of the department. G. Assists in management of department budget via coordination of expenditures allocated to personnel, maintenance and operations, capital improvement projects, and grant programs. H. Ability to perform all duties of supporting subordinate personnel for training of new staff and/or in the event of vacancies or emergencies. I. This position is responsible for directing the activities, serving as.lead and some supervisory authorities regarding other employees. J. Assists with annual budget preparations and provides recommendations for department improvements. .. K. Assists with the interviewing and hiring-of new employees. L. Provides on the job training and cross training-to workers in equal and lower job classes. M. Regular and reliable attendance. WORKING CONDITIONS Duties are primarily performed in an office environment while sitting at a desk or computer with frequent interruptions, usually for delivery of service to the public: Duties also include meeting the requirements of weekly, monthly, quarterly and annual deadlines for submission of various records and reports, often under stressful conditions.Travel is required on a regular basis to complete the voucher process, pick up mail, and attend meetings. May involve contact with annoyed and sometimes argumentative individuals. QUALIFICATIONS Knowledge of. • Practices, principles, and procedures associated with departmental programs. • Knowledge of county finance, budget and grant management principles and practices • Working knowledge of Government Budget, Account and Report System (BARS) • Data collection, analysis and delivery; including statistical reporting • Legal requirements, regulations and laws applicable to program Ability to • Establish and maintain effective work relationships with staff, other County departments, outside agencies and the general public. • Operate a variety of office equipment including computer terminals and a variety of software. • Perform complex, technical calculations • Produce accurate, effective statistical documents related to the department • Communicate effectively, both orally and in writing • Perform'under stressful conditions and meet established deadlines • Provide cash handling skills and ability to follow cash handling policy • Physically perform the essential functions of the job EDUCATION AND EXPERIENCE Any equivalent combination of education and experience,.which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Two years technical or college level courses in accounting, office technology or related field and three years progressively responsible office experience with emphasis on Government Budget, Account and Report System (BARS); with a working knowledge of county finance, budget, utility ,billing and collections procedures and grant management principles and practices. (adapted from): Est. 9/l/2006/Rev 1-8.13.2020 LICENSES, CERTIFICATES AND OTHER REQUIREMENTS Valid Washington State Driver's License Five Year Driver's Abstract indicating no serious moving violations Ability to pass a Washington State Patrol background check reflecting suitability for finance related work. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment& Discrimination Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually FMLA-Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: (adapted from): Est. 9/1/2006/Rev 1-8.13.2020 Assignment Pgm Sr ID Duties Actually performed (per incumbent) Sup. Acct. 1 I answer to both Utilities&Waste's deputy director and answer to the accounting finance manager E 2 Work with the departments supervisors for any information they need and help.in changing and updating old and outdated procedures B 3 1 Set up and now maintain Utilities&Wastes asset tracking in CAMS X 4 Accounts Payable processing—including Credit Cards using BARS X 5 Assist in setting up project and maintaining project files, (creating is a PS Tech function) A 6 Prepare and submit grant submittals for reimbursementper individual grant requirments A 7 Maintain and update grant files. X 8 A/P processing X Process Bankruptcy notices—stop utility account as of date of bankruptcy, 9 start a new account with current charges and linking both accounts for an accurate history of such accounts. A 10 Export invoices from CAMS to Munis—fix any errors X 11 Post Accounts Payable batches X 12 Verify& prepare loan & bond payments with BARS coding X 13 Mail Accounts Payable Warrants &enter warrant numbers in CAMS X 14 Update,Verify& Enter ACH info for Utility Accounts X 15 Update and release ACH info in Columbia Bank secure access for Utility Accounts X 16 Run Munis &Treasurer reports for balancing purposes X 17 Run and post monthly Utility service charges and finance fees X 18 Run Belfair sewer loan charges& post X 19 Run Belfair loan statements& Mail x 20 Receipt and deposit loan payments X 21 Verify refund requests X 22 Pay Quarterly SW Enforcement fee to Environmental health X . 23 Compiles and issues solid waste and utilities tax report and submits SOW Dept of Revenue. C 24 Prepare excise, B&O taxes monthly for the dept of revenue E 25 Create new utility accounts& update charge codes B 26 Post Penalties& New charges for Utilities Monthly X 27 Update customer balances in point& pay X 28 NSF charges to accounts X 29 Receive connect fees and process permit X 30 Setup payment arrangements with past due customers E 31 1 am back-up public records officer B 32 Box up previous years info & log in accounting records X 33 Send locate requests to utilities operating staff X 34 Answer Phones& Provide Customer Service- X 35 Assist in other Billings interdepartmental/intergovernmental E 36 Receipt&deposit payments for Utilities&Solid Waste when our clerk is on vacation A Assignment pgm Sr ID Duties Actually performed (per incumbent) Sup. Acct. 37 Post payments to Utilities&Solid Waste accounts x 38 Assist Solid Waste acct customers with billing problems x 39 Balance monthly Cash Flow Sheet F 40 Balance cams to munis including journal entry x 41 Process Liens and releases A, E 42 Run CAMS reports for needed information for other departments and for budgetary purposes E 43 Assist in setting up project and maintaining project files A 44 Trains subordinates in financial matters and procedures A 45 Position prepares statistical info and reports needed for budgetary process p 46 Assists employees and the public in researching record information x 47 1 seem to be the go to person for my co workers when they are not sure how to do something or they are not sure how to fix a mistake. A 48 1 always step up and take the lead with things that need to be done: organizing office, record keeping and meeting deadlines. C 49 Works with Treasurers office in utilities forclosure proceedings JE 50 File claims on bankruptcy cases when applicable E,C MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 10/19/2020 PREVIOUS BRIEFING DATES: N/A (If this is a follow-up briefing, please provide only new information) ITEM: Approval of the January 1, zozo — December 31, 2023 Collective Bargaining Agreement(CBA)for Teamsters Union Local No. 252 representing Mason County Community and Family Health staff,with retro to January 1, zozo. BUDGET IMPACTS: Supplemental—Funded by Public Health Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County Community and Family Health staff have reached a tentative agreement with Mason County for the 2020-2023 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 1, 2oz3. - December . 31, 2023 Collective Bargaining Agreement (CBA) for Teamsters Union Local No. 25z representing Mason County Community and Family Health staff with retro back to January 1, zozo. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. Briefmg Summary 10/14/2020 '\ 1 Final DRAFT 2020-2023 Teamsters-Com Family Health AS OF 10132020.doex Printed on 10/13/2020 COLLECTIVE BARGAINING AGREEMENT January 1, 2020 - December 31, 2023 BETWEEN - TEAMSTERS UNION LOCAL NO. 252 � ,��ptaERyOo � O � m D MASON COUNTY COMMUNITY AND FAMILY HEALTH AND MASON COUNTY 0$pN CO ,A 1854 TABLE OF CONTENTS PREAMBLE.....................................................................................................................................................................5 ARTICLE1 -DEFINITIONS.........................................................................................................................................5 ARTICLE2-RECOGNITION......................................................................................................................................6 2.1 RECOGNITION...................................................................................................................................................6 2.2 NEW CLASSIFICATIONS.............................................:.....................................................................................6 ARTICLE3-UNION SECURITY.................................................................................................................................6 3.1 MEMBERSHIP...................................................................................................................................................6 . 3.2 NONDISCRIMINATION-UNION ACTIVITY.............................................:...........................................................7 ARTICLE 4-UNION/EMPLOYER RELATIONS....................................................................................................7 4.1 UNION ACCESS................................................................................................................................................7 4.2 FACILITY USE...................................................................................................................................................8 4.3 STEWARDS........................................................................................................................................................8 4.4 ORIENTATION...................................................................................................................................................8 4.5 BULLETIN BOARDS...........................................................................................................................0..............8 4.6 CONTRACT DISTRIBUTION................:..............................................................................................................8 4.7 NEGOTIATIONS RELEASE TIME.....................................................................................................................-9 4.8 GRIEVANCE RELEASE TIME.........................................................................................................0...................9 4.9 UNION BUSINESS.............................................................................................................................................9 ARTICLE5-EMPLOYMENT......................................................................................................................................9 5.1 PROBATIONARY PERIODS.............................................................................................................0..................9 5.2 TYPES OF EMPLOYMENT................................................................................................................................10 5.3 CONTRACTORS.........................................................................................................................................0....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.....................................................................................................................................................12 ARTICLE 7-EMPLOYMENT PRACTICES..................................................................................-.......................13 7.1 NONDISCRIMINATION......................................................................................................................................13 7.2 JOB POSTING..................................................................................................................................................13 7.3 - PROMOTIONS........................................................................................................................0........................13 7.4 PERSONNEL FILE/POLICIES.........................................................................................................................13 7.5 EVALUATIONS................................................................................................................................................14 7.6 DISCIPLINE/CORRECTIVE ACTION...................................................................................0...........................14 ARTICLE8-SENIORITY........o...........................................................................................-...-.-.....-..................16 8.1 DEFINITIONS.......................................................................................:...........................................................16 8.2 APPLICATION OF SENIORITY.........................................................................................................................17 8.3 PROBATIONARY PERIOD.............................................................:..................................................................18 8.4 LOSS OF SENIORITY......................................................................................................................................18 8.5 LAYOFFS........................................................................................................................................................18 8.6 NOTICE...........................................................................................................................................................19 8.7 MEETING WITH UNION....................................................................................................................................19 8.8 AFFECTED GROUP.........................................................................................................................................19 8.9 VACANT POSITIONS.......................................................................................................................................20 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 2 8.10 SENIORITY LIST.............................................................................................................................................20 8.11 ORDER OF LAYOFF........................................................................................................................................20 8.12 COMPARABLE EMPLOYMENT........................................................................................................................20 8.13 LAYOFF OPTIONS..........................................................................................................................................21 8.14 REDUCTION HOURS/FTE.............................................................................................................................22 8.15 RECALL...........................................................................................................................................................22 8.16 VACATION&LEAVE CASH OUTS/PAY........................................................................................................23 8.17 UNEMPLOYMENT CLAIMS..............................................................................................................................23 ARTICLE9-WAGES.................................................................................................................................................23 9.1 WAGE SCHEDULE..........................................................................................................................................23 9.2 HIRE-IN RATES.............................................................................................................................................23 ARTICLE 10-OTHER COMPENSATION...............................................................................................................23 10.1 BILINGUAL PAY........................................................................................................................................23 10.2 CALL-BACK PAY.....................................................................................................................................24 10.3 LEAD WORKER........................................................................................................................................24 10.4 WORK IN A HIGHER CLASSIFICATION.....................................................................................................24 10.5 MILEAGE REIMBURSEMENT.....................................................................................................................24 10.6 LONGEVITY...............................................................................................................................................25 10.7 CERTIFICATIONS......................................................................................................................................25 ARTICLE 11 -HOLIDAYS..........................................................................................................................................25 11.1 HOLIDAYS.........................................................................................................................................:......25 11.2 RELIGIOUS HOLIDAYS..............................................................................................................:..............25 11.3 HOLIDAY OBSERVANCE...........................................................................................................................25 11.4 HOLIDAY ON DAY OFF............................................................................................................................25 11.5 HOLIDAY COMPENSATION.......................................................................................................................26 ARTICLE12-VACATION..........................................................................................................................................26 12.1 VACATION ACCRUAL...............................................................................................................................26 12.2 VACATION SCHEDULING..........................................................................................................................26 12.3 VACATION PAY........................................................................................................................................27 12.4 VACATION UPON TERMINATION..............................................................................................................27 ARTICLE13-SICK LEAVE.......................................................................................................................................27 13.1 SICK LEAVE ACCRUAL............................................................................................................................27 13.2 SICK LEAVE USAGE.................................................................................................................................27 13.3 SHARED LEAVE.......................................................................................................................................27 13.4 COORDINATION WORKERS COMPENSATION 28 13.5 FAMILY MEMBER.....................................................................................................................................28 13.6 SICK LEAVE CASH OUT...........................................................................................................................29 ARTICLE 14-LEAVES OF ABSENCE...................................................................................................................29 14.1 IN GENERAL.............................................................................................................................................29 14.2 JURY DUTY/COURT................................................................................................................................29 14.3 MILITARY LEAVE.............................................................................................................:........................29 14.4 BEREAVEMENT........................................................................................................................................29 14.5 MAINTENANCE OF SENIORITY.................................................................................................................29 14.6 LEAVE WITHOUT PAY..............................................................................................................................30 14.7 FAMILY LEAVE-FMLA..........................................................................................................................30 14.8 MATERNITY LEAVE..................................................................................................................................30 14.9 INCLEMENT WEATHER.............................................................................................................................31 14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE...................................................................................31 ARTICLE 15-HEALTH &WELFARE.....................................................................................................................31 15.1 HEALTH AND LIFE INSURANCE...............................................................................................................31 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 3 15.2 RETIREMENT............................................................................................................................................32 ARTICLE16 -TRAINING............................................................................................................................................32 16.1 TRAINING..................................................................................................................................................32 16.2 TRAINING REIMBURSEMENT....................................................................................................................32 ARTICLE 17—LABOR/MANAGEMENT COMMITTEES....................................................................................32 17.1 PURPOSE OF COMMITTEE........................::.............................................................................................32 17.2 COMPOSITION OF COMMITTEE................................................................................................................32 17.3 COMPENSATION.......................................................................................................................................32 ARTICLE 18—HEALTH &SAFETY......:..................................................................................................................33 18.1 SAFE WORKPLACE..................................................................................................................................33 18.2 HEALTH&SAFETY PLAN........................................................................................................................33 18.3 DRUG FREE WORKPLACE.......................................................................................................................33 18.4 WORK PLACE VIOLENCE.........................................................................................................................33 ARTICLE 19-GRIEVANCE PROCEDURE.............................................................................................................33 19.1 GRIEVANCE DEFINED..............................................................................................................................33 19.2 GRIEVANCE PROCEDURE...............................................:........................................................................34 19.3 UNION/EMPLOYER GRIEVANCE.............................................................................................................35 19.4 SCHEDULE OF MEETINGS........................................................................................................................36 ARTICLE 20 -NO STRIKE/NO LOCKOUT...........................................................................................................36 20.1 NO STRIKE/NO LOCKOUT......................................................................................................................36 ARTICLE 21 —MANAGEMENT RIGHTS AND RESPONSIBILITIES.................................................................36 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.....................................................................................36 ARTICLE 22 -GENERAL PROVISIONS.................................................................................................................37 22.1 SAVINGS CLAUSE....................................................................................................................................37 ARTICLE 23—ENTIRE AGREEMENT.....................................................................................................................37 23.1 DURATION CLAUSE .................................................................................................................................37 23.2 ENTIRE AGREEMENT...............................................................................................................................37 SIGNATURES...............................................................................................................................................................37 SALARY TABLE—ATTACHMENT A.......................................................................................................................38 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or"Employer," and Teamsters Union Local#252, hereinafter referred to as the"Union," do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly and cooperative relations between their respective representatives at all. levels and among all employees. ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamsters Union Local #252. 1.2 "Employer' shall mean the Board of Mason County Commissioners and Mason County as identified in the Preamble to this Agreement. 1.3 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 "Executive", "Administrative", and "Professional" Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Attachment A of this Agreement. 1.6 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered partner, grandparent, parent (biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), sibling, child (biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis, is a legal guardian, or is de facto parent, regardless of age or dependency), grandchild in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer. 1.7 "Overtime" shall mean all Employer-required work, which has been performed in excess of forty (40) hours per week. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 5 1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.9 "Working Day" shall mean for the purpose of timelines associated with grievances, appeals and policy issues, an 8-hour working day, excluding holidays. ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamsters Union Local 252, Centralia, Washington, has the right to bargain for all full-time and regular part- time employees of Mason County Community Services, Office of Community and Family Health, excluding supervisors, confidential employees, and clerical employees. All collective bargaining with,respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer.Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented in Attachment A, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented in Attachment A, the .Union will be notified of the pending action within ten (10) working days of the date that the position is first posted / advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation or PERC ruling. ARTICLE 3 —UNION SECURITY 3.1 MEMBERSHIP a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 6 serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have no less than a thirty (30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union maythe'Union collectfees. In addition,the Union shall explain tothe 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 an 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 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 7 Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Steward(s) for each County Department. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties,the Steward shall inform his/her supervisor of the need to be away from his/her work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case, then the Department Head shall allow the Steward time to perform his/her Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards and Officers. With notice to the Employer, Stewards and/or the Officers shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. 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 no less than thirty (30) minutes within the first ninety (90) days from the employee's start date, which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. All material shall be signed by an Officer of the Union. ,Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to-each new and current employee in the unit. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 8 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 or Officers provide notice to their and the grievant's supervisor, which will be granted unless the steward, Officer or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards or Officers to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such Steward activities outside the employee's work shift, without express pre-authorization by the Steward's Department Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it'is necessary for a r duly authorized Officer of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, stewards and/or the Officers shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Union Officer or Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. ARTICLE 5— EMPLOYMENT 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. New employees with prior related experience may be placed at a step in the salary range equivalent to one step for each two years of experience, up to a maximum of three steps or consistent with current personnel policy. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six (6) month probationary period for new employees up to an additional six (6) months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 9 the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for six (6) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular full-time employees are eligible to receive the standard benefit package. 6.2.2 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. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours, or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if part-time temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment, or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority; as to their former position,,during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/ project may be terminated at any time for any reason, with or without notice. 6.2.4 EXTRA HELP EMPLOYEES: An extra help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 10 r 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty (1,040) accumulated hours in a twelve(12) month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. "Contractors"who are not employees of the Employer will be permitted to do bargaining unit work where both the need is occasional and temporary and when there are not regular staff either qualified or available to do such work. Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present-any alternative means of cost-savings besides subcontracting for the County to consider. Although the County has the final decision on whether to subcontract, that decision must be based on economic response after considering alternatives presented by the Union. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 5.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6— HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40) hours of time actually worked or compensated within a seven (7) day period (typically Sunday 12:00 a.m. through Saturday 11:59 p.m.). Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 a.m. to 5:00 p.m., unless the Manager establishes an,alternate work schedule pursuant to 6.3, below. A. The regular workweek shall normally consist of five (5) consecutive workdays with two (2) consecutive days off. B. Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Manager. Employees are entitled to take one (1) fifteen-minute break for every four (4) hours worked; breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. C. Regular part-time employees normally are scheduled to work less than forty(40) hours per workweek. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 11 FLEX TIME: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and his/her Manager. These work schedule adjustments shall not result in the application of the overtime provisions. ALTERNATE WORK SCHEDULES: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Manager, with prior notification to the employee and the Union, in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5) working days' notice from the Manager. Less than five (5) working days' notice may be given if mutually agreed between the employee and Manager. Employees may request an alternate work schedule, which is subject to approval by the Manager. CALL OUT TIME: When an employee is called out to work outside of his/her regular work hours, the employee shall be paid a minimum of two (2) hours pay at the appropriate rate. The two (2) hour minimum shall not apply if the hours worked are immediately before or after the employee's regular work hours. 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Department Head. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. 6.4 OVERTIME Any employee who works more than forty (40) hours in a workweek shall be paid one and one-half(1 1/2)times their straight-time hourly rate for all such overtime hours worked. All overtime hours worked shall be approved by the Manager. Any work on a Sunday that is required by the Manager and which falls outside of the employee's regular workweek or work schedule shall be compensated at two times the employee's regular hourly rate of pay Upon a request to work beyond the regular workday, by mutual agreement, the parties may agree upon an adjusted work-week for that specific workweek, for purposes of employee convenience and to avoid overtime. 6.5 COMP TIME The Department Head or Manager may authorize comp time in lieu of overtime'compensation and, if so, the employee shall receive comp time at the rate of one and one-half (1 1/2) their regular rate of pay for all overtime hours worked. Comp time earned may be used only on the days mutually agreed by the employees and the County. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches the eighty(80) hours maximum. For employees hired on or after January 1, 2020, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used, or paid out by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium. or overtime pay shall not be duplicated or 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 12 pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. ARTICLE 7— EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Mindful of their legal and moral obligations, the parties agree that in their service to the public they will provide equal treatment and respect for all including the public, as well as the parties to this Agreement. Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or- any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. All references to gender in this Agreement are intended to refer equally to male and female. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. 7.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than ten (10) calendar days before the position is filled. The posting shall indicate the salary range for the position,the required or preferred minimum qualifications and/or experience, the Department to whom the position will report and the application process. . 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification (from a I to a II, or III) which is compensated at a higher salary range. B) Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary range. C) Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. Employees who promote, transfer or voluntarily demote to another job classification within their Office or Department shall serve a six (6) month trial service period in their new position. When an employee is promoted (for example Community Health Specialist I to II, or III) they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage increase. Step increases from that date will depend on where the employee is placed 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. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 13 The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Department Head or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and-, ommendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where'the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually (at date of hire or a common date) thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action -disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any_regular employee and any such discipline, dismissal or demotion shall be made only for just cause. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 14 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, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 7.6.1 That the Employer did forewarn employee of possible consequences of conduct; 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 15 7.6.2 That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 7.6.3 That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 7.6.4 That the Employer conducted its investigation objectively; 7.6.5 That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 7.6.6 That the Employer applied its rules, orders, and penalties without discrimination under the circumstances; and 7.6.7 That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 8 —SENIORITY 8.1 DEFINITIONS Classification Seniority: The service time spent in a job classification within the bargaining unit. County/Employer Seniority: The total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire, upon completion of the original six (6) month probationary period. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra Help position. Time in service in a temporary position shall count for leave accrual or step movement purposes only. A temporary employee or a regular employee in a temporary position who is hired without a break in service directly into a regular position in the same classification shall be credited for Office/Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 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. 2020-2023 Collective Bargaining Agreement . Mason County and Teamster 252-Community and Family Health Page 16 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FT-E) positions or in the number of partial FTE's within the Employer or within a job classification covered by this)Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Department. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 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 County seniority as defined by this Article. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For the purpose of layoff, seniority shall mean time spent in a job classification within the bargaining unit. For all other purposes,,seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period 8.2.1 Postings/ Promotions In regard to job postings, promotion and reassignment, "qualifications" and/or"ability"will be the primary consideration, with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. 8.2.2 Layoffs Classification Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office/Department Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 17 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration,- applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD Upon successful completion of the probationary period for newly hired employees, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Classification seniority shall then be based on continuous service with the Department in that classification. A probationary employee does not have the right to grieve dismissal. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on layoff status who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: ❖ resignation; ❖ discharge; ❖ retirement ; ❖ Layoff/Recall list of more than eighteen (18) months; ❖ failure to respond to two (2) offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly-hired employee for all purposes under this Agreement. 8.5 LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full- time equivalent (FTE) positions or in the number of partial FTE's within the Employer or within a job classification covered by this Agreement. For purposes of this.article, a layoff is further identified as an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 18 employee's normal workweek or work month (i.e. any reduction in hours which results in a regular position being less than their budgeted FTE). The Employer may reduce the work force because of lack of work or lack of funds. Total Classification Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by county seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. If normal attrition is not feasible, then the Employer shall determine which position(s) will be eliminated. The least senior employee(s) in the affected job classification(s) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided the is a regular employee qualified to do the work of the position and unique skills are not required. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notify the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTE's to be affected by the layoff. The employee(s) holding such FTE's, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Classification seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 19 In cases where Classification seniority within a job classification is equal, County seniority will be the determining factor. If all of the seniorities are equal,then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 8.11 ORDER OF LAYOFF The least senior employee(by Office/Department Seniority)within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra help or temporary basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 20 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. they have more seniority than the employee they will bump; 2. the job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; 3. they previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and 4. they provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of his/her bumping. right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days'written notice of the layoff. If the employee is eligible to bump another employee pursuant to the conditions in Subsection D, above, then . that third employee identified for layoff shall be laid off. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills 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. 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. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 21 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. 8.16 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list for the classification he/she was laid off from,for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s)for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their department that they are qualified to perform. It shall be the responsibility of each person on a recall list to keep the County informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no.response within fourteen (14) calendar days after the County has mailed a certified letter(return receipt request)to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification 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 in the bargaining unit 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 vacation leave at the same accrual rate in effect as of the date of layoff, and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time,positions shall be subject to pro-rated benefits as described in other articles of this Agreement. 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 ifi cation(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 22 A copy of the recall list shall be provided to the Union, upon request. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 8.16 VACATION &LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9 —WAGES 9.1 WAGE SCHEDULE. Effective upon the signing of this Agreement through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix A adjusted by the increase as set forth below: INCREASE 1/1/2020 2.25% 1/1/2021 1.75% 1/1/2022 1.50% 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step A of the appropriate salary range or placed consistent with current personnel rules. ARTICLE 10 — OTHER COMPENSATION 10.1 BILINGUAL PAY Eligible employees shall receive Bi-Lingual pay for the certification level authorized by the Employer: ❖ Seventy-five dollars ($75.00) per month for the General certification ❖ One hundred dollars ($100.00) per month for the Medical certification ❖ One hundred twenty-five dollars ($125.00) per month for the Legal certification Eligibility requirements: a. The County shall determine if Bi-Lingual pay shall be utilized, the language(s) that Bi- Lingual is payable for and.the number of employees eligible for Bi-lingual pay. Spanish 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 23 is the current payable language. b. Bi-Lingual general, medical, or legal certification through DSHS. The County, at its discretion, may choose which certification(s) are required and acceptable substitutes, such as certification from other states. 10.2 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. . Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half(1'h)times the regular rate, unless an adjusted work week is mutually agreed upon per Article 6.4. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 10.3 LEAD WORKER The County Department Head with the approval of Human Resources, may designate an employee as a Lead Worker; such designation is not considered to be a"job vacancy"or"newly created position" as referenced in Article 8—SENIORITY, Section 2. Employees who are assigned to act as working Lead shall receive an additional 5% above their applicable rate of pay. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker will typically direct, oversee and/or organize the work of other employees. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. 10.4 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: a. providing work coverage during an authorized vacation period; b. providing work coverage during an authorized sick leave; c. providing work coverage for an authorized leave of absence; or d. providing work coverage for a currently vacant position. If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent (5%) increase. 10.5 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 24 10.6 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Total Years of Service Completed Additional Pay Increment Beginning of 11t'Year of County Service 1.5% Beginning of 161 Year of County Service 3.0% Beginning of 21st Year of County Service 4.5% Beginning of 26th Year of County Service 6.0% 10.7 CERTIFICATIONS The County shall pay for the costs of all physical examinations, immunizations, testing (other than the basic Washington State Driver's License), and/or training that the County has required as a condition of continuing employment in the employee's classification. This benefit shall be for current employees only; it excludes the cost(s) of any certification/testing/examination required to meet the conditions of employment for the prospective employee's position. Should an employee seek to transfer to a new position requiring certification/testing/examination to meet the minimum requirements for the position, the cost shall be borne by the employee. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following list will be the annual recognized paid holidays: New Year's Day Labor Da Martin Luther King Day Veterans' Da Armistice Da President's Day Thanksgiving Da Memorial Day Day After Thanksgiving July Fourth Christmas Eve Da Two 2 - Floating Holidays Christmas Da For any holiday to be paid an employee must be in paid status the employee's scheduled workday before and the employee's scheduled workday after the holiday. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval,with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY OBSERVANCE When a recognized holiday falls on Saturday, the day preceding it will be allowed, and when falling on Sunday, the day following will be allowed as a regular paid.holiday. 11.4 HOLIDAY ON DAY OFF When a holiday falls on an employee's scheduled day off, an alternate day off will be approved within the same workweek. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 25 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 shall receive paid holidays on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6) months' employment shall be entitled to and receive vacation leave with pay as follows: 1st through 31d year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11 th year of employment 160 hours 12th through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20th year or more 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. Employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has been attained, except when approved in writing by the Department Head. Regular and temporary full-time employees must work or be in a paid status at least eighty(80) hours in a month in order to accrue vacation leave for the month. Regular and temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty (80) hours as their regular hours are to full-time employment to accrue.vacation leave for that month. 12.2 VACATION SCHEDULING Vacation leave must be requested in writing, in advance, and is subject to the written approval of the Department Head or designee. Vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until he/she has successfully completed the initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 26 Whereas the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION When a' Regular and Temporary full-time or Regular and Temporary part-time employee's employment terminates, the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. ARTICLE 13 -SICK LEAVE 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours, at the rate of eight (8) hours per month for each calendar month of continuous employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. Sick Leave cannot be taken before it is actually earned. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe 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 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 27 of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty (30) days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; ' Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04. 13.4 COORDINATION -WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. SICK LEAVE -ADJUSTMENT FOR WORKER'S COMPENSATION: A. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with state law. B. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. C. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G., If any employee has no sick leave accumulated, vacation leave may be substituted. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as defined in Article 1.6. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 28 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused accrued sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, shall not be eligible to receive any cash out of their accrued sick leave upon separation from County service, and there shall be no cash out benefit provided to his/her estate upon, the employee's death. ARTICLE 14— LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period.in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all rights and privileges provided by the ACT. 14.4 BEREAVEMENT Up to three(3) days' paid bereavement leave may be taken in case of death in the immediate family requiring the attendance of the employee (funerals are included). Two(2) additional days'sick leave may be taken at the employee's request. Immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations for purposes of this article: wife, husband, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law,father-in-law, sister-in-law, brother- in-law, son-in-law, or daughter-in-law. 14.5 MAINTENANCE OF SENIORITY 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 29 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 An employee may request a leave of absence without pay for up to a period of(1)year.As appropriate for the type of leave requested, all allowable leave balances must be exhausted prior to taking a leave of absence without pay, except for using vacation leave during an employee's probationary period. If a leave of absence without pay is granted,the employee shall have return rights to his/her previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article XVI, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such.as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment,and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). All leave balances must be exhausted prior to an employee taking leave without pay. The Employer will grant leave consistent with state and federal law. Family leave shall be consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. 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). 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 30 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, consistent with the retention provision as provided in Article _ 14.7. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. ARTICLE 15— HEALTH &WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. A. Effective January 1, 2020 the contribution shall be increased_to one thousand three hundred ten dollars ($1,310) per month during the term of this Agreement for each eligible employee for medical,-dental, vision, and life insurance coverage. B. Effective January 1, 2021 the contribution shall be increased to one thousand three hundred sixty two dollars ($1,362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2022 the contribution shall be increased to one thousand four hundred fourteen dollars ($1,414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Eligible employees are those Regular and Temporary full-time and Regular and Temporary part- time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time payouts upon separation from employment) or more per month during the calendar year. The above contribution is to be applied to premiums for PEBB Medical Plan and current County vision, dental, and life insurance plans. In the event the County's maximum monthly contribution is insufficient to provide 100% of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. 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. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 31 The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. ARTICLE 16 -TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act (FLSA) and WAC 296-128- 500. 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, at a minimum quarterly, concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to three(3)members from the Bargaining Unit and the Union staff representative, up to three (3). members from the Employer, including a representative from Human Resources, and one (1) representative from the Employer acting as clerk. The committee will meet from time to time during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer and a minimum of three (3) representatives appointed by Local No.1504, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 32 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. Fitness For Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may physically incapable of performing the essential functions of the job and/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 an employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19 -GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of this 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. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 33 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 automatically permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance,of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: 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 employee's immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may 'schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case the supervisor shall respond to the grievance within seven (7) calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at Step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Department Head within ten (10) calendar days of the incident giving rise to the grievance. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The 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 to the Department Head within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Department Head shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten (10) calendar days of receipt of the grievance, the Human Resources Director or designee shall schedule a meeting with the employee and Union Steward/Union Representative to hear and seek to resolve the grievance. The Human Resources Director shall provide -a written answer to the employee and the Union 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 34 Steward/Union Representative within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The parties may request the Public Employment Relations Commission (PERC) to supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The written referral to arbitration must be made within thirty (30) calendar days after the decision of the Human Resources Director, and a copy of the referral provided to the Department Head and the Human Resources Director. The referral to arbitration will contain the following: 1. Question or questions at issue; 2. Statement of facts and position of each respective party; and 3. Copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. 'Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / 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 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 35 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. ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level,of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 36 E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Layoff staff or reduce working hours due to a lack of work or lack of funds. K. Take all actions necessary to carry out the mission of the County in emergencies. ARTICLE 22 - GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a 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 be in full force and effect from January 1, 2020, through December 31, 2023. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no-oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistdnt 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. SIGNATURES DATED this day of 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 37 TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Russ Walpole; Sec-Treasurer Sharon Trask; Commissioner Shandi Cardin; Business Agent Kevin Shutty, Commissioner Approved as to form: Timothy Whitehead Randy Neatherlin; Commissioner Chief Deputy Prosecuting Attorney SALARY TABLE —ATTACHMENT A Reflects 2.25%ATB Increase Note: Numbers may vary slightly due to rounding in MUNIS 2020 1 1 Step 1 Step 2 1 Step 3 Step 4 Step 5 Step 6 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and'Family Health Page 38 Community Health Spec III 5,455.77 5,592.16 5,731.97 5,875.26 6,022.14, 6,172.70 Community Health Spec II 4,085.21 4,187.34 4,292.02 5,455.77 5,592.16 5,731.97 Community Health Spec 1 3,793.53 3,888.36 3,985.57 4,085.21 4,187.34 4,292.02 Public Health Nurse III 5,508.13 5,645.83 5,786.97 5,931.65 6,079.93 6,231.93 Public Health Nurse II 4,990.10 5,114.85 5,242.72 5,508.13 5,645.83 5,786.97 Public Health Nurse 1 4,633.80 4,749.65 4,868.39 4,990.10 5,114.85 5,242.72 Public Health Ed III 4,897.74 5,020.19 5,145.69 5,274.33 5,406.19 5,541.34 Public Health Ed II 4,437.12 4,548.05 4,661.75 4,897.74 5,020.19 5,145.69 Public Health Ed 1 4,120.31 4,223.32 4,328.90 4,437.12 4,548.05 4,661.75 Reflects 1.75%ATB Increase Note: Numbers may vary slightly due to rounding in MUNIS 2021 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Health Spec III 5,551.25 5,690.03 5,832.28 5,978.08 6,127.53 6,280.72 Community Health Spec II 4,156.70 4,260.62 4,367.13 5,551.25 5,690.03 5,832.28 Community Health Spec I 1 3,859.91 3,956.41 4,055.32 4,156.70 4,260.62 4,367.13 Public Health Nurse 111 5,604.52 5,744.63 5,888.24 6,035.45 6,186.33 6,340.99 Public Health Nurse II 5,077.42 5,204.36 5,334.46 5,604.52 5,744.63 5,888.24 Public Health Nurse 1 4,714.89 4,832.77 4,953.58 5,077.42 5,204.36 5,334.46 Public Health Ed III 4,983.46 5,108.04 5,235.74 5,366.63 5,500.80 5,638.32 Public Health Ed II 4,514.77 4,627.64 4,743.33 4,983.46 5,108.04 5,235.74 Public Health Ed 1 4,192.41 4,297.22 4,404.65 4,514.77 4,627.64 4,743.33 Reflects 1.75%ATB Increase Note: Numbers may vary slightly due to rounding in MUNIS 2022 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Community Health Spec III 5,634.52 5,775.38 5,919.76 6,067.75 6,219.45 6,374.93 Community Health Spec 11 4,219.05 4,324.53 4,432.64 5,634.52 5,775.38 5,919.76 Community Health Spec I 1 3,917.81 4,015.76 4,116.15 4,219.05 4,324.53 4,432.64 Public Health Nurse III 5,688.59 5,830.80 5,976.57 6,125.98 6,279.13 6,436.11 Public Health Nurse II 5,153.58 5,282.42 5,414.48 5,688.59 5,830.80 5,976.57 Public Health Nurse 1 4,785.62 4,905.26 5,027.89 5,153.58 5,282.42 5,414.48 Public Health Ed III 5,058.21 5,184.66 5,314.28 5,447.13 5,583.31 5,722.89 Public Health Ed II 4,582.49 4,697.05 4,814.48 5,058.21 5,184.66 5,314.28 Public Health Ed 1 4,255.30 1 4,361.68 1 4,470.72 4,582.49 4,697.05 4,814.48 2020-2023 Collective Bargaining Agreement Mason County and Teamster 252-Community and Family Health Page 39 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM:- Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Approval to set an Agenda Item on the November 3, 2020 Action Agenda for approval to increase the 2021 Non Represented medical contribution by $52 per month, from $1,310 per month to $1,362 per month. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Per RCW 3.16.070 the Board of County Commissioners shall fix the compensation of all employees. Currently the Collective Bargaining Agreements have all increased by $52 per month bringing the monthly medical contribution to $1,362 per month. RECOMMENDED OR REQUESTED ACTION: Approval to set an Agenda Item on the November 3, 2020 Action Agenda for approval to increase the 2021 Non Represented medical contribution by $52 per month, from $1,310 per month to $1,362 per month. ATTACHMENTS: None Briefmg Summary 10/14/2020 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: RCW 36.16.070 states that the Board of County Commissioners shall fix the compensation of all employees. Contribution at$1258 per month,per employee(2019 rate for General Services,effective July 1,2019): MEDICAL- Per the ratified Teamsters General Service Collective Bargaining Agreement, the members of General Services are entitled to a retro to July 1, 2019 for their pooled medical rates. It is recommended that the Board adopt, effective July 1, 2019, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (General Services) in place and ratified on January 1, 2019 utilizing the pooling method, and resulting in a distribution as follows: $937.58 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,443.03 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1,310 per month,per employee effective January 1,2020 for General Services and Community&Family Health: MEDICAL- It is recommended that the Board adopt, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for the General Services and Community Family Health Collective Bargaining Agreements in place, and ratified effective January 1, 2020 utilizing the pooling method,and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,602.67 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1,310 per month,per employee(2020 rate for Probation,Public Defenders,Elected Officials, and Non Represented): MEDICAL- It is recommended that the Board adopt, effective November 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for Briefmg Summary 10/14/2020 any Collective Bargaining Agreements (Probation, Public Defenders, Elected Officials, and Non Represented) in place and ratified on January 1,2020 utilizing the pooling method,and resulting in a distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,602.67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Background: The Board has determined that a $52 medical increase for Elected Officials and Non Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED ACTION: Approval of the attached resolution, effective July 1, 2019,for participants of the PEBB Medical program,which allocates through the pooling method,$937.58 per month County contribution for employees with single enrollments on medical,and $1,443.03 for employees with dependent enrollments, per month for Teamsters General Services Collective Bargaining Agreement ratified effective January 1, 2019, Effective January 1, 2020 for participants of the PEBB Medical program,which allocates through the pooling method, $963.08 per month County contribution for employees with single enrollments on medical,and $1,602.67 with dependent enrollments,for Teamsters General Services and Community & Family Health; and Effective November 1, 2020 for participants of the PEBB Medical program,which allocates through the pooling method, $963.08 per month County contribution for employees with single enrollments on medical, and$1,602.67 with dependent enrollments,for all Elected Officials,eligible Non Represented, and Teamsters Probation and IWA Public Defenders and Deputy Prosecutors whose Collective Bargaining Agreements are in place and ratified on January 1,2020. Attachment: Resolution, Pooling Calculation Details, & PEBB Medical Premium charts Briefing.Summary 10/14/2020 RESOLUTION NO. AMEND RESOLUTION NO. 102-19 DETERMINING THE TEAMSTERS GENERAL SERVICES 2019 HEALTH INSURANCE CONTRIBUTIONS AND THE TEAMSTERS GENERAL SERVICES, COMMUNITY AND FAMILY HEALTH AND ALL OTHER COUNTY'S PEBB MEMBERS 2020 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and-determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS,the Board determined that the County's contribution towards-health insurance premiums for Teamsters General Services employees shall increase by $52 per month for a total contribution of $1,258 (One thousand two hundred and fifty eight dollars) per month, effective July 1, 2019; and WHEREAS,the Board determined that the County's contribution towards health insurance premiums for Elected Officials and eligible Non-Represented employees shall increase by $52 per month for a total contribution of $1,310 (One thousand three hundred and ten dollars) per month, effective January 1, 2020; and WHEREAS, the Board has determined that the County's 'contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling -method; and NOW THEREFORE BE IT RESOLVED, effective July 1, 2019, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for Teamsters General Services Collective Bargaining Agreement recently ratified with allowance for a retro to be effective July 1, 2019 utilizing the pooling method, and resulting in a distribution as follows: $937.58'per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also.covers dental, vision, and basic life insurance. $1,443.03 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for Teamsters General Services and Community Family Health Collective Bargaining Agreements recently ratified with allowance for a retro to be effective January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,602.67 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW 'THEREFORE BE IT RESOLVED, effective November 1, 2020, the Board of County Commissioners does hereby establish the revised County's health insurance contribution rate for any Collective Bargaining Agreements in place and ratified on January 1, 2020 (Deputy Prosecutors, Probation, Public Defenders), Elected Officials, and Non Represented employees utilizing the revised pooling method, and resulting in a new distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. There shall be no retro payment for 2020. $1,602.67 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. There shall be no retro payment for 2020. Approved this day of 2020 BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chairperson Kevin Shutty, Commissioner Randy Neatherlin, Commissioner Attest: McKenzie Smith, Clerk of the Board Approved as to Form: Tim Whitehead, Chief Deputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads GENERALSERVICES PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2019 The County premium contribution using the pooling,method,effective July 1 2019 .by Resolution All pooled @ 2019 rate of$1258 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $806.64 $1,546.05 $1,361.20 $2,100.62 Health Classic) $15 Primary Care $175/Person 52,0001Pcrson WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 $30Specialist $525/17amily $4,000/Family PREMIUM TOTAL $937.58 $1,676.99 $1,492.14 $2,231.56 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) $0.00 $233.96 $49.11 $788.53 Kaiser Permanente WA(Group PREMIUM $729.50 $1,391.79 $1,226.21 $1,888.50 Health Value) $30 Primary Cam 5250/Person 53,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $860.44 $1,522.73 $1,357.15 $2,019.44 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $79.70 None $576.41 Kaiser Permanente WA(Group PREMIUM $673.69 $1,274.71 $1,139.04 $1,681.72 Health CDHP) l0°/dPrimaryCare $1,400/Pemon $5,100/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 10%Specialist $2,8001Family $10,200/Family PREMIUM TOTAL $804.63 $1,405.65 $1,269.98 $1,812.66 _ COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None None None $369.63 Kaiser Permanente WA(Group PREMIUM $676.46 $1,285.69 $1,133.38 $1,742.62 Health Sound Choice) 0 Primary Cox $125/Pcmon 52,000/Person WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 15%Specialist $375Family $4,000/Family PREMIUM TOTAL $807.40 $1,416.63 $1,264.32 $1,873.56 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $430.53 Uniform Medical Plan Classic PREMIUM $748.10 $1,428.97 $1,258.75 $1,939.63 15%Primary Care $250/Pcrson $2,000/Pcrson WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 15%Specialist $7501Family $4,000/Family PREMIUM TOTAL $879.04 $1,559.91 $1,389.69 $2,070.57 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $116.88 None $627.54 Uniform Medical Plan CDHP PREMIUM $673.79 $1,274.90 $1,139.21 $1,681.99 15%Primary Care $1,400/Person 54,200/Person WCIF DENTAL VISION LIFE, $130.94 $130.94 $130.94 $130.94 15%Specialist $2,800/Family $8,400/Family PREMIUM TOTAL $804.73 $1,405.84 $1,270.15 $1,812.93 COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None None None $369.90 Uniform Medical Plan PLUS or PREMIUM $691.32 $1,315.43 $1,159.40 $1,783.50 Uniform Medical Plan Plus UW o%Primary Care $125/Person $2,000/Pcmon WCIF DENTAL VISION LIFE $130.94 $130.94 $130.94 $130.94 Medicine ACN (Must live in Snohomish,King,Thusap.rston County) 15%Specialist $375/Family 54,000/Family PREMIUM TOTAL $822.26 $1,446.37 $1,290.34 $1,914.44 Spokane,Yakima,Skagit or Thurston County) COUNTY POOLED CONTRIBUTION $937.58 $1,443.03 $1,443.03 $1,443.03 EMPLOYEE PAYS(Payroll Deduction) None $3.34 None $471.41 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL I VISION LIFE WCIF I Delta Dental I VSP$175 113asic $24,000 Willamette(Managed Care&their facilities)Reduce premium by$6.75 1 Frame IDependent $1,000 PEBB Effective July 1,2019 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of September 26,2018 2019 Contribution per Employee. Community Family.&Health,Deputy. Prosecutors,Public Defenders,Elected $1,258'.00�; minus $937.58 Highest Employee only premium = $320.42 _. _.____..,-_- ___c ___..._. -2019 Contribution per Employee, General Services,&.Probation _ $1,258.00 minus $937.58 Highest Employee only premium = $320.42 ;Community&'Family Health,Deputy a tProsecutors,Public Defenders,Elected; Officials;,&1�1U j $320.42 X 24 Employee only premiums = $7,690.08 ,General.Services'&Probation $320.42 X 28 Employee only premiums = $8,971.76 1 Medical Waiver _ $1,258.00 minus $152.62 PEBB dental,vision,life only amount = $1,105.38 1 Medical Waiver $1,258.00 minus $152.62 PEBB dental,vision,life only amount = $1,105.38 Total pooling per month for dependent coverage = $18,872.60 $18,872.60 divided by 102 Employee+Dependent Coverages = $185.03 2019 Contribution per Employee CC ! ommunity Family&Health,Deputy 1 G Prosecutors,Public.Defenders,EO,& + NU $1,258.00 + $185.03 Pooling amount per Employee+Dependent Coverages = $11443.03 a 2019 Contribution per-Employee tQggeral Services&Probation $1,258.00 + $185.03 Pooling amount per Employee+Dependent Coverages = $1,443_03 ! Pooled County Contribution for Employee+Dependent Coverage = _ Pooled County Contribution for Employee only Coverage = j !$937.58 Monthly Annuallndiv # Annual Premium #Months Premium Employees Premium Corr finifi y Family.&Healtfi Deputy Prosecutors,Public befenders,Elected ' 1 Officials.&Non Union $ 11.258.00,1 12 $15,096.00 95 $1,434,120.00 2019 Contribution per Employee General Services•&Probation . _ $;..'1258.00 12 $15,096.00 61 $ 920,856.00 156 $2,354,976.00 PUBLIC DEFENDERS,PROBATION,ELECTED OFFICIALS& NON REPRESENTED PEBB-Medical and Dental 2020 The County premium contribution using the pooling method effective November 4,2D20,by Resolution ':All pooled'@ 2020 rate of$1,310 ' Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $1,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $30 Specialist $525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $69.87 None $639.18 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 $2,031.65 (Group Health Value) $30 Primary Care $250/1'erson S3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $428.98 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,798.62 (Group Health CDHP) IO%/PrlmaryCare $1,400/Person $5,100/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 10%Specialist $2,800/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None, None $195.95 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) o Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live or work in Snohomish,King, 15%Specialist $375 Family $4,000/17amily EMPLOYEE PAYS(Payroll Deduction) None None None $271.63 Pierce or Thurston County) Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care $250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $750/Family $4,000/17amily EMPLOYEE PAYS(Payroll Deduction) None None None $440.00 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Care $1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $2,800/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) None None None $190.97 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 $1,295.18 $1,947.12 Uniform Medical Plan Plus UW 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Medicine ACN (Must live in Snohomish,King,Kitsap, - Pierce,Spokane,Yakima,Skagit or Thurston 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $344.45 County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 1 $50.00 $0.00 $50.00 Medical Waived $154.36 1 $154.36 $154.36 $154.36 DENTAL Deductibles Max out-of-pocket VISION. BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts Included in medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of Insurability if enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum fitting fees combined.Exception:for LIMP Willamette Dental No General Plan Classic,you pay any amount over$65 for May enroll in optional LTD within 31 days of initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Maximum Insurability form. COMMUNITY FAMILY HEALTH PEBB-Medical and Dental 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution .All pooled @ 2020 rate of$1310 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $I,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/Person $2,000/1erson COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $30 Specialist $525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $69.87 None $639.18 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 $2,031.65 (Group Health Value) $30 Primary Care S250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $428.98 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,798.62 (Group HealthCDHP) 10%/Primary Care $1,400/Person $5,100/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 10%Specialist $2,800/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None None $195.95 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) O Primary cue $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 (Must live or work in Snohomish,King, Pierce or Thurston County) 15%Specialist $375Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $271.63 Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care $250/Penon $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $750/17amily $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $440.00 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Care $1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 15%Specialist $2,800/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) None None None $190.97 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 $1,295.18 $1,947.12 Uniform Medical Plan Plus UW 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Medicine ACN (Must live in Snohomish,King,Kitsap, Pierce,Spokane,Yakima,Skagit or Thurston 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $344.45 County) Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $154.36 $154.36 $154.36 $154.36 DENTAL Deductibles - Max out-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$I50/Family You pay amounts Included in medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of insurability If enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum fitting fees combined.Exception:for UMP Willamette Dental No General Plan Classic,you pay any amount over$65 for May enroll In optional LTD within 31 days of initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Mana edcare&theirfacilities Maximum g Insurability form. DEPUTY PROSECUTING ATTORNEYS PEBB-Medical Benefits&WCIF-Dental Vision Ufe Benefits 2020 The County premium contribution using the pooling method,effective November 1,2020,by Resolution .All pooled @ 2020 rate of$1310 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) S 15 Primary Co. S175/Parson S2,000/Parson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $30Speaialist S525/Family $4,000/Fomily PREMIUM TOTAL $961.32 $1,720.41 $1,530.64 $2,289.72 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None $117.74 None $687.05 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) S30Pri,-yCom S250/Person $3,000merson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $894.88 $1,567.53 $1,396.87 $2,079.52 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $476.85 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 Health CDHP) I0./dPrimaryCara $1,400/Parson $5,100/Pemon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 ' 10%speaimist $2,800/Famity $10,200/Family PREMIUM TOTAL $819.33 $1,431.27 $1.292.87 $1,846.49 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $243.82 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0 Primary Care $125/Pemon $2,000merson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist S375 Family $4,000/Family PREMIUM TOTAL $827.66 $1,453.09 $1,296.74 $1,922.17 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $319.50 Uniform Medical Plan Classic PREMIUM $754.34 $1,440.99 $1,269.33 $1,955.99 15%Primary Cam $250/Person S2,000/Pmon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Spaiolist $750/Family S4,000/Family PREMIUM TOTAL $888.89 $1,575.54 $1,403.88 $2,090.54 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $487.87 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Cam S1,400/Person S4,200/Parson WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 _ 15%Specialist $2,800/Family $8,400/Family PREMIUM TOTAL $817.52 $1,427.65 $1,289.70 $1,841.51 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS_(Payroll Deduction) None -- None None $238.84 i Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,860.44 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Caro $125/Persun $2,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55' $134.55 $134.55 (Must live in Snohomish.King,Kiisop,Pierce IS%S Specialist $375/Famil $4,000/Fomii Spokane,Yakima,Skagit orlhurstos&o;ty) y y PREMIUM TOTAL $854.14 $1,506.05 $1,343.08 $1,994.99 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $392.32 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduced preium by$0.16 V5P$175 113asic $24,000 Willamette(Managed Care&their facilities) Frame IDepenclent $1,000 GENERALSERVICES PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2020 - a I" The C�ilnty'premium;contrlbtition using tFie pooling method,effective January 1,2020 by,-Resolution All pooled @:2020 rate of$1310. ) Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) $15 Primary Cam $175/Person $2,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $30Specialist $525/Family $4,000/1'amily PREMIUM TOTAL $961.32 $1,720.41 $1,530.64 $2,28�- COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None $117.74 None $687.05 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) $30 Primary Care $250/Person $3,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $884.88 $1,567.53 $1,396.87 $2,079.52 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $476.85 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 Health CDHP) 10%/Prima yCare $1,400/Person $5,100/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 10%Specialist $2,80011'amily $10,200/Family PREMIUM TOTAL $819.33 $1,431.27 $1,292.87 $1,846.49 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $243.82 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0 Primary Care $125/Person $2,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist $375 Family $4,000/Family PREMIUM TOTAL $827.66 $1,453.09 $1,296.74 $1,922.17 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None 1 $319.50 Uniform Medical Plan Classic PREMIUM $754.34 $1,440.99 $1,269.33 $1,955.99 15%Primary Care $250/Pcrson $2,000/Pcoon WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist $750/1'amily $4,000/Family PREMIUM TOTAL $888.89 $1,575.54 $1,403.88 $2,090.54 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $487.87 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Cam $1,400/Pcrson $4,200/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 15%Specialist $2,800/Family $8,400/Family _ PREMIUM TOTAL $817.52 $1,427.65 $1,289.70 $1,841.51 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $238.84 Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,860.44 Uniform Medical Plan Plus UW 0%Primary Care $125/Person $2,000/Person WCIF DENTAL VISION LIFE $134.55 $134.55 $134.55 $134.55 Medicine ACN (Must live in Snohomish,King,Kitsap,Pierce, 15°/,Specialist $375lFamil $4,000/Famil Spokane,Yakima,Skagit or Thurston County) P y y PREMIUM TOTAL $854.14 $1,506.05 $1,343.08 $1,994.99 COUNTY POOLED CONTRIBUTION $963.08 $1,602.67 $1,602.67 $1,602.67 EMPLOYEE PAYS(Payroll Deduction) None None None $392.32 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduce premium by$0.16 VSP$175 jBasic $24,000 Willamette(Managed Care&their facilities) Frame IDependent $1,000 PEBB Effective Jan 01, 2020 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of October 14,2019 2018 Contribution,per Employee General Services ., $1,310.00] minus $963.08 Highest Employee only premium _ $346.92 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,310.00 minus $963.08 Highest Employee only premium $346.92 2020 Contribution per Employee. Probation,Public Defenders,Elected N & Officials& on- epresented__= $1, 0A0 minus $963.08 Highest Employee only premium = $346.92 ---is No R—i- 31 - 2018 Contribution pei Eiriployee- General Services � ` $346.92 X 29 Employee only premiums = $10,060.68 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $346.92 X 9 Employee only premiums = $3,122.28 2020 Contribution per.Employee- Probation,Public Defenders,Elected Officials&Non-Represented $346.92 X 23 Employee only premiums = $7,979.16 1 Medical:Waiver' $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 2 Medical Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 1 Medical'Waiyer $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 2 Medical'Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 3 Medical Waiver , $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 4 Medical Waiver $1,310.00 minus $154.36.PEBB dental,vision,life only amount = $1,155.64 Total pooling per month for dependent coverage = $28,095.96 $28,095.96. divided by 96 Employee+Dependent Coverages = $292.67 2018 Contribution-per Employee, - General Services $1,310.00 ; + $292.67 Pooling amount per Employee+Dependent Coverages _ $1,602.67 2019 Contribution per Employee- Com&Family Health&Deputy. Prosecutors $1,310.00 + $292.67 Pooling amount per Employee+Dependent Coverages = $1 602.67 2020 Contribution per Employee Probation,Public Defenders,Elected Officials&Non-Represerited_ ___ $1,310.00 + $292.67 Pooling amount per Employee Coverages = $1 602.67 -- - - ---.__'_ Pooled County Contribution for Employee+Dependent Coverage = Pooled County Contribution for Employee only Coverage = $963.08 . lion y Annualln ry Premium #Months Premium 2018 Contribution per Employee General Services. $1,002.67 12! $ 19,232.00 ; 2019 Contribution per Employee Com&Family Health&Deputy Prosecutors $1,602.67 12 $ 19,232.00 2020.Contribu.tion per Employee- Probation,Public Defenders,Elected Officials&Non-Represented.. $Ij602.67 12„$' 19,232.00 2020 Contribution for all Employee ,Only Coverage $963.08 12 $11,556.96 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: 10-19-2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): X Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Replacing Parks Department Kubota tractor and attachments EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Parks &Trails staff are requesting to purchase a new Kubota tractor/loader/backhoe model L47 to replace the 30 plus year old Kubota tractor. The 30 plus year old Kubota tractor (L2550) that continues to break down on almost a weekly basis. The tractor model is so old that it is very hard to find parts and in fact, parts have to be fabricated by Parks staff or Public Works mechanics. The tractor leaks hydraulic fluid and is used sparingly on the ball fields due to the leaking fluid on the turf and killing the grass or staining the synthetic fields. Both arms of the tractor have been welded several times due to cracking of the metal. Currently, the hydraulic valve for the bucket needs to be replaced and the part is not available. The tractor is old and wearing out (see attached photos). The request to replace the Kubota tractor is something that has been planned for several years. Looking at some quotes we have received for Kubota L47 tractor with a 12-inch & 18- inch backhoe buckets and, a 72-inch loader bucket as attachments would be over $50,000. Looking at our Mason County Purchasing Policy (Resolution 106-16) a sealed bid would need to be performed prior to purchasing the tractor. The tractor would be tracked through Motor Pool. BUDGET IMPACT: Approximately $50,000 total, of which $6k would need an amendment: The Parks &Trails Department has a 2020 ER&R vehicles budgeted amount of$25,851. Approximately $5,000 of these funds will be used to pay for fuel, leaving approximately $20,851 available towards the purchase of a new tractor. With the salary& benefits savings from 2020 budget under"Extra Help', (since we only had one extra help position filled) we would request to move the allotted amount of the "Extra Work" 2020 budget towards the purchase of the new tractor. The current balance in "Extra Help"as of 09/30/2020 is $23,255. The remaining purchase cost of approximately $6k would need to be approved as an amendment to the Parks &Trails budget. Briefmg Summary 10/13/2020 PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings,etc.) Advertise for sealed bids to purchase a Kubota L47 tractor and described attachments. RECOMMENDED OR REQUESTED ACTION: Request to move forward with drafting a request for sealed bids to purchase a Kubota L47 tractor with a 12-inch & 18-inch backhoe buckets and a 72-inch loader bucket as attachments. ATTACHMENTS: Photo page of Kubota L2550 & Kubota L47 3 Bids (Kubota Tractor Corporation, J&I Power Equipment Inc. and Tozier Brothers Inc. Briefing Summary 10/13/2020 M.0 R.A. PARK ** **' I FOOTBALL r7 r . t FkN LIFEGUARD ON DUTY e.,..��-ns� :. .., :.. >��?..thi'-'•`R..e . ..�Ey_ _c'4��.t -..::....r. ...,tR: � .:._. -„..._ :�'-y.- _ Current . • Tractor/ . f. i a, i �l New I Kubota L47TLB-LB WEB QUOTE#1799263 Date:10/1/2020 4:30:38 PM GM-062117,CE-040319,AG-021815 NJPAArkansas4600041718 _Customer Information- o NJPA Delaware GSS-17673 OLSON,CARL Nebraska 14777(OC) MASON COUNTY Wississippi(CE Only)020036654 CARLO@CO.MASON.WA.US 360-427-9670 Quote Provided By TOZIER BROS.,INC. j ART TOZIER 110 MILL STREET SHELTON,WA 98584 email:artietozier@hotmail.com phone:3604262411 -Standard Features-- --Custom Options-- L47TLB-LB Base Price: $54,769.00 J 1)o Fo (1)SINGLE LEVER VALVE QUICK COUPLER $605.00 "`"`✓✓�' /3RD FUNCTION VALVErFL1300V Loader/Landscaper Series L47TLB-LB TL1311SINGLE LEVER VALVE QUICK COUPLER/3RD ***EQUIPMENT IN STANDARD MACHINE*** FUNCTIONVALVEM1300V (1)HYDRAULIC THUMB(FOR PIN ON BUCKETS $2,063.00 and KIE Q.A.ONLY) DIESEL ENGINE FLUID CAPACITY BT4598-HYDRAULIC THUMB(FOR PIN ON BUCKETS and KIE Model#V2403-CR-E4 Fuel Tank 17.7 gal. Q.A.ONLY) Tier Final Certified Crankcase 8.7 qts. (1)BOLT ON CUTTING EDGE FOR 72"BUCKET $231.00 4 Cyl.,148.5 cu.in. Engine Coolant 8.7 qts. TL174aA-BOLTON CUTTING EDGE FOR72°BUCKET 47.1 HP Gross(SAE J1995) Transmission and (1)72"QC HEAVY DUTY ROUND BACK BUCKET $1,088.00 44.7 HP Net(SAE J1349) Hydraulics 12.2 gal. TL1765A-7T CC HEAVY DUTY ROUND BACK BUCKET 33.0 PTO HP Front Axle Case 7.4 qts. @ 2700 Eng.rpm (1)18"QUICK ATTACH BUCKET/L45 $898.00 Direct Injection LIGHTING BT4554-1 B"QUICK ATTACH BUCKET/L45 Charging Output 45 Amps 2 Halogen Headlight/Work Lights (1)12"QUICK ATTACH BUCKET $808.00 12 V-80 Amp Hour Battery 2 Halogen Rear Work Lights BT4552-12"QUICK ATTACH BUCKET Dual Element Air Cleaner w/cyclone 2 Tail Lights/Turn Signals (1)QUICK ATTACH COUPLER $670.00 Precleaner BT4550-OUICK ATTACH COUPLER HYDRAULICS INSTRUMENTS (1).3P HITCH KIT/L39/L45 $531.00 IntelliPanelTM L3961SP HITCH Krr/L39/L45 Open Center-Gear Type Lighted Communications Symbols .(1)FRONT LOADER W/3RD FUNCTION VALVE inc. Total Pump Capacity 25.0 gpm Digital Display with Tachometer, TL1300V-FRONT LOADER W/3RD FUNCTION VALVE Includes Power Steering Travel Speed,PTO Speed, Front/Rear Remotes 11.8 gpm (1)BACKHOE W/AUX HYD VALVE Inc. BH Boom Swing Pump 6.6 gpm Warnings,Maintenance Alerts, BT1000BV-BACKHOE W/AUX HYD VALVE On-board Diagnostics Cat 13-Point Hitch(Linkage Opt.) Configured Price: $61,663.00 24"Behind 2756lbs. REAR AXLE Sourcewell Discount: ($13,565.86) @ Lift Points 3860 lbs. Heavy Duty Axle wl Differential Lock Position Control SUBTOTAL: $48,097.14 Helical gearfinal drives FRONT AXLE Multiple Wet Disc Brakes Factory Assembly: $530.00 Bevel Gear,4WD Dealer Assembly: $467.50 Hydrostatic Power Steering Cast Iron-Heavy Duty STANDARD EQUIPMENT Freight Cost: $770.00 Tread Spacing,Nonadjustable Four55 W Halogen Work Lights PDI: $250.00 Electronic HST Transmission DRIVE TRAIN Backhoe Crawling Mode HST Plus Full Flat Floor Total Unit Price: $50,114.64 3 Ranges Cast Steel Brake Pedal Low-Medium-High Walk-through Step Quantity Ordered: 1 Maximum Travel Speed 14.1 mph Seat with Arm Rests Rear Differential Lock Seat Pivots In Place Final Sales Price: $50,1 14.64 Mechanical,Multiple Wet Disc Backup Alarm Brakes Hom 4 Wheel Drive Slanted Hood&Loader Arms 2 Lever Style Quick Coupler Purchase Order Must Reflect DIMENSIONS Hydraulic Self-Leveling Loader the Final Sales Price Braceless Loader Frame Transport Length 234" Width Transport Protected Hydraulic Hoses& Pipes Height to ROPS top 95.1" Bucket Level Indicator Wheelbase 72.5" Boom Lock Ground Clearance 14.4" Arch Type Backhoe Boom To order,place your Purchase Order directly with the quoting Independent Boom Swing Pump dealer POWER TAKE OFF Protected Hydraulic Hoses& Hydraulic Independent Rear PTO Pipes Running 540 rpm @ 2590 Eng.RPM Thumb Bracket SAE-1-318,6 splines Improved Inching Performance SAFETY EQUIPMENT High Quality Hydraulic Cylinders Four Post ROPS/FOPS Deluxe Seat w/retractable Seat Belt Safety Start Switches Electric Key Shut-Off Parking Brake SMV Sign SELECTED TIRES ALR9192&ALR9195 FRONT-27xl 0.50-15 R4 Titan Trac Loader REAR-15-19.5 R4 Titan Trac Loader TLB - Olympia invoice Estimate 789662 c Thank You for shopping at • � . . 3729 Pacific Ave 5E Pp 9_.J&L Faralily owned and operated since 1,974,Your 9iyr11rie,;�APA 9$59� satisfaction us oua number one pnhyr6ty-Quota is valid for 10 days send is limited to steek on hand. 360.491.2022 Mason County Facilities,Parks 411 North 5Lh Street Shelton,WA OB564 Number 'Phnn .> eti Pharr Transatian P f7 t,>urntir ,_" - =---- - — j4g1 t360j 477- $7� Estimate L47TLE t ter i ron Ias Perbon-; t I�nnfe ` � farsflee ','>mall A err s peP rtrr�ent L. ...__._ ._ ._.. . _,, .. _ �_ Chas Stncklett ChnsStnoklett 1 10102120 1 769562 kellyf&d.mason,via,us Sales Counter Retail artNurn�lth�r r� CmeS i7etn OrderediQd 'Stilppatl Lsst t>letach Amount; . ..� TL'1765A KTCP L45147HD Round Back 72"Bucket 1 1 51,t1E8.00 $1,D58.00 $1,088.00 TL1743A KTCP Cutting Edge 72hd Rb 1 1 S231.00 $231.00 $231.00 K7874A KTCP 1Bin Qa Bucket 1 1 $1,0:4.00 $1,094,00 $1,094.00 K7543 KTCP L47/MS2 Excavator C'A Coupler 1 1 $950.00 $960.00 5960.00 K7872A KTCP KX71-040 QfC 13'BuCket 1 1 $959,00 $969,00 $969.00 L3961 KTCP 3pt Hitch Assy L39145 1 1 $531,00 $531.00 S531.016 K7545A KTCP N1624_47 Hydr,Thumb KX Buckets 1 1 52;626.00 52.925,00 $2,625.00 Mrrdei ;Clone tDesaflption 9t+4ker --PAY. +1et: Amount`: L47 TLB k'Wi KubotaTract4r 80.00 $54 769.00 S94,759.134 VIAL Llrrit�lntesi . -fitBS�t�tR��"�1�00�1�}8�>1fi1oC�(t�vj TrJ ic�Ni�i.��ACKa��_ Ep»srnptn LaneEerett quantity Aiet Each Amraunt Misc Parts Pactary Assembly 1 $530.00 $530,00 N1i5c Parts Dealer PDI and assembly 1 543D,00 $430,00 Kubota State Contract State Contract 05210 Discount Of 16% -1 $9,953.00 Discount Note Tractor is sel up ivr'th R-4 tires 3rd function valve rrn the loader with 72"HD bucket with bolt on cutting edge.Back hoe is sot upo wlth 12"&18"buckets with hydraulic thumb.Tractor will alsa have a 3 point hitch as Well- Deals asssenibly and PDI consist of install hydraulic thumb and bucket an back hoe.Final operation,and satty'check re torque all wtleel and loader balls and comptate safety check. Invoice Total 653,264.00 TaY T -Tans Ain unt 2301-Shelton Sales 8.SCU0:tti 54,$t37.23 Tax Sales Tact Total $4,68723 Grand Total--- $57,951,23 J&1 Power Equip Inc(01y)Invoice Estimate#789562>Mason County Facilities, Parks Pepe 1 of 2 198.143.46.11 L47TLB-LB WEB QUOTE#1799745 Date:10/2/2020 9:37:46 AM - Standard Features— --Custom Options— L47TLB-LB Base Price: $54,769.00 (1)SINGLE LEVER VALVE QUICK COUPLER $605.00 /3RD FUNCTION VALVEfrL1300V Loader/Landscaper Series L47TLB-LB TL1311-SINGLE LEVER VALVE QUICK COUPLER/3RD ***EQUIPMENT IN STANDARD MACHINE*** FUNCTION VALVEFFL1300V (1)HYDRAULIC THUMB(FOR PIN ON BUCKETS $2,063.00 and KIE Q.A.ONLY) DIESEL ENGINE FLUID CAPACITY BT4598-HYDRAUUC THUM13(FOR PIN ON BUCKETS and KIE Model#V2403-CR-E4 Fuel Tank 17.7 gal. Q.A.ONLY) Tier 4 Final Certified Crankcase 8.7 qts. (1)BOLT ON CUTTING EDGE FOR 72"BUCKET $231.00 4 Cyl.,148.5 cu.in. Engine Coolant 8.7 tits. TL1748A-BOLTON CUTTING EDGEFOR72'BUCKET 47.1 HP Gross(SAE J1995) Transmission and (1)72"QC HEAVY DUTY ROUND BACK BUCKET $1,088.00 44.7 HP Net(SAE J1349) Hydraulics 12.2 gal. TL1765A-72"QC HEAVY DUTY ROUND BACK BUCKET @ 2 PTO HP Front Axle Case 7.4 tits. 1 REMOTE HYDRAULIC VALVE KIT FOR REAR @ 2700 Eng.rpm O $1,304.00 I Direct Injection LIGHTING ATTACHMENTS Charging Output 45 Amps L9553A-REMOTE HYDRAULIC VALVE KIT FOR REAR 9 9 P P 2 Halogen Headlight/Work Lights ATTACHMENTS 12 V-80 Amp Hour Battery 2 Halogen Rear Work Lights Dual Element Air Cleanerw/cyclone 2 Tail Lights/Turn Signals (1)18"QUICK ATTACH BUCKET/L45 $898.00 Precleaner BT4554-18"QUICK ATTACH BUCKET/L45 (1)12"QUICK ATTACH BUCKET $808.00 HYDRAULICS lntellINSTRUMENTS I T BT4552-12'QUICKATTACH BUCKET Open Center—GearTyPa Lighted Communications Symbols (1)QUICK ATTACH COUPLER $670.00 4 Total Pump Capacity 25.0 gpm Digital Display with Tachometer, BT4550QUICKATrACH000PLER Includes Power Steering Travel Speed,PTO Speed, (1)3P HITCH KIT/L39/L45 $531.00 Front/Rear Remotes 11.8 gpm Warnings,Maintenance Alerts, L3961-3P HITCH KIT IL39IL45 BH Boom Swing Pump 6.6 gpm On-board Diagnostics (1)FRONT LOADER W13RD FUNCTION VALVE Inc. Cat 13-Point Hitch(Linkage Opt.) • TL1300V-FRONT LOADER Wf3RD FUNCTION VALVE 24"Behind 2756 lbs. REAR AXLE 1 BACKHOE WlAUX HYD VALVE @ Lift Points 3860 lbs. ( ) Inc. Position Control Heavy Duty Axle w/Differential Lock BT1000BV-BACKHOE W/AUX HYD VALVE Helical gear final drives 2Yr BACKHOE W/AUX HYD VALVE Extended FRONT AXLE Multiple Wet Disc Brakes Warranty $650.00 Bevel Gear,4WD FACTORY ASSEMBLY $530.00 Hydrostatic Power Steering STANDARD EQUIPMENT test Iron-Heavy Duty Suggested List Price wl Options: $64,147.00 Tread Spacing,Nonadjustable Four 55 W Halogen Work Lights Electronic HST Transmission Available Manufacturer Rebates: DRIVE TRAIN Backhoe Crawling Mode Full Flat Floor Cash Customer Instant Rebate Up To: ($600.00) HST Plus 3 Ranges Cast Steel Brake Pedal Low-Medium-High Walk-through Step Maximum Travel Speed 14.1 mph Seat with Arm Rests Rear Differential Lock Seat Pivots In Place Mechanical,Multiple Wet Disc Backup Alarm Brakes Hom 4 Wheel Drive Slanted Hood&Loader Arms 2 Lever Style Quick Coupler DIMENSIONS Hydraulic Self-Leveling Loader Braceless Loader Frame Transport Length 234" Width port Protected Hydraulic Hoses& Pipes Height to ROPS top 95.1" Bucket Level Indicator Wheelbase 72.5" Boom Lock Ground Clearance 14.4" Arch Type Backhoe Boom POWER TAKE OFF Independent Boom Swing Pump Protected Hydraulic Hoses& Hydraulic Independent Rear PTO Pipes Running 540 rpm @ 2590 Eng.RPM Thumb Bracket SAE—1-3/8,6 splines Improved Inching Performance High Quality Hydraulic Cylinders SAFETY EQUIPMENT Four Post ROPS/FOPS Deluxe Seat w/retractable Seat Belt Safety Start Switches Electric Key Shut-Off Parking Brake SMV Sign SELECTED TIRES ALR9192&ALR9195 FRONT-27xl0.50-15 R4 Titan Trac Loader REAR-15-19.5 R4 Titan Trac Loader TLB I *Taxes,shipping&handling,surcharges,assembly charges,destination,freight and/or delivery charges are not included. This MSRP configuration program is for informational purposes only.In all instances,the user of this program must consult with an authorized Kubota Dealer for complete purchase,warranty and safety information.Special pricing and promotions may be available on certain models.See your Kubota Dealer for details and individuals Dealer product pricing.All prices are shown in U.S.Dollars. Quotes are for products sold In the United States only. ©2018 Kubota Tractor Corporation.All rights reserved. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other— please explain ITEM: State Homeland Security Program (SHSP) FY-20 Grant Contract # E21-064 for $20,441 from Washington State Military Department (EMD) and US Department of Homeland Security. Performance period is from 09/01/2020 to 11/15/2021. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an annual grant received from the US Department of Homeland Security pass-through Washington State Military Department (EMD) and then to the Homeland Security Regions. At our Regional level, the funding distribution formula involving a base amount and population. Mason County has received the yearly SHSP Grant since 2003. The funding for this grant has decreased by almost $8,000 this year's grant amount is $20,441 (2019- $28,383). The grant fund will provide for secondary power, communications and support of past SHSP projects. BUDGET IMPACT: Increase 2021 budget revenue for Emergency Management and spending authority for the grant amount $20.441. PUBLIC OUTREACH: (Include any legal requirements,direct notice,website, community meetings, etc.) Review of contract by Chief Deputy Prosecuting Attorney Tim Whitehead RECOMMENDED OR REQUESTED ACTION: Recommend accepting the SHSP FY-20 grant contract # E21-064 and allow the Emergency Management Manager to sign the contract for Mason County to receive the funding. ATTACHMENTS: Excerpts from Homeland Security Grant Agreement #E21-064 Briefing Summary i0/7/2020 Washington State Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: County of Mason $20,441 E21-064 Emergency Management 100 West Public Works Drive, Building 1 Shelton,WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360-427-9670 Ext.806 September 1,2020 November 16,2021 rmcdowell@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue): John Hollingsworth,253-512-7044 069580761 232-002-101 'john.hollingsworth@mil.wa.gov 10. Funding Authority: Washington State Military Department(the Department)and the U.S.Department of Homeland Security(DHS) 11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)#&Title: EMW-2020-SS-00080 08/26/2020 1 97.067-20HSGP(SHSP) 14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN $15,667,838.00 703SB,703SC,703SH,703SL,703SQ,703SZ/NZ 1 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 35 Mason Certified: Z N/A ❑ NO BY CONGRESSIONAL DISTRICTS: 6 ❑ YES, OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services Z Public/Local Gov't ❑ Contract Z Grant Z Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) Z "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A Z Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT❑ OTHER 24. PURPOSE&DESCRIPTION: The objective of the Federal Fiscal Year(FFY)2020 Homeland Security Grant Program(20HSGP)is to fund state,local,tribal,and territorial efforts to prevent terrorism and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States. 20HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National Preparedness Goal of a secure and resilient nation.20HSGP supports core capabilities across the five mission areas of prevention,protection,mitigation,response,and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization,equipment purchase,training,exercises,and management and administration. The Department is the Recipient and Pass-through Entity of the 20HSGP DHS Award Letter for Grant No.EMW-2020-SS-00080,which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter(Attachment C), Work Plan (Attachments D-1, D-2, D-3), , Budget (Attachment E),Timeline(Attachment F);and all other documents,and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions 2. DHS/FEMA Award and program documents 5.General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference. WHEREAS, the parties have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Sharon Trask, Chair Washington State Military Department Mason County Board of Commissioners BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable): Dawn C. Cortez Assistant Attorney General(08/11/2020) Applicant's Legal Review Date DHS-FEMA-HSGP-SHSP-FFY20 Page 1 of 41 County of Mason, E21-064 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 419 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEMS: The Lodging Tax Advisory Committee (LTAC) met on October 12 to consider 2021 services and recommend the current contracts be extended to December 31, 2021 with the same terms as the 2020 contracts. The following recommendations have been made: ➢ Northwest Event Organizers (NEO) contract$276,250 Tourism/Marketing, $48,750 Local Festival Support = $325,000 + $48,750 15% for Unanticipated Services for a $373,750 total ➢ NEO Concierge Handbook—Contract for no more than $38,500 to complete project. ➢ Visitor Information Centers - Shelton Mason Chamber, $87,000; North Mason Chamber, $40,600; Shelton Historical Museum, $15,800 EXECUTIVE SUMMARY: The legislative body may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee, pursuant to RCW 67.28.1816(2)(b)(ii). Lodging tax receipts have decreased compared to 2019 but we are on target for collecting what was anticipated - $390,000. YTD revenue is $318,208. The Lodging Tax Fund has a cash balance of approximately $700K and there is adequate funding for these contract extensions. RECOMMENDED OR REQUESTED ACTION: Approval to place contract extensions on the November 3 agenda as recommended by LTAC. J:\DLZ\Briefing Items\2020\Lodging Tax awards for 2021doc.doc Housing Funds—Allowable Expenses Consolidated Homeless Grant(CHG)—serves households<_30%AMI 1. Housing and Essential Needs Program—State Allocation 2. CHG Base—support the local Housing Crisis Response System • Emergency Shelters(includes hotel/motel vouchers) • Rapid ReHousing& Homeless Prevention • Program Staff: case managers,outreach staff,shelter staff, housing navigators • Transitional Housing • Coordinated Entry • PIT Count 3. CHG PSH—Permanent Supportive Housing in the form of on-going rental assistance. Strict qualifications for families. Local Document Recording Fees(2163)—serves households<_50%AMI (RCW 36.22.179) 1. Emergency Shelter(includes hotel/motel vouchers) 2. Transitional Housing 3. Rental Assistance& Homeless Prevention 4. Coordinated Entry 5. PIT Count 6. Program Staff(as listed above) 7. Fund the homeless housing grant program Local Document Recording Fees(2060)-serves households<_50%AMI (RCW 36.22.178) 1. Acquisition, construction,or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units,seasonal and permanent farmworker housing units, units reserved for victims of human trafficking and their families, and single room occupancy units; 2. Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds,that are affordable to very low-income households with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; 3. Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including rental housing vouchers for victims of human trafficking and their families,to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and 4. Operating costs for emergency shelters and licensed overnight youth shelters. House Bill 1406 1. Rental Assistance 2. Operations and maintenance of new units 3. Acquisition, construction, or rehabilitation of housing projects 4. Ability to bond against the money collected MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter and David Windom DEPARTMENT: Mason County EXT: 260 BRIEFING DATE: Oct 19 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal x❑ Other— please explain Frank Pinter ITEM: Mason County Housing Authority EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County explores avenues to support and possibly augment the Mason County Housing Authority. BUDGET IMPACT: TBD PUBLIC OUTREACH:(include any legal requirements, direct notice,website, community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Develop plans and potential actions ATTACHMENTS: Senate Bill HB 1406, Current Funding, QC 2020-2021, Resolution Funding, PP—Housing Funding Briefing Summary 10/14/2020 Here is the current 2163 Local Document Recording Fee annual allotment for the contracts that are running from 7/1/19 through 6/30/21: Agency 2019-2021 Crossroads Housing $212,000 Community Lifeline $165,000 North Mason Resources/Crossroads Coordinated Entry $35,000 Turning Pointe $51,500 Shelton Family Center(for a Federal match) $15,000 Total $478,500 Todd Parker Homelessness& Behavioral Health Mason County Public Health 415 N. 6"St. Shelton,WA 98584 (360)427-9670 ext. 293 www.healthVmasoncountV.com SENATE BILL REPORT S]HP 1406 As Reported by Senate Committee On: Housing Stability &Affordability,March 25,2019 Ways &Means,April 26, 2019 Title: An act relating to encouraging investments in affordable and supportive housing. Brief Description: Encouraging investments in affordable and supportive housing. Sponsors: House Committee on Housing, Community Development & Veterans (originally sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen,Doglio,Frame,Jinkins,Riccelli, Slatter, Ormsby and Santos). Brief History: Passed House: 3/05/19,66-32. Committee Activity: Housing Stability &Affordability: 3/20/19,3/25/19 [DPA-WM]. Ways &Means: 4/03/19,4/26/19 [DPA,w/oRec,DNP]. Brief Summary of Amended Bill • Authorizes the governing body of a county or city to impose a local sales tax, credited against the state sales tax, for affordable or supportive housing. SENATE COMMITTl±,E ON HOUSING STABILITY&AFFORDABILITY Majority Report: Do pass as amended and be referred to Committee on Ways &Means. Signed by Senators Kuderer, Chair; Das,Vice Chair;Zeiger,Ranking Member;Darneille, Saldana and Warnick. Staff. Jeff Olsen(786-7428) SENATE COMMITTI±,El ON WAYS& MI+,ANS Majority Report: Do pass as amended. Signed by Senators Rolfes, Chair; Frockt, Vice Chair, Operating, Capital Lead; Mullet, Capital Budget Cabinet; Bailey, Billig, Conway, Darneille, Hunt, Keiser, Liias, Palumbo, Pedersen,Van De Wege and Warnick. This analysis ivas prepared by iron 13artisan legislative staff for the use of legislative members in their deliberations. This analysis is not apart of the legislation floc•does it constitute a statement of legislative intent. Senate Bill Report - 1 - SHB 1406 Minority Report: That it be referred without recommendation. Signed by Senator Hasegawa. Minority Report: Do not pass. Signed by Senators Braun, Ranking Member; Brown, Assistant Ranking Member, Operating; Honeyford, Assistant Ranking Member, Capital; Becker, Rivers, Schoesler, Wagoner and Wilson,L.. Staff: Jeffrey Mitchell (786-7438) Background: Retail sales taxes are imposed on retail sales of most articles of tangible personal property, digital products, and some services. A retail sale is a sale to the final consumer or end user of the property, digital product, or service. If retail sales taxes were not collected when the user acquired the property, digital products, or services, then use taxes apply. The state,all counties,and all cities levy retail sales and use taxes. The state sales and use tax rate is 6.5 percent; local sales and use tax rates vary from 0.5 percent to 3.9 percent, depending on the location. Counties and cities may impose an affordable housing property tax levy each year for up to ten years to finance affordable housing for very low-income households. Counties and certain cities and towns may place a ballot proposition before the voters for a sales tax up to 0.1 percent for affordable housing and related services. A county legislative authority or certain cities may authorize a mental health or chemical dependency sales and use tax of 0.1 percent. Summary of Amended Bill: County and city legislative authorities are authorized to implement a local sales tax to fund affordable or supportive housing. The maximum rate imposed may not exceed either 0.01 percent or 0.02 percent. For the first 12 months following the effective date of the bill, the maximum rate of 0.0146 percent is available only to: • a city levying a qualifying local tax; • a city located in a county that declares it will not levy the tax; and • a county within its unincorporated areas and within the limits of a city that declares it will not levy the tax. Beginning 12 months after the effective date of the bill, the maximum rate of 0.0146 percent is available only to: • a city levying a qualifying local tax; and • a county within its unincorporated areas and within the limits of a city that is not levying the tax. Beginning 12 months after the effective date of the bill, cities without a qualifying tax may impose a rate of 0.0073 percent,and a county may impose a rate of 0.0073 percent within the limits of a city imposing the tax at 0.0073 percent. A county may not levy the tax within the limits of a city imposing the tax at 0.0146 percent. Senate Bill Report -2- SHB 1406 If HB 1923 is enacted by the Legislature, a city may not impose the local tax authorized for affordable housing and the existing sales and use tax for affordable housing if the city fails to take action to qualify for a planning grant from the Department of Commerce by April 1, 2021. A "qualifying local tax" is defined as the affordable housing levy, property tax levies dedicated to affordable housing, the sales and use tax for housing and related services, or the sales and use tax for chemical dependency and mental health treatment services or therapeutic courts. To impose the tax, a county or city legislative authority must adopt a resolution of intent within six months of the effective date of the bill and impose the tax within one year. The tax is credited against the state sales tax collected in the jurisdiction. The amount a county or city may collect in any state fiscal year is limited based on taxable retail sales in the jurisdiction for state fiscal year 2019. A county or city may bond against the revenue. The revenue collected or bonds issued may only be used for: acquiring, rehabilitating, or constricting affordable housing, including new units of affordable housing within an existing structure or facilities providing supportive housing services to individuals with mental or behavioral disorders; or • operations and maintenance costs of new units of affordable or supportive housing. Counties with a population of 400,000 or less and cities with a population of 100,000 or less may also use the revenue to provide rental assistance to tenants. Housing and services may only be provided to persons whose income is at or below 60 percent of the county median income. A county or city may enter into an interlocal agreement with one or more other counties, cities, or housing authorities to provide affordable or supportive housing. Counties and cities.imposing the tax must submit annual reports on the collection and uses of the revenue to the Department of Commerce (Commerce), and Commerce must submit a report annually to the appropriate legislative committees. The tax expires 20 years after the jurisdiction first imposes the tax. EFFECT OF WAYS& MEANS COMMITTEE AMENDMENT(S): • Adds a voter-approved property tax levy used solely for affordable housing as an eligible qualifying local tax source. • Removes provisions regarding calculation of median income for certain cities whose median income is not available from the United States Census Bureau. • Reduces the tax rates as follows: 1. 0.02 percent in bill changed to 0.0146 percent; 2. 0.01 percent in bill changed to 0.0073 percent. • Specifies, if HB 1923 is enacted by the Legislature, a city may not impose the local tax authorized for affordable housing and the existing sales and use tax for affordable Senate Bill Report -3 - SHB 1406 housing if they fail to take action to qualify for a planning grant from the Department of Commerce by April 1,2021. • Adds that a city must have imposed at least half of the authorized rate of the sales and use tax for housing and related services to be eligible as a qualifying local tax. • Clarifies that the sales tax for chemical dependency and mental health treatment services must be imposed by a.city to be eligible as a qualifying local tax. • Clarifies the maximum local sales tax rate in participating counties and cities. E + i +CT OF HOUSING STABILITY & AFFORDABILITY COMMITTEE AMENDMENT(S): • Adds a voter approved property tax levy used solely for affordable housing as a qualifying local tax source. • Removes provisions regarding the calculation of median income for certain cities whose median income is not available from the United States Census Bureau. Appropriation: None. Fiscal Note: Available. Creates Committee/Connmission/Task Force that includes Legislative members: No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of Public Testimony on Substitute House Bill (Housing Stability & Affordability): The committee recommended a different version of the bill than Wiat ivas heard. PRO: The local affordable housing tax is a great tool that will dramatically increase the supply of affordable housing. The funding source is flexible and allows local jurisdictions to use the funds to address the housing issues in their community. The flexibility for smaller communities to use the funding for rental assistance reflects that there may not be sufficient revenues in some areas to build housing. Local communities are prioritizing current revenues to address the most vulnerable, but the state needs to partner with local governments to address homelessness. Even with the current booming economy, there are not enough resources dedicated to addressing the problem. There is not a solution for the behavioral health crisis that does not involve more stable housing. The funding mechanism in the bill allows for the certainty needed to use bonds to address the housing shortage. Funding is urgently needed to maintain existing low-income housing units in Mason County. The bill provides more than a tool for addressing housing, it is a game changer. There is a lack of affordable housing available for Washington's lowest income households. Persons Testifying (Housing Stability & Affordability): PRO: Representative June Robinson, Prime Sponsor; Emily Alvarado, City of Seattle Office of Housing; Jay Arnold, Deputy Mayor, City of Kirkland;Len Mc Comb, Community Health Network of Washington and Washington State Hospital Association; Doug Levy, Cities of Renton, Lake Stevens, and Fife; Michele Thomas, Washington Low Income Housing Alliance; Kathryn Haigh, Mason County Housing Authority. Senate Bill Report -4- SHB 1406 r Persons Signed Li To Testify But Not Testifying(Housing Stability &Affordability): No one. Staff Summary of Public Testimony on Bill as Amended by Housing Stability & Affordability(Ways & Means): The coniniittee i-econinieiided a different version of the bill tlian what tivas heard. PRO: Local governments have been faced with arising level of homelessness and limited affordable housing. There is a lack of affordable housing in our state, with 71 percent of the lowest income households in Washington paying over 50 percent of their income towards rent. The lack of affordable homes is the primary driver of homelessness. Affordable housing and permanent supportive housing is a smart investment that saves money in the future by preventing costly hospital room and institutional stays. At current funding levels,local governments are unable to keep up with the demand for safe and affordable housing and our communities need more housing resources. This funding source will empower counties and cities to employ proven solutions,including the use of bonding to build more housing. Even if we are successful at addressing mental health issues, if they do not have a stable, affordable place to live we will fail. Seattle needs to build more affordable housing, and with this revenue source it could provide a$100 million bond amount to make immediate progress. This funding source gives counties and cities the means and flexibility to makes investments in affordable housing. Persons Testifying (Ways & Means): PRO: Doug Levy, Cities of Renton, Lake Stevens, Fife; Michele Thomas, Washington Low Income Housing Alliance; Kurt Wiest, Bremerton Housing Authority; Paul Benz, Faith Action Network; Emily Alvarado, Seattle Office of Housing;Len McComb,Washington State Hospital Association, Community Health Network of Washington; Carl Schroeder,Association of Washington Cities. Persons Signed In To Testify But Not Testifying (Ways & Means): PRO: Juliana Roe, Washington State Association of Counties. Senate Bill Report -5- SHB 1406 i CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 1406 66th Legislature 2019 Regular Session Passed by the House April 28, 2019 CERTIFICATE Yeas 62 Nays 36 I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is Speaker of the House of Representatives SUBSTITUTE HOUSE BILL 1406 as passed by the House of Representatives and the Senate on Passed by the Senate April 28, 2019 the dates hereon set forth. Yeas 33 Nays 15 Chief Clerk President of the Senate Approved FILED Secretary of State State of Washington Governor of the State of Washington SUBSTITUTE HOUSE BILL 1406 AS AMENDED BY THE SENATE Passed Legislature - 2019 Regular Session State of Washington 66th Legislature 2019 Regular Session By House Housing, Community Development & Veterans (originally sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio, Frame, Jinkins, Riccelli, Slatter, Ormsby, and Santos) READ FIRST TIME 02/08/19. 1 AN ACT Relating to encouraging investments in affordable and 2 supportive housing; and adding a new section to chapter 82 .14 RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. A new section is added to chapter 82. 14 5 RCW to read as follows : 6 (1) The definitions in this subsection apply throughout this 7 section unless the context clearly requires otherwise. 8 (a) "Nonparticipating city" is a city that does not impose a 9 sales and use tax in accordance with the terms of this section. 10 (b) "Nonparticipating county" is a county that does not impose a 11 sales and use tax in accordance with the terms of this section. 12 (c) "Participating city" is a city that imposes a sales and use 13 tax in accordance with the terms of this section. 14 (d) "Participating county" is a county that imposes a sales and 15 use tax in accordance with the terms of this section. 16 (e) "Qualifying local tax" means the following tax sources, if 17 the tax source is instated no later than twelve months after the 18 effective date of this section: 19 (i) The affordable housing levy authorized under RCW 84 .52 . 105; P. 1 SHB 1406.PL 1 (ii) The sales and use tax for housing and related services 2 authorized under RCW 82 . 14 . 530, provided the city has imposed the tax 3 at a minimum or at least half of the authorized rate; 4 (iii) The sales tax for chemical dependency and mental health 5 treatment services or therapeutic courts authorized under RCW 6 82 .14 . 460 imposed by a city; and 7 (iv) The levy authorized under RCW 84 .55. 050, if used solely for 8 affordable housing. 9 (2) (a) A county or city legislative authority may authorize, fix, 10 and impose a sales and use tax in accordance with the terms of this 11 section. 12 (b) The tax under this section is assessed on the selling price 13 in the case of a sales tax, or value of the article used, in the case 14 of a use tax. 15 (c) The rate of the tax under this section for an individual 16 participating city and an individual participating county may not 17 exceed: 18 (i) Beginning on the effective date of this section until twelve 19 months after the effective date of this section: 20 (A) 0. 0073 percent for a: 21 (I) Participating city, unless the participating city levies a 22 qualifying local tax; and 23 (II) Participating county, within the limits of nonparticipating 24 cities within the county and within participating cities that do not 25 currently levy a qualifying tax; 26 (B) 0. 0146 percent for a: 27 (I) Participating city that currently levies a qualifying local 28 tax; 29 (II) Participating city if the county in which it is located 30 declares they will not levy the sales and use tax authorized under 31 this section or does not adopt a resolution in accordance with this 32 section; and 33 (III) Participating county within the unincorporated areas of the 34 county and any city that declares they will not levy the sales and 35 use tax authorized under this section or does not adopt a resolution 36 in accordance with this section; 37 (ii) Beginning twelve months after the effective date of this 38 section: 39 (A) 0. 0073 percent for a: p. 2 SHB 1406.PL 1 (I) Participating city that is located within a participating 2 county if the participating city is not levying a qualifying local 3 tax; and 4 (II) Participating county, within the limits of a participating 5 city if the participating city is not levying a qualifying local tax; 6 (B) 0. 0146 percent within the limits of a: 7 (I) Participating city that is levying a qualifying local tax; 8 and 9 (II) Participating county within the unincorporated area of the 10 county and within the limits of any nonparticipating city that is 11 located within the county. 12 (d) A county may not levy the tax authorized under this section 13 within the limits of a participating city that levies a qualifying 14 local tax. 15 (e) (i) In order for a county or city legislative authority to 16 impose the tax under this section, the authority must adopt: 17 (A) A resolution of intent to adopt legislation to authorize the 18 maximum capacity of the tax in this section within six months of the 19 date in which this section takes effect; and 20 (B) Legislation to authorize the maximum capacity of the tax in 21 this section within one year of the date on which this section takes 22 effect. 23 (ii) Adoption of the resolution of intent and legislation 24 requires simple majority approval of the enacting legislative 25 authority. 26 (iii) If a county or city has not adopted a resolution of intent 27 in accordance with the terms of this section, the county or city may 28 not authorize, fix, and impose the tax. 29 (3) The tax imposed under this section must be deducted from the 30 amount of tax otherwise required to be collected or paid to the 31 department of revenue under chapter 82. 08 or 82 . 12 RCW. The 32 department must perform the collection of such taxes on behalf of the 33 county or city at no cost to the county or city. 34 (4) By December 31, 2019, or within thirty days of a county or 35 city authorizing the tax under this section, whichever is later, the 36 department must calculate the maximum amount of tax distributions for 37 each county and city authorizing the tax under this section as 38 follows: 39 (a) The maximum amount for a participating county equals the 40 taxable retail sales within the county in state fiscal year 2019 p. 3 SHB 1406.PL 1 'multiplied by the tax rate imposed under this section. If a county 2 imposes a tax authorized under this section after a city located in 3 that county has imposed the tax, the taxable retail sales within the 4 city in state fiscal year 2019 must be subtracted from the taxable 5 retail sales within the county for the calculation of the maximum 6 amount; and 7 (b) The maximum amount for a city equals the taxable retail sales 8 within the city in state fiscal year 2019 multiplied by the tax rate 9 imposed under subsection (1) of this section. 10 (5) The tax must cease to be distributed to a county or city for 11 the remainder of any fiscal year in which the amount of tax exceeds 12 the maximum amount in subsection (4) of this section. The department 13 must remit any annual tax revenues above the maximum to the state 14 treasurer for deposit in the general fund. Distributions to a county 15 or city meeting the maximum amount must resume at the beginning of 16 the next fiscal year. 17 (6) (a) If a , county has a population greater than four hundred 18 thousand or a city has a population greater than one hundred 19 thousand, the moneys collected or bonds issued under this section may 20 only be used for the following purposes: 21 (i) Acquiring, rehabilitating, or constructing affordable 22 housing, which may include new units of affordable housing within an 23 existing structure or facilities providing supportive housing 24 services under RCW 71.24 . 385; or 25 (ii) Funding the operations and maintenance costs of new units of 26 affordable or supportive housing. 27 (b) If a county has a population of four hundred thousand or less 28 or a city has a population of one hundred thousand or less, the 29 moneys collected under this section may only be used for the purposes 30 provided in (a) of this subsection or for providing rental assistance 31 to tenants. 32 (7) The housing and services provided pursuant to subsection (6) 33 of this section may only be provided to persons whose income is at or 34 below sixty percent of the median income of the county or city 35 imposing the tax. 36 (8) In determining the use of funds under subsection (6) of this 37 section, a county or city must consider the income of the individuals 38 and families to be served, the leveraging of the resources made 39 available under this section, and the housing needs within the 40 jurisdiction of the taxing authority. p. 4 SHB 1406.PL 1 (9) To carry out the purposes of this section including, but not 2 limited to, financing loans or grants to nonprofit organizations or 3 public housing authorities, the legislative authority of the county 4 or city imposing the tax has the authority to issue general 5 obligation or revenue bonds within the limitations now or hereafter 6 prescribed by the laws of this state, and may use, and is authorized . 7 to pledge, the moneys collected under this section for repayment of 8 such bonds. 9 (10) A county or city may enter into an interlocal agreement with 10 one or more counties, cities, or public housing authorities in 11 accordance with chapter 39. 34 RCW. The agreement may include, but is 12 not limited to, pooling the .tax receipts received under this section, 13 pledging those taxes to bonds issued by one or more parties to the 14 agreement, and allocating the proceeds of the taxes levied or the 15 bonds issued in accordance with such interlocal agreement and this 16 section. 17 (11) Counties and cities imposing the tax under this section must 18 report annually to the department of commerce on the collection and 19 use of the revenue. The department of commerce must adopt rules 20 prescribing content of such reports. By December 1, 2019, and 21 annually thereafter, and in compliance with RCW 43. 01. 036, the 22 department of commerce must submit a report annually to the 23 appropriate legislative committees with regard to such uses. 24 (12) The tax imposed by a county or city under this section 25 expires twenty years after the date on which the tax is first 26 imposed. --- END --- p. 5 SHB 1406.PL MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health The Department of Community Services , Public Health HousingManagementFund and Funding Policies & Procedures Last revised 10122118 Table of Contents Section Title Page A Introduction B Funding Sources c Guiding Principles 2 D Funding Process 2 E Contract Performance, Monitoring and Compliance 4 Section A: Introduction Mason County Community Services Public Health Department is responsible for contracting and compliance activities related to the homeless housing funds. Through the award of funds, Mason County Community Services partners with agencies to establish sustainable funding practices, implement low-barrier projects and policies, and the use of best practices to improve the lives of Mason County Residents. The funding supports homeless crisis response systems and best practices that efficiently reduce and prevent homelessness especially for people living outside. Section B: Funding Sources Consolidated Homeless Grant Program: The Consolidated Homeless Grant Program (CHG) funding is awarded by the Department of Commerce through an application process on a biennium. On July 1 of 2017, Mason County became a lead grantee for the CHG funds and, in-turn, subgrants these funds to support a local homeless crisis response system and supports efforts to end homelessness. These funds are governed by the contract between the Department of Commerce and the county and the manual "Guidelines for the Consolidated Homeless Grant". These funds support administration, operations, and facilities support for such programming as emergency shelters, transitional housing, rapid re-housing, diversion, coordinated entry, and data collection and reporting. The Consolidated Homeless Grant appropriates funds in the following three categories: • CHG Base—programming for households under 30% area median income (AMI). • CHG TANF—operations and rental assistance for households that qualify for the Temporary Assistance for Families in Need. • CHG HEN —administration, operations and rental assistance for households that qualify for the Housing and Essential Needs Program. Local Document Recording Fees: Funds are obtained through an imposed surcharge on document recording fees of real property transfers. 2163 Funds (RCW 36.22.179) Homeless Housing and Assistance: The Homeless Housing Grant Program was created in Washington State by Engrossed Second Substitute House Bill (ESSHB) 2163 on August 1, 2005. The law created a document recording fee on certain documents to be utilized by local jurisdictions to reduce homelessness. Administration of the grant funds are shared between local governments and the State. Eligible uses of the funds are to provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; grants and vouchers designated for victims of human trafficking and their families; and emergency shelter assistance; and fund the homeless housing grant program. 2060 Funds (RCW 36.22.178)Affordable Housing: Substitute House Bill 2060 became law in Washington State on June 13, 2002. The law created a document recording fee on certain documents to be utilized for low-income housing. Administration of the fund is shared between local governments and the State. The local portion of SHB 2060 funds is to be administered pursuant to an inter-local agreement between Mason County and the Cities within the County. 1IPage Eligible housing activities to be funded by these funds are limited to: Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including units for homeownership, rental units, seasonal and permanent farmworker housing units, units reserved for victims of human trafficking and their families, and single room occupancy units; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects eligible to receive housing trust funds, that are affordable to very low-income households with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; (c) Rental assistance vouchers for housing units that are affordable to very low-income households with incomes at or below fifty percent of the area median income, including rental housing vouchers for victims of human trafficking and their families, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with or similar to the United States department of housing and urban development's section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters. Approximate Allocations and Funding Proportions (as of July 1, 2018): CHG Base $169,000 14% CHG TANF $22,000 2% CHG HEN $517,000 42% 2163 $440,000 36% 2060 $80,000 6% Total $1,228,000 Section C: Guiding Principles • Funding is awarded for project types and meeting stated outcomes and system performance measures • Contracts are "performance managed" • Funding is distributed in a fair and equitable way • All processes are transparent • All people deserve a safe place to live • Urgent and bold action is the appropriate response to people living outside • Interventions are data driven and evidenced based • Processes are standardized Section D: Funding Process Policy Overview Funding is distributed in a fair and equitable manner through a request for proposal (RFP) process unless otherwise noted. The 2163 funds are used primarily to provide and sustain services for a homeless crisis response system. Funding is evaluated annually and may be granted on a one or two-year cycle through an RFP process. 2 1 P a g e 2060 funds are to help increase housing capacity of affordable housing and/or emergency shelters. These funds support the Affordable Home Acquisition and Preservation Program and will aid in the capital purchase, renovation, and management of homes to serve households with an income of less than 50% of the Area Median Income. Since this fund is primarily for one-time projects such as capital purchases and rehabilitation, funds are dispersed through an RFP process on an as needed or project basis as determined by the Housing and Behavioral Health Advisory Board. The strategy of awarding the 2060 funds on a project or as need basis allows the fund to build up for increased capital purchasing power. The Advisory Board may also determine and recommend that these funds supplement shelter operations. Policy 13.1: All funding requests must submit a written proposal using the template provided by Mason County Community Services Policy D.2: All written funding requests will be vetted through the Housing and Behavioral Health Advisory Board with recommendations to the Board of County Commissioners D.2.1: The Housing and Behavioral Health Advisory Board operates under Resolution 33-18 signed May 15, 2018. D.2.2: Applications will be screened for completion and meeting minimum criteria as described in the RFP Application Instructions by Mason County Community Services staff prior to submitting the applications to the Housing and Behavioral Health Advisory Board. Applications that are late, do not follow instructions or do not supply required supplemental documents will not be considered for funding. D.2.3: RFP applications will be evaluated on: • A complete and responsive RFP Application • Alignment with Community Priority Areas • Applicant's ability to meet the core elements of a high performing homeless crisis response system • Clearly defined scope, goals and outcomes/performance measures. • Cost effectiveness • Organization's partnerships and collaboration. • Financial capacity • Previous contract performance D.2.4: A short application will be provided to agencies that are currently under contract. D.2.5: New agencies or agencies that have received funds in the past, but are not under current contract,_will be required to submit the full RFP Application. D.2.5.1: For applicants submitting the full RFP Application, funding is intended for the purpose of providing new or expanded programs and services rather than supplant existing funding Policy D.3: The Consolidated Homeless Grant funds are awarded to each county on a biennial basis, and, in-turn, sub-granted through an RFP process and awarded for a one or two-year term. D.3.1: All subgrantees must comply with the Department of Commerce Contract and CHG Guidelines. D.3.2: Local county governments have the authority to add additional requirements and measures beyond that required by the Department of Commerce. Policy D.4: 2163 funds are evaluated annually and may be granted on a one or two-year cycle to sustain homelessness services through an RFP process. 3 1 P a g e Policy D.5: 2060 funds are considered on a project basis as recommended by the Housing and Behavioral Health Advisory Board and approved by the Board of County Commissioners. D.5.1: The intention is to not award the 2060 fund annually to allow the fund to build up over time to increase capital purchasing power for more affordable housing in Mason County. D.5.2: All special requests for these funds must include a written proposal using the County template. Written requests for these funds will be evaluated by the Housing and Behavioral Health Advisory Board and may be the catalyst for an open-bid process. D.5.2.1: Approval to disperse funds and approve contracts is made by the Board of County Commissioners. Policy D.6: The responsibility of Mason County Community Services will include coordination on the following: D.6.1: RFP process D.6.2: County Commissioner Briefings and Action Agenda items D.6.3: Award letters D.6.4: Press Releases D.6.5: Community Services will host any orientations and workshops associated with the RFP. Community Services staff will answer questions regarding the application and ensure a fair and equitable process for all applicants. D.6.6: Application Screening prior to submission to the Housing and Behavioral. Advisory Board for review and funding recommendation process. D.6.7: Contract Management including performance and compliance D.6.7.1: Mason County Community Services will maintain contract monitoring and compliance policies and procedures Policy D.7: All approved programs or projects will be reimbursed for allowable expenses by submitting a detailed monthly invoice to the Mason County staff designee for amounts up to the approved allocation. D.7.1: Payments will follow the vendor payment schedule set forth by the Mason County Auditor's Office. D.7.2: All Special Conditions of the contract must be met before any funds are reimbursed. D.7.3: Subcontractor's must supply MOA's or MOU's with partnering agencies for joint projects, when applicable, before contracts are approved. Section E: Contract Performance, Monitoring and Reporting Policy Overview To demonstrate that funds are directed to programs that achieve the community priorities and contract deliverables, improvements in program outcomes are expected and will be assessed through quarterly and annual performance reports and measures. Policy E.1: Evaluation and Accountability Programs or services implemented under the housing funds are monitored by Mason County staff. The Housing and Behavioral Health Advisory Board will review year-end reports and utilize additional information sources to identify gaps in the community to help make future funding decisions. ^ 41Page E.1.1: Subgrantee's of the Consolidated Homeless Grant will be expected to meet performance benchmarks set forth by the Department of Commerce. E.1.2: Mason County Community Services will include performance measures in the contract scope of service, monitor progress and provide technical assistance to subcontractors to support achievement of these measures. E.1.3: Subcontracts will contain a non-compliance exhibit. Policy E.2: Required Monitoring & Reporting All awarded contracts will be required to submit performance reports on a quarterly and annual basis for both fiscal year and, if necessary, calendar year using the templates provided by the county. Mason County will provide templates but reserves the right to change the requirements or reporting information to assess and analyze the effectiveness of funded programs and/or update the Strategic Plan. A narrative report is required to explain the number-driven data, speak to trends, successes, challenges and provide insights for future programming. The Housing and Behavioral Health Advisory Board will help evaluate reports and provide guidance on the type of reporting required outside of the requirements of the Consolidated Homeless Grant. E.2.1: All recipients of the Consolidated Homeless Grant Funds will be monitored according to the Consolidated Homeless Grant Guidelines. E.2.2: Mason County's Community Services Public Health Department will monitor contracts according to the departments' Contract Monitoring Policies and Procedures. E.2.3: 2060 funds awarded for renovation/rehabilitation projects reporting is subject to: licensed contractor, permits, building inspections, estimate, and invoices. Policy E.3: Contract Payment E.3.1: All contracts must satisfy the special conditions of the contract to be eligible to invoice and receive payment. E.3.2: All contract awards will be paid by reimbursement. Mason County will reimburse contractors for actual expenditures incurred each month; back up receipts must be kept on file by the grantee. Payment is a condition of contractors being in good standing, have performed the services and submitted all required reporting to a satisfactory level. E.3.3: Funding will be disbursed upon submission of the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. E.3.4: Monthly expenditures will be reported using the template provided. Contractors will submit a signed invoice request and corresponding invoice workbook that includes expense details. E.3.4: Payment is delivered according to the contract and on the assumption that State and local funds are available to Mason County for disbursement to the contractors; have been expended and program requirements met, or earlier in the event of non- compliance. If State or local funds are not available to Mason County, the Cunty reserves the right to amend the payment terms and the amount of the maximum contract total. 5 1 P a g e • 1. 1 MASON COUNTY IviC Contract#20-022 PROFESSIONAL SERVICES CONTRACT ---- - — -- -- CONTRACT#QC.2060.2020.1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and Quixote Communities, hereinafter referred to as"CONTRACTOR." Contracted Entity Quixote Communities Address 3350 Mottman Rd SW City, State, Zip Code Olympia, WA 98512 Phone 360-791-8999 Primary Contact: Name, Title Ja cie Osterberg, Executive Director Primary Contact: E-mail jaycle.osterberg@quixotevillage.com Washington State UBI## 602 769 241 Federal EIN 32-0243330 DUNS# 034193489 Total 2060 Funds Awarded $190,000 Total 2163 Funds Awarded none Total Award/Contract Value $190,000 Performance Period March 1, 2020—May 31, 2021 Contract Expiration Date May 31, 2021 PURPOSE: The purpose of this contract is to assist the COUNTY in providing and/or maintaining affordable housing units pursuant to RCW 36.22.178 and the COUNTY'S Affordable Housing Acquisition and Preservation Program. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to.this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: homeless housing, affordable housing and housing services that benefit low-income (less than 50% AMI), homeless and at-risk of homelessness residents residing in Mason County and detailed in "Exhibit A Scope-of-Work;" and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services and WHERAS, a tiny home village is non-existent in Mason County and the veteran tiny home village is supported through the state capital budget and a land lease agreement with the City of Shelton; NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: i i i 2 I I Special Conditions Funding Source: Revenue from document recording fees as allowed per 2002 Substitute House Bill (SHB) 2060 (RCW36.22.178). Funding Distribution: CONTRACTOR agrees that no advancements of funds will be made, and all payments will follow the invoice and reimbursement process of MASON COUNTY. The completion date for the new construction of tiny homes is on or before the contract expiration date of business May 31, 2021. The CONTRACTOR has within thirty (30) days from this date to submit all invoices for payment. CONTRACTOR agrees that all unspent funds during the performance period are forfeited upon the expiration date of the contract. CONTRACTOR to provide the documentation and invoices as required and detailed in "Exhibit C Compensation." Should CONTRACTOR fail to properly report, ensure permits are obtained and document allowable expenses COUNTY will require CONTRACTOR to repay unaccounted for funds within 30 days of request from COUNTY. Should CONTRACTOR fail to submit any reports, including the final report and/or invoices as detailed in "Exhibit C Compensation" COUNTY reserves the right to disqualify CONTRACTOR as an eligible contractor for subsequent funding programs. Required Assurances from Request for Proposal: Fair Housing and Affirmative Marketing-All housing construction, purchase or rental projects must comply with the following federal fair housing laws, including but not limited to: Title VI of the Civil Rights Act of 1964 as amended; The Fair Housing Act; Equal Opportunity in Housing Act; and Age discrimination act All housing projects must adopt affirmative marketing procedures in compliance with federal and county policy. An affirmative marketing plan must be provided. The plan must, to the greatest extent possible, provide information to the public and potential tenants that may be underserved in the community. Accessibility-All projects must comply with the accessibility laws, including the Americans with Disabilities Act and Fair Housing Act. Financial Management-CONTRACTOR must comply with all relevant accounting/financial standards and have a management system in place that can demonstrate cost reasonableness. 3 Contract Number CONTRACTOR must include/reference the Contract#on all invoices, reports and other documents pertaining to this CONTRACT. General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT begins March 1, 2020 and ends May 31, 2021. Allowed expenses incurred during this performance period may be billed to this CONTRACT within thirty (30) days of the contract expiration without regards to the actual date of CONTRACT execution. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACT total value not to exceed $190,000. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. The COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which the COUNTY does not hold title. The COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR,without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall 4 not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent CONTRACTOR, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit "C" and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 5 i Assignment and Subcontracting: The performance of all activities is the sole responsibility of the CONTRACTOR. CONTRACT Scope of Work may be assigned or subcontracted. No Guarantee of Employment: The.performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall_ not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee. of any sub-contractor by the COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race; color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any 6 i service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or. performing work or providing supplies to-the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person.or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. Ownership of Items Produced: All.writings, programs, data, public records.or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages.attributable to any such claims that are finally awarded against COUNTY in any action. .Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance'of this.CONTRACT, except upon the prior written consent of the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents . or employees from all loss or expense, including, but not limited to,-settlements,judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon 7 request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: Contractor agrees to have and maintain the policies set forth in Exhibit B entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the COUNTY as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. Verification of Coverage: Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Additional Insurance Requirements and Stipulations: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT B Insurance Requirements.'" Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act,for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: . Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment,includes, but is not:limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or _ 1 i i otherwise, of the CONTRACTOR, its employees; agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2)are directly or indirectly arising out of, resulting from; or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation.of the CONTRACTOR shall not be limited in any-way by the Washington State Industrial Insurance Act,-RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all ' CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall-be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Director of the Mason County Community Services Department and his or her designees, as COUNTY's representative, hereinafter referred tows the Administrative.Officers, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right'to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The designated Administrative Officers for purposes of this CONTRACT is: Program Lydia Buchheit, Manager Mason County Community and Family Health 415 N. 6th Street Phone: 360-427-9670 Ext. 293 Fax: 360-427-7787 E-mail: lydiab@co.mason.wa.us Submit all reports/forms to caseyb(cD-co.mason.wa.us i t j 9 j Financial: 1 Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us; Submit all reports/forms to caseyb(d)-co.mason.wa.us Contractor Contact Information: Jaycie Osterberg, Executive Director Quixote Communities 360-791-8999 Jaycie.osterberg@quixotevillage.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer's designees under this CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the "Contractor Information"section. Notice may be given by delivery or by depositing in the U.S. mail. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party; shall be in writing and signed by both of the parties. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same . services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product as outlined in Exhibit A: SCOPE OF WORK and Exhibit C: COMPENSATION by the contract term end date. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S: mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated-for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. I 10 If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the Contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute j breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer or COUNTY, or(2) the happening of any event or occurrence, unless CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost.involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. a I 11 I Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or-otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator . selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or.any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of.the arbitrator shall be final,and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them l regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing_ date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein,this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed.a Waiver of any prior or subsequent breach., No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by.the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any,such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures,_federal Office of Management and Budget (OMB) circulars and federal and state executive_ orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions 12 i Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, including the Request for Proposals issued April 9, 2019 and the submitted proposals, represents the entire CONTRACT.between the parties and supersedes any prior oral f statements, discussions or understandings between the parties. Exhibits: Exhibit A Scope-of-Work and Deliverables Exhibit B Insurance.Requirements Exhibit C Compensation Exhibit Work Estimate IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Quixote Communities Mason County Community Services Department 4t -_.- ycie Osterh?e g, Executive Director S aron Trask, Chair Mason County BOCC Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA •i i + 13 EXHIBIT A SCOPE OF WORK and Deliverables 1. The Scope of Work includes New Building, New Construction,Contingency and associated taxes as outlined in the,budget of the Request for Proposal and the excerpt placed in Exhibit D: Work Estimate. New Building includes 30 tiny homes (modular construction off-site, transported and installed on-site), community building (modular construction off-.site, transported and installed on-site), concrete foundations for all buildings, grading,installation of utilities, sidewalk and parking lot construction. 2. The project served individuals and/or households at or below 50%Area Median-Income. 3. CONTRACTOR is required to acquire and follow all code and permit requirements associated with the manufacturing, transportation, on-site installation, and building of.the tiny homes for the veteran village. 4. DELIVERABLES: All invoices and documentation must be submitted within thirty(30) days of the contract expiration date of May 31, 2021 to close out this contract. a. Provide a certificate of Insurance within thirty,(30) days of when contract is signed that meets the'requirements in Exhibit B: Insurance Requirements. b. . Invoices of allowable expenses that includes this contract number, date of work, details of materials and labor connected to the manufacturing and installation as noted above that incur during the performance period of this contact; and c. Final inspection demonstrating project completion. 4 :-I 14 I j EXHIBIT B INSURANCE REQUIREMENTS Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than j $5,000,000 per occurrence.if a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000, per accident for bodily injury and property- damage. 3. Workers' Compensation: On a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 4. Builder's Risk (Course of Construction)insurance utilizing an "All Risk":(Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards)with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. a. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the COUNTY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the COUNTY. 6. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for.the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. MINIMUM SCOPE AND LIMIT OF INSURANCE Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The COUNTY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can.be provided in the form of an j 15 endorsement to the Contractor's insurance (at least as broad-as ISO Form CG 20 10, CG 1185 or both CG 20 10, CG 20 26, CG 20 33, or:CG 20 38; and.CG 20 37 forms if later revisions i used). 2. Each insurance policy.required by this clause shall provide that coverage shall not be canceled, except with notice to the COUNTY. 3. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 4. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 5. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR.shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. . i 6. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any'portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY.The COUNTY may review options with.CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 7. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is.not effective until COUNTY executes a written statement to that effect. 8: It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR, indemnifying party and/or any subcontractor, is intended to apply on a primary non-contributing basis.in relation to any other insurance or self-insurance available to COUNTY. Builder's Risk(Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the COUNTY as a loss payee as their- interest may appear. If the project does not involve new or major reconstruction, at the option of the COUNTY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the COUNTY's site. 16 I EXHIBIT C COMPENSATION 1. Payment is for reimbursable expenses and follows the vendor payment cycle of Mason County Auditor's Office. 2. CONTRACTOR must include/reference the Contract Number on all documents submitted pertaining to this CONTRACT. 3. The approved budget which details the expenses that CONTRACTOR can use CONTRACT funds for are approved in an amount not to exceed $190,000. 4. Invoicing: a. Copy of accepted bid, work estimate, or signed agreement must be included with the signed MASON COUNTY contract b. Invoices of allowable expenses that includes this contract number, date of work, details of labor, materials and new construction contingency connected to the manufacturing and installation (i.e. new building and new construction contingency)-incurred during the performance period of this contact c. Receipts of expenses attached d. Final fiscal close out report demonstrating project completed e. All invoices must be submitted within thirty (30) days of the contract expiration date of May 31, 2021. 5. Budget Revisions: a. CONTRACTOR must submit a written request to the COUNTY for any budget modifications prior to using program funds for expenses outside of the approved budget. b. Modification request must include a justification and be submitted with a revised budget that reflects the funds use adjustment. c. COUNTY will notify CONTRACTOR of modification decision in writing. d. The revised budget as submitted and approved by COUNTY will be appended to this CONTRACT without the need for a formal CONTRACT amendment. 6. Procurement: CONTRACTOR is required to procure goods and services in alignment with Washington State procurement standards. r 17 j EXHIBIT D PROPOSED WORK ESTIMATE Shelton Veterans Village- vernll Budget Federal Total Project ' cost. Housing Finance Home Loan Mason Unit Bank County Acquisition Costs: j Land Existing Snuctme- Liens Closing,Title&Recording Costs $ 5,000 $ 5,000 Extension pa}vrent Other: SUBTOTAL S 5,000 S 5;000 S Construction: Demolition New Building S 2,550,152 S 1,SS0,640.00 S 501,162 S 16S,350 Rehabilitation Contractor Profit Contractor Overhead New Conshuction Contingency 1590 S 260,026 S 1SS,064.00 S 55,127 S 16,S35 Rehab Contingency 0% Accessory Building Site work/InS•astructme S OffsiteInfrashvctme S 50,112 S 50,112 En%iionmentA Abatement-Building En%irotmrental Abatement-Land Sales Tax S 228,S23 $ 165,496 $ 4S,512 S 14,S15 Appliance: S 10,000 $ 10,000 I'muitwe S 55,086 S 55,086 PSE Transformer S 30,000 S 30,000 \fateria!testing SUBTOTAL S 3,1S4;199 S 2,274,200 $ 710,000 S 200,000 RESOLUTION NO. leave the number blank—Clerk of the Board assigns when adopted A RESOLUTION to adopt the Community Services Public Health Department's Housing Fund Management Policies and Procedures WHEREAS,The Community Services, Public Health Department administers, manages, and is responsible for contract monitoring of the Housing Funds that includes the Consolidated Homeless Grant(Chapter RCW 43.185c) and Local Document Recording Fees (RCW 36.22.179 and RCW 36.22.178). WHEREAS, Document Recording Fee statute RCW 43.185C.050 - Local Homeless Housing Plans section (2)(g) requires counties to measure progress through the"Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals"; WHEREAS, the Board of County Commissioners has authority over these funds WHEREAS, the Board of County Commissioners receives direct requests from community constituents for access to these funds. WHEREAS, funding policies and procedures plan an important role in a strategic, long-term approach to fiscal management of the funds. WHERAS, Resolution 33-18 approved the formation of the Housing and Behavioral Health Advisory Board to strategically align the housing and behavioral health grant awards to improve the health of Mason County residents and make funding recommendations to the Board of County Commissioners. WHEREAS, Community Services, Public Health has policies and procedures regarding the administration and management of the Consolidated Homeless Grant and Local Document Recording fees. These funds are granted to agencies for work on subsidized housing and reducing homelessness. WHEREAS, the Board of County Commissioners recognize that it is in the best interest of Mason County to establish policies and procedures for the management of the Housing Funds in order to promote sound fiscal management. NOW,THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners does hereby adopt the Housing Fund Management and Policies and Procedures of Community Services Department, Public Health (Attachment A). Adopted this day of 12019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 10/19/20 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Approval to pay Josh Luck, Building Inspector V, 10% Lead Pay effective October 1, 2020 through September 30, 2021. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or "newly created position" as referenced in ARTICLE 8 — SENIORITY, Section 2. A Lead Worker will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the Teamsters bargaining unit. This job classification is used at the discretion of management (and with prior approval of the Board of County Commissioners). A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department. Any employee who acts as Lead Worker will receive an additional ten percent (10%) salary for the period of time they perform that function. BU DG ET-IM PACT: PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Approval to pay Josh Luck, Building Inspector V, 10% Lead Pay effective October 1, 2020 through September 30, 2021. ATTACHMENTS:.Special Pay Form Briefing Summary 10/7/2020 `y4 a TEMPORARILY WORKING IN A HIGHER CLASS/ OUT OF CLASS/LEAD PAY - REQUEST FORM []Out of Class Pay ®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:Josh Luck Employee JobTitle:Building Inspector V Department: Building Please insert the lead,out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: See Attached. What specific job duties this employee will be performing outside of their current position description and for how long: Assigns daily inspection routes; assigns plan review; trains new employees; investigates complaints; responsible for keeping Title 14.updated and bringing amendments to the Board of County Commissioners; set policy implementation and interpretation of Title 14, the IBC and IRC for staff consistency and setting the Building Community's expectation; assists Supervisor in drafting letters of Administrative Determinations as required when code challenges are made. Effective Date: 10/1/2020 End Date 30AOZI� *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: Zo2 U BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll 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. Employee(s) assigned to work at least three (3), eight (8) hour days within a twenty-one (21) calendar day period, in a higher classification will receive the first step salary of the appropriate classification that provides at least a five percent (5%) increase for all time spent in that higher classification. The employee, must be performing most of the. essential functions of the higher classification to have that time count toward the additional compensation. This section is not applicable to employees who are being trained to perform the work of the higher classification. 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 15th ears 1.5% above base Beginning in 16th and continuing thru 20th ears 3.0% above base Beginning in 21 st and continuing thru 25th ears 4.5% above base Beginning in 26th year and continuing thereafter 6.0% above base 10.6 LEAD WORKER The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position" as referenced in ARTICLE 8—SENIORITY, Section 2. A Lead Worker will typically direct, oversee and/or organize the work of other, employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the Teamsters bargaining unit. This job classification is used at the discretion of management_(arid with prior approval of the Board of County Commissioners). A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmerital applicants before going outside his/her department. Any employee who acts as Lead Worker will receive an additional ten percent (10%) salary for the period of time they perform that function. 10.6 COMMERCIAL DRIVERS LICENSE(CDL) The County shall pay for all required medical examinations including employees who are required to possess a Commercial Driver's License, and also reimburse such CDL holders for the costs above the basic Washington State Driver's License that are unique to maintaining their CDL General Services-Teamsters Union Local No.252 and Mason County 2019-2021 Collective Bargaining Agreement Page 25 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Building EXT: 286 BRIEFING DATE: October 19, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance X Human Resources ❑ Legal ❑ Other— please explain ITEM: Don Horton, Building Inspector vacated position on 10/14/2020. Permission to refill with Building Inspector II, III, IV or V. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): One Building Inspecting position has been vacated as of October 14, 2020. The Building Department plans to fill the position with a Building Inspector II, III, IV or V. BUDGET IMPACT: None. Full-time permanent position is budgeted for 2020. PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Permission to fill position and post to hire. ATTACHMENTS: None. Briefing Summary 10/14/2020 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS . EXT: 260 . BRIEFING DATE: Oct 19, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance xx Human Resources ❑ Legal x❑ Other— please explain.Frank Pinter ITEM: Community Services Pandemic'Response Community Health Specialist EXECUTIVE SUMMARY: (If applicable, please include available options and potential - solutions): 2020 has presented the department with a multitude of challenges. In moving forward, we are requesting adding a temporary Community Health Specialist working in COVID-19.Pandemic response. This would be a union position tied directly to COVID-19 funding or Foundational Public.Health (FPHS) funding through June of 2021..This position would be under the Community Health and Human Services division but may be housed at Emergency Management for efficiency. BUDGET IMPACT: Funds are available through the LHJ COVID-19 response funding through Dec 30, 2020 and from FPHS PUBLIC OUTREACH:(include any legal requirements,direct notice,website, community meetings,etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Approve and place on action agenda for Oct. 2012020 ATTACHMENTS: Position description Briefing Summary 10/14/2020 POSITION DESCRIPTION bLS1 Title: Community Health Specialist I, II or III Department: Community Health Affiliation: Community and Family Health Reports to: Community Health Manager Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current CBA Union Approval Date: Director Approval Date: GENERAL POSITION SUMMARY: This position is primarily responsible for leading systemic countywide planning and strategic collaborations and implementing effective population-based policy, systems and environment change strategies to address the environmental, economic and social determinants of health and health inequities. Work assignments require individuals to work independently as each grant/program is broad in nature. Work involves coordination with many local individuals, community agencies and resources, as well as regional, state or national partners. JOB FUNCTIONS: • Lead community efforts and engage stakeholders in program planning, development of policy or initiatives, and/or evaluation that support population based public health and prevention efforts. • Lead processes to identify community priorities for planning or implementing population-based prevention and strategies that promote health equity and address the social determinants of health. Ensure strategies are compliant with local, state, and federal requirements (grant requirements, RCWs, etc.). • Coordinate all aspects of a competitive grant writing and award process, including ensuring community, stakeholder and advisory board engagement as appropriate. • Draft contracts with grantees or sub-awardees; monitor contracts for compliance and ensure disbursement of grant funds. • Oversee community or program data collection and or provide technical assistance to grantees, sub- awardees, or partners as needed to ensure high quality data. • Conduct and/or oversee reporting processes, including reporting on outcomes and progress to a variety of diverse key stakeholders. • Liaise with local leaders to encourage coordination and strengthen partnerships among agencies and organizations that are addressing health and wellness related issues; facilitate effective, culturally responsive, and equitable planning and delivery of services across the county. • Organize, convene, facilitate and present at community meetings, events, public engagement, or programs that relate to public health improvement and county health priorities. • Review research, case studies, and examples from other counties, both in Washington and across the country, to bring information about evidence-based approaches or programs and innovative strategies to Mason County, or to design new programs. • Educating and encouraging population based prevention and health promotion policy, systems and environment changes. • Regular, reliable and punctual attendance. QUALIFICATIONS: A bachelor's degree from an accredited college or university in public health, community health, or a closely related field is preferred. Master's degree in Public Health preferred. Three (3) years of progressively responsible professional experience in public health or closely related field and that is directly applicable or comparable to the duties and responsibilities of the position. Valid Washington State Driver's Est. 09.2014/Rev 1 0212.2020(format) License OR an equivalent combination of education, training and experience that provides the necessary skills, knowledge and abilities to perform the duties as listed.. Knowledge of: Social marketing, behavior change theory, asset-based community development principles and practices, trauma-informed/responsive practices, and health equity. Maintains knowledge of current best practices for public health and the advances in the field-within the focus area of work. Local, state and national agencies and organizations that provide-community and social services and other governmental assistance programs. Grant program policies, procedures, and reporting standards for all sources of funding. Principles and procedures for grant applications, administration, accounting, and records management. Skilled in: Verbal and written communications (i.e.'Presentations, reports, deliverable documentation, grant proposals or request for qualifications, infographics, etc.). The use of Microsoft Office Suite for electronic communications and scheduling, creating professional documents, spreadsheets and charts using formulas,-references, linking; and other advanced functions. Understanding, interpreting and applying social and public health theory to local situations and determine best course of action. Evaluating community needs and developing recommendations for short- and long-term prevention, policy, system, and or environmental strategies that address determinants of health. Maintains strong interpersonal skills to nurture lasting relationships with community partners. Ability to: Manage multiple priorities and prioritize tasks in order to ensure timeliness, quality and quantity of work. Design new projects or programs, work plans, goals, objectives with.measurable performance and financial impacts; track program effectiveness and make recommendations to management. Use data, analytical skills, and systems thinking to assess and identify problems, develop effective, creative, and resourceful solutions. Receive, process, and provide complex visual, verbal, and written information. Ability to present complex ideas in understandable and approachable ways that result in high quality effective communication with all audiences. Effectively respond to and reconcile competing interests of government entities, community organizations, service providers, contractors, public representatives, and consumers as they affect the planning and operation of programs. Exercise skill and judgment in engaging effectively and respectfully.with members of the public, community groups, co-workers, etc.; maintains excellent public relations in all,situations, including unusual, complex, difficult or high-tension situations. Work effectively with diverse individuals and community organizations. Possess commitment to and demonstrate expertise in understanding root causes of health inequalities; advocate for equity related to age, disability, religious culture, ethnicity; sexual orientation, social class, indigenous background, national origin and gender. Work effectively in a teamwork environment, as well as independently; coordinates work with other employees, supervisors, and managers as appropriate. Exercise discretion and.maintain confidentiality when appropriate (such as resolving a problem with a contractor, etc.). Maintain a respectful demeanor, interact effectively with others, and recognize and attend to self-care when job' stress, heavy workload and stressful situations occur. . Supplemental Information Physical Requirements: This position may require: Balancing, Pulling, Finger dexterity, Climbing,. Pushing, Repetitive motion, Stooping, Standing, Hearing, Kneeling, Sitting, Seeing, Crouching, Reaching, Feeling, Talking, Grasping. Duties are typically performed in an office setting with visits to other departments and work sites. Will require travel within and outside the County. Examples of Program Areas: (May work in one or.more programs) • Maternal Child Health • Behavioral Health • Housing • Mental Health • Substance Abuse • Healthy Communities and Chronic Disease Est. 09.2014/Rev 1 0212.2020(format) Community Health Specialist I - Entry-level position within Community Health. Bachelor's Degree is preferred. Community Health Specialist II - Senior level position based on level of experience and the ability to work independently. Bachelor's Degree —is preferred, and three or more years of public health experience in one or more programs.A Bachelor's.Degree may be substituted for four additional (7 years in total)years of experience. Community Health Specialist III Senior level position based on level of experience and.the ability to'work independently. Master's Degree preferred and has three or more years of public health"experience in one or more programs. A Master's Degree may be substituted for two additional (9 years in total) years of experience. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment& Discrimination —Annually Blood Borne Pathogens—Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date.: Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est.09.2014/Rev 1 0212.2020(format) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse and Kell Rowen DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 10/19/2020 PREVIOUS BRIEFING DATES If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Permit Software Upgrades EXECUTIVE SUMMARY: (If applicable,please include available options and potential solutions): Community Services continues to work on implementing the features and capabilities of the SmartGov permitting system. Community services has already introduced simpler less complicated permits to the online public portal for applicants. The addition of more complicated permits that have actual plans to review requires an additional software upgrade for staff. In short, staff is limited to what permits they can place online due to the lack of paperless review software. BlueBeam Revu with the SmartGov connector provides a more seamless procedure for staff to review, comment, and stamp plans without printing and re- scanning. COVID-19 has created barriers to our department on permitting and receiving permits from applicants. Reducing contact between staff and the public, in addition to telework needs. Moving more permits to our online portal increases the availability to receive and review permits from a distance, which is needed due to COVID-19. The proposed technology expands the SmartGov permitting system, taking COVID-19 guidance into consideration. BUDGET IMPACT: $10,260 for the 1st year (2020), $4,945 thereafter (future budgets). CARES funding (Work from Home section) to be utilized on initial purchase. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings,etc.) General progression into these SmartGov features has been briefed previously. RECOMMENDED OR REQUESTED ACTION: Approval to place on next available Action Agenda. ATTACHMENTS: Budget Summary for Blue Beam Revu Briefing Summary 10/14/2020 26 70% Startup Uer '; Costs _ Users` Costs BlueBeam studio prime $2,340 625 Revu Stnd License(per seat) $349 11 $s3,839 4 $1,396 *Maintenance(per seat) $99 11 ;;., $1,089. 4 . MO SG connector $1,200 $8$D $320 Second Year/Annual studio prime $2,340 s $1,715: $1 25 *Maintenance(per seat) $99 11 SG connector $1,120 $821 $299 1st year $10,260 '$7,523 Annual Renewal $4,945 $3,625, : $1;320 Total $15,205 $11,148 $4457 CD Users EH Users Josh Luck Rhonda Thompson Trish Woolett Luke Cencula Drew Carlson Jeff Wilmoth Dave Kuzawa Alex Paysse Mike Six Grace Miller Scott Ruedy Marissa Watson Kell Rowen Michael MacSems Planner(vacant) *Maintenance includes premium support via phone or email, Bluebeam Drawings"""and free upgrades to future releases of Revu within one year of your purchase MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Casey Bingham DEPARTMENT: Health EXT: 562 BRIEFING DATE: 10/19/2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Heath Care Authority Contract #K3929 (Community Prevention and Wellness Initiative) Amendment 2 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): We have received these funds since 2015 to support work in the'community on substance abuse and marijuana use and prevention. The current CPWI Community Coalition Coordinator, Ben Johnson, will implement approved DBHR programs in our community for marijuana use prevention and reduction. BUDGET IMPACT: This amendment provides $230,000 to continue current work through 2022. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Move amendment # 2 to contract #K3929 to the Action Agenda ATTACHMENTS: HCA Contract #K3929 Briefmg Summary 10/14/2020 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Washington State CLIENT SERVICES HCA Contract Number: K3929 Health Care uthority CONTRACT RESTATEMENT Amendment Number: 2 For CPWI Prevention Services Contractor/Vendor Contract Number: This Contract is by and between the State of Washington Health Care Authority(HCA) and the Contractor identified below. CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County Public Health CONTRACTOR Street City State. Zip Code 415 N 6TH STREET SHELTON WA 98584 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Lydia Buchheit 360-427-967-ext. 404 Lydiab@co.mason.wa.us Is Contractor a Subrecipient under this Contract? CFDA NUMBER(S): FFATA Form Required ®YES ❑NO ®YES ❑NO HCA PROGRAM HCA DIVISION/SECTION Division of Behavioral Health and Recovery HCA CONTACT.NAME AND TITLE HCA CONTACT ADDRESS Health Care Authority 626 8th Avenue SE Fallon Baraga PO Box 42730 Olympia,WA 98504-2730 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS 360-764-9389 fallon.baraga@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT 7/1/2019 9/29/2022 $594,595 The following Attachments and Exhibits are attached and are incorporated into this Contract by reference: ®Attachments(specify): Attachment 1: Statement of Work Attachment 2: Confidential Information Security Requirements Attachment 3: Data Use,Security and Confidentiality Attachment 4: Business Associate Agreement Attachment 5: Federal Compliance, Certifications and Assurances . Attachment 6: Federal Funding Accountability and Transparency Act(FFATA) Data Collection Form Page 1 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 Attachment 7: SAMHSA Award Terms Attachment 8: Federal Award Identification for Subrecipients Attachment 9: Award and Revenues Attachment 10: Standards for Reimbursable Costs Attachment 11: Community Based Organization (CBO)Statement of,Work The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by both parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTF�I, NAMEAND TITLE DATE SIGNED Rache a Amerine DocuSigned by: Contracts Administrator 9/30/2020 Page 2 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 . oocuSIonsnvelop ID:BIo5D4E5-so Contents ' 1. DEFINITIONS.......................................... .......................................................................................................................6 2. PURPOSE...................................................................................................................................................................11 3. TERM--'--'----.--'---'.'—'--''~.--.----._.'--_''-- ................................... 11 4` APPLICABLE LAW..................................................................................................."..................................................11 S. PERFORMANCE STANDARDS...................................... ,_..........................................................................................1� ' 6. CONTRACTOR AND HCA CONTRACT MANAGERS.......................................................................................................12 7. CONTRACTOR MONITORING.....................................................................................................................................13 7.1. SuansonENT COMPLIANCE............................................................................................................................................13 7.2. MONITORING ACTIVITIES................................................................................................................................................14 W' COMPENSATION AND BILLING........ ..........................................................................................................................1S 8i1. CONSIDERATION AND SOURCE op FUNDS....................................... ...................................................................................15 8.2. RowaonSEwcwTS.—'------'--------------------------'' .----'----1S 8.3. INVOICE SYSTEM............................................................................................................................................................16 8.4. PAYMENTS FOR UNALLOWABLE COSTS AND/OR OVERPAYMENTS.............................................................................................l7 8.5. STATE AND FEDERAL FUNDING Rcounowcmo...................................................................................................................17 g' SUBCONTRACTING............................................................................. ......................................................................18 9.1. SUBCONTRACT LANGUAGE..............................................................................................................................................19 9.2. SUBCONTRACT MONITORING...........................................................................................................................................ZO 10. R[k8EDu\ ACTON--.--.—'''---.—'---''_—.----.—''-'--.----'''—.'—''--20 10.1. CAUSES........................................................................... ............................................................................................ZO 11. THIRD-PARTY BENEFICIARIES................................................................................................................................21 12. DISPUTES..............................................................................................................................................................21 12.1. REQUESTING A DISPUTE..................................................................................................................................................2l 122 CONTENT or THE DISPUTE REQUEST:..................................................................................................................................Z1 123. ACTION om THE REQUEST:.................................................................................................................................................Zl 13. INSURANCE.—.--.—^.---_'.'—''—_—'--.----.—.—''-----.--.--.------..22 131 GENERAL LIABILITY INSURANCE.........................................................................................................................................Z2 13.2. WORKER'S COMPENSATION............................................................................................................................................Z2 133. EMPLOYEES AND VOLUNTEERS............................................................................................................. ..............................22 23.4. SUBCONTRACTORS...........................................................................................................................................................�2 13.5. SEPARATION cn INSUREDS..............................................................................................................................................22 13.6. INSURERS......................................................................................................................................................................23 13.7. EVIDENCE or COVERAGE------------------------------------------------.Z3 23J8. MATERIAL CHANGES......................................................................................................................................................Z3 Page xmna Washington State. CPWI Prevention Services Health Care Authority HuA Contract xamon.Amendment z � 000uaign,Enveope ID:o1Bso4Eo-El D 137E600 � ' 13.9. GENERAL.....................................................................................................................................................................Z3 14. NOTICES................................................................................................................................................................23 15. TAXES,FEES AND LICENSES.................... ^............................................................................................................24 15.1. TAXES.........................................................................................................................................................................Z4 �15]. Fsss/1ccwso.............................................................................................................................................................Z4 16 ACCESS TO DATA...................................................................................................................................................24 — � 17. AMENDMENT.........................................................................................................................................................24 ' ! 'RUST ASSIGNMENT........................................................................................................................................Z4 19. ASSIGNMENT.........................................................................................................................................................25 20. ASSURANCES..........................................................................................................................................................2S 21. ATTORNEYS FEES..................................................................................................... ...........................................25 22. BILLING LIMITATIONS...............................................................................................................................................25 ` 23. CHANGE|N STATUS...............................................................................................................................................2S 24. COMPLIANCE WITH APPLICABLE LAW...................................................................................................................2S 25. CONFLICT QF INTEREST............................................ ............................................................................................2S � 26. CONFORMANCE...............................................-----------.---------------------..26 27. CONTRACTOR CERTIFICATION REGARDING ETHICS...............................................................................................26 28. COVENANT AGAINST CONTINGENT FEES...............................................................................................................26 29. DEBARMENT CERTIFICATIONS...............................................................................................................................26 ' 30. FORCE K8AJEUQE...................................................................................................................................................26 � 31. FRAUDANDABUSE REQUIREMENTS.....................................................................................................................26 ' 32. GOVERNING LAW AND VENUE................................... ................................. .........................................................37 33. HEALTH AND SAFETY..............................................................................................................................................Z7 34. HOLD HARMLESS AND INDEMNIFICATION............................ ..............................................................................27 35. INDEPENDENT CONTRACTOR.................................................................................................................................27 36. INDUSTRIAL INSURANCE COVERAGE.....................................................................................................................27 97." INSPECTION...........................................................................................................................................................27 38. LIMITATION OF AUTHORITY...................................................................................................................................28. ' 39. MAINTENANCE Of RECORDS.................................................................................................................................28 ' 40. PAY EQUITY...........................................................................................................................................................2O 41. PUBLICITY.............................................................................................................................................................28 426 RECORDS AND DOCUMENTS REVIEW'—'^—''—'''.'--'--''—''—'''—'''—''—''—''---_''-29 Page uv,00 ' ' Washington :State CPWI Prevention Services Health Care Authority noA Contract x000n Amendment u � DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 43. REGISTRATION WITH THE STATE OF WASHINGTON..............................................................................................29 44. REMEDIES NON-EXCLUSIVE....................................................................................................................................2.9 45. RIGHTS IN DATA/OWNERSHIP::..........................................................................................................6;.................29 46. SEVERABILITY........................................................................................................................................................30 47. SITE SECURITY..........................................................:..................................................:. ..................30 ...................... 48. SURVIVABILITY......................................................................................................................................................30 49. SYSTEM SECURITY.................................................................................................................................................30 50. TERMINATION FOR CONVENIENCE........................................................................................................................31 51. TERMINATION FOR DEFAULT................................................................................................................................31 52. TERMINATION DUE TO CHANGE IN FUNDING............................... 53. TERMINATION OR EXPIRATION PROCEDURES.......................................................................................................31 53.1. CONTRACT CLOSEOUT....................................................................................................................................................32 54. TREATMENT OF PROPERTY...................................................:................................................................................33 55. WAIVER..........................................................................................:......................................................................33 56. ORDER OF PRECEDENCE......... .................: ATTACHMENT 1-STATEMENT OF WORK...........................................................................................................................34 ATTACHMENT 2-CONFIDENTIAL INFORMATION SECURITY REQUIREMENTS....................................................................43 ATTACHMENT 4-DATA USE,SECURITY AND CONFIDENTIALITY........................................:...............................................54 ATTACHMENT 5—FEDERAL COMPLIANCE,CERTIFICATIONS,AND ASSURANCES...............................................................59 ATTACHMENT 6-FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)DATA COLLECTION FORM.....67 ATTACHMENT 7-SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION(SAMHSA)AWARD TERMS.....69 ATTACHMENT 8-FEDERAL AWARD IDENTIFICATION FOR SUBRECIPIENTS................:.......................................................71 (REFERENCE 2 CFR 200.331)...............................................................................................................................................71 ATTACHMENT 9 AWARD AND REVENUES.........................................................................................................................74 ATTACHMENT 10-STANDARDS FOR REIMBURSABLE COSTS.............................................................................................77 ATTACHMENT 11—COMMUNITY BASED ORGANIZATION(CBO)STATEMENT OF WORK...................................................88 Page 5 of 95 Washington State CPWI Prevention Services Health Care Authority FICA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 RECITALS WHEREAS, HCA and Contractor previously entered into Contract K3929 for CPWI services; and WHEREAS, HCA and Contractor agreed to make substantive changes to the contract; and WHEREAS, this Amendment supersedes and replaces all prior amendments, attachments, award and revenue tables, contract max, effective 7/1/2019; and THEREFORE, both parties agree to keep the original contract number, and to use this amendment to restate the entire contract, thereby replacing prior terms and conditions. 1. Definitions. "Agent"shall mean the Washington State Health Care Authority Director and/or the Director's delegate authorized in writing to act on behalf of the Director. "Allowable cost" means an expenditure which meets the test of the appropriate executive office of the president of the United States' Office of Management and Budget(OMB) circular. The most significant factors which determine whether a cost is allowable are the extent to which the cost is: • Necessary and reasonable; • Allocable; • Authorized or not prohibited under Washington state or local laws and regulations; • Adequately documented. "Authority" shall mean the Washington State Health Care Authority, any section, unit or other entity of the Authority, or any-of the officers or other officials lawfully representing the Authority. "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Awards.and Revenues" or"A&R"details the Contractor's Awards and Revenues, attached-as Attachment 9. "BARS" means fiscal/program requirements"BARS" means the Washington State Auditor's Office Budgeting,Accounting, and Reporting System. See—"Fiscal/Program Requirements", definition below, for more information. "Breach" means the unauthorized acquisition, access, use, or disclosure of confidential information that compromises the security, confidentiality, or integrity of the confidential information. "Business Associate" means a Business Associate as defined in 45 CFR 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, which involves the use or disclosure of protected health information (PHI).Any reference to Business.Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors,third party contractors, volunteers, or directors. "Business Days and Hours" means Monday through Friday, 8:00 a.m.to 5:00 p.m., Pacific Time,except for holidays observed by the state of Washington. "Certified Prevention Professional"or"CPP" means the Prevention Specialist certification recognized by the International Credentialing and Reciprocity Consortium (IC&RC) and supported by the Prevention Specialist Certification Board of Washington, www.pscbw.com. Page 6 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 "CFR" means the Code of Federal Regulations.All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov/cqi-bih/ECFR?Paqe=browse. "Coalition" means a formal arrangement for cooperation and collaboration between groups or sectors of a community. Each participant in the Coalition retains their identity, but all agree to work together toward a common goal of building a safe, healthy, and drug-free community. "Community" means an approved geographic area within school district boundaries, or within High School Attendance Areas (HSAA) and their feeder schools. "Community Prevention and Wellness Initiative" or"CPWI" means the HCA substance use disorder prevention delivery system that focuses prevention services in high-need communities in Washington State as approved by HCA. "Confidential Information" means information that is protected from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or other federal or state laws. Confidential information includes, but is not limited to, personal information. "Contract" or"Agreement" means the entire written agreement between the authority and the contractor, including any exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail) or fax(facsimile)transmission of a signed copy of this contract shall be the same as delivery of an original. "Contractor" means the individual or entity performing services pursuant to this contract and includes the contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this contract. For purposes of any permitted subcontract, "contractor" includes any subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. "CSAP" means SAMHSA's Center for Substance Abuse Prevention. CSAP works with federal, state, public, and private organizations to develop a comprehensive prevention system. "Cultural Competency" means a set of congruent behaviors, attitudes and policies that come together in a system, or agency, and enables that system or agency to work effectively in cross-cultural situations.A culturally competent system of care acknowledges and incorporates at all levels the importance of language and culture, assessment of cross-cultural relations, knowledge and acceptance of dynamics of cultural differences, and expansion of cultural knowledge and adaptation of services, to meet culturally unique needs. "Data" means information produced, furnished, acquired, or used by contractor in meeting requirements under this contract. This includes Personal Information and Protected Health Information. "DBHR" means the"Division of Behavioral Health and Recovery," a division of HCA, or its successors. "DEX means the United States federal"Drug Enforcement Agency". "Debarment" means an action taken by a federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. "Dedicated Marijuana Account" or"DMA" means revenue generated by taxation of retail marijuana as a result of the implementation of Initiative 502 (1-502) as authorized by the Washington State Legislature in 2E2SHB 2136. Page 7 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 "DUNS"or"Data Universal Numbering System" means a unique identifier for businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet(D&B) and are used for a variety of purposes, including applying for government contracting opportunities. "Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. "Encrypt" means to encode confidential information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 128 bits. "Ensure" means to make sure that something will happen or will be available within the resources identified in the Consideration. "EPA" means the Environmental Protection Agency. "Evidence-Based Program" or"EBP" means a program that has been tested in heterogeneous or intended populations that can be implemented with a set of procedures to all successful replication in Washington.An EBP has had multiple randomized and/or statistically-controlled evaluations, or one large multiple-site randomized and/or statistically-controlled evaluations, and the weight of the evidence from a systematic review demonstrates sustained improvements in at least one of the desired outcomes. "Fiscal/Program Requirements" means the Supplementary Instructions and Fiscal Policy Standards for Reimbursable Costs as used by HCA, located at: https://www.hca.wa.gov/billers-providers-partners/Prior- authorization-claims-and-billing/provider-billing-guides-and-fee-schedules#t. "For Profit" means a business or institution initiated or operated for the purpose of making a profit. "General Fund State" or"GFS" or"SFG" means the administrative allocation awarded for Substance Abuse Block Grant. "HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Health Care Authority" or"HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Health disparities" means a particular type of health difference that is closely linked with social, economic, and/or environmental disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater obstacles to health based on their racial or ethnic group; religion; socioeconomic status; gender; age; mental health; cognitive sensory, or physical disability; sexual orientation or gender identity; geographic location; or other characteristics historically linked to discrimination or exclusion." (Healthy People 2020). "Health equity" means the attainment of the highest level of health for all people.Achieving health equity requires valuing everyone equally with focused and ongoing societal efforts to address avoidable inequalities, historical and contemporary injustices, and the elimination of health and health care disparities." (Healthy People 2020) "Innovative program" means a program that does not fall into the other categories of Evidence-based, Research-based, or Promising. "Media Materials and Publications" means: • News Release:A brief written announcement the agency provides to reporters highlighting key events, research, results, new funding and programs, and other news; Page 8 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 • Paid Media:Any advertising space/time that is purchased for prevention/coalition messages (printed publications/newspapers, online, outdoor, on-screen, TV and radio); • Earned Media: Published news stories (print, broadcast or online) resulting from the Contractor's Agreements with reporters; • Donated Media, including public service announcements.Any free advertising space or time from broadcast, print, outdoor, online, and other advertising vendors; • Social Media: Also referred to as new media: messaged posted online of Facebook, Twitter, YouTube, Instagram, Snapchat and similar sites. "Office of Contracts and Procurement" or"OCP" means the Washington State Health Care Authority central headquarters contracting office, or successor section or office. "OMB" means the Office of Management and Budget of the executive office of the president of the United States. "Overpayment"means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Partnerships for Success" means the Federal Substance Abuse and Mental Health Services Administration (SMHSAA) Grant 2013 and 2018, CFDA number 93.243. "Personal information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. "Physically Secure" means that access is restricted through physical means to authorized individuals only. "Prevention Activity Data"means information input to the"Substance Abuse Disorder Prevention Mental Health Promotion Online Reporting System"or"Minerva" or its successor to record all active prevention services including outcome measures. This information will be used to verify services identified in A-19 invoices prior to payment and must be entered into Minerva by the close of business of the fifteenth (15th) of each month for prevention activities provided during the previous month. "Prevention System Manager" or"PSM" means the designee assigned to manage day to day responsibilities associated with this Contract. "Program Income" means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned.as a result of the Federal award during the period of performance. "Promising Program" means a program that is based on statistical analyses or a well-established theory of change, shows potential for meeting the"evidence-based"or"research-based" criteria, and could include the use of a program that is evidence-based for outcomes other than the alternative use. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. "Protected Health Information" or"PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic Page 9 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:Bi B5D4E5-E1 DD-4257-8CAA-230A52137E629 information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). "Public information" means information that can be released to the public. It does not need protection from unauthorized disclosure, but does need protection from unauthorized change that may mislead the public or embarrass HCA. "RCW" means the revised code of Washington. All references in this contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/. "Regular Annual Schedule" means consistent, reliable services with a pattern of implementation intervals throughout the year. "Regulation" means any federal, state, or local regulation, rule, or ordinance. "Research-Based Program" means a program that has been tested with a single randomized and/or statistically controlled evaluation, demonstrates sustained desirable outcomes; or where the weight of the evidence from a systematic review supports sustained outcomes as identified in the term "evidence-based," but does not meet the full criteria for"evidence-based." "SAMHSA" means the Substance Abuse and Mental Health Services Administration. "Secured Area" means an area to which only authorized representatives of the entity possessing the confidential information have access. Secured areas may include buildings, rooms or locked storage containers (such as a filing cabinet)within a room, as long as access to the confidential information is not available to unauthorized personnel. "Sensitive information" means information that is not specifically protected by law, but should be limited to official use only, and protected against unauthorized access. "State Opioid Response" or"SOR" or SOR II means the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) Grant, CFDA number 93.788. "Statement of Work" or"SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timelines identified in Attachment 1. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor")to perform all or a portion of the duties and obligations that the contractor is obligated to perform pursuant to this contract. "Substance Abuse Block Grant" or"SABG" means Federal Substance Abuse Block Grant funded by the Substance Abuse and Mental Health Services Administration (SAMHSA), CFDA number 93.959. "Substance Use Disorder" or"SUD" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a Substance Use Disorder is based on a pathological pattern of behaviors related to the use of the substances. "Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System" or "Minerva" or its successor means the management information system maintained by HCA that collects planning, demographic, and prevention service data. Page 10 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 "Successor" means any entity which, through amalgamation, consolidation, or other legal succession becomes invested with rights and assumes burdens of the original contractor. "Sub-Recipient" means a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program.A sub-recipient may also be a recipient of other federal awards directly from a federal awarding agency.As in 45 C.F.R. 75.2, or any successor or replacement to such definition,for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition,for any other federal award. See OMB circular a-133 for additional details. "USC" means the United States Code.All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at http://uscode.house._qov/ "Vendor" means a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a federal program. These goods or services may be for an organization's own use or for the use of beneficiaries of the federal program. See OMB circular a-133 for additional details. "WAC" means the Washington administrative code.All references in this contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections.can be accessed at: http://apps.leg.wa.gov/wac/ "Young Adult" means an individual from age eighteen (18)through twenty(20). "Youth" means an individual from age ten (10)through age seventeen (17). 2. Purpose The purpose of this contract is to obtain CPWI Prevention Services in order to increase capacity to implement direct and environmental substance use disorder prevention services in high need communities qualified to immediately implement identified evidence-based practices and programs to prevent and reduce the misuse and abuse of alcohol, tobacco, marijuana, opioids, and/or other drugs. 3. Term The initial term of this Contract will commence on 7/1/2019, and continue through 9/29/2022, unless terminated sooner as provided herein. This Contract may be extended in whatever time increments HCA deems appropriate. Work per prior to full contract execution, signed by the authorized representatives of both parties will be at the sole risk of the Contractor. HCA will not pay any costs incurred before a Contract or subsequent amendment is fully executed. 4. Applicable Law These legal resources identified below are incorporated by reference and include but are not limited to the following: i. 21 CFR Food and Drugs Chapter I, Subchapter C, Drugs: General; ii. 42 CFR Subchapter A-General Provisions, Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records; iii. Omnibus Crime Control and Safe Streets Act of 1968; iv. 45 CFR Public Welfare, Part 96 Block Grants, Subpart L Substance Abuse Block Grant; V. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Award, 2 CFR Part 200, 45 CFR Part 75; Pagel 1 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131135NE5-E1DD-4257-8CAA-230A52B7E629 vi. Fiscal/Program Requirements (formerly part of the BARS document) https://www.hca.wa.gov/billers- providers-partners/prior-authorization-claims-and-billing/provider-billing-guides-and-fee-schedules#t; vii. Title VI of the Civil Rights Act of 1964; viii. Section 504 of the Rehabilitation Act of 1973; - ix. Title II of the Americans with Disabilities Act of 1990; X. Title IX of the Education Amendments of 1972; A. The Age Discrimination Act of 1975; and xii. The Department of Justice Non-Discrimination Regulations at 28 CFR Part 42, Subparts C, D, E and G, and 28 CFR Parts 35 and 39. .5. Performance Standards Contractor is expected to adhere to the following performance standards throughout the duration of this Contract: i. Adherence to all applicable state and federal laws, including but limited to.all legal resources identified in Section 4 of this Contract; ii. Use of professional judgment; iii. Collaboration with HCA staff in Contractor's conduct of services; iv. Conformance with HCA directions regarding the delivery of services; V. Timely, accurate and informed communications; vi. Regular completion and updating of project plans, reports, documentation and communications; vii. Ensure all services and activities provided by the Contractor or subcontractors are designed and delivered in such a manner sensitive to the needs of all diverse populations; viii. Regular, punctual attendance at all meetings-,and ix. Provision of high quality services. 6. Contractor and HCA-Contract Managers Contractor's Contract Manager or designee will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. HCA's Contract Manager.or designee is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding Contract performance and deliverables. The HCA Contract Manager or designee has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. The contact information provided below may be changed by written notice of the change(email acceptable)to the other party. Page 12 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61B5D4E5-E1DD-4257-8CAA-230A52B7E629 CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name: Lydia Buchheit Name: Fallon Baraga 415 N 6th Street 621 8th Avenue SE Address: Address: Olympia,WA 98504 Shelton, WA 98585-3425 Phone: 360-427-967-ext. 404 Phone: 360-764-9389 Email: Lydiab@co.mason.wa.us Email: fallon.baraga@hca.wa.gov 7. Contractor Monitoring HCA will monitor the performance of the Contractor against goals and performance standards as stated in Attachment 1: Statement of Work. Substandard performance as determined by HCA will constitute non- compliance with this Contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by HCA, suspension or termination procedures will be initiated. 7.1.Subreciplent Compliance If the Contractor is a subrecipient(as defined in 2 CFR 200.330) of federal awards, then the Contractor shall: . i. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance(CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; ii. Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; iii. Prepare appropriate financial statements, including a schedule of expenditures of federal awards; iv. Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are sub-recipients; V. Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; vi. Comply with the applicable requirements of OMB Circular A-87 and any future amendments.to OMB Circular A-87, and any successor or replacement Circular or regulation; and vii. Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.gov/ocr/statutes.htm for additional information and access to the aforementioned Federal laws and regulations.) Page 13 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 7.1.1.Single Audit Compliance If the Contractor is a subrecipient and expends$750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: i. Submit to the HCA contact person the data collection form and reporting package specified in OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. ii. Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133 including prepare a"Summary Schedule of Prior Audit Findings." 7.2.Monitoring Activities The Contractor is required to meet or exceed the monitoring activities, as outlined below. Compliance will be monitored throughout the performance period to assess risk. Concern will be addressed through a Corrective Action Plan. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Contract deliverables; iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e- mails and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Contract work plan, budget and Federal requirements; V. Observation and documentation of Contract-related activities, such as trainings and events; vi. On-site visits or desk audits to review records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 7.2.1. Corrective Action Plans HCA may require the Contractor to develop a Corrective Action Plan (CAP),which must be submitted for approval to HCA within fifteen (15) calendar days of notification unless otherwise specified. CAPs may require modification to any policies or procedures by the Contractor relating to fulfillment of its obligations pursuant to this Contract. HCA, at its sole discretion, may extend or reduce the time allowed for corrective action depending upon the nature of the situation. i. CAPs must at a minimum include: a. A brief description of the finding(s), including all relevant information specific to the issue(s); b. Specific actions taken and to be taken by the Contractor, including: a timetable; a description of the monitoring to be performed. ii. CAPs are subject to approval by HCA. HCA may: a. Accept the plan as submitted; b. Accept the plan with specified modifications; c. Request a modified plan; d. Reject the plan. Page 14 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131135NE5-E1DD-4257-8CAA-230A52B7E629 7.2.2. Extension to Deliverables The Contractor must request prior written approval from the HCA Contract Manager to waive or extend a due date identified in Attachment 1: Statement of Work and, once approved, submit those deliverables and the associated costs on the next scheduled.reimbursement due date. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Contract and may increase required monitoring activities: Any request for a waiver.or extension of a due date identified in Attachment 1: Statement of Work will be treated as a request for an Amendment of the Contract. This request must be submitted to the HCA Contract Manager sufficiently in advance of the due date to provide adequate time for HCA to review and consideration and may be granted or denied within HCA's sole discretion. 8. Compensation and Billing 8.1.Consideration and Source of Funds Total consideration payable to the Contractor for satisfactory performance of the work under this Contract is up to a maximum of$594,595, including any and all expenses, in accordance with Attachment 9 Awards and Revenues. Funding for any additional periods past the initial term are contingent on satisfactory completion of all contract requirements and continued state and/or federal.funding. Contractors may be required to submit an updated Action Plan and Budget to HCA in order to receive funding for additional terms. Funding that supports this Contract comes from state and/or federal grant funds, HCA, and the Catalog of Federal Domestic Assistance (CFDA) as listed within the Awards and Revenue.Any state or federal funds obligated under this Contract which are not expended according to the timeline on the Awards and Revenues, may not be used or carried forward to any other Contract or time period. Subrecipients shall only use federal award funds under this Contract to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 8.2. Reimbursements HCA shall reimburse the Contractor only for actual incurred and allowable costs for the services identified in this Contract and in accordance with Attachment 10: Standards for Reimbursable Costs. The Contractor shall not bill and HCA shall not pay for services performed under this contract, if the contractor has charged or will charge another agency of the state of Washington or any other party for the same services. Reimbursement requests will not be approved for payment until the Contractor is current with all reporting requirements contained in this Contract. HCA shall not make any payments in advance or anticipation of the delivery of services to be provided pursuant to this Contract. All work under this Contract must end on or before the funding source end date and the final reimbursement request must be submitted to HCA within forty-five(45) calendar days after the Page 15 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 funding source end date, except as otherwise authorized by either(1)written amendment of this Contract or(2)written notification from the HCA to the Contractor. Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty(60) calendar days after the Contract expiration date or within forty-five(45) calendar days after the funding source end date, whichever comes first, except as otherwise authorized by either(1) written amendment of this Contract or(2)written notification from the HCA to the Contractor. The Contractor must submit invoices for costs due and payable under this contract within ninety(90) days of the date services were provided or within sixty(60) calendar days after the Contract expiration date or within forty-five(45) calendar days after the funding source end date, whichever comes first, except as otherwise authorized by either(1)written amendment of this Contract or(2) written notification from HCA to the Contractor. HCA is under no obligation to pay any claims that are submitted forty-six(46) or more days after the funding source end date, sixty-one(61) or more calendar days after the Contract expiration date, or ninety-one(91) or more calendar days after the date of services were provided ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. Payment shall be considered timely if made by HCA within thirty(30) business days after receipt and acceptance by HCA of the properly completed invoices. Payments shall be sent to the address designated by the Contractor on page one (1) of this Contract. HCA may, at its sole discretion, withhold payment claimed by the Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 8.3. Invoice System The Contractor shall submit invoices using State Form A-19 Invoice Voucher, or such other form as designated by HCA. Consideration for services rendered shall be payable upon receipt of properly completed invoices which shall be submitted via email to:A-19DBHR@hca.wa.gov by the Contractor not more often than monthly unless otherwise specified. Please include the contract number in the subject line of the email, followed by the Prevention System Naming Convention and cc the Contract Manager or designee when submitting the invoice. Contractor may bill for cost reimbursement for month of service if appropriate service data is provided in Minerva. Invoices must describe and document to HCA's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. All fund sources are to be billed for separately as outlined on the A-19 Invoice Voucher. All invoices will be reviewed and must be approved by the Contract Manager or his/her designee prior to payment. HCA shall not be obligated to reimburse the Contractor for any services or activities performed prior to having a fully executed copy of this Contract. The Contractor shall ensure all expenditures for services and activities under the Contract are submitted on the A-19 invoice and have the associated appropriate Minerva data entry. HCA will deny incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https:Hofm.wa.gov/it-systems/statewide-vendorpayee- Page 16 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-El DD4257-8CAA-230A52KE629 services/receiving-payment-state. Payment will be directly deposited in the bank account or sent to the address Contractor designated in its registration. Administrative costs shall be billed separately from direct prevention services as indicated on the A- 19 invoice. i. Administrative costs are defined in the Fiscal/Program Requirements. ii. The Contractor shall use no more than eight percent 8% of each fund source allocation for administrative costs. i. Contractor may bill up to 8% of total costs to admin by fund source as specified on the A&R however the following also applies: 1. Admin costs must be billed in proportion to direct expenses.Admin should be charged using the following formula: Direct costs/(1 -allowed admin rate) _ Total Costs; Total costs-Direct costs=Admin costs. 2. Administrative costs are to be reconciled at the end of each fund source time period to ensure adherence. iii. No SABG funds allocated in this contract shall be used for administrative costs unless otherwise specified on the A&R.Admin for SABG is allocated as GFS unless otherwise specified. HCA reserves the right to reduce the Prevention funds awarded in the Contract if the Contractor expenditures are below 60% of expected levels during each fiscal quarter. Expenditures will be reviewed quarterly. SOR, PFS, DMA, and GFS funds may not be carried forward from year to year, based upon their respective fiscal year. 8.4. Payments for Unallowable Costs and/or Overpayments If it is determined by the HCA, or during the course of a required audit, that the Contractor has been paid unallowable costs under this Contract, HCA may require the Contractor to reimburse the Authority in accordance with OMB Circular A-87. In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor shall refund the full amount to HCA within thirty(30) calendar days of the notice.. 8.5. State and Federal Funding Requirements The Contractor shall comply with the following: i. Comply with all applicable provisions of the Notice of Awards for the SOR and PFS grants, SABG, and any other federal grants noted on the Awards and Revenues; ii. Comply with RCW 69.50.540 Dedicated Marijuana Account Appropriations; iii. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by CFDA title and number, award number and year, name of the federal agency, and name of the pass-through entity; iv. Maintain internal controls that provide reasonable assurance that the Subrecipient is managing federal awards in compliance with laws, regulations, and provisions-of contracts or grant agreements that could have a material effect on each of its federal programs; Page 17 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 V. The Contractor shall ensure that Charitable Choice Requirements of 42 CFR Part 54 are followed and that Faith-Based Organizations (FBO) are provided opportunities to compete with traditional alcohol/drug abuse prevention providers for funding; vi. If the Contractor subcontracts with FBOs, the Contractor shall require the FBO to meet the requirements of 42 CFR Part 54 as follows: a. Applicants/recipients for/of services shall be provided with a choice of prevention providers. b. The FBO shall facilitate a referral to an alternative provider within a reasonable time frame when requested by the recipient of services. C. The FBO shall report to the Contractor all referrals made to alternative providers. d. The FBO shall provide recipients with a notice of their rights. e. The FBO provides recipients with a summary of services that includes any inherently religious activities. Prepare appropriate financial statements, including a schedule of expenditures of federal awards. f. Funds received from the federal block grant must be segregated in a manner consistent with Federal regulations. vii. No funds may be expended for religious activities. 9. Subcontracting Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Contract without obtaining prior written approval of the HCA. In no event shall the existence of the subcontract operate to release or reduce the liability of the contractor to the HCA for any breach in the performance of the Contractor's duties. This clause does not include contracts of employment between the Contractor and personnel assigned to work under this Contract. Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are carried forward to any subcontracts. Contractor and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons Confidential Information without the express written consent of the Authority or as provided by law. The rejection or approval by the Authority of any subcontractor or the termination of a subcontractor shall not relieve the Contractor of any of its responsibilities under this Contract, nor be the basis for additional charges to the Authority. The Authority has no contractual obligations to any subcontractor or vendor under contract to the Contractor. The Contractor is fully responsible for all contractual obligations, financial or otherwise, to their subcontractors. 9.1.Subcontract Language It is the Contractor's sole responsibility to ensure that its subcontractors performing services under this Contract are meeting the requirements below and as otherwise outlined in this Contract when providing services to patients, clients, or persons seeking assistance,which include but are not limited to: i. Subcontractor's identifying information including DUNS number and Zip code+4 of subcontractor H. Applicable definitions Page 18 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 iii. Identification of purpose and term of subcontract iv. Federal and state laws as applicable a. This includes, but not limited to OMB and the audit requirements-OMB 2 CFR, Part 200, Subpart F audit requirements if applicable to the subcontractor V. Subrecipient requirements as applicable vi. Identification of funding sources and associated funding requirements vii. Determination of eligible clients viii. Compensation and billing arrangement in compliance with the terms of this contract and Fiscal/Program requirements (see definitions for more information). ix. Termination and contract closeout language as applicable to include: a. That termination of a subcontract shall not be grounds for a fair hearing for the service applicant or a grievance for the recipient if similar services are immediately available in the County b. What actions the Subrecipient will take in the event of a termination of a subcontractor to ensure all prevention data on services provided have been entered into the Minerva X. How service recipients will be informed of their right to a grievance in the case of: a. Denial or termination of service b. Failure to act upon a request for services with reasonable promptness xi. Statement of work and/or identification of deliverables and plan for monitoring xii. Identification of data entry into Minerva, as applicable xiii. Authorization for.Contractor to conduct an inspection of any and all subcontractor facilities where services are performed including for contract monitoring activities. a. Requirement that subcontractors will perform background checks on its employees and independent contractors used to perform the services AV. FBO requirements if applicable xv. Insurance requirements xvi. Debarment and suspension certification xvii. Protection of confidential Information and restrictions on the providing and sharing of data xviii. Business Associate Agreement in compliance with the requirements of HIPAA xix. Federal compliance, certifications, and assurances as applicable xx. SAMHSA award terms as applicable, and xxi. Identifying unallowable uses of federal funds if applicable 9.2. Subcontract Monitoring 9.2.1. Contracts The Contractor.shall obtain prior approval before entering into any subcontracting arrangement. In addition, the Contractor shall submit to the DBHR Contract Manager identified on page one (1) of this Contract at least one of the following for review within 30 business days of the intended start date of the subcontract: i. Copy of the proposed subcontract; or Page 19 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61B5D4E5-E1DD-4257-8CAA-230A52B7E629 ii. Copy of the Contractor's standard contract template; or iii. Certify in writing that the subcontractor meets all requirements under the Contract and that the subcontract contains all required language under the-Contract, including any data security, confidentiality and/or Business Associate language, as appropriate. 9.2.2. On-Site Monitoring The Contractor shall: i. Conduct a subcontractor review which shall include at least one (1)on-site visit, annually, to each subcontractor site providing services to monitor fiscal and programmatic compliance with subcontract performance criteria for the purpose of documenting that the subcontractors are fulfilling the requirements of the subcontract unless otherwise specified. . ii. Submit written documentation of each on-site visit upon completion to Contract Manager or designee.A copy of the full report shall be kept on file by the Contractor. 9.2.3. Minerva Monitoring The Contractor shall ensure that subcontractors have entered services funded under this Contract in Minerva. i. Ensure accurate and unduplicated reporting. Contractor may not require subcontractor to enter duplicate prevention service data that is entered into Minerva into an additional system. ii. Ensure proper training of-staff and designated back-up staff for Minerva data entry to meet report due dates. 9.2.4. Additional Monitoring Activities The Contractor shall maintain records of additional monitoring activities in the Contractor's subcontractor file and make them available to HCA upon request including any audit and any independent documentation. 9.2.5. Subcontractor Termination Requirements When terminating a subcontract, the Contractor shall withhold the final payment of any subcontract until all required Minerva reporting is complete. This also applies to all subcontractor closures. 10. Remedial Action 10.1. Causes HCA may initiate remedial action if HCA determines any of the following situations exists: i. A problem exists that negatively impacts individuals receiving services under this Contract; ii. The Contractor has failed to perform any of the requirements or services required under this Contract; iii. The Contractor has failed to develop, produce, and/or deliver to HCA any of the statements, reports, data, data corrections, accountings, claims, and/or documentation required under this Contracts; iv. The Contractor has failed to perform any administrative functions required under this Contract, where administrative function is defined as any obligation other than the actual provision of Page 20 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 mental health services; V. The Contractor has failed to implement corrective action required by the state and within HCA prescribed timeframes. 11. Third-Party Beneficiaries Although HCA and Contractor mutually recognize that services under this Contract may be provided by the Contractor to individuals receiving services under the Medicaid program, and chapters 71.05; 71.24, and 71.34 RCW, it is not the intention of either HCA or the Contractor that such individuals, or any other persons, occupy the position of intended third-party beneficiaries of the obligations assumed by either party'to this Contract. 12. Disputes 12.1. Requesting a Dispute Requests must be sent by certified mail of other method providing a signed receipt to the following address: Office of Contracts and Procurements Health Care Authority PO Box 42702 Olympia, Washington 98504-2702 Requests must be received by Contract Services no later than twenty-eight(28) calendar days after this Contract expiration or termination. Requests must identify in writing the spokesperson for the Contractor, if other than the Contractor's signatory. 12.2. Content.of the dispute request: The party requesting a dispute resolution shall submit a statement that: i. Identifies the issue(s) in dispute ii. Identifies the relative positions of the parties iii. Requests resolution through the current HCA process 12.3. Action on the request: HCA shall notify the non-requesting party that the request has been made, notify both parties of the dispute resolution process to be followed, and manage the process to its conclusion. The Contractor shall provide pertinent information as requested by the person assigned to resolve the dispute. Contractor and HCA agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their respective responsibilities under this Contract that are not affected by the dispute Insurance. 13. Insurance The Contractor shall at all times comply with the following insurance requirements. 13.1. General Liability Insurance The Contractor certifies by signing this Contract that either: Page 21 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230AKKE629 i. The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ii. The Contractor maintains the types and amounts of insurance identified below and shall,.if requested by HCA, provide certificates of insurance to that effect to the HCA Contract Manager: a. The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence-$1,000,000; General Aggregate-$2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, Health Care Authority(HCA), and elected and appointed officials, and employees of the state, shall be named as additional insureds. b. Professional Liability(PL) Insurance. The Contractor shall maintain PL Insurance or Errors&Omissions, with the following minimum limits: Each Occurrence- $1,000,000;Aggregate-$2,000,000. 13.2. Worker's Compensation The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and occupational health and safety laws and regulations. The State of Washington and HCA shall not be held responsible for claims filed for Worker's Compensation under Title 51 RCW by the Contractor or its employees under such laws and regulations. 13.3. Employees and Volunteers . Insurance required of the Contractor under the Contract shall include coverage for the acts and omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure that all employees and volunteers who use vehicles to transport clients or deliver services have personal automobile insurance and current driver's licenses. 13.4. Subcontractors The Contractor shall ensure that all subcontractors have and maintain insurance with the same types and limits of coverage as required of the Contractor under this Contract. 13.5. Separation of Insureds All insurance policies shall include coverage for cross liability and contain a"Separation of Insureds" provision. 13.6. Insurers Unless Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable, the Contractor shall obtain insurance from insurance companies identified as an admitted insurer/carrier in the State of Washington, with a Best's Reports' rating of B++, Class VII, or better. Surplus Lines insurance companies will have a rating of A-, Class VII, or better. 13.7. Evidence of Coverage The Contractor, upon request by HCA staff, submits a copy of the Certificate of Insurance or other evidence of self-insurance or insurance through a risk pool, policy, and additional insured endorsement for each coverage required of the Contractor under this Contract. The Certificate of Page 22 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 Insurance shall identify the Washington State Health Care Authority(HCA) as the Certificate Holder. A duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract, shall execute each Certificate of Insurance. The Contractor is not required to submit to the HCA copies.of Certificates of Insurance for personal automobile insurance required of the Contractor's employees and volunteers under the Contract. The Contractor shall maintain copies of Certificates of Insurance for each subcontractor as evidence that each subcontractor maintains insurance as required by the Contract. 13.8. Material Changes The insurer shall give HCA forty-five(45) business days advance written notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the insurer shall give HCA ten (10) business days advance written notice of cancellation. 13.9. General By requiring insurance, the State of Washington and HCA do not represent that the coverage and limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor's liability under the indemnities and reimbursements granted to the State and HCA in this Contract.All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. 14. Notices Whenever one party is required to give notice to the other party under this Contract, it shall.be deemed given if mailed by United States Postal Service, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: i. In the case of notice to the Contractor, notice shall be sent to the point of contact identified on page one (1) of this Contract; ii. In the case of notice to HCA, notice shall be sent to: Office of Contracts and Procurements Washington State Health Care Authority P. O. Box 42702 Olympia,Washington 98504-2702 Taxes, Fees and Licenses. ContractsCa.hca.wa.4ov Said notice shall become effective on the date delivered as evidenced by the return receipt or the date returned to sender for.non-delivery other than for insufficient postage. Either.party may at any time change its address for notification purposes by mailing a notice in accordance with this Section, stating the change and setting forth the new address,which shall be effective on the tenth (10'h) day following the effective date of such notice unless a later day is specified in the notice. 15. Taxes, Fees and Licenses 15.1. . Taxes Where required by state statute or regulation, the Contractor shall pay for and maintain in current status and all taxes that are necessary for performance under this Contract. Unless otherwise indicated, HCA agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. The Contractor shall not charge federal excise taxes and the HCA agrees to furnish the Contractor with an exemption certificate where appropriate. Page 23 of 95 Washington State. CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 In general, Contractors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to the Department of Revenue (DOR). In general, out-of-state Contractors must collect and remit"use tax"to DOR if the activity carried on by the seller in the State of Washington is significantly associated with the Contractor's ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or representative: i. Maintains an in-state office, distribution house, sales house,warehouse, service enterprise, or any other in-state place of business; ii. Maintains an in-state inventory or stock of goods for sale; iii. Regularly solicits orders from purchasers located within the State of Washington via sales representatives entering the State of Washington; iv. Sends other staff into the State of Washington (e.g. product safety engineers, etc.)to interact with purchasers in an attempt to establish or maintain market(s); or V. Other factors identified in Chapter 458-20 WAC. 15.2. Fees/Licenses Contractor shall pay for and maintain in a current status, any license fees, assessments, permit changes, etc., which are necessary for contract performance. If is the Contractor's sole responsibility to monitor and determine any changes of the enactment of any subsequent regulations for said fees, assessments or charges and to immediately comply with said changes or regulations during the entire term of this Contract. 16. Access to Data In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee,the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 17. Amendment This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 18. Antitrust Assignment The Contractor hereby assigns to the State of Washington any and all of its claims for price fixing or overcharges which arise under the antitrust laws of the United States, or the antitrust laws of the State of Washington, relating to the goods, products or services obtained under this Contract. 19. Assignment Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 9: Subcontracting, without the prior written consent of HCA.Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to HCA that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff.Any attempted assignment,transfer or delegation in contravention of this Subsection of the Contract will be null and void. HCA may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty(30) calendar days to Contractor. Page 24 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-KAA-230AUKE629 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 20. Assurances The Authority and the Contractor agree that all activity pursuant to this Contract will be in accordance with all applicable federal, state and local laws, rules, and regulations. 21. Attorney's Fees In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorneys'fees and costs. 22. Billing Limitations The HCA shall pay the Contractor only for authorized services provided in accordance with this Contract. The HCA shall not pay any claims for payment for services submitted more than twelve(12) months after the calendar month in which the services were performed. The authority within the special terms and conditions of this contract may reduce length of time following the provision of services in which the contractor may submit claims for payment. 23. Change in Status In the event of substantive change in the legal status, organization structure, or fiscal reporting responsibility of the Contractor, the Contractor agrees to notify the Office of Contracts and Procurement(OCP) of the change.The Contractor shall provide notice as soon as practicable, but no later than thirty(30) calendar days after such a change takes effect. 24. Compliance with Applicable Law At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 25. Conflict of Interest Notwithstanding any determination by the Executive Ethics Board or other tribunal, the HCA may, in its sole discretion, by written notice to the Contractor terminate this Contract if it is found after due notice and examination by the Agent that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or services under this Contract. In the event this Contract is terminated as provided above, the HCA shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor. The rights and remedies of the HCA provided for in this Section shall not be exclusive and are in addition to any other rights and remedies provided by the law. The existence of facts upon which the Agent makes any determination under this Section shall be an issue and may be reviewed as provided in the"Disputes" Section. of this Contract. 26. Conformance If any provision of this Contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. 27. Contractor Certification Regarding Ethics The Contractor certifies that the Contractor is now, and shall remain, in compliance under Chapter 42.52 RCW, Ethics in Public Service, throughout the term of this Contract. Page 25 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 28. Covenant Against Contingent Fees The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding fora commission, percentage, brokerage or contingent fee, excepting bona fide employees or.bona fide established agents maintained by the Contractor for the purpose of securing business. The HCA shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 29. Debarment Certifications The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the HCA Contact designated on the cover page of this Contract if, during the term of this Contract,the Contractor becomes debarred. HCA may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term of this Contract. 30. Force Majeure If the Contractor is prevented from performing any of its obligations hereunder in whole or in part as a result of a major epidemic, act of God, war, terrorist acts, civil disturbance, court order, or any other cause beyond its control, such nonperformance shall not be grounds for termination for default. Immediately upon the occurrence of any such event, the Contractor shall commence to use its best efforts to provide, directly or indirectly, alternate and, to the extent practicable, comparable performance. Nothing in this Section shall be construed to prevent HCA from terminating this Contract for reasons other than for default during the period of event set forth above, or for default, if such default occurred prior to such event. 31. Fraud and Abuse Requirements The Contractor shall report in writing all verified cases of fraud and abuse, including fraud and abuse by the Contractor's employees and/or subcontractors,within five (5) business days, to the HCA Contact designated on page one of this Contract. The report shall include the following information: i. Subject(s) of complaint by name and either provider/subcontractor type or employee position; ii. Source of complaint by name and provider/subcontractor type or employee position; iii. Nature of compliant; iv. Estimate of the amount of funds involved; and V. Legal and administrative disposition of case. .32. Governing Law and Venue This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 33. Health and Safety Contractor shall perform any and all of its obligations under this Contract in a manner that does not. compromise the health and safety of any HCA client with whom the Contractor has contact. 34. Hold Harmless and Indemnification Page 26 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 i. The Contractor shall be responsible for and shall indemnify, defend, and hold HCA harmless from all claims, loss, liability, damages, or fines arising out of or relating to: a. The Contractor's or any Subcontractor's performance or failure to perform this Contract, or b. The acts or omissions of.the Contractor or any Subcontractor; ii. The Contractor waives its immunity under Title.51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. iii. Nothing in this Section shall be construed as a modification or limitation on the Contractor's obligation to procure insurance in accordance with this Contract or the scope of said insurance. 35. Independent Contractor The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Authority:The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Authority by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. All payments accrued on account of"payroll taxes, unemployment contributions, and other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 36. Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay"premiums or penalties on behalf of its employees, as may be required bylaw, HCA may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. HCA may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by HCA under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 37. Inspection The Contractor shall, at no cost, provide HCA, or any of its officers, or to any other authorized agent or officer of the state of Washington or the federal government, and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and HCA client records,wherever located. These inspection rights are intended to allow HCA and the Office of the State Auditor to monitor,audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six(6)years following this Contract's termination or expiration.. 38. Limitation of Authority Only the Agent or Agent's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver of any Section or condition of this Contract is not effective or binding unless made in writing and signed by the Agent or Agent's delegate. Page 27 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131 B5D4E5-El DD-4257-8CAA-230A52B7E629 39. Maintenance of Records The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices,which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six(6)years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 40. Pay Equity i. Contractor represents and warrants that, as required by Washington state law(Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i)the individuals work for Contractor, (ii)the performance of the job requires comparable skill, effort, and responsibility, and (iii)the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. ii. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or(v) a bona fide regional difference in compensation levels. iii. Bona fide job-related factor(s)"may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. iv. A"bona fide regional difference in compensation level" must be(i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account-for the entire differential. V. Notwithstanding any provision to the contrary, upon,breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty(30) calendar days of HCA's request for such evidence, HCA may suspend or terminate this Contract. 41. Publicity The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and must not be so construed by Contractor in any advertising or other publicity materials. Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. Page 28 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 42. Records and Documents Review i. The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract.At no additional cost;these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA,the Office of the State Auditor, and state and federal officials so authorized.by law, rule, regulation, or agreement[See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42.CFR 431, Subpart Q; and 42 CFR 447.202]. ii. The Contractor must retain such records for a period of six(6)years after the date of final payment under this Contract. iii. If any litigation, claim or audit is started before the expiration of the six(6) year period, the records must. be retained until all litigation, claims, or audit findings involving the records have been resolved. 43. Registration with the State of Washington The Contractor shall be responsible for registering with Washington State agencies, including but not limited to,the Washington State Department of Revenue,the Washington Secretary of State's Corporations Division, and the Washington State Office of Financial Management, Division of Information Services'.Statewide Vendors program. 44. Remedies Non-Exclusive The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 45. Rights in Data/Ownership HCA and Contractor agree that all data and work products (collectively"Work Product") produced pursuant to this Contract will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will, be owned by HCA. Contractor is hereby commissioned to create the Work Product.Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to. copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work for hire under applicable law, but was otherwise produced pursuant to this Contract, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of HCA. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any'portion thereof, in any form,to any third party. Page 29 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:61 135NE5-E1 DD-4257-8CAA-230A52137E629 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish,translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 46. Severability If any term or condition of this Contract is held invalid by any court, the remainder of this Contract remains valid and in full force and effect. 47. Site Security While on HCA premises, Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. HCA reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 48, Survivability The terms and conditions contained in this Contract which, by their sense and context, are intended to survive the expiration or termination of this particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 49. System Security Unless otherwise provided, the Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the Authority Network without prior written authorization from Authority's Security Administrator. Contractor-supplied computer equipment, including both hardware and software, must be reviewed by the Authority's Security Administrator prior to being connected to any Authority network connection and that it must have up-to-date anti-virus software and personal firewall software installed and activated on it. Unauthorized access to Authority networks and systems is a violation of Authority Policy 06-03 and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110.Violation of any of these laws or policies could result in termination of this Contract and other penalties. 50. Termination for Convenience Except as otherwise provided in this Contract, the Agent, or designee, may, by giving thirty(30) calendar days written notice, beginning on the second day after the mailing, terminate this Contract in whole or in part when Page 30 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 it is in the best interest of the Authority. If this Contract is so terminated, the Authority shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. 51. Termination for Default In the event the Authority determines the Contractor has failed to comply with the terms and conditions of this Contract, the Authority has the right to suspend or terminate this Contract.The Authority shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within ten (10) business days, this Contract may be terminated. The Authority reserves the right to suspend all or part of this Contract,withhold further payments,-or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the Authority to terminate this Contract. In the event of termination, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. The termination shall be deemed a"Termination for Convenience" if it is determined that the Contractor: i. Was not in default, or ii. Failure to perform was outside of his or her control, fault or negligence. 52. Termination Due to Change in Funding HCA's ability to make payments is contingent on funding availability. In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Contract, HCA, at its sole discretion, and with fifteen (15) Calendar Days' notice, may elect to terminate the Contract, in whole or part, or to renegotiate the Contract subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options 53. Termination or Expiration Procedures The following terms and conditions apply upon Contract termination or expiration: i. The Authority, in addition to any other rights provided in this Contract, may require the Contractor to deliver to the Authority any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. ii. The Authority shall pay to the Contractor the agreed upon price, if separately stated, for completed work and service accepted by the Authority's program staff and the amount agreed upon by the Contractor and the Authority for: a. Completed work and services for which no separate price is stated; b. Partially completed work and services; C. Other property or services which are accepted by the Authority's program staff; and d. The protection and preservation of property unless the termination is for default, in which case the Agent or designee shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes" Section of the Contract. The Page 31 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 Authority may withhold from any amounts due the Contractor such sum as the Agent or designee determines to be necessary to protect the Authority against potential loss or liability. iii.. The rights and remedies of the Authority provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. iv. After receipt of notice of termination, and except as otherwise directed by the Agent or designee, the Contractor shall: a. Stop work under this Contract on the date, and to the extent specified in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under this Contract that is not terminated; C. Assign to the Authority, in the manner, at the times, and to the extent directed by the Agent or designee, all the rights, title, and interest of the Contractor under the orders and subcontracts so terminated; in which case the Authority has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Agent or designee to the extent the Agent or designee may require, which approval or ratification shall be final for all the purposes of this Section; e. Transfer title to the Authority and deliver in the manner, at the times, and to the extent directed by the Agent or designee any property which, if this Contract has been completed, would have been required to be furnished to the Authority; f. Complete performance of such part of the work as shall not have been terminated by the Agent or designee; and g. Take such action as may be necessary, or as the Agent or designee may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which the Authority has or may acquire an interest. 53.1. Contract Closeout Upon termination or lapse of this Contract in whole or in part for any reason including completion of the project, the following provisions may apply: i. Upon written request by the Contractor, HCA may make or arrange for payments to the Contractor of allowable reimbursable costs not covered by previous payments. ii. Disposition of program assets (including the return and/or transfer of all unused materials, equipment, unspent cash advances, and program income balances)to include creating an inventory list of all property purchased or furnished by HCA for use by the Contractor during performance of this Contract. iii. The Contractor shall submit within thirty(30) calendar days after the date of expiration of this Contract, all financial, performance and other reports required by this Contract, and in addition, will cooperate in a program audit by HCA or its designee as requested; and iv. Closeout of funds will not occur unless all requirements of the Contract's associated state and federal funds are met and all outstanding issues with the Contractor have been resolved to the satisfaction of HCA. The Contractor's obligation to HCA shall not end until all closeout requirements are completed. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that Page 32 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 the Contractor has control of the Contract's associated state and federal funds, including program income. 54. .Treatment of Property All property purchased or furnished by HCA for use by the Contractor during this Contract term shall remain with HCA or transferred by request of HCA. Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by HCA under this Contract shall pass to and vest in HCA upon termination or lapse or this Contract unless otherwise specified by HCA. The Contractor shall protect, maintain, and insure all HCA property in its possession against loss or damage and shall return HCA property to HCA upon Contract termination or expiration unless otherwise specified by HCA. 55. Waiver Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default.Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the HCA Contracts Administrator or designee has the authority to waive any term or condition of this Contract on behalf of HCA. 56. Order of Precedence i. The federal statute authorizing the grant program and any other federal statutes directly affecting performance of the award including the Federal Funding Accountability and Transparency Act(FFATA), as applicable) ii. Program regulations iii. National policy requirements iv. Administrative regulations, cost principles and audit requirements, i.e. agency implementation of the 2 Code of Federal Regulations (CFR)200 V. Applicable state laws not in conflict with any applicable federal laws vi. This Contract Page 33 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 ATTACHMENT 1 -Statement of Work The Contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below. Prevention programs and services include, but are not limited to: 1. Coordination of Prevention Services. The Contractor shall ensure: i. The provision of CPWI services in accordance with the CPWI Community Coalition Guide located on the Athena Forum website https://www.theathenaforum.org/cpwi-community-coalition-guide which outlines the minimal standards to participate in the CPWI. Contractor shall plan to reach the ideal benchmarks related to the community coalition's efforts and staffing to include: a. Hire or identify a minimum of one part-time(0.5 FTE) staff member to serve as the qualified Community Coalition Coordinator upon contract execution. Full-time employment(1.0 FTE)for the Community Coalition Coordinator is allowable and strongly recommended in order to meet the scope of the project. I. Ensure Community Coalition Coordinator(s) meet required position qualifications and workstation requirements found in the CPWI Community Coalition Guide. II. Confirm an office space in the designated community for the Community Coalition Coordinator. III. Contractor shall submit.a completed Community Coalition Coordinator Qualification Checklist to Contract Manager or designee for review. HCA shall review and respond within five(5) business days. b. Ensure Community Coalition Coordinators are Certified Prevention Professionals (CPP). I. Ensure currently certified Community Coalition Coordinator(s) maintain CPP credential status, and II. Ensure Certified Prevention Professional (CPP) certification within eighteen (18) months of new Community Coalition Coordinator start date. III. HCA reserves the right to require Contractor to develop a Community Coalition Coordinator training plan if candidate does not meet required qualifications. ii. Contractor contact on page one of this Contract and primary fiscal staff or their designee(s) shall attend an annual contractor training or meeting that will be scheduled for four(4) hours in duration. Date and location will be announced by DBHR at least thirty(30) business days prior to the training. iii. Contractor shall ensure that a regular annual schedule of direct prevention services for public dissemination is established. a. Regular annual schedule shall take into account items including, but not limited to: implementation times that maximize participation and service outcomes; local needs and gaps; leveraged resources; and, other locally identified factors that influence service delivery throughout the year. b. Regular annual schedule and community dissemination plan shall be identified as part of the CPWI Action Plan and Budget Update and submitted to Contract Manager or designee for HCA review annually in accordance with the timeline in the CPWI Community Coalition Guide. I. Submit an annual Action Plan and Budget with projected expenditures, including salary and benefits for HCA funded prevention staff, program costs, training and travel to the Page 34 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-23OA52B7E629 Contract Manager or designee, according to the CPWI Community Coalition Guide or within thirty(30) business days upon request.A template will be provided at least thirty (30) business days prior to due date, unless otherwise specified. For Cohorts 1 —4 an updated Action Plan and Budget is.due by June 15, 2020 and June 15, 2021. For Cohort 5 and 6, an updated Action Plan and Budget are due August 1, 2020 and August 15, 2021, 2022, and 2023 unless otherwise specified. II. Budget adjustments that are ten percent (10%) or more of the total of the approved Contractor and/or CPWI coalition budget shall submit a budget revision for approval to Contract Manager or designee at least fifteen (15) business days prior to expending adjusted budget items.Approval must be granted prior to expending funds. III. Enter approved programs, based on the priorities, goals and objectives described in the approved Strategic Plan, into the Minerva within thirty(30) business days of Action Plan approval or as directed by PSM. IV. Ensure sixty percent(60%) of programs supported by HCA funds will be replications or approved adaptations of"Evidence-based Practice"substance abuse prevention programs as identified in the list provided by DBHR. Ensure that all of the programs supported by HCA meet the Center for Substance Abuse Prevention's (CSAP) Principles of Substance Abuse Prevention, found on the Athena Forum Website: www.TheAthenaForum.org/CSAPprinciples. 1. For cohorts who receive DMA funds, and for cohorts 5 and 6, use the associated EBP list at https://www.theathenaforum.org/cpwi-cohort-6-program-and- strategies-guidance for further directives on supported programs by fund source. 2. For cohorts 5 and 6, coalitions are also required to implement the Starts with One opioid prevention campaign and participate in the National Drug Take Back Days in October and April, according to the Drug Enforcement Agency(DEA) guidelines, recommendations, and regulations. https://www.deadiversion.usdoi..gov/druq disposal/takeback/poc.htm. V. Food costs are generally unallowable during program implementation except within the following parameters: 1. Light refreshment costs for training events and meetings lasting longer than two (2) hours in duration are allowable. 2. Ensure that light refreshment costs do not exceed $3.00 per person. 3. Meals may be provided for participants using SABG and DMA funds only if: a. The training is four(4) hours or more in duration; or b. The program is a recurring, direct service in the family domain, lasting two (2) hours or more in duration and must be approved in the strategic plan. 4. Meals are not allowable costs with either the PFS or SOR funds. 5. Contractor shall adhere to current state per-diem rates for meals accessible at www.ofm.wa.gov/policy/i 0.90.htm. 6. No more than a total of$1,000 may be spent on food or light refreshments per CPWI Coalition per year. Page 35 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:1311351D4E5-E1DD-4257-8CAA-230A52B7E629 VI. Dedicated Marijuana Account Funds (DMA) shall be used for program and strategy training and implementation. 1. All programs planned and implemented with DMA shall be programs selected from the current DBHR provided youth marijuana use prevention and reduction program list located at https://www.theathenaforum.org/EBP. a. No less than eighty-five percent(85%) of DMA funds shall be expended on evidence-based or research-based programs on the identified program list. i. At the end of each SFY, Contractor must ensure this requirement is met. b. Up to fifteen percent(15%) of DMA funds may expended on Promising programs on the identified program list. i. At the end of each SFY, Contractor must ensure this requirement is met. VII. Contractor is encouraged to collaborate and partner with community-based organizations that operate within or serve the CPWI community. VIII. If funding permits the Contractor to provide Community Based Coordination services in addition to meeting CPWI requirements, (i.e., Counties with communities that each have at least$130,000 per community of DBHR funding budgeted for CPWI implementation, annually) services may be provided at the County or regional level. Services shall reflect work of the Contractor staff coordinating, organizing, building capacity, and providing education and information related to prevention initiatives at the County level with a goal to expand CPWI communities. 1. If applicable to Contractor, develop plan for services listed above and submit to Contract Manager or designee for review and approval within sixty(60) business days of expected implementation. 2. Prevention Training i. The Contractor shall participate in all required training events identified by HCA and listed in the CPWI Community Coalition Guide. ii. Non-Required Training in CPWI a. In the absence of trainings identified in the approved strategic plan, all additional (non- required)training paid for by HCA shall be approved by Contract Manager or designee prior to training and meet the approved goals and objectives in approved Strategic Plan. b. The Contractor shall ensure any requests for training in addition to the approved training in the Strategic plan are requested in writing and sent directly to the Contract Manager or designee, a minimum of ten (10) business days before the date of the proposed training. Trainings shall relate to one (1) of the following four(4) categories: I. Coalition building and community organization. II. Capacity building regarding prevention theory and practice. Page 36 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:61 B5D4E5-El DD-4257-8CAA-230A52137E629 III. Capacity building for Evidence-based Practice and environmental strategy implementation, related to the goals and objectives of the coalition's approved strategic plan. IV. Capacity building in non-CPWI communities to expand CPWI efforts and meets overall goals and objectives of CPWI may be approved by Contract Manager or designee upon request. c. The Contractor shall ensure training paid for by HCA that requires travel follows state travel reimbursement guidelines and rates accessible at www.ofm.wa.-gov/policy/10.90.htm. d. The Contractor shall bill for training events on an A-19 per billing code according to the Program/Fiscal Requirements and record training events in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting Systems or Minerva in accordance with the monthly reporting requirements described in Section 3 c., Prevention Report Schedule/Due Dates. 3. Media Materials i. HCA must be cited as the funding source in news releases, publications, and advertising messages created with or about HCA funding. The funding source shall be cited as: Washington State Health Care Authority. The HCA logo may also be used in place of the above citation. ii. Media materials and publications developed with HCA funds, including messaging specifically directed to youth, shall be submitted to the Contract Manager or designee for approval prior to publication (HCA will respond within five(5) business days). a. Exceptions: The Contractor does not need to submit the following items to Contract Manager or designee: i. Newsletters and fact sheets. ii. News coverage resulting from interviews with reporters. This includes online news coverage. iii. Newspaper editorials or letters to the editor. iv. Posts on Facebook,YouTube, Tumblr, Twitter, Instagram, Snapchat and other social media sites. v. When a statewide media message is developed by HCA, is localized, and if the only change is the local coalition information and funding source acknowledgment from coalition or public health entities. vi. When a national prevention media campaign is developed by SAMHSA, is localized, and if the only change is the local coalition information and funding source acknowledgement from coalition or public health entities. 4. Secure Prescription Take-Back and Lock Box project. Contractors who implement a Secure Prescription Take-Back and/or Lock Box project must ensure the following additional requirements: i. The Secure Prescription Take=Back and/or Lock Box project must align with the community needs assessment and will increase local capacity to address prescription drug misuse and abuse by reducing social availability of prescriptions in the community. Page 37 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52137E629 ii. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the Secure Prescription Take-Back and/or Lock Box project as set forth below: a. Enhance community capacity to practice safe disposal of medications by promoting permanent secure drop box in the location where community readiness has been established. (Installation and disposal must follow all DEA rules and all federal and state laws and regulations). b. Collaborate with community partners to maintain and/or enhance policies and procedures necessary to maintain a permanent secure medicine take-back drop box. c. Overtime wages for law enforcement officers and staff as outlined in strategic plan and outside of normal duties and other real costs (including mileage reimbursement) associated with transporting and properly disposing of collected medicines at EPA approved locations may be permitted depending upon source of funds and must be approved by the Contract Manager in advance. d. Create, utilize and disseminate public education information materials to increase awareness of the secure medicine take-back project, local treatment resources, naloxone information and medical response (Good Samaritan law) cards. e. Disseminate public information including information on local treatment resources, naloxone information and medical response cards and posters. (Print ready materials are available online at www.stopoverdose.org). f. Utilize publications already available through HCA/DBHR and other websites. (i.e., SAMHSA Opioid Overdose Toolkit, and download able/p ri ntab le materials on www.stopoverdose.org and www.takebackyourmeds.org. g. Submit locally-developed educational and informational materials to HCA/DBHR for approval at least ten (10) business days prior to publication. h. Prior to purchasing home medication lock boxes or bags the Contractor will submit to HCA/DBHR in writing a plan for the purchase and distribution of home medication storage device including the cost and source of the home storage devices, the number of devices to be purchased, a clear plan for distribution, and method for tracking the use of the devices. The Contractor must also demonstrate how the distributed home medication devices will be altered (by engraving, indelible ink, or other means)to have no cash value. i. Contractor is required to maintain records of pre and post surveys for lock box distribution and record in Minerva upon request from HCA/DBHR. 5. Reporting Requirements. i. Prevention Reporting Requirements The Contractor shall report on all requirements as identified in the HCA Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System or Minerva. HCA reserves the right to add reporting requirements based on requirements of grants. ii. Prevention Activity Data Reports The Contractor shall: a. Ensure that monthly prevention activities are reported in the HCA Minerva in accordance with the requirements and timelines set forth. Page 38 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230AKKE629 b. Ensure accurate and unduplicated reporting. c. Ensure proper training of staff and designated staff for back-up Minerva data entry to meet report due dates. d. If special circumstances arise and Contractor is unable to enter the data by the reporting deadline(s), the Contractor shall ensure any requests for extensions to reporting deadlines are requested in writing and sent directly to the PSM via email five(5) business days before the report due date. e. The maximum extension request permitted is ten (10) business days. f. Monthly invoices submitted with active data entry extensions will be denied and may be re- submitted by Contractor once data for the month(s) in question is complete. g. Contractors with three(3) or more consecutive months of data entry extensions or late reporting or four(4) or more program data entry extensions or late reporting within a six(6) month period shall be required to submit a Corrective Action Plan to HCA. I. Extensions granted due to Minerva technical issues will be excluded from this count. h. Ensure all required demographic information is provided for individual participant; population reach; aggregate; environmental and mentoring or 1-to-1 services in Minerva. i. Report Community Coalition Coordination Staff Hours in Minerva for each month of the calendar year. j. Complete prevention reporting, according to the Schedule/Due Dates below: Reporting Period Report(s) Report Due Dates Reporting System Enter programs listed on Within 30 business Annually approved Strategic Action Plan days of Strategic Minerva by HCA into Minerva. Action Plan approval As requested GPRA Measures. As requested Minerva Prevention activity data input for all active services including Monthly community coalition coordination 15th of each month for staff hours and efforts, services, activities from the Minerva participant information, training, previous month evaluation tools and assessments. Quarterly CPWI Quarterly Reporting. October 15, January Minerva 15, April 15, July 15 As requested As required by SAMHSA. As requested Minerva or as required iii. Outcome Measures a. The Contractor shall report on all required evaluation tools identified in Minerva that measure primary program objective. Page 39 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A52B7E629 I. Pre/Post test are required for all recurring direct service programs. H. The Coalition Assessment Tool is required to be completed by coalition members. III. Specific surveys for Information Dissemination or Environmental strategies/programs based on specific program to be determined and approved in Action Plan. b. Special situations and exceptions regarding evaluation tools identified in the Minerva include, but are not limited to, the following: I. The Contractor may negotiate with the Contract Manager or designee to reduce multiple administrations of surveys to individual participants. II. Participants in recurring program groups in which the majority of participants are younger than ten (10) years old on the date of that group's first service. iv. Performance Work Statement/Evaluation. a. The Contractor shall ensure program results show positive outcomes for at least half of the participants in each program group as determined by Activity Log with individual participant sessions. I. "Positive outcomes"means that at least half of the participants in a group report positive improvement or maintenance as determined by the program measurable objective between pre and post-tests. II. Positive outcomes will be determined using the pre-test and post-test data reported in Minerva. III. Evaluation of Minerva data will occur on the 15th of the.month following the final date of service for each group. b. HCA shall use the following protocol for evaluation: I. Matched pre-test and post-test pairs will be used in the analysis. II. To allow for normal attendance drop-off, a 20% leeway will be given for missing post- tests. III. If there are missing post-tests for entered pre-tests in excess of 20% of pre-tests, missing post-test will be counted as a negative outcome. Example: there are ten (10) pre-tests and seven (7) post-tests. The denominator would be eight (8) and the maximum numerator would be seven (7). c. Different groups, as determined by Activity Logs, receiving the same program will be clustered by school district. I. In cases where multiple providers are serving the same school district, groups will be clustered by school district and provider. II. The results of one(1) provider in a given school district will not impact another provider in the same district. 1. In cases where the survey instrument selected for a given program includes more than one scale, the scale that is most closely aligned with the measurable objective linked to the program in Minerva will be used. Page 40 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 2. Results for groups, as determined by Activity Logs, with services that span two (2) contracting periods will be analyzed in the contracting period that the post-test was administered. III. If fewer than half of the participants in a group,.as determined by Activity Log, within a given school district, report positive change in the intended outcome: 1. The Contractor shall submit a Performance Improvement Plan (PIP)for the non-compliant program to the Contract Manager or designee or designee within forty-five(45) calendar days of notice by HCA. 2. Reimbursement for the CSAP Category row on the A-19 for that program will be held until the PIP is approved by the Contractor Manager or designee or their designee. 3. If a second group, as determined by Activity Log;within that same school district has fewer than half of the participants report positive change in the intended outcome, then the following steps will be taken: a. In cases where there is no active non-compliant program, the Contractor shall discontinue implementation of that program within the specified geography. b. In cases where the same programs as the non-compliant program are active and continuing in the same school district, those groups, as determined,by Activity Logs, will be allowed to complete the expected number of sessions. No new groups,.as determined by Activity Logs, will be started. c. Following the conclusion of all groups, as determined by Activity Logs, completing the program, results will be reviewed for those groups. d. If the results do not show positive change for each groups, as determined by Activity Logs, the Contractor shall take the following action: i. In cases where the program is being delivered by a single provider in the specified geography, the Contractor shall discontinue implementation of that program in the specified geography. ii. In cases where the program is being delivered by multiple providers in the specified geography, the Contractor shall discontinue implementation of that program by the underperforming provider in the specified geography. IV. A program that resulted in the need for a Performance Improvement Plan and Plan during this contract period will not carry that record forward into the July 1, 2021 - June 30, 2023 contract period. Implement and monitor prevention programs and reporting to assure compliance with these guidelines. Page 41 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 6. Requirements i. Background Checks. a. The Contactor shall ensure a criminal background check is conducted for all staff members, case managers, outreach staff members, etc. or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental disabilities. b. When providing services to youth, the Contractor shall ensure that requirements of WAC 388- 06-0170 are met. ii. Services and Activities to Racial/Ethnic Minorities and Diverse Populations. The Contractor shall: a. Ensure all services and activities provided by the Contractor or subcontractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all diverse populations. b. Initiate actions to ensure or improve access, retention, and cultural relevance of prevention or other appropriate services, for racial/ethnic minorities and other diverse populations in need of prevention services as identified in their needs assessment. c. Take the initiative to strengthen working relationships with other agencies serving these populations. The Contractor shall require its subcontractors to adhere to these requirements. iii. Continuing Education. Ensure that continuing education is provided for employees of any entity providing prevention activities in accordance with42 USC 300x-28(b) and 45 CFR 96.132(b). iv. Single Source Funding. a. The Contractor shall ensure all subcontractors that Single Source Funding means that a subcontractor can use only one source of funds at any given time. b. Each cost reimbursement Prevention service provided must be billed only one(1)time through the source selected for funding this expense.At no time may the same expense be billed through more than one(1)funding source. Page 42 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 1: Statement of Work DocuSign Envelope ID:131 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 ATTACHMENT 2 -Confidential Information Security Requirements 1. Definitions In addition to the definitions set out in Section 2: Definitions of this Contract K3929,Amendment 2 for CPWI Prevention Services, the definitions below apply to this Attachment. i. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. a. Passwords for external authentication must be a minimum of 10 characters long. b. Passwords for internal authentication must be a minimum of 8 characters long. c. Passwords used for system service or service accounts must be a minimum of 20 characters long. ii. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media(e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). iii. "Portable/Removable Devices"means any small computing device that can be transported, including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. iv. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet)within a room, as long as access to the Confidential Information is not available to unauthorized_personnel. V. "Transmitting" means the transferring of data electronically, such as via email, SFTP,web services, AWS Snowball, etc. vi. "Trusted System(s)"means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service("USPS")first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the Washington State Campus mail system. For electronic transmission,the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. vii. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting i. When transmitting HCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. Page 43 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:131B5D4E5-E1DD-4257-8CAA-230A52B7E629 ii. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: i. Data at Rest: a. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data.Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. b. Data stored on Portable/Removable Media or Devices: 1. Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. 2. HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Data Share Agreement. If so authorized, the Receiving Party must protect the Data by: i. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; ii. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; iii. Keeping devices in locked storage when not in use; iv. Using check-in/check-out procedures when devices are shared; V. Maintain an inventory of devices; and vi. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. ii. Paper documents.Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel.When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4. Confidential Information Segregation HCA Confidential Information received under this Contract must be segregated or otherwise distinguishable from non-HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. Page 44 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A52B7E629 The HCA Confidential Information must be kept in one of the following ways: a. on media(e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or b. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or c. in a database that will contain only HCA Data; or d. within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or e. when stored as physical paper documents, physically segregated from non-HCA Data in a drawer, folder, or other container. ii. When it is not feasible or practical to segregate HCA Confidential Information from non-HCA data, then both the HCA Confidential Information and the non-HCA data with which.it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors If HCA Confidential Information.provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html). i. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 4: Confidential Information Segregation, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. Page 45 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 2—Confidential Information Security Requirements DocuSign Envelope ID:B1 B5D4E5-El DID-4257-8CAA-230A52B7E629 ATTACHMENT 3-BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT is made between Mason County Public Health (Business Associate) and the Washington State Health Care Authority(HCA). This agreement does not expire or automatically terminate except as stated in Section 5. This Agreement relates to K3929,Amendment 2 between the Business Associate and HCA unless otherwise agreed. Business Associate is or may be a"Business Associate" of HCA as defined in the HIPAA Rules. If there is a conflict between the provisions of this Agreement and provisions of other contracts, this Agreement controls; otherwise,the provisions in this Agreement do not replace any provisions of any other contracts. If the other Contract is terminated, this Agreement nonetheless continues in effect. This Business Associate Agreement supersedes any existing Business Associate Agreement the Business Associate may have with HCA. It also supersedes any"business associate" section in an underlying Contract. 1. DEFINITIONS Access attempts -Information systems are the frequent target of probes, scans, "pings," and other activities that may or may not indicate threats, whose sources may be difficult or impossible to identify, and whose motives are unknown, and which do not result in access or risk to any information system or PHI. Those activities are"access attempts." Day-means business days observed by Washington State government unless otherwise specified. Catch-all definitions -The following terms used in this Agreement have the same meaning as those terms in the HIPAA Rules: Breach, Business Associate, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Secretary, Security Incident, Unsecured Protected Health Information (PHI), and Use. Clients or Individuals-"Clients"or"individuals"are people who have health or other coverage or benefits from or through HCA. They include Medicaid clients, Public Employees Benefits Board subscribers and enrollees, and others.. Contract or Underlying Contract-"Contract" or"underlying contract" means all agreements between Business Associate and HCA under which Business Associate is a"business associate" as defined in the Security or Privacy Rules. The terms apply whether there is one such agreement or more than one, and if there is more than one the terms include them all even though a singular form is used except as otherwise specified. The terms include agreements now in effect and agreements that become effective after the effective date of this Agreement. Effective Date-"Effective Date" means the date of the signature with the latest date affixed to the Agreement. HIPAA Rules; Security, Breach Notification, and Privacy Rules-"HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, as now in effect and as modified from time to time. In part 164 of title 45 CFR, the"Security Rule" is subpart C (beginning with §164.302), the"Breach Notification Rule" is subpart D (beginning with § 164.400), and the"Privacy Rule" is subpart E (beginning with § 164.500). Page 46 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1 B5D4E5-El DD-4257-8CAA-230A52B7E629 Protected Health Information or PHI -"Protected Health Information" has the same meaning as in the HIPAA Rules except that in this Agreement the term includes only information created by Business Associate or any of its contractors, or received from or on behalf of HCA, and relating to Clients. "PHI" means Protected Health Information. 2. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE i. Limits Business Associate will not use or disclose PHI other than as permitted or required by the Contract or this Agreement or as required by law. Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI on behalf of, or as necessary for purposes of the underlying contract, if such use or disclosure of PHI would not violate the Privacy Rule if done by a Covered Entity and is the minimum necessary. !I. Safeguards Business Associate will use appropriate safeguards, and will comply with the Security Rule with respect to electronic PHI,to prevent use or disclosure of PHI other than as provided for by the Contract or this Agreement. Business Associate will store and transfer PHI in encrypted form. iii. Reporting Security Incidents Business Associate will report security incidents that materially interfere with an information system used in connection with PHI. Business Associate will report those security incidents to HCA within five (5) days of their discovery by Business Associate. If such an incident is also a Breach or may be a Breach, subsection 3 applies instead of this provision. Access Attempts shall be recorded in Business Associate's system logs.Access Attempts are not categorically considered unauthorized Use or Disclosure, but Access Attempts do fall under the definition of Security Incident and Business Associate is required to report them to HCA. Since Business Associate's reporting and HCA's review of all records of Access Attempts would be materially burdensome to both parties without necessarily reducing risks to information systems or PHI, the parties agree that Business Associate will review logs and other records of Access Attempts,will investigate events where it is not clear whether or not an apparent Access Attempt was successful, and determine whether an Access Attempt: a. Was in fact a"successful" unauthorized Access to, or unauthorized Use, Disclosure, modification, or destruction of PHI subject to this Agreement, or b. Resulted in material interference with Business Associate's information system used with respect to PHI subject to this Agreement, or c. Caused an unauthorized Use or Disclosure. Subject to Business Associate's performance as described herein. This provision shall serve as Business Associate's notice to HCA that Access Attempts will occur and are anticipated to continue occurring with respect to Business Associate's information systems. HCA acknowledges this notification, and Business Associate is not required to provide further notification of Access Attempts unless they are successful as Page 47 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-230A52B7E629 described in this Section 2 in which case Business Associate will report them in accordance with this Section 2. 3. BREACH NOTIFICATION "Breach" is defined in the Breach Notification Rule. The time when a Breach is considered to have been discovered is explained in that Rule. HCA, or its designee, is responsible for determining whether an unauthorized Use or Disclosure constitutes a Breach under the Breach Notification Rule, RCW 42.56.590 or RCW 19.255.010, or other law or rule, and for any notification under the Breach Notification Rule, RCW 42.56.590 or RCW 19.255.010, or other law or rule. Business Associate will notify HCA of any unauthorized use or disclosure and any other possible Breach within five(5) business days of discovery. If Business Associate does not have full details at that time, it will report what information it has, and provide full details within fifteen business (15)days after discovery. The initial report may be oral. Business Associate will give a written report to HCA, however, as soon as possible. To the extent possible, these reports must include the following: i. The identification of each individual whose PHI has been or may have been accessed, acquired, or disclosed; ii. The nature of the unauthorized Use or Disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery; iii. A description of the types of PHI involved; iv. The investigative and remedial actions the Business Associate or its subcontractor took or will take to prevent and mitigate harmful effects, and protect against recurrence; V. Any details necessary for a determination of the potential harm to Individuals whose PHI is believed to have been Used or Disclosed and the steps such Individuals should take to protect themselves; and vi. Such other information as HCA may reasonably request. If Business Associate determines that it has or may have an independent notification obligation under any state breach notification laws, Business Associate will promptly notify HCA. In any event, Business Associate will notify HCA of its intent to give any notification under a state breach notification law no fewer than ten (10) business days before giving such notification. If Business Associate or any subcontractor or agent of Business Associate actually makes or causes, or fails to prevent, a use or disclosure constituting a Breach within the meaning of the Breach Notification Rule, and if notification of that use or disclosure must(in the judgment of HCA) be made under the Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then: i. HCA may choose to make any notifications to the individuals,to the Secretary, and to the media, or direct Business Associate to make them or any of them. ii. In any case, Business Associate will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect clients (such as paying for regular credit watches in some cases), and Page 48 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1B5D4E5-E1DD-4257-8CAA-234A52B7E629 iii. Business Associate will compensate HCA clients for harms caused to them by the Breach or possible Breach described above. Business Associate's obligations regarding breach notification survive the termination of this Agreement and continue for as long as Business Associate maintains the PHI and for any breach or possible breach at any time. 4. Subcontractors Business Associate will ensure that any subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to protective restrictions, conditions, and requirements at least as strict as those that apply to the Business Associate with respect to that information. Upon request by HCA, Business Associate will identify to HCA all its subcontractors and provide copies of its agreements (including business associate agreements or contracts)with them. The fact that Business Associate subcontracted or otherwise delegated any responsibility to a subcontractor or anyone else does not relieve Business Associate of its responsibilities. 5. Access Business Associate will make available PHI in a designated record set to the HCA as necessary to satisfy HCA's obligations under 45 CFR§ 164.524. Business Associate will give the information to HCA within five (5) business days of the request from the individual or HCA, whichever is earlier. If HCA requests, Business Associate will make that information available directly to the individual. If Business Associate receives a request for access directly from the individual, Business Associate will inform HCA of the request within three(3) business days, and if requested by HCA it will provide the access in accordance with the HIPAA Rules. 6. Amending PHI Business Associate will make any amendments to PHI in a designated record set as directed or agreed to by the HCA pursuant to 45 CFR§ 164.526, or take other measures requested by HCA to satisfy HCA's obligations under that provision. If Business Associate receives a request for amendment directly from an individual, Business Associate will both acknowledge it and inform HCA within three(3).business days, and if HCA so requests act on it within ten (10) business days and inform HCA of its actions. 7. Accounting Business Associate will maintain and make available to HCA the information required to provide an accounting of disclosures as necessary to satisfy HCA's obligations under 45 CFR§ 164.528. If Business Associate receives an individual's request for an accounting, it will either provide the accounting as required by the Privacy Rule or, at its option, pass the request on to HCA within ten (10) business days after receiving it. 8. Obligations To the extent the Business Associate is to carry out one or more of HCA's obligations under the Privacy Rule, it will comply with the requirements of that rule that apply to HCA in the performance of such obligations. Page 49 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement DocuSign Envelope ID:B1 B5D4E5-E1 DD-4257-8CAA-230A52B7E629 9. Books, etc. Business Associate.will make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. 10. Mitigation Business Associate will mitigate, to the extent practicable, any harmful effect of a use or disclosure of PHI by Business Associate or any of its agents or subcontractors in violation of the requirements of any of the HIPAA Rules, this Agreement, or the Contract. 11. Indemnification To the fullest extent permitted by law, Business Associate will indemnify, defend, and hold harmless the State of Washington, HCA, and all officials, agents and employees of the State from and against all claims of any kind arising out of or resulting from the performance of this Agreement, including Breach or violation of HIPAA Rules. 12. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE i. Limited use and disclosure Except as provided in this Section 3, Business Associate may use or disclose PHI only as.necessary to perform the services set forth in the Contract. ii. General limitation Business Associate will not use or disclose PHI in a manner that would violate the Privacy Rule if done by-HCA. iii. Required by law Business Associate may use or disclose PHI as required by law. iv. De-identifying Business Associate may de-identified PHI in accordance with 45 CFR§ 164.514(a)-(c). V. Minimum necessary Business Associate will make uses and disclosures of only the minimum necessary PHI, and will request only the minimum necessary PHI. 13. DISCLOSURE FOR MANAGEMENT AND ADMINISTRATION OF BUSINESS ASSOCIATE Subject to subsection 3.6.2, Business Associate may disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate. The disclosures mentioned in subsection 3.6.1 above are permitted only if either: Page 50 of 95 Washington State CPWI Prevention Services Health Care Authority HCA Contract K3929,Amendment 2 Attachment 3—Business Associate Agreement