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HomeMy WebLinkAbout2023/08/01 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 1, 2023 9:00 a.m. August 1.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in -person and via Teams. Please click the Teams meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognize d by the Chair to provide your comments and testimony. Public comment and testimony can be provided in -person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – June 26, July 5, July 10, and July 17, 2023 Briefing Minutes and July 5, 2023 Regular Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8097848-8098144 $2,865,691.50 Direct Deposit Fund Warrant # 98421-98830 $ 864,015.53 Salary Clearing Fund Warrant # 7007471-7007507 $ 571,071.48 Treasurer Electronic Remittance $ 737,063.54 8.2 Approval to purchase Randox Toxicology Multistat Analyzers for toxicology drug screening and testing for approximately $64,181.12. 8.3 Approval to pay the balance of the Behavioral Health Transportation Pilot Program with the Patty Wagon in the amount of $15,165.32 from Treatment Sales Tax (TST). 8.4 Approval of the Washington State Department of Agriculture and Mason County Noxious Weed Control Board contract amendment to extend the project to control invasive knotweed until June 30, 2025. 8.5 Approval of the Justice AV Solutions (JAVS) upgrade in the amounts of $27,185.30 for Superior Court and $4,194.24 for District Court. 8.6 Approval of the Juvenile Detention Alternatives Initiative (JDAI) County Program Agreement with the State of Washington Department of Children, Youth, and Families (DCYF) for the maximum agreement amount of $56,000. 8.7 Approval for the Chair to sign the Hood Canal Regional Pollution Identification Correction (HCRPIC) Program 4 contract for an additional $44,546. 8.8 Approval of the Northwest Resources II (NWRII) Social Opportunity Services (SOS) Program contract for the amount of $167,655.40 from Treatment Sales Tax (TST). 8.9 Approval to advertise a Request for Proposals (RFP) for janitorial services for the anticipated amount of $245,000. 8.10 Approval of Lead Pay for Tammi Wright, Senior Emergency Management Coordinator, from June 1, 2023 until annual budget review process and for Nichole Wilston, Risk Manager, from July 1, 2023 to November 1, 2023. 8.11 Approval for the Auditor’s Office Recording Department to update their Tyler Technologies system to include improved Records Public Access software in the amount of $22,500 for software and implementation and a $1,500 annual maintenance fee. 8.12 Approval of the Phillips Lake County Park Attendant agreement with Jean Ennis in the amount of $100 per month. 8.13 Approval of the 2023-2026 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 I.A.M. Office of Public Defense Support Staff. 8.14 Approval of the January 2023 – December 2026 Collective Bargaining Agreement (CBA) for AFSCME Local 1504. 8.15 Approval of the Resolution updating the Non-Represented Salary Scale to show the removal of the Administrative Assistant and Legal Secretary positions, retitle Receptionist/Secretary to Customer Service Specialist, and to create a new title for the second Receptionist/Secretary to Administrative Assistant – Commissioner’s Office and to move that position from Range 10 to Range 13. 8.16 Approval of the subrecipient agreement amendment with Community Action Council of Lewis, Mason, and Thurston Counties (CACLMT) for service provisions under the Community Development Block Grant (CDBG) CV-1 and CV-2. 8.17 Approval of the subrecipient agreement amendment with Community Action Council of Lewis, Mason, and Thurston Counties (CACLMT) to extend the Community Development Block Grant (CDBG) Public Services Grant. 8.18 Approval of the FY24-25 Consolidated Homeless Grant (CHG) Housing and Essential Needs (HEN) contract with Community Action Council of Lewis, Mason, and Thurston Counties (CACLMT). 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. No Public Hearings set for this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: July 18, 2023 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Notice of Liquor License Applications received for Bayshore Shell, and added privilege for Hood Canal Market Fresh. Special Occasion Liquor License Applications received for Long Live the Kings, and the Harstine Island Women’s Club. 4.1.2 Letter received from Bob Ferguson, Attorney General of Washington, regarding Mason County Fire District 12. 4.1.3 Letter received from Central Mason Fire & EMS, District 5, regarding July 4th McEwan Fire. 4.1.4 Public comment received from Ken VanBuskirk regarding Forterra’s response to a local fire. Attachments: Originals on file with the Clerk of the Board. Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of June 26, 2023 Monday, June 26, 2023 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:15 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Misty Kuhl, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Auditor’s Office – Steve Duenkel Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Auditor Duenkel shared the vote-by-mail envelope sorting machine procurement process. Three proposals were received. Tritek Technologies, Inc. was selected for $215,837.25. A budget amendment will be needed. 10:05 A.M. Sheriff’s Office – Chief Dracobly Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Chief Dracobly shared that MACECOM is upgrading their system from analog to digital. Base units in the Sheriff’s Office will need to be upgraded as well to be compatible. The Multi-Site VoIP Mini Console will cost $28,659.50. Approved to move forward. 10:10 A.M. Support Services – Diane Zoren Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren reminded the Commission about the upcoming holiday. The regular meeting will be held Wednesday, July 5 at 9:00 a.m. and the briefing will be held at 10:00 a.m. • Diane shared three applications were received for the “Spender” position for the Lodging Tax Advisory Committee (LTAC) from Elizabeth Arbaugh, Rachel Hansen, and Karin Leaf. Interviews will be scheduled for Monday, July 10. • Diane discussed the letter of concurrence to appoint Brian Mittge to the Timberl and Regional Library Board of Trustees. Tabled. • Cmmr. Neatherlin discussed having a closed session for labor discussion at 10:00 a.m. on Wednesday, July 5 before the briefing. • Mary Ransier requested to extend the temporary promotion of Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator from July 1, 2023, to July 1, 2024. Approved to move forward. • Mary discussed appointing Kevin Frankeberg er as a regular member to the Board of Equalization. Approved to move forward . • Mary requested to consider Teri Arcieri as an alternate member to the Board of Equalization. Approved to move forward. 10:20 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave discussed the Cascade Pacific Action Alliance Region Regional Agreement for Participating Local Governments for opioid fund allocation. This subcommittee will be responsible for dispersing funds. Approved to move forward. 10:25 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. Page | 2 • Mike Collins shared two County Road closures – Cloquallum Road for the Rock Creek Bridge repair project at milepost 5.85 scheduled for 7:00 a.m. Monday, August 7 to 4:00 p.m. Friday, August 11 and North Shore Road for the Little Shoefly culvert replacement at milepost 8.18 scheduled for 7:00 a.m. Monday, September 25 to 4:00 p.m. Friday, September 29. • Loretta shared upcoming calendar items and scheduled road construction projects. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair _______________________ Randy Neatherlin, Vice-Chair _______________________ Kevin Shutty, Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of July 3, 2023 Wednesday, July 5, 2023 9:30 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:30 a.m. to 10:15 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Misty Kuhl, Cabot Dow, and Lindsey Smith were also in attendance. 10:30 A.M. Sheriff’s Office – Chief Hanson Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Chief Hanson shared replacement parts for the camera system in the Jail are no longer available and updated cameras are needed for safety and security. Corrections Technology Group (CTG) provided a quote for an updated camera system as well as additional cameras for $286,427. Funds can be used from the Ending Fund Balan ce in the General Fund. Approved to move forward. 10:40 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jennifer Beierle discussed the revised 2024 budget rates for IT. The IT Steering Committee proposed moving Munis to cloud storage for an annual cost of about $50k. Switches also need replaced, they have a life cycle of 6 years and replacement needs to start on a 3-year life cycle due to current age of switches. The revised IT rate would be from $1.23 million to $1.3 million. Approved to move forward. • Mary Ransier provided a quarterly update on the Human Resources Strategic Plan. • Mark shared the lease agreement with North Mason Fire Authority to locate certain County services in Belfair. The lease term is 10 years but could go as high as 20 years. Approved to move forward. • McKenzie Smith discussed the current Timberland Regional Library Board of Trustees bylaws and membership composition. • Mark shared that Hilary Franz will be giving a live update on KOMO 4 News at 11:30 a.m. regarding the McEwan Prairie fire. 11:00 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Kell shared Public Works is updating Road Standards which will impact both Title 16 – Plats and Subdivisions and Title 17 – Zoning and requested to set a Public Hearing for Tuesday, August 15 at 9:15 a.m. Approved to move forward. • Marissa Watson requested a letter of support for 2023-2025 Comprehensive Plan Periodic Update work through the Department of Commerce. Approved to move forward. • Marissa shared the proposal submitted by SCJ Alliance to assist in updating the 2025-2045 Comprehensive Plan. 11:20 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins shared the 2023 County Road Chip Seal and Restriping Project news release. Approved to move forward. Page | 2 • Loretta requested authorization to sign the Latecomer’s Agreement for Harbor Custom Development, Inc. for the sewer trunk line reimbur sement fee. Approved to move forward with more cost information. • Loretta shared the County Road Administration Board (CRAB) agenda for July 27 and 28 in Bremerton. • Mike discussed the Beeville Loop Road Dry Bed Creek culvert removal and road closure at milepost 5.16. The Chehalis River Basin secured a grant to study replacement but not for construction. The cost will be around $2 million. • Loretta discussed the upcoming Rustlewood meeting to discuss water and sewer utility rate information. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair _______________________ Randy Neatherlin, Vice-Chair _______________________ Kevin Shutty, Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of July 10, 2023 Monday, July 10, 2023 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Misty Kuhl, Cabot Dow, and Lindsey Smith were also in attendance . 10:00 A.M. Executive Session – RCW 42.30.110 (1)(i) Litigation Commissioners Neatherlin, Shutty, and Trask met in executive session for litigation via Zoom from 10:00 a.m. to 10:41 a.m. Mark Neary and Tim Whitehead were also in attendance. 10:30 A.M. Lodging Tax Advisory Committee Interviews Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • The Commissioners interviewed Elizabeth Arbaugh and Rachel Hansen for the Lodging Tax Advisory Committee (LTAC). Approved to move forward with appointing Rachel Hansen. 10:45 A.M. Veteran’s Advisory Board Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dan Cameron, Dan Dittmer, Denis Leverich, and Roy Harrington shared their concerns and frustrations regarding the Veteran’s Advisory Board (VAB) and staff approving or denying special cases. 11:05 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren shared the Mason County Imaging and Destruction of Paper Records (Scan/Toss) Policy based on the Secretary of State archiving schedule. Approved to move forward. • John Taylor discussed the Recreation and Conservation Office (RCO) Local Parks Maintenance Grant for Latimer’s Landing to resurface the parking lot and boat launch for the estimated cost of $30k. No match is required. Approved to move forward. • Jennifer Beierle shared the Blake Reimbursement Agreement with the Washington State Administrative Office of the Courts (AOC) to continue the contract from July 1, 2023 to June 30, 2024. Approved to move forward. • Jennifer gave an American Rescue Plan Act (ARPA) project update. Total obligated first installment $6,376,370; total obligated second installment $6,273,457; grand total obliga ted $12,649,827. • Jennifer shared the subrecipient agreements with Community Action Council of Lewis, Mason, and Thurston Counties (CACLMT) for the COVID-19 and Public Services Community Development Block Grant (CDBG). Tabled. • Diane discussed the Department of Social and Health Services (DSHS) revised General Terms and Conditions (GTCs) removing COVID-19 obligations. Approved to move forward. • Mark discussed two letters of support for Public Utility Distr ict (PUD) 1 for Community Wildfire Defense Grant Program Application and Office of Clean Energy Demonstrations Funding application. Approved to move forward. 11:40 A.M. Public Health – Casey Bingham Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. Page | 2 • Casey discussed the Public Health Consolidated Contract (CONCON) Amendment No. 13 which will add $1,378,486 to current contract for a revised maximum consideration of $5,341,192. Approved to move forward. 11:45 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Kell gave an update on permit applications, permit issuance, and average days to issuance. 11:50 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Richard Dickinson discussed the Rustlewood water quality improvement project. • Loretta shared a utility rate update regarding customer outreach, dates, and comments. • Loretta discussed the Belfair sewer latecomer fee and updated Capital Facilities charge. • Loretta shared upcoming calendar and action items. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair _______________________ Randy Neatherlin, Vice-Chair _______________________ Kevin Shutty, Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of July 17, 2023 Monday, July 17, 2023 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Misty Kuhl, Cabot Dow, and Lindsey Smith were also in attendance . 10:00 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • John Taylor shared the Phillips Lake County Park Attendant contract to have a com munity member close and secure the gate at night. Contract needs additional language from Risk Management. • Mary Ransier discussed the Memorandum of Understanding with Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff to update the 2022 -2024 Collective Bargaining Unit language in Article 11 Hours of Labor. Approved to move forward. • Jennifer Beierle shared the June financial report. Current Expense revenue $23,936,238 at 56%; last year $24,264,280 at 60%. Treasurer Department Receipts $16,746,587 at 59%; last year $17,624,131 at 65%. Current Expense expenditure $21,358,134 at 44%; last year $19,460,294 at 44%. Six-Year Specific Streams: Community Development revenue $1,292,488; Detention & Correction services $38,780; Current Expense property tax $6,050,551; Road Diversion property tax $635,026; County Road property tax $6,065,283; Current Expense sales tax $4,412,042; Criminal Justice entitlements $953,150; Rural Sales & Use $533,665; Homelessness Prevention $252,701; Lodging Tax $385,462; REET 1 & 2 $675,656. Total collected revenue $4,412,041.97; budgeted $7.2 million; projected $9,560,943.38. Current Expense cash $29,460,282. Special Fund cash $60,832,807. Motor Pool expenditure $713,901 at 41.71%; last year $1,015,256 at 67 .46%. Special and Other revenue $29,824,413 at 50%; last year $27,713,170 at 34%. Special and Other expenditure $22,850,812 at 30%; last year $21,330,175 at 24%. • Cmmr. Shutty shared his thanks for staff and Transportation Improvement Program Citizens Advisory Committee (TIP-CAP) for the meeting at the Civic Center. • Mark gave an update on the jail study. The Sheriff ’s Office and Public Health have been working together to review a proposed contract and provide feedback. • Cmmr. Neatherlin shared his thanks for Diane being at the celebration of life for an employee. 10:15 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave discussed the rapid toxicology screening tool which will allow tox screens to be done in about 17 minutes. The screening can tell the makeup of drugs and how much of each. Approved to move forward. • Melissa Casey discussed the FY24-25 Consolidated Homeless Grant – Department of Commerce contract & agency subcontracts with Crossroads Housing, Turning Pointe Survivor Advocacy, Youth Connections, Community Lifeline, and Quixote Communities . Approved to move forward. • Melissa shared the FY24 Emergency Housing Fund Contract. Approved to move forward. • Melissa discussed the Behavioral Health Transportation Pilot Program and the Patty Wagon contract. This program is highly utilized, popular, and served a lot of individuals. The program ended early in May 2023 and was overspent by $15,165.32. Page | 2 • Dave shared that Walla Walla had legionnaires in one of their motel’s water supplies. This can happen during warmer weather. 10:30 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins shared the bid results for County Road Project (CRP) 2011 North Island Drive culvert replacement project and CRP 2041 Mason Lake Road paver project . • Loretta shared an update on the Long Haul Transport Request for Proposals (RFP). Two responses were received. A Public Hearing will be set for July 31, 2023 at 9:00 a.m. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair _______________________ Randy Neatherlin, Vice-Chair _______________________ Kevin Shutty, Commission Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 July 5, 2023 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – Mark Neary led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of special occasion liquor license applications for Allyn Community Association, Hood Canal Salmon Enhancement Group, and North Mason Rotary Club; location change notice for Black Sushi Cannabis; and license renewal information for liquor and cannabis license holders. 4.1.2 Scott Gellatly sent in a letter regarding property concerns and information. 4.1.3 Erik Steffens, Conservation Director, sent in a notice of property acquisition in Tahuya. 4.1.4 Washington Secretary of the Interior sent in a letter regarding the Payments in Lieu of Taxes (PILT) program. 4.1.5 Olympic Region Clean Air Agency (ORCAA) sent in a letter regarding the Washington Clean Air Act. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Shutty moved and seconded to adopt the June 6 and June 20, 2023 Regular Minutes and June 12, 2023 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8097047-8097137 $1,322,998.46 Direct Deposit Fund Warrant # 97605-98011 $ 853,981.38 Salary Clearing Fund Warrant # 7007445-7007470 $ 567,636.34 Treasurer Electronic Remittance $2,830,125.98 8.2 Approval for the Chair to sign the agreement for the 2023-25 Biennium Contract no. K2420 between the Washington State Conservation Commission and Mason County for Voluntary Stewardship Program (VSP) Implementation and approval for the County Administrator to sign Amendment no. 3 to Mason County Contract no. 19-053 Interlocal Agreement between Mason County and Mason County Conservation District to perform the work under the contract. 2 | J u l y 5 , 2 0 2 3 C o m m i s s i o n M i n u t e s 8.3 Approval of the Auditor’s Office Budget Amendment to move $52,250 from Elections Cash & Investment to Elections Machinery & Equipment to purchase a vote by mail envelope sorting machine for a total amount of $200,750. 8.4 Approval of the Resolution for the sole-source purchase of a Kenwood Multi-Site VoIP Mini Console in the amount of $28,659.50. (Exhibit A, Resolution No. 2023-038) 8.5 Approval of the Memorandum of Understanding (MOU) between the Mason County Sheriff’s Office and Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff to extend the temporary promotion of Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator from July 1, 2023 to July 1, 2024. 8.6 Approval to reappoint Kevin Frankeberger as a regular member to the Mason County Board of Equalization (BOE) for the remainder of a three-year term which will expire May 31, 2026. 8.7 Approval to appoint Terri Arcieri as an alternate member to the Mason County Board of Equalization (BOE) to fill an unexpired term which will expire May 31, 2026. 8.8 Approval of the Regional Agreement of the Cascade Pacific Action Alliance (CPAA) Region Participating Local Governments relating to opioid fund allocation based on the nine Washington State Accountable Community of Health Regions. 8.9 Approval of the following County Road closures: Cloquallum Road from milepost 4.595 to milepost 12.781 on Monday, August 7, 2023 to Friday, August 11, 2023 to complete the Rock Creek Bridge repair project and North Shore Road from milepost 3.595 to milepost 14.191 on Monday, September 25, 2023 to Friday, September 29, 2023 to complete the Little Shoefly culvert replacement project at milepost 8.180. Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.9. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) Mark Neary provided an update regarding the fire that began yesterday. At 2:00 p.m. Central Mason Fire responded to a fire on McEwan Prairie. The Department of Natural Resources was contacted, and Mason County Department of Emergency Management (DEM) was notified. 250 homes were evacuated, and 260 acres were fully engulfed by midnight. A fire line was 90% established. Washington State Emergency Management officially activated DEM. John Taylor, Director of Emergency Management, requested and was approved for a Fire Management Assistance Grant (FMAG). Additional resources and fire fighters are still coming in. Incident command is located at the Shelton High School and a shelter for individuals who had to evacuate is available at Olympic Middle School. Other organizations have also opened their doors. Updates will continuously be received throughout the day. Cause is still under investigation. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set at this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:21 a.m. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON 3 | J u l y 5 , 2 0 2 3 C o m m i s s i o n M i n u t e s ____________________________ McKenzie Smith, Clerk of the Board _______________________________ Sharon Trask, Chair _______________________________ Randy Neatherlin, Vice-Chair ________________________________ Kevin Shutty, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8097848-8098144 $ 2,865,691.50 Direct Deposit Fund Warrant # 98421-98830 $ 864,015.53 Salary Clearing Fund Warrant # 7007471-7007507 $ 571,071.48 Treasurer Electronic Remittance $ 737,063.54 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 29,165,377.39 Direct Deposit YTD total $ 12,762,851.04 Salary Clearing YTD total $ 12,464,415.63 Approval of Treasurer Electronic Remittances YTD total $ 7,029,893.19 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: David Windom 260 Department: Public Health Briefing: ☐ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 17, 2023 Agenda Date: Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Rapid Toxicology Screening Tool Background/Executive Summary: Currently, it can take as many as ten weeks to receive a toxicology report back from the state lab which interferes with death certificates, analysis of drug use in the community, assessment, surveillance, and delays law enforcement actions. Public Health departments in Washington are looking to shorten this delay. MCPH is recommending the purchase of rapid toxicology screening tools for the Mason County Coroner. The recommended device is one with which the Coroner is familiar and in use with other counties, the EVIDENCE MULTISTAT Fully Automated Post-Mortem Drug Testing from Randox Technology. Research hasn't found comparable units. Budget Impact (amount, funding source, budget amendment): Approximately $64,181.12 from the FPHS Consolidated Contract earmarked for illicit drug intervention. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to purchase rapid toxicology screening tools for the Mason County Coroner. Attachments: Xylazine Assay, Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices, Evidence multistat Fully Automated Post-Mortem Drug Testing Mason County Public Health and Human Services Proposal for the Placement of Randox Multistat Analyzer Provided to David Windom Director, Mason County Public Health and Human Services CONFIDENTIAL DOCUMENT CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ Randox Multistat Analyzer CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ David Windom Mason County Public Health and Human Services 415 N. 6th Street, Bldg. 8 Shelton, WA 98584 RE: Evidence MULTISTAT proposal Our Reference: rdxtox/usa-IPUS02 Dear David Windom, Randox Toxicology is pleased to offer this proposal for the purchase of the Multistat analyzer for toxicology drug screening and testing in Mason County. This analyzer is an excel lent analyzer for fast and accurate screening of drugs in biological samples. The Evidence Multistat a nalyzer and Biochip Array Technology will allow for reliable analysis of toxicology specimen in blood and urine. Fully automated bench top analyzer • 3 samples per hour • Results in 17 minutes • 1,000 patient data storage capability • LIMS compatible • CV less than 10% • Touch screen color monitor We are excited at the possibility of the analyzer being considered for procurement in your lab and we look forward to working with the l ab. Thanks, Ingemar Pedron, M.S. | Sales Executive Based in San Diego, CA Ingemar.Pedron@Randox.c om +1 (304) 579 -0236 CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ FINANCIAL PROPOSAL Name David Windom Organization Mason County Public Health and Human Services Address 415 N. 6th Street, Bldg. 8 Shelton, WA 98584 Ref. No. rdxtox/usa-IPUS02 Randox Contact Ingemar Pedron Date 06/28/2023 Contract Type Outright Purchase Contract Period N/A Minimum Purchase none DESCRIPTION QUANTITY UNIT PRICE TOTAL MultiSTAT E V4115 1 45,000.00 45,000.00 MultiSTAT Shipping and handling 1 1,500.00 1,500.00 1 year Gold Service Contract 1 8,000.00 8,000.00 DoA Blood Kits Whole blood EV4195 3 315.00 945.00 Urine EV4193 3 315.00 945.00 Oral Fluid EV4279 3 315.00 945.00 MultiSTAT - ToxPlex EV4516 2 827.50 1,655.00 SUBTOTAL $58,990.00 TAX $5,191.12 TOTAL $64,181.12 Full product descriptions found below CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ Evidence Investigator Analyzer $45,000.00 Cat. No. EV4115 Consisting of: Analyzer Installation Training of two operators Operator’s ma nual One year’s warranty Shipping ……………………………………………………………………………………………………………………………………………………$ 1, 500 CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ Evidence MultiSTAT – Whole Blood kit $315/kit Cat. No. EV4195 Cost per sample - $26.25 Consisting of: 12 Biochips x 20 tests per Biochip = 240 tests Multi-analyte reagents and consumables. Discrete test regions for the tests: 1. α-PVP( Flakka) 2. Amphetamine 3. Barbiturates 4. Benzodiazepines 5. BZG/Cocaine 6. Buprenorphine 7. Cannabinoids (THC) 8. Ethylglucoronide (EtG) 9. Fentanyl 10. Methadone 11. Methamphetamine 12. Opiate 13. Oxycodone 14. Phencyclidine (PCP) 15. Pregablin 16. Propoxyphene 17. Synthetic Cannabinoids ( AB-Chiminica) 18. Synthetic Cannabinoids( AB-Pinaca) 19. Tramadol 20. Tricyclic Antidepressants (TCA) 21. 6-MAM Evidence MultiSTAT Urine kit ………………………………….…………………………………………………………………… $315/kit Cat. No. EV4193 Cost per sample - $26.25 Consisting of: 12 Biochips x 20 tests per Biochip = 240 tests Multi-analyte reagents and consumables. Qualitative Discrete test regions for the tests: 1. Fentanyl 12. Ethyl Glucuronide (EtG) 2. 6-MAM 13. Methadone 3. BZG (Cocaine Metabolite) 14. Methamphetamine 4. Opiates 15. Cannabinoids (THC) 5. Oxycodone 16. AB -PINACA 6. Alpha-PVP (includes MDPV) 17. Tricyclic Antidepressants 7. Amphetamine 18. JWH-018 8. Barbiturates 19. XLR-11 9. Benzodiazepines I 20. Tramadol 10. Benzodiazepines II 21. Creatinine 11. Buprenorphine CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ Evidence MultiSTAT – Oral Fluids kit $315/kit Cat. No. EV4279 Cost per sample - $26.25 Consisting of: 12 Biochips x 20 tests per Biochip = 240 tests Multi-analyte reagents and consumables. Discrete test regions for the tests: 1. 6-MAM 2. Amphetamine 3. Bar biturates 4. Benzodiazepines I 5. Benzodiazepines II 6. BZG (Coc aine metabolite) 7. Buprenorphine 8. Cannabinoids (THC) 9. A lpha-PVP 10. Fentanyl 11. Methadone 12. Methamphetamine 13. Opiate 14. Oxycodone 15. Phencyclidine (PCP) 16. LSD 17. Ketamine 18. Synthetic Cannabinoids (JWH-018) 19. Synthetic Cannabinoids (UR-144) 20. Tramadol Evidence MultiSTAT Toxplex Qua nt kit ………………………………….…………………………………………………………… $827.50/kit Cat. No. EV4156( Blood ) Cost per sample - $37.36 Consisting of: 24 Biochips x 29 tests per Biochip = 696 tests ( two samples per cartridge) Multi-analyte reagents and consumables. Discrete test regions for the tests: 1. Acetaminophen 16. Meprobamate 2. Amphetamines 17. Methamphetamine 3. Barbiturates 18. Methadone 4. Benzodiazepines I ( Oxazepam) 19. Methaqualone 5. Benzodiazepines II( Clonazepa m) 20. Opiate 6. Cocaine ( Benzolecgonine) 21. Oxycodone 7. Buprenorphine 22. Phencylidine( PCP) 8. Cannabinoids ( THC) 23. Pregablin 9. Xylazine 24. Propoxyphene 10. Dextromorphan 25. Salicylate 11. Ethy Glugoronide ( ETG ) 26. Tramadol 12. Fentanyl 27. Tricylic Antodepressants 13. Haloperidol 28. Zolpidem 14. Ketamine 29. 6-MAM( Heroin) 15. MDMA CONFIDENTIAL DO NOT COPY OR DISTRIBUTE _____________________________________________________________________________________ QUOTATION TERMS AND CONDITIONS Delivery The analyzer and other products shall be delivered to within six (6) weeks of receipt of confirm ed purchase order. Installation and Training Installation will take place at the customer premises as soon as requested after delivery of the analyzer. A technical specialist shall conduct the training course, whi ch will take the form of a three-day course for three operators. Payment and Credit Terms Credit terms of 30 days from product delivery. Warranty Period and Service The analyzer will be covered by a comprehensi ve warranty for the period of 12 months from date of installation. This warranty covers all costs of parts, travel and labor. Customer and Technical Support Immediate technical support will be provided by telephone, with 48-hour turnaround onsite technical support _____________________________________________________________________________________ ALL PRICES QUOTED ARE EXCLUSIVE OF TAX AND FREIGHT. F.O.B. Kearneysville, WV 1 EVIDENCE MULTISTAT Fully Automated Post-Mortem Drug Testing 3 Evidence MultiSTAT Using our revolutionary Biochip Array Technology (BAT), the Evidence MultiSTAT is an automated analyzer that enables on-site simultaneous detection of up to 29 classical, prescription and synthetic drugs from a single sample. Designed to work across a variety of matrices, our patented multi-analyte testing platform provides a complete toxicology profile within minutes, changing the landscape of drug detection forever. Cartridge & Analyzer Overview 1 Touch Screen A large touch screen interface allows the user to easily navigate through the testing screens of the analyzer and view test results. 2 Tip Cartridge Drawer The user will insert the prefilled tip cartridge here prior to testing. 3 Reagent Cartridge Drawer The user will insert the reagent cartridge here prior to testing. 4 2 x USB Ports USB Ports allow the user to add accessories e.g barcode scanner, printer and export test results via USB. 1 2 3 4 1 2 3Biochip Wells Two Biochips are pre-fixed here, one for each sample. 29 discrete testing regions are placed on each biochip. 3 Sample Chambers There are two sample wells positioned here, each holding 200μl of sample. 1 Foil Cover & Fluid Reservoirs All additional fluids required are stored underneath a sealed foil cover and pierced by the analyzer during testing. 2 4 Benefits With minimal sample preparation required, results can be provided in just 28 minutes, offering an efficient and accurate toxicology screen. That’s up to 4 samples per hour, or 32 in a typical 8 hour day! Rapid Screening With prefilled reagent cartridges and a simple interface, non-laboratory trained staff can easily operate the analyzer in any environment and achieve results in just 2 steps. Simple Process Test all 29 analytes or select any number of tests from the panel to make it completely personalized to your needs. User-Defined Test Panel Biochip Array Technology enables the separation of drugs with same parent type. For example: amphetamine, MDMA and methamphetamine, benzodiazepines (clonazepam and oxazepam), oxycodone, fentanyl and 6-MAM. Increased Specificity & Reduced False Positives With the Evidence MultiSTAT’s semi-quantitative screening method you can identify what substance, as well as how much, is present in a post-mortem sample. Semi-Quantitative Screening Using chemiluminescence as a measurement principle, the Evidence MultiSTAT consistently delivers accurate results and offers a highly sensitive way to detect drugs of abuse. Reliable Results The MultiSTAT is a medium sized benchtop analyzer which can be placed in an autopsy suite or room. Space Saving 5 6 Qualitative Panels* Assay Assay Acetaminophen Methadone Amphetamine Methamphetamine Barbiturates Methaqualone Buprenorphine Opiate BZG (Cocaine Metabolite)Oxazepam THC (Cannabinoids)Oxycodone Clonazepam PCP (Phencyclidine) Creatinine (Urine Only)Pregabalin Dextromethorphan Propoxyphene EtG (Ethyl Glucuronide)Salicylate Fentanyl Tramadol Haloperidol TCA (Tricyclic Anti-depressants) Ketamine Zolpidem MDMA 6-MAM Meprobamate - ToxPlex Semi-Quantitative Panel Two samples per cartridge Semi-Quantitative Panel Assay Cut-Off Assay Cut-Off 6-MAM 10 ng/ml Methadone 10 ng/ml AB-CHMINACA 5 ng/ml Methamphetamine 50 ng/ml AB-PINACA 2 ng/ml Opiate 80 ng/ml Amphetamine 50 ng/ml Oxycodone 10 ng/ml BZG (Cocaine Metabolite)25 ng/ml PCP (Phencyclidine)5 ng/ml Barbiturates 50 ng/ml Pregabalin 1000 ng/ml Benzodiazepines 20 ng/ml TCA (Tricyclic Anti-depressants)60 ng/ml Buprenorphine 2 ng/ml THC (Cannabinoids)10 ng/ml EtG (Ethyl Glucuronide)500 ng/ml Tramadol 5 ng/ml Fentanyl 1 ng/ml α-PVP 5 ng/ml Blood Cat. No. EV4195 Time to Result: 23 minutes Qualitative Panel One sample per cartridge Assay Cut-Off Assay Cut-Off 6-MAM 10 ng/ml JWH-018 (Synthetic Cannabinoids)20 ng/ml AB-PINACA 2.5 ng/ml Methadone 300 ng/ml Amphetamine 200 ng/ml Methamphetamine 200 ng/ml BZG (Cocaine Metabolite)150 ng/ml Opiate 200 ng/ml Barbiturates 200 ng/ml Oxycodone 50 ng/ml Benzodiazepines I 150 ng/ml TCA (Tricyclic Anti-depressants)150 ng/ml Benzodiazepines II 150 ng/ml THC (Cannabinoids)20 ng/ml Buprenorphine 1 ng/ml Tramadol 5 ng/ml Creatinine 20 mg/dl UR-144 (Synthetic Cannabinoids)10 ng/ml EtG (Ethyl Glucuronide)750 ng/ml α-PVP 5 ng/ml Fentanyl 2 ng/ml - Urine 1 Cat. No. EV4193 Time to Result: 19 minutes Qualitative Panel One sample per cartridge Matrices: Blood & Urine 7 NPS MultiSTAT Cat. No. EV4391 Time to Result: 20 minutes *Disclaimer: Our qualitative panels run on single sample cartridges. Sample Types Blood • Matrix dedicated kit for blood ensures optimum performance • Sample collection should be carried out in accordance with the collection tube manufacturer’s recommendations • 200 μl sample volume required Urine • Dedicated kit for urine with the most appropriate cut-off • Detection of both parent and metabolite drug • 200 μl sample volume required • No Sample Preparation Urine II Cat. No. EV4292 Time to Result: 19 minutes Assay Cut-Off Assay Cut-Off 6-MAM 10 ng/ml Methadone 300 ng/ml AB-CHMINACA 10 ng/ml Methamphetamine 500 ng/ml AB-PINACA 3 ng/ml Opiate 300 ng/ml Amphetamine 500 ng/ml PCP (Phencyclidine)25 ng/ml BZG (Cocaine Metabolite)300 ng/ml Pregabalin 300 ng/ml Barbiturates 200 ng/ml TCA (Tricyclic Anti-depressants)150 ng/ml Benzodiazepine 200 ng/ml THC (Cannabinoids)50 ng/ml Creatinine 20 mg/dl Tramadol 20 ng/ml EtG (Ethyl Glucuronide)750 ng/ml UR-144 (Synthetic Cannabinoids)10 ng/ml Fentanyl 2 ng/ml α-PVP 5 ng/ml Qualitative Panel One sample per cartridge Assay Cut-Off Assay Cut-Off AB-CHMINACA 5 ng/ml Dibutylone 2 ng/ml AB-FUBINACA 10 ng/ml Etizolam 1.5 ng/ml AcetylFentanyl 1 ng/ml FUB-AMB 2 ng/ml ADBICA (5F-ADB)10 ng/ml Fentanyl 1 ng/ml α-PVP 1.5 ng/ml MDMB-CHMICA 10 ng/ml Benzylpiperazines 3.5 ng/ml Mephedrone 1.5 ng/ml Carfentanil 1 ng/ml Mitragynine 1 ng/ml Clonazepam 1.5 ng/ml NBOMe 1 ng/ml Creatinine 20 mg/dl Phenylpiperazines 5 ng/ml CUMYL-PICA 17.5 ng/ml U-47700 1.75 ng/ml Qualitative Panel One sample per cartridge Matrices: Urine 8 • Results* are displayed on a 15.6” touch screen. • Results* can be saved on the MultiSTAT, printed, exported via USB or connected to a LIMS system. Semi-Quantitative Results *Disclaimer: qualitative results will not display a concentration 9 10 Site Reference “The King County Medical Examiner’s Office has implemented rapid urine and blood toxicology screening in conjunction with comprehensive toxicology testing. […] To move toward a goal of near real-time drug surveillance, the office researched the effectiveness of screening techniques to identify and report probable overdose deaths[.] Blood samples are tested using an Evidence MultiSTAT (Randox®) automated immunoanalyzer[.] King County’s process for identifying possible drug overdoses and streamlining death certification has proved to add value. Based on the positive results […] the King County Medical Examiner’s Office is continuing this practice and leveraging screening data for near real-time monitoring and drug surveillance.” Shute R, Bollinger K, Tucker M, and Ropero-Miller JD. (2021). Use of rapid toxicology screening tools in medical examiner/coroner offices. U.S. Department of Justice, National Institute of Justice, Office of Investigative and Forensic Sciences. King County Medical Examiner’s Office Washington, USA King County’s process for identifying possible drug overdoses and streamlining death certification has proved to add value. 585 (H) x 535 (D) x 570 (W) mmDimensions 48 kg, 106lbsWeight Analyser Description Fully automated Biochip Array analyser Biochip Format Cartridge based system – assay reagents sealed in a pre-filled cartridge Data Back-up Methods Data export functionality Measurement Principal Competitive techniques with chemiluminescent reaction CE marked & Health Canada ApprovedAccreditation Single cartridge loading baySample Loading Evidence MultiSTAT Technical Snapshot 12 Randox Toxicology is a company registered within Northern Ireland with Company Number NI 069074. VAT Registered Number: GB 151 6827 08. Product availability may vary from country to country. Some products may be for Research Use Only. For more information on product application and availability, please contact your local Randox Representative. Randox Toxicology | 55 Diamond Road, Crumlin, Co Antrim, United Kingdom, BT29 4QY T +44 (0) 28 9442 2413 E info@randoxtoxicology.com I randoxtoxicology.com MDSAP 699499 Evidence MultiSTAT to Aid in Overdose Practices Scan to Watch the Full Interview The Evidence MultiSTAT will provide immediate drug testing results and real- time data to the coroner’s office, law enforcement and medical providers. This information will be used to impact the opioid epidemic with real-time data as it relates to fatal drug overdoses. “So currently, if we are conducting an autopsy, we’ll take a blood sample and we send it off to a forensic lab, and it will take us six to eight weeks. To get those results back,” O’Neal explains. In less than half an hour, using less than a milliliter of blood, the MultiSTAT can scan for traces of 21 drugs. Charleston Coroner Bobbi Jo O’Neil says the technology is revolutionary. Charleston County Coroner’s Office “The King County Medical Examiner’s Office has implemented rapid urine and blood toxicology screening in conjunction with comprehensive toxicology testing. […] To move toward a goal of near real-time drug surveillance, the office researched the effectiveness of screening techniques to identify and report probable overdose deaths[.] Blood samples are tested using an Evidence MultiSTAT (Randox®) automated immunoanalyzer[.] King County’s process for identifying possible drug overdoses and streamlining death certification has proved to add value. Based on the positive results […] the King County Medical Examiner’s Office is continuing this practice and leveraging screening data for near real-time monitoring and drug surveillance.” Shute R, Bollinger K, Tucker M, and Ropero-Miller JD. (2021). Use of rapid toxicology screening tools in medical examiner/coroner offices. U.S. Department of Justice, National Institute of Justice, Office of Investigative and Forensic Sciences. King County Medical Examiner’s Office USA MultiSTAT Flyer - FEB23 V2.indd 1USA MultiSTAT Flyer - FEB23 V2.indd 1 09/02/2023 15:5309/02/2023 15:53 USA MultiSTAT Placements 1 Seattle Area 1 2 Seattle Area 2 3 Southern Washington 1 4 Seattle Area 3 5 Eastern Washington 1 6 Eastern Washington 2 7 Southern Washington 2 8 Central Washington 9 Southern California 1 10 Southern California 2 Central Colorado11 North West Ohio12 North East Ohio13 Arizona14 South Carolina15 Central Texas16 Northern Minnesota17 Tulsa18 19 Oklahoma City 20 Jackson, Mississippi 1 4 2 5 6 8 7 9 10 11 1213 17 14 15 16 19 18 20 USA MultiSTAT Flyer - FEB23 V2.indd 2USA MultiSTAT Flyer - FEB23 V2.indd 2 09/02/2023 15:5309/02/2023 15:53                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Published November 2021 1 Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s IN-BRIEF Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Background All medical examiner/coroner (ME/C) offices must make difficult decisions when allocating resources for timely, complete medicolegal death investigations. In some cases, toxicological analysis of a decedent’s biological specimens (e.g., blood, urine, tissue) can help determine cause and manner of death. A comprehensive toxicology work‐up plays a key role in cases where an ME/C may suspect a drug‐ related death due to substances found with the decedent at the time of death, their medical history and presentation, age, or additional information provided by family or acquaintances. Offices may leverage an in‐house laboratory, state or local crime laboratory, or private contracted laboratory for their testing needs. Long turnaround times for comprehensive, confirmatory toxicology testing may delay the death certification process. Although the 2017 National Forensic Laboratory Information System (NFLIS) Medical Examiner/Coroner Office Survey reports that average turnaround time to complete a case is 31 days,1 this figure includes cases with and without toxicology testing. Anecdotal evidence indicates that death certifications may be delayed weeks or longer because of toxicology testing, and accreditation requirements illustrate the potential ranges of toxicology testing windows. Both National Association of Medical Examiner (NAME)2 and the International Association of Medical Examiners and Coroners (IACME)3 consider 90% of toxicology “We sit at the intersection of public health and law enforcement. Reliable in‐ house toxicology testing, even when not used to complete and sign death certificates, offers timely information for the decedent’s family, which is very valuable for them.” —Dr. Richard Harruff, Chief Medical Examiner, King County Medical Examiner’s Office Objectives ► Identify potential opportunities for use of rapid in-house toxicology screening tools in ME/C offices, based on practitioner feedback ► Discuss how these immunoassay- based tools can provide timely information to support death investigations and public health surveillance ► Outline the realities and limitations of current rapid toxicology screening tools in ME/C offices 1U.S. Drug Enforcement Administration, Diversion Control Division. (2018). 2017 Medical Examiner/Coroner Office Survey Report. https://www.nflis.deadiversion.usdoj.gov/nflisdata/docs/NFLIS‐MECSurveyReport.pdf 2NAME. (2018, November 1). NAME inspection and accreditation checklist, autopsy facilities accreditation, Second Version. https://name.memberclicks.net/assets/docs/NAME%20Accreditation%20Autopsy%20Facilities%20Checklist%202019%20‐%202024.pdf 3IACME (n.d.). IACME accreditation requirements. https://cdn.ymaws.com/theiacme.com/resource/resmgr/files/standards_‐_site_version.pdf                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Published November 2021 2 NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s examinations completed within 60 and 90 days of case submission as a minimum for accreditation. Testing delays are further complicated by systemic issues that pressure ME/C operations, like the shortage of available forensic pathologists and the rising caseloads caused by increasing drug‐related deaths from opioid abuse and emerging drug threats.4,5 Faced with resource challenges, ME/C offices need tools to help them make timely, informed decisions for medicolegal death investigations and to support public health drug surveillance. Offices struggling with large caseloads have started to investigate the use of in‐house toxicology screening tools to help address these challenges. Rapid Toxicology Screening as a Potential Tool for the ME/C Office The ME/C community has started to look to a variety of tools and approaches to help them effectively deal with increasing casework and limited personnel. Rapid screening techniques may be used during external examinations or at autopsy, followed by comprehensive toxicological testing to verify positive screening results and to streamline the process of death investigation. Although screening techniques in the toxicology laboratory may include sophisticated instruments such as gas chromatography/mass spectrometry, liquid chromatography/mass spectrometry, or high‐resolution mass spectrometry systems, this brief focuses on potential opportunities for simpler, lower‐cost toxicology screening that can be used by ME/C offices, mostly in the form of immunoassay screening to inform the investigation. Most diagnostic immunoassays in in ME/C offices are used for urine, in the form of inexpensive dipsticks, cups, or strips that can detect one or more drugs or drug classes. These products typically cost between $5‐10 for a single use assay and can be read in less than five minutes. Biochip assays using blood are used in toxicology laboratories and can be leveraged by ME/C offices; these devices may cost tens of thousands of dollars in addition to regular consumable costs. While biochip assays can detect more drugs and drug classes in one sample, they require a longer test time (roughly 20 minutes). These screening techniques can be used in a variety of ways to alleviate backlogs, help offices make informed decisions, and identify useful information during a death investigation. However, despite the advantages, the sensitivity, specificity, and effectiveness of these tool are limited, constraining their use in casework.6 Informed by interviews of ME/C offices, this brief captures potential opportunities and implementation strategies for rapid toxicology screening tools. Potential Opportunities for Screening Tools* Realities of Screening Tools  Inform the death certification process  Limited specificity of screening tools: follow‐ and pending case backlogs up comprehensive toxicology screening and  Inform ME/C offices during the testing is necessary investigative stage  Lack of alignment with current products and  Provide timely information for external ME/C screening needs; there is opportunity stakeholders, including family and public for growth health and public safety communities  Limited return on investment in well‐  Monitor drug trends in near real‐time resourced ME/C offices and inform budget needs *As screening tools, these should be used alongside, not in place of, traditional toxicology workflows. 4National Institute on Drug Abuse. (2021, July 1). Opioid overdose crisis. National Institutes of Health. https://www.drugabuse.gov/drug‐topics/opioids/opioid‐ overdose‐crisis 5Morrow, J. B., Ropero‐Miller, J. D., Catlin, M. L., Winokur, A. D., Cadwallader, A. B., Staymates, J. L., Williams, S. R., McGrath, J. G., Logan, B. K., McCormick, M. M., Nolte, K. B., Gilson, T. P., Menendez, M. J., & Goldberger, B. A. (2019). The opioid epidemic: Moving toward an integrated, holistic analytical response. Journal of Analytical Toxicology, 43, 1–9. https://doi.org/10.1093/jat/bky049 6 Davis, G. G., Cadwallader, A. B., Fligner, C. L., Gilson, T. P., Hall, E. R., Harshbarger, K. E., Kronstrand, R., Mallak, C. T., McLemore, J. L., Middleberg, R. A., Middleton, O. L., Nelson, L. S., Rogalska, A., Tonsfeldt, E., Walterscheid, J. P., & Winecker, R. E. (2020). Position paper: Recommendations for the investigation, diagnosis, and certification of deaths related to opioid and other drugs. American Journal of Forensic Medicine and Pathology, 41(3), 152–159. https://doi.org/10.1097/PAF.0000000000000550.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Published November 2021 3 Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Potential Opportunities for Rapid Toxicology Screening Tools Screening tools may be used in multiple applications in an ME/C office. Depending on the office, screening results may be included in reports, but with significant safeguards (e.g., details on a death certificate are amended if comprehensive toxicology workups disagree with screening results). However, screening tools can provide investigative intelligence, streamline workflows, and inform decisions regarding resource allocations. The purpose of screening tools is to help triage cases rather than replace the use of laboratory‐based toxicology confirmation testing, and they may be used for many decisions as summarized below. Inform the Death Certification Process and Pending Case Backlogs When a drug‐related death is suspected during a medicolegal death investigation, the ME/C office will order toxicology testing to identify whether a drug was present in the decedent to help determine if a substance caused or contributed to the cause of death. Interviewees indicated that this testing may take roughly 10 weeks or longer, depending on the caseload of the laboratory executing the tests. Death certifiers, therefore, must find strategies to either work with the delays or find ways to reduce delays. The increase in time for completion of cause of death on a death certificate has numerous downstream effects for investigations or families of decedents. Implementing rapid toxicology screening techniques at the ME/C office in addition to traditional laboratory‐based screening and confirmation testing helped the King County Medical Examiner’s Office reduce death certification times while dealing with the realities of long comprehensive toxicology turnaround times (as shown on pages 6‐7). Inform ME/C Offices During the Investigative Stage Across large and small ME/C offices, allocating limited resources is a key challenge. The National Association of Medical Examiners (NAME) recommends that any suspected drug‐related death undergo a full autopsy and toxicology workup; however, personnel and funding constraints may limit offices to conducting external examinations. In some cases, no examination of the remains is conducted beyond examination at the scene. Medicolegal death investigation personnel face the reality of allocating autopsies and toxicology testing where they may provide the most value. Resource allocation inherently carries risk: offices may miss opportunities where autopsies reveal key insights that might suggest that factors other than drugs may have contributed to a suspected overdose case. ME/C offices often rely on multiple approaches to mitigate this risk in making resource allocations. These may include “risk analysis” calculators or tools like rapid toxicology screening techniques to provide a presumptive or “diagnostic” perspective. The NAME position paper, Recommendations for the Investigation, Diagnosis, and Certification of Deaths Related to Opioid and Other Drugs, suggests that pathologists consider information like hospital antemortem drug screens in their evaluation, and notes that some forensic offices may employ urine screening tools to assess cases for the presence of drugs. During this investigative stage, these screening products may be used in many different approaches to help make decisions. External Examination with Toxicology Screening ME/C offices may use rapid screening, often with urine dipsticks, as a screening for cases where overwhelming evidence points to a drug‐related death: for example, the decedent presents with evidence of drug usage (paraphernalia or expressed drug use history), no other relevant medical history, and no evidence of foul play. This toxicological screen is taken during an external examination; if the urine screen suggests potential drug use that led to an overdose, the ME/C office then proceeds with a comprehensive toxicology work‐up but does not proceed with autopsy. This approach does not align with NAME’s recommendation to conduct autopsies for each suspected drug overdose case and may not enable offices to capture the full sequalae of drug‐related death complications. Without an autopsy, investigators may miss important details that may suggest the cause and mechanism of death, which is valuable not only to the case but to public health entities. However, this may be a necessary strategy to deal with large caseloads and sparse resources.7 This approach may also be used in cases where the decedent has a religious exemption to autopsy. 7 Davis, G. G., Cadwallader, A. B., Fligner, C. L., Gilson, T. P., Hall, E. R., Harshbarger, K. E., Kronstrand, R., Mallak, C. T., McLemore, J. L., Middleberg, R. A., Middleton, O. L., Nelson, L. S., Rogalska, A., Tonsfeldt, E., Walterscheid, J. P., & Winecker, R. E. (2020). Position paper: Recommendations for the investigation, diagnosis, and certification of deaths related to opioid and other drugs. American Journal of Forensic Medicine and Pathology, 41(3), 152–159. https://doi.org/10.1097/PAF.0000000000000550.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Published November 2021 4 Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Triage to Inform Testing During an Autopsy Although screening tools may help relieve ME/C offices of autopsy burdens associated with drug‐related deaths, some offices may proceed with autopsies for suspected drug‐related deaths in accordance with NAME recommendations. These offices can use urine screening as a triage tool to help inform additional tests during the autopsy. For example, if a urine screen on a suspected drug‐related death is negative, the ME/C may consider conducting additional tests or collecting additional specimens outside of the standard examination, such as additional sections of vital organs, histology testing, or metabolic and genetic testing. Results of these screening tests are not shared on reports and do not impact whether comprehensive toxicology testing is ordered, but they may help suggest potential testing directions that could provide value to ME/C offices and public health. Screening for Potential Drug‐Related Deaths Rapid toxicology screening tools may help ME/C offices identify instances of drug‐related deaths in cases where a drug‐related death is not entirely apparent. Comprehensive toxicology testing is not part of every death investigation: it might not be used in cases where there is no medical history or anecdotal evidence that may suggest that the individual is a drug user. In this case, a negative screen could rule out possible intoxication and may be used to certify death as a natural cause without an autopsy. Positive screening results may also suggest the need for further toxicology testing and may also help in cases where they are considering whether drugs may have played a role in the individual’s death. ME/C offices must be diligent in ensuring execution of appropriate death investigation procedures while being mindful of realistic resource limitations. Toxicology screening tools can help these offices make informed decisions about allocating these resources. Providing Timely Information to Stakeholders in Death Investigation ME/C offices must interact with a variety of stakeholders during a death investigation. Stakeholders can range from law enforcement officers, public health and public safety communities to the family of the decedent. Although the type of information required by each stakeholder group may vary, all stakeholders stand to benefit from receiving accurate information as quickly as possible. In the case of law enforcement officers, more rapid delivery of information ensures they can conduct their investigation in an accurate and timely fashion. Additionally, law enforcement officers can use insights from individual cases to improve assumptions and situational awareness for other parallel or subsequent investigations (e.g., new opioid resulting in a spike in drug‐ related deaths in an area). In addition to law enforcement officers, the family of a decedent has their own set of requirements as stakeholders. The family of a decedent needs a death certificate, which helps them close out the individual’s accounts, process insurance claims, and ultimately help them process their loss emotionally. ME/C offices may “fast‐track” preliminary death certificates using data from rapid toxicology screening tools (and revise at a later stage if changes are needed after the comprehensive toxicology workup), which provides closure on a shorter timescale than waiting for traditional toxicological testing. Even if this information is not used for formal ME/C reports, it can provide important information to the families. Monitoring Drug Trends in Near Real-Time and Informing Budget Needs The information age has ushered in a new era for how communities approach the collection and use of data to inform decisions. This reality has become especially true for the members of the ME/C community and the demand for real‐time data on deaths, especially considering extreme circumstances like natural Needs for near real‐time drug surveillance drove King County disasters, the COVID‐19 pandemic, and the opioids epidemic. Medical Examiner’s Office in Washington State to pilot Rapid toxicology screening tools may help capture data that toxicology screening techniques to collect useful data in inform ME/C offices of drug trends. Multiple experts in the suspected cases of drug‐related deaths. The office enters ME/C community commented on how these rapid tests could toxicology screening results from blood or urine tests in their be used to provide informed numbers of drug‐related deaths Overdose Surveillance Database, and regularly disseminates quickly. Near real‐time data are not only valuable to the public this information to a network of 17 federal, state, and local and the public health community, but also help inform ME/C agencies across law enforcement and public health. offices on current and future caseloads. These data may be used to understand resource needs for budgets and staffing.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Published November 2021 5 Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices These rapid tests can also help illuminate research paths that can result in findings that have significant utility to the ME/C community. Specifically, many of the improvements revolved around the comprehensiveness of the investigation process and ensuring there are no misclassifications of cause of death. Presumptive testing may help reduce the number of drug‐related deaths overlooked each year by providing a qualitative screen to suggest further testing is required. Data comparing toxicology screening results to confirmatory toxicology workups may also help improve upon current presumptive techniques in different situations (e.g., blood and urine samples from decomposed decedents). For example, researchers from the John Jay College of Criminal Justice (The City University of New York), the Office of the Chief Medical Examiner, San Francisco, and University of California evaluated the Alere iCup DX 14 point‐of‐care urine screen test results against comprehensive toxicology testing results for postmortem urine samples. The study noted iCup sensitivity across 14 drug classes ranged from 66% to 100%, and specificity for each class ranged from 89% to 100%.8 The potential for rapid test application is not exclusive to the products in the current marketplace. The need to establish new, more The NIJ’s Forensic Science Research and comprehensive testing modalities that enable robust measurement of Development Technology Working Group, postmortem fluid samples has been a growing area of research. One identifies areas of operational needs, informed example of related National Institute of Justice‐supported efforts is by forensic practitioner stakeholders across local, the development of a microfluidic device that enables the field state, and federal laboratories, as well as private screening of cocaine and methamphetamine in oral fluid from Florida laboratories. One operational requirement is International University (NIJ Award 2013‐DN‐BX‐K032). Researchers “Development of presumptive tests (rapid, are also looking to create rapid and robust testing protocols for accurate, and nondestructive) for evidence postmortem body fluid samples, using methods like liquid analysis and interpretation at the scene and in chromatography/mass spectrometer/mass spectrometer (2006‐DB‐the morgue/lab.” Use of currently available BX‐K015) and solid phase microextraction (2003‐IJ‐CX‐K002). There is presumptive drug tests in the ME/C office may potential to develop these technologies further and move them to the ultimately drive continuous improvement and field and the ME/C space to encourage postmortem testing for a adoption of these tools. myriad of drugs. 8 Towler S, Concheiro M, Pearring S, Rodda LN. Evaluation and applicability of Alere iCup DX 14 for rapid postmortem urine drug screening at autopsy. J Forensic Sci. 2021 Jan;66(1):375‐382. doi: 10.1111/1556‐4029.14577. Epub 2020 Oct 6. PMID: 33022072.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Published November 2021 6 Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices The King County Medical Examiner’s Office Uses Rapid Testing Alongside Comprehensive Toxicology Testing to Decrease the Burden of Extended Turnaround Times. Dr. Richard Harruff is the Chief Medical Examiner and Dr. Nicole Yarid is an Associate Medical Examiner for the King County Medical Examiner’s Office in Washington State. The King County Medical Examiner’s Office has implemented rapid urine and blood toxicology screening in conjunction with comprehensive toxicology testing. Implementation of this technology was driven by a lack of up‐to‐date information on drug‐related deaths; the state laboratory had an up to 8‐ month turnaround time for comprehensive toxicology results, and statewide drug death statistics were around two years old. To address these issues and move toward a goal of near real‐time drug surveillance, the office researched the effectiveness of screening techniques to identify, and report probable overdose deaths and ultimately implemented this workflow to streamline death certification. To prioritize cases as “probable overdoses” for rapid toxicology screening: the decedent must meet at least two conditions, shown below.9 For King County pathologists to consider a case as a “probable overdose,” at least two of these conditions should apply: 1. No alternative cause of death apparent/note of intent 2. Clinical symptoms of drug overdose described by investigator 3. Suspected illicit drug substance present/reported proximal drug use 4. Suspected illicit drug paraphernalia present 5. Prescription medication over‐utilized 6. History of prior acute or illicit drug use (with overdose risk) 7. Valid hospital toxicology test result 8. Investigator/police report it as possible drug overdose, or other indication of overdose identified by medical examiner Cases meeting these conditions are subject to in‐house blood and urine testing from samples collected at autopsy. Blood samples are tested using an Evidence MultiSTAT (Randox®) automated immunoanalyzer, and urine samples are tested using One Step Detect Multi‐Panel Forensic Test (DrugTestKitUSA®) urine cups. The office also collects and tests drug evidence from a death scene investigation using a TruNarc (Thermo Scientific) Raman spectrometer, a ResQ (Rigaku) Raman spectrometer, and a MX908 (908devices) portable mass spectrometer.10 If agreement between the two screening tests points to likelihood of acute drug toxicity, the death certificate is issued as an acute drug toxicity case. In addition to using these screening techniques within the ME/C office, the King County Medical Examiner’s Office also sends samples to the Washington State Patrol Laboratory for comprehensive toxicology screening and confirmation testing. Any discrepancies between the comprehensive work‐up and screening results within the ME/C office are amended on the completed death certificate. Medicolegal death investigators in King County follow a series of steps for death certification in probable overdose cases: 1. Respond to death scene, collect evidence. 2. Conduct autopsy, with collection of blood, urine, other samples for toxicology testing. 3. Use method to prioritize cases of “probable overdoses” (see above). 4. Test urine or blood samples using rapid toxicology for cases meeting conditions of probable drug overdose. 5. Send samples to toxicology lab for confirmatory testing. 6. Issue death certificate as acute drug toxicity case if there is agreement in rapid tests. 7. Amend results based on confirmatory toxicology testing, if necessary, on completed death certificate. King County’s process for identifying possible drug overdoses and streamlining death certification has proved to add value. During their initial study, 301 of 309 suspected overdose deaths that would have been delayed by confirmatory 9 Yarid, N (2018). NAME Annual Meeting Presentation: Protocol for “Real‐Time” Surveillance of Drug Overdose Deaths in King County, Washington. https://www.thename.org/assets/2018Handouts/1.4%20‐%20Yarid%2C%20Nicole.pdf 10 The companies and technologies detailed in this brief were used by King County Medical Examiner’s office. Neither DOJ, NIJ, nor FTCOE endorse or advocate for any of these products.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Published November 2021 7 NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s toxicology testing were accurately certified based on results sensitivity ranging from 85% to 100%. The specificity of the from the Randox blood tests, and only eight required removal tests ranged from 86% to 98%. During the study period, the of a drug from the final death certificate (all eight were interval between postmortem examination to certification of correctly certified as overdose deaths). The Randox instrument death because of overdose dropped from 75 days to 31 days. can screen for 20 different drugs and drug classes, 11 whereas Based on these positive results and their strong collaborative the One Step urine cup is able to screen for 14 different drugs relationship with the Washington State Patrol toxicology and and drug classes;12 as screening tools, these tests do not cover crime laboratories, the King County Medical Examiner’s Office the full range of possible drugs but can be used for some novel is continuing this practice and leveraging screening data for psychoactive substances. The Randox results from the blood near real‐time monitoring and drug surveillance. test samples, relative to the ground truth measurements, had Lessons Learned  Collaboration across stakeholder groups is key for implementing new workflows. Buy‐in from the Washington State Patrol enabled a successful and informative pilot study.  Though screening techniques can be used to help streamline and make decisions, they should be used alongside (and not in place of) confirmatory toxicology testing. Realities of Using Rapid Toxicology Tools in ME/C Offices Although screening tools could play a role in multiple applications across workflows, they are not widely adopted by ME/Cs, or their use is experimental. Offices are often hesitant to implement screening tools into practice for numerous reasons, recognizing the technical limitations of these testing methods, gaps in currently available screening tools, and the varied return on investment. Limited Scope of Presumptive Screening Tools ME/C offices recognize the role of these tools as presumptive or “diagnostic” screening tools and are often hesitant to use them as anything beyond an informative, internal tool. As rapid screening tools, blood and urine immunoassays have limited sensitivity and specificity compared with confirmatory toxicology testing. Because of the threshold nature of the assay, these methods only provide the reliable, qualitative, binary data regarding whether a drug or drug class is present in the sample at or above a particular cutoff concentration. Although some blood immunoassay screens test for specific drugs, urine screening tools often are limited to drug classes, which lack the specificity recommended by the Centers for Disease Control and Preventions’ Vital Statistics Reporting Guidance.13 Current NAME guidelines, outlined in the 2020 NAME position paper, Recommendations for the Investigation, Diagnosis, and Certification of Deaths Related to Opioid and Other Drugs, do not reference screening tools as means to handle large numbers of suspected drug deaths, and certain uses like screening in lieu of autopsy do not align with the NAME recommendation to conduct an autopsy on every suspected drug‐related death. However, the guidance document suggests considering information like antemortem toxicology screening results (e.g., from hospital admission) and acknowledges that some offices may employ rapid urine screening tests to assess cases in the morgue. The paper notes that “screening tests alone offer generally incomplete evidence, are subject to false positives, and are thus inadequate for establishing a cause of death,” and recommends a comprehensive toxicological analysis to inform ME/C offices on controlled and illicit substances that may have contributed to 11 The full test menu for the Randox MultiSTAT can be found at 13National Center for Health Statistics. (2019). Vital statistics reporting https://www.randoxtoxicology.com/wp‐guidance: A reference guide for completing the drug certificate for drug content/uploads/2020/06/LT650TOX‐MultiSTAT‐JAN20‐LQ.pdf toxicity deaths (Report No. 2). U.S. Department of Health and Human Services, 12 The full test menu for the One Step Detect Multi Panel Forensic Test can be Centers for Disease Control and Prevention, National Vital Statistics System https://www.cdc.gov/nchs/data/nvss/vsrg/vsrg02‐508.pdf found at https://www.1stepdtx.com/product/multi‐panel‐forensic‐test‐cup‐ 10‐pack‐2/                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Published November 2021 8 NIJ Forensic Technology Center of Excellence Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices Sh a r i n g K n o w l e d g e | A d v a n c i n g T e c h n o l o g y | A d d r e s s i n g C h a l l e n g e s death.14 The 2017 NAME position paper, Recommendations for the Definition, Investigation, Postmortem Examination, and Reporting of Deaths in Custody, advises refraining from issuing preliminary results related to suspected drug intoxication. False negatives and false positives are realities of screening tools, and many offices feel uncomfortable using screening results on a death certificate without appropriate safeguards, even if they are pending. For example, King County Medical Examiner’s Office uses drug screening at autopsy, but in parallel, sends samples to the Washington State Patrol Laboratory for screening and confirmation. This allows for a more rapid death certification, and near real‐time drug surveillance but also makes sure to confirm drug conclusions from the screening at autopsy. Lack of Alignment of Current Products to Fit ME/C Screening Needs Feedback from the ME/Cs routinely featured hesitancy concerning the current state of technology available in the rapid testing space. Compared to urine, blood provides the most accurate indication of drugs that may have contributed to an individual’s death and is typically available in decedents. Though preferred for screening, most blood immunoassay screening devices are large, expensive instruments (often tens of thousands of dollars, compared to single‐use urine dipstick tests that cost a few dollars each) that may require training and maintenance. ME/Cs would find a dipstick‐style test for blood valuable for screening purposes but are currently limited to urine‐based dipstick tests. Development of inexpensive, simple blood tests may drive adoption in the future. Validation and pilot studies should be conducted anytime a new tool is implemented, and ME/C offices can lean on qualitative screening method validation recommendations for toxicology. In addition, ME/C offices must understand whether implementation of such screening tools impact current or future IACME and NAME office accreditation, in accordance with their guidelines. Limited Return on Investment in Some ME/C Offices As screening tools, use of these methods in ME/C workflows should be followed by comprehensive toxicology testing at a laboratory when appropriate. The return on investment, however, may not be high in well‐resourced ME/C offices that have access to comprehensive toxicology resources with low turnaround times, whether in‐house or contracted. In offices where resource allocation decisions are easier, these tools may be redundant and offer limited value. Summary ME/C offices need to make difficult resource allocation decisions, which are increasingly complicated by drug‐related deaths from the opioids epidemic and continuous emerging drug threats, workforce shortages, and long turnaround times for toxicology testing and death certification. Rapid toxicology screening tools, such as urine and blood immunoassays, can provide useful information that may help inform pending death certifications, enlighten decisions during medicolegal death investigations (in accordance with office policies), and inform families of decedents, and other stakeholders interested in near real‐time surveillance data. Despite experimentation with these methods by some ME/Cs, users agree that the technology is not mature enough or analytically reliable enough to replace traditional toxicology. Although an informative tool, these screening tests are presumptive and must be treated as such; their sensitivity and specificity are lower than comprehensive toxicology testing, and few on‐market screening products fit the needs of ME/C offices. Implementation of these screening tools is not a “silver bullet” in addressing systemic workforce and resource issues. These tools may have more use in helping address long turnaround times in smaller, resource‐challenged offices. 14 Davis, G. G., Cadwallader, A. B., Fligner, C. L., Gilson, T. P., Hall, E. R., Harshbarger, K. E., Kronstrand, R., Mallak, C. T., McLemore, J. L., Middleberg, R. A., Middleton, O. L., Nelson, L. S., Rogalska, A., Tonsfeldt, E., Walterscheid, J. P., & Winecker, R. E. (2020). Position paper: Recommendations for the investigation, diagnosis, and certification of deaths related to opioid and other drugs. American Journal of Forensic Medicine and Pathology, 41(3), 152–159. https://doi.org/10.1097/PAF.0000000000000550.                                                                                                                                                                                                                                                                                                                  NIJ Forensic Technology Center of Excellence Visit us at www.forensiccoe.org | ForensicCOE@rti.org | 866.252.8415 RTI International 3040 E. Cornwallis Road PO Box 12194, Research Triangle Park, NC 27709 USA @ForensicCOE #FTCoE inf t Sh a r i n g K n o w l e d g e | A d v a n c i n g T e ch n o l o g y | A d d r e s s i n g C h a l l e n g e s Acknowledgments Thank you to the following experts for providing their insights to this document:  Dr. Richard Harruff and Dr. Nicole Yarid, King County Medical Examiner’s Office, Washington.  Dr. Luke Rodda, Office of the Chief Medical Examiner, City and County of San Francisco, California.  Dr. Jeffrey Johnston, Maricopa County Office of the Medical Examiner, Arizona.  Dr. James Caruso, Office of the Medical Examiner, City and County of Denver, Colorado.  Dr. Craig Nelson, North Carolina Office of the Chief Medical Examiner.  Dr. Jeri McLemore, Wake Forest Baptist Medical Center, North Carolina.  Kelly Keyes, RTI International Image Credits Page 1—Gorodenkoff. (n.d.). Close up shot of a scientist in gloves using micro pipette and taking a red chemical liquid or blood for testing on a microscope. Microbiologist working in laboratory with technological equipment. https://www.shutterstock.com/image‐photo/close‐shot‐scientist‐gloves‐ using‐micro‐1914742102 Suggested Citation Shute, R., Bollinger, K., Tucker, M., & Ropero‐Miller, JD. (2021). Use of rapid toxicology screening tools in medical examiner/coroner offices. U.S. Department of Justice, National Institute of Justice, Office of Investigative and Forensic Sciences. Published November 2021 More Information FTCoE Contact Jeri Ropero-Miller, PhD, F-ABFT Director, FTCoE, RTI International jerimiller@rti.org NIJ Contact Jonathan McGrath, PhD, MSFS Senior Policy Analyst Office of Investigative and Forensic Sciences Jonathan.McGrath@usdoj.gov Technical Contact Katherine Bollinger, Jeri Ropero-Miller, MS, D-ABFT-FT PhD, F-ABFT RTI International Director, FTCoE, RTI kbollinger@rti.org International jerimiller@rti.org Disclaimer The NIJ FTCoE, led by RTI International, is supported through a Cooperative Agreement from the NIJ (2016-MU-BX-K110), Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components are responsible for, or necessarily endorse, this in-brief. NIJ is the research, development, and evaluation agency of the U.S. Department of Justice. NIJ is dedicated to improving knowledge and understanding of crime and justice issues through science. NIJ provides objective and independent knowledge and tools to inform the decision-making of the criminal and juvenile justice communities to reduce crime and advance justice, particularly at the state and local levels. The NIJ Office of Investigative and Forensic Sciences (OIFS) is the federal government’s lead agency for forensic science research and development. OIFS' mission is to improve the quality and practice of forensic science through innovative solutions that support research and development, testing and evaluation, technology, information exchange, and the development of training resources for the criminal justice community. Public Domain Notice All material appearing in this publication is in the public domain and may be reproduced or copied without permission from the U.S. Department of Justice (DOJ). However, this publication may not be reproduced or distributed for a fee without the specific, written authorization of DOJ. Citation of the source is appreciated. Published November 2021 9 Whilst the prevalence of Xylazine is showing no sign of decreasing, Randox Toxicology continue to lead in new test development within the ever-changing drugs of abuse market. Our newly established test for xylazine is the first immunoassay test in the world for this drug of abuse. Xylazine Assay Xylazine is an analgesic drug primarily used within the veterinary industry as a tranquilizer. It has not been approved for human use, however, in recent years it has been linked to the USAs illicit drug supply. Studies continue to see the drug, which is not deemed an opioid, used as an additive in heroin and illicit fentanyl, and the severity of its side effects remain a concern: depressed breathing, blood pressure, heart rate and body temperature to critical levels. What is Xylazine? Street Names: Tranq, Tranq Dope, Sleep-Cut, Philly Dope and Zombie Drug Available On:Coming Soon: ELISA Evidence MultiSTAT Source: https://injuryprevention.bmj.com/content/27/4/395 Nu m b e r o f D e a t h s Pe r c e n t a g e o f D e a t h s 1000 100% 900 90% 800 80% 700 70% 600 60% 500 50% 400 40% 300 30% 200 20% 100 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 10% 0 0% Total number of heroin and/or fentanyl deaths Percentage of heroin and/or fentanyl involved overdose deaths where xylazine was detected Are you seeing this trend? Get in touch:info@randoxtoxicology.com New Product Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 17, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Behavioral Health Transportation Pilot Program – Patty Wagon Invoice Background/Executive Summary: The Patty Wagon contracted with Mason County for the delivery of the Behavioral Health and Recovery Support Transportation Program over the contract term February 1, 2022 through December 31, 2023 with a total budget of $80,000. The pilot program ended ~8 months early in May 2023. The pilot budget was exceeded, and the contractor has submitted a final invoice for these expenses. Budget Impact (amount, funding source, budget amendment): Treatment Sales Tax - $15,165.32 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Commissioner discussion and approval to pay balance for BH Transportation Pilot Attachments: Patty Wagon Invoice MC Contract #22-006 INVOICE THE PATTY WAGON INC. 581 SE FIREWEED RD. SHELTON WA. 98584 EIN – 45-5463265 INVOICE # R2R/07012023 DATE: 7-1-2023 DATE DUE: 8-2-2023 TO Melissa Casey Road 2 Recovery NAME DESCRIPTION MILEAGE/ HOURS TRIPS AMOUNT OWED Transportatio n and Labor Billing Invoice 4/20/2023 Communication w/the client and/or the organization, scheduling, dispatching and coordination with the driver, transporting the client to and from their appointment s, fuel cost, etc during the month of March 2624 Miles 271 $ 13,066.11 Amount Paid on 5/2/2023 $ 6,462.19 $ 6,603.92 Payment received after 30 days and additional 1.5% interest charge will be added. $ 198.12 $ 6,802.04 Transportatio n and Labor Billing Invoice 5/10/2023 Communication w/the client and/or the organization, scheduling, dispatching and coordination with the driver, transporting the client to and from their appointment s, fuel cost, etc during the month of April 1396 Miles 244 $ 8,239.68 Amount Paid $ 0.00 $ 8,239.68 Payment received after 30 days and additional 1.5% interest charge will be added. $ 123.60 $ 8,363.28 TOTAL $ 15,165.32 Thank you for your business! Enclosed are the original trip slips for trips preformed – Please include this invoice number with your payment. In exchange for services, payment will be net 30 days. For payment received after 30days, a 1 ½ % per month interest charge will be applied. If you need any assistance, please call the office at 360 -427-0202 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert, Noxious Weed Control Board Coordinator Ext. 592 Department: WSU Extension Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Amendment No.1 Contract No. K3547 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for continuation of a project to control invasive knotweed within the riparian corridors of Mason County. Background/Executive Summary: Amendment No.1 Contract No. K3547 will continue the project to control invasive knotweed within the riparian corridors of Mason County for the performance period of July 1, 2023 and June 30, 2025. Budget Impact (amount, funding source, budget amendment): Contract amount $20,000. 2023 $6,000 (no impact to current budget), 2024 $12,000, 2025 $2,000. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Commissioner approval and signature on Amendment No.1 Contract K3547. Attachments: Amendment No.1 Contract No. K3547 Contract Number: K3547 Page 1 of 1 AMENDMENT NO. 1 CONTRACT NO. K3547 BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD Contract number K3547, including any subsequent modifications thereto, between the Washington State Department of Agriculture and Mason County and its agent Mason County Noxious Weed Control Board, is hereby amended under the provisions of the Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto, as follows: • The end date of the “Period of Performance” is extended from June 30, 2023, to June 30, 2025, unless terminated sooner as provided by the original contract. • Adds $20,000 to the contract, available July 1, 2023, to June 30, 2025. • All previously awarded funds ($20,000) do not carry over and must be spent by June 30, 2023. • Funds added by this Amendment will be used to continue Knotweed control activities as described in the “Plan of Work” during the period, July 1, 2023, to June 30, 2025. • All “Deliverables” remain same as original contract with annual reports due December 1, 2023, and December 1, 2024. • Funds available July 1, 2021, to June 30, 2023: $20,000.00 Funds available July 1, 2023, to June 30, 2025: 1. Contracted Services…………………………………………………..$4,000.00 2. Salaries and benefits..………………….…………………………...$13,500.00 3. Supplies, equipment, and travel……………………………………..$1,825.00 4. Indirect (cannot exceed 5% of salaries and benefits) …..….……….$675.00 Total funds available July 1, 2023, to June 30, 2025 : $20,000.00 Contract K3547 Total $40,000.00 ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have executed this amendment. WASHINGTON STATE MASON COUNTY DEPARTMENT OF AGRICULTURE BY: BY: TITLE: TITLE: Chair, Commissioner DATE: DATE: After July 1, 2023 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Paddy McGuire & Patsy Robinson Ext. 206 Department: Superior Court Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☒ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Justice AV Solutions (JAVS) Upgrade Background/Executive Summary: The Superior and District Courts use JAVS to record official proceedings. The version of JAVS that is currently being used will become unsupported on December 31, 2023 and must be upgraded this year. Superior Court is requesting funding for the three courtrooms in the Courthouse, plus Juvenile Court and Building 6. District Court is requesting funding for the two courtrooms in Building 10. Budget Impact (amount, funding source, budget amendment): For Superior Court $27,185.30. For District Court $4,194.24. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Justice AV Solutions (JAVS) upgrade in the amounts of $27,185.30 for Superior Court and $4,194.24 for District Court. Attachments: Quote Mason County Agenda Request Form To: Board of Mason County Commissioners From: Paddy McGuire Ext. 206 Department: Superior Court Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Juvenile Detention Alternatives Initiative (JDAI) Grant Contract SFY 2023-2025 Background/Executive Summary: The Juvenile Detention Alternative is a nationwide effort created by the Annie E. Casey Foundation to reduce the use of detention and increase the use of more effective interventions. Mason County has been a JDAI site since 2009 and received a yearly grant to help support the efforts. These grant funds enable the County to provide staff support and create and implement alternative programming in lieu of detention. Budget Impact (amount, funding source, budget amendment): There are no matching funds requirements for this grant. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Juvenile Detention Alternatives Initiative (JDAI) implementation County Program Agreement with the State of Washington Department of Children, Youth, & Families (DCYF) agreement no. 2363-50084 for SFY 2023-2025 for the maximum agreement amount of $56,000. Attachments: Agreement COUNTY PROGRAM AGREEMENT JDAI Implementation DCYF Agreement Number 2363-50084 This Program Agreement is by and between the State of Washington Department of Children, Youth & Families (DCYF) and the County identified below. Administration or Division Agreement Number County Agreement Number DCYF ADMINISTRATION Department of Children, Youth, and Families DCYF DIVISION Children, Youth and Families DCYF INDEX NUMBER 1229 DCYF CONTRACT CODE 2000CC-63 DCYF CONTACT NAME AND TITLE Jenny Young Program Coordinator DCYF CONTACT ADDRESS 1115 Washington St SE Olympia, WA 98504-5828 DCYF CONTACT TELEPHONE (360)522-2320 DCYF CONTACT FAX Click here to enter text. DCYF CONTACT E-MAIL jenny.young@dcyf.wa.gov COUNTY NAME Mason County COUNTY ADDRESS Mason County Juvenile Court PO Box 368 Shelton, WA 98584 COUNTY FEDERAL EMPLOYER IDENTIFICATION NUMBER COUNTY CONTACT NAME Mike Dunn COUNTY CONTACT TELEPHONE (360) 427-9670 COUNTY CONTACT FAX COUNTY CONTACT E-MAIL Mfd@masoncountywa.gov IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM AGREEMENT? No CFDA NUMBERS PROGRAM AGREEMENT START DATE 07/01/2023 PROGRAM AGREEMENT END DATE 06/30/2025 MAXIMUM PROGRAM AGREEMENT AMOUNT $56,000.00 EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: Exhibits (specify): No Data Security Exhibit , Exhibit A: Statement of Work, Exhibit B: Approved Budget No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This C ontract shall be binding on DCYF only upon signature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S) AND TITLE(S) DATE(S) SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 2 1. Definitions. The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. “Agreement” means this Department of Children Youth & Families (DCYF) County Agreement on General Terms and Conditions and any exhibits and other documents attached or incorporated by reference. Unless plainly inconsistent with context, the term “Agreement” includes and refers to all such agreements collectively. b. “CFR” means the Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. c. “County” means the political subdivision of the state of Washington named above performing services pursuant to this Agreement and any Program Agreement. d. “County Representative” means an individual in the position of County Manager, County Administrator, County Executive, or other similar position which reports to the highest governing body responsible for the subject matter of the Agreement or applicable Program Agreement(s). e. DCYF Contracts Administrator” means the individual in the DCYF Contracts Department with oversight authority for the Department of Children Youth & Families statewide agency contracting procedures, or their appropriate designee. f. “DCYF Contracts Department” means the Department of Children Youth & Families statewide agency headquarters contracting office, or successor section or office. g. “DCYF Representative” means any DCYF employee who has been delegated contract-signing authority by the DCYF Secretary or his/her designee. h. “Department of Children, Youth & Families” or “DCYF” means the Washington agency devoted exclusively to serve and support Washington state’s youth and their families. i. “Debarment” means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. j. “General Terms and Conditions” means the contractual provisions contained within this Agreement, which govern the contractual relationship between DCYF and the County, under the Program Agreements subsidiary to and incorporating therein by reference this Agreement. k. “Program Agreement” or “County Program Agreement” means a written agreement between DCYF and the County containing special terms and conditions, including a statement of work to be performed by the County and payment to be made by DCYF. This term may also refer to an agreement between DCYF and the County, which was transferred to DCYF by operation of law. l. “RCW” means the Revised Code of Washington. All references in this Agreement and any Program Agreement to RCW chapters or sections shall include any successor, amended, or replacement statute. m. “Secretary” means the individual appointed by the Governor, State of Washington, as the head of DCYF, or his/her designee. n. “Subcontract” means a separate Agreement between the County and an individual or entity (“Subcontractor”) to perform all or a portion of the duties and obligations that the County shall General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 3 perform pursuant to any Program Agreement. o. “USC” means the United States Code. All references in this Agreement and any Program Agreement to USC chapters or sections shall include any successor, amended, or replacement statute. p. “WAC” means the Washington Administrative Code. All references in this Agreement and any Program Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. 2. Amendment. This Agreement, or any term or condition thereof, may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 3. Assignment. Except as otherwise provided herein in Section 21, the County shall not assign rights or obligations derived from this Agreement or any Program Agreement to a third party without the prior, written consent of the DCYF Contracts Administrator and the written assumption of the County’s obligations by the third party. 4. Billing Limitations. Unless otherwise specified in a Program Agreement, DCYF shall not pay any claims for services submitted more than twelve (12) months after the calendar month in which the services were performed. 5. Compliance with Applicable Law. At all times during the term of this Agreement and any Program Agreement, the County and DCYF shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 6. County Certification Regarding Ethics. By signing this Agreement, the County certifies that the County is in compliance with Chapter 42.23 RCW and shall comply with Chapter 42.23 RCW throughout the term of this Agreement and any Program Agreement. 7. Debarment Certification. The County, by signature to this Agreement, certifies that the County is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement or any Program Agreement by any federal department or agency. The County also agrees to include the above requirement in all subcontracts into which it enters. 8. Disputes. Both DCYF and the County (“Parties”) agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of the Agreement or applicable Program Agreement(s), either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If the managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency’s respective operational protocols, to the Secretary of DCYF (“Secretary”) and the County Representative or their deputy or designated delegate. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and the County Representative. General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 4 Upon receipt of the referral and relevant documentation, the Secretary and County Representative will confer to consider the potential options for resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and County Representative may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and County Representative are unable to come to a mutually acceptable decision within fifteen (15) days, they may agree to issue an extension to allow for more time. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under the Agreement or applicable Program Agreement(s) that are not affected by the dispute. The final decision will be put in writing and will be signed by both the Secretary and County Representative. If the Agreement is active at the time of resolution and amendment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate the final decision into the Agreement. If this dispute process is used, the resolution decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reserves the right to litigate issues de novo in court. 9. Entire Agreement. This Agreement and any Program Agreement, including all documents attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upon by the parties. Upon execution of any Program Agreement, this Agreement shall be considered incorporated into that Program Agreement by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement or any Program Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the state of Washington govern this Agreement. In the event of a lawsuit by the County against DCYF involving this Agreement or a Program Agreement, venue shall be proper only in Thurston County, Washington. In the event of a lawsuit by DCYF against the County involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW 36.01.050. 11. Responsibility. Each party to this Agreement shall be responsible for the negligence of its officers, employees, and agents in the performance of any Program Agreement. No party to this Agreement or any Program Agreement shall be responsible for the acts and/or omissions of entities or individuals not party to this Agreement and any Program Agreement. DCYF and the County shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that such cooperation may not be feasible in all circumstances. DCYF and the County agree to notify the attorneys of record in any tort lawsuit where both are parties if either DCYF or the County enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible thereafter, and the notice may be either written or oral. 12. Independent Status. For purposes of this Agreement and any Program Agreement, the County acknowledges that the County is not an officer, employee, or agent of DCYF or the state of Washington. The County shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of DCYF or the state of Washington. The County shall not claim for itself or its employees any rights, privileges, or benefits which would accrue to an employee of the state of Washington. The County shall indemnify and hold harmless DCYF from all obligations to pay or withhold federal or state taxes or contributions on behalf of the County or the County’s employees. 13. Inspection. Either party may request reasonable access to the other party’s records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party’s compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 5 Program Agreement and for one (1) year following termination or expiration of the Program Agreement, the parties shall, upon receiving reasonable written notice, provide the other party with access to its place of business and to its records which are relevant to its compliance with this Agreement, any Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party’s records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. 14. Insurance. DCYF certifies that it is self-insured under the State’s self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. The County certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverage as required in any Program Agreements. The County shall pay for losses for which it is found liable. 15. Maintenance of Records. During the term of this Agreement and for six (6) years following termination or expiration of this Agreement, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Agreement; b. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the County’s invoices to DCYF and all expenditures made by the County to perform as required by this Agreement. 16. Operation of General Terms and Conditions. These General Terms and Conditions shall be incorporated by reference into each Program Agreement between the County and DCYF in effect on or after the start date of this Agreement. These General Terms and Conditions govern and apply only to work performed under Program Agreements between the parties. 17. Order of Precedence. In the event of an inconsistency in this Agreement and any Program Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable federal and state of Washington statutes and regulations; b. This Agreement; c. The Program Agreement(s). 18. Ownership of Material. Material created by the County and paid for by DCYF as a part of any Program Agreement shall be owned by DCYF and shall be “work made for hire” as defined by 17 USC§ 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the County uses to perform a Program Agreement but is not created for or paid for by DCYF is owned by the County and is not “work made for hire”; however, DCYF shall have a perpetual license to use this material for DCYF internal purposes at no charge to DCYF, provided that such license shall be limited to the extent which the County has a right to grant such a license. 19. Severability. The provisions of this Agreement and any Program Agreement are severable. If any court holds invalid any provision of this Agreement or a Program Agreement, including any provision of any document incorporated herein or therein by reference, that invalidity shall not affect the other provisions this Agreement or that Program Agreement. 20. Subcontracting. The County may subcontract services to be provided under a Program Agreement, General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 6 unless otherwise specified in that Program Agreement. If DCYF, the County, and a subcontractor of the County are found by a jury or other trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission under this Agreement or any Program Agreement, then DCYF shall be responsible for its proportionate share, and the County shall be responsible for its proportionate share. Should a subcontractor to the County pursuant to a Program Agreement be unable to satisfy its joint and several liability, DCYF and the County shall share in the subcontractor’s unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the trier of fact. Nothing in this section shall be construed as creating a right or remedy of any kind or nature in any person or party other than DCYF and the County. This provision shall not apply in the event of a settlement by either DCYF or the County. 21. Subrecipients. a. General. If the County is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the County will: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the County is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the County and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. b. Single Audit Act Compliance. If the County is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the County will procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the County will: (1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a “Summary Schedule of Prior Audit Findings” reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 7 c. Overpayments. If it is determined by DCYF, or during the course of a required audit, that the County has been paid unallowable costs under this or any Program Agreement, DCYF may require the County to reimburse DCYF in accordance with 2 CFR Part 200. 22. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration of a particular Program Agreement shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, Inspection, Maintenance of Records, Ownership of Material, Subcontracting, Termination for Default, Termination Procedure, and Title to Property. 23. Termination Due to Change in Funding, Agreement Renegotiation or Suspension. If the funds DCYF relied upon to establish any Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this Agreement but prior to the normal completion of any Program Agreement: a. At DCYF’s discretion, the Program Agreement may be renegotiated under the revised funding conditions. b. Upon no less than fifteen (15) calendar days’ advance written notice to County, DCYF may suspend County’s performance of any Program Agreement when DCYF determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow the County’s performance to be resumed prior to the normal completion date of the Program Agreement. For purposes of this sub-section, “written notice” may include email. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it will give the County written notice to resume performance. Upon the receipt of this notice, the County will provide written notice to DCYF informing DCYF whether it can resume performance and, if so, the date of resumption. (3) If the County’s proposed resumption date is not acceptable to DCYF and an acceptable date cannot be negotiated, DCYF may terminate the Program Agreement by giving written notice to the County. The parties agree that the Program Agreement will be terminated retroactive to the effective date of suspension. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the retroactive date of termination. c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendar days’ advance written notice to the County. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the effective date of termination. No penalty shall accrue to DCYF in the event the termination option in this section is exercised. 24. Termination for Convenience. The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreement or any Program Agreement in whole or in part for convenience by giving the County at least thirty (30) calendar days’ written notice addressed to the County at the address shown on the cover page of the applicable agreement. The County may terminate this Agreement and any Program Agreement for convenience by giving DCYF at least thirty (30) calendar days’ written notice addressed to: DCYF Contracts Department, PO Box 45710, Olympia, Washington 98504-5710. 25. Termination for Default. General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 8 a. The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to the County, if DCYF has a reasonable basis to believe that the County has: (1) Failed to meet or maintain any requirement for contracting with DCYF; (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Program Agreement; or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. b. Before the DCYF Contracts Administrator, or their appropriate designee, may terminate this Agreement or any Program Agreement for default, DCYF shall provide the County with written notice of the County’s noncompliance with the agreement and provide the County a reasonable opportunity to correct the County’s noncompliance. If the County does not correct the County’s noncompliance within the period of time specified in the written notice of noncompliance, the DCYF Contracts Administrator, or appropriate designee, may then terminate the agreement. The DCYF Contracts Administrator may terminate the agreement for default without such written notice and without opportunity for correction if DCYF has a reasonable basis to believe that a Client’s health or safety is in jeopardy. c. The County may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to DCYF, if the County has a reasonable basis to believe that DCYF has: (1) Failed to meet or maintain any requirement for contracting with the County; (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Program Agreement; and/or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. d. Before the County may terminate this Agreement or any Program Agreement for default, the County shall provide DCYF with written notice of DCYF’s noncompliance with the agreement and provide DCYF a reasonable opportunity to correct DCYF’s noncompliance. If DCYF does not correct DCYF’s noncompliance within the period of time specified in the written notice of noncompliance, the County may then terminate the agreement. 26. Termination Procedure. The following provisions apply in the event this Agreement or any Program Agreement is terminated: a. The County shall cease to perform any services required by the Program Agreement as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination which are related to the transfer of clients, distribution of property, and termination of services. b. The County shall promptly deliver to the DCYF contact person (or to his or her successor) listed on the first page of the Program Agreement, all DCYF assets (property) in the County’s possession, including any material created under the Program Agreement. Upon failure to return DCYF property within fifteen (15) working days of the Program Agreement termination, the County shall be charged General Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 9 with all reasonable costs of recovery, including transportation. The County shall take reasonable steps to protect and preserve any property of DCYF that is in the possession of the County pending return to DCYF. c. DCYF shall be liable for and shall pay for only those services authorized and provided through the effective date of termination. DCYF may pay an amount mutually agreed by the parties for partially completed work and services, if work products are useful to or usable by DCYF. d. If the DCYF Contracts Administrator terminates any Program Agreement for default, DCYF may withhold a sum from the final payment to the County that DCYF determines is necessary to protect DCYF against loss or additional liability occasioned by the alleged default. DCYF shall be entitled to all remedies available at law, in equity, or under the Program Agreement. If it is later determined that the County was not in default, or if the County terminated the Program Agreement for default, the County shall be entitled to all remedies available at law, in equity, or under the Program Agreement. 27. Treatment of Client Property. Unless otherwise provided in the applicable Program Agreement, the County shall ensure that any adult client receiving services from the County under a Program Agreement has unrestricted access to the client’s personal property. The County shall not interfere with any adult client’s ownership, possession, or use of the client’s property. The County shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client’s age, development, and needs. Upon termination or completion of the Program Agreement, the County shall promptly release to the client and/or the client’s guardian or custodian all of the client’s personal property. This section does not prohibit the County from implementing such lawful and reasonable policies, procedures and practices as the County deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients’ access to, or possession or use of, lawful or unlawful weapons and drugs). 28. Title to Property. Title to all property purchased or furnished by DCYF for use by the County during the term of a Program Agreement shall remain with DCYF. Title to all property purchased or furnished by the County for which the County is entitled to reimbursement by DCYF under a Program Agreement shall pass to and vest in DCYF. The County shall take reasonable steps to protect and maintain all DCYF property in its possession against loss or damage and shall return DCYF property to DCYF upon termination or expiration of the Program Agreement pursuant to which it was purchased or furnished, reasonable wear and tear excepted. 29. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. No waiver shall be construed to be a modification of the terms and conditions of this Agreement unless amended as set forth in Section 2, Amendment. Only the DCYF Contracts Administrator or designee has the authority to waive any term or condition of this Agreement on behalf of DCYF. Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 10 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. “DCYF” means the Department of Children, Youth, and Families. b. “OJJ” means the Office of Juvenile Justice under the DCYF. c. “JDAI” means the Juvenile Detention Alternatives Initiative that the Washington State Partnership Council on Juvenile Justice, in partnership with seven county juvenile courts has adopted as a detention reform and system improvement initiative. d. “DRAI” means the Detention Risk Assessment Instrument. e. “EBP” means Evidence Based Practices. f. “WSIPP” means the Washington State Institute for Public Policy. g. “EHM” means Electronic Home Monitoring. 2. Purpose. To provide funding to the seven JDAI jurisdictions in the state in order to support their implementation of the JDAI Core Strategies. 3. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Exhibit A: Statement of Work – JDAI Implementation, attached and incorporated by reference herein. 4. Approved Budget. Contractor’s Budget for providing services under this Contract is attached as Exhibit B. 5. Background Checks and Sexual Misconduct. Contractors and each of their employees, subcontractors and/or volunteers, who may have unsupervised access to clients, shall have a cleared and approved current criminal history and background check. 6. Billing and Payment: a. The Contractor shall submit a Financial Report Form, (format to be provided by OJJ), to the assigned Contract Manager on a monthly or quarterly basis depending on the Contractor’s preference. Financial Reports may not be submitted for any period less than one month or more than three months. b. The Contractor’s Financial Report Form shall be submitted no later than 30 days past the last day of the month, in which services were provided. c. DCYF shall pay the Contractor upon acceptance of a properly completed Financial Report. d. Payment shall be considered timely if made by DCYF within 30 days after the receipt of the properly completed invoice. e. Payment shall be sent to the Contractor’s address on page one of this Contract. f. The Contractor accepts the DCYF payment as the sole and complete payment for the services provided under this contract. g. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 11 services provided which are not authorized or are not provided in accordance with this “Statement of Work.” If DCYF pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract’s “Statement of Work,” the amount paid shall be considered to be an overpayment. h. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and provided through the date of termination. 7. Prohibition of Use of Funds for Lobbying Activities. The Contractor shall not use funds payable under the Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract, at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as may be provided by law. 8. Administrative Records. The Contractor shall retain all fiscal records that substantiate all costs charged to DCYF under this Contract. 9. Resolution of Differences. In the event of any differences between the parties on matters related to the interpretation and implementation of this Contract, the parties shall first attempt to resolve the difference informally between themselves at the local or regional level, by following the regional conflict resolution process. If the parties are unable to resolve their difference as stated above, then either party may submit a request for dispute resolution as provided in the section, Disputes below. 10. Disputes. a. Either party who has a dispute concerning this Contract may submit a written request for dispute resolution. The amount of any rate set by law, regulation, or DCYF policy is not disputable. A party’s written request for dispute resolution must include: (1) A statement identifying the issue(s) in dispute; and (2) Contractor’s name, address and contract number. b. The request must be mailed to the following address within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue, which is disputed. c. A copy of the current DCYF’s dispute resolution process is available at any time by written request. d. Requests for dispute resolution or for a copy of the current DCYF’s dispute resolution process should be sent to: Department of Children, Youth & Families Attention Contracts Unit P.O. Box 40983 Olympia, WA 98504-0983 Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 12 e. This dispute resolution process is the sole administrative remedy available under this Contract. 11. Quality and Outcome Measures (Performance Based Contracting). Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by RCW 43.216.015. The purpose of this change is to help achieve DCYF’s long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity. a. DCYF Outcome Goals for Children, Youth, and Families supported by Office of Juvenile Justice contracts include: (1) Youth will experience an increase in school engagement. (2) High School Graduation rates are increased (3) Youth development will be supported and not hindered through program and system implementation (4) Youth Mental/Health will improve as a result of programs provided by contractors b. OJJ Client Service Contract QUALITY Metrics: Contractor Level (1) Contractor is required to submit quarter reports on time & accurately. Failure to do so will result in invoices being held for payment until reports are received. c. OJJ Client Service Contract OUTCOME Metrics: System Level (1) The system will work to identify and add programs to the WISPP EBP list of best practices and promising programs. OJJ will add at least one program every 3 years to the WISPP EBP list to support better practices for youth and families served. Failure to do so will result in OJJ identifying additional funding to achieve the above-mentioned target. Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 13 Exhibit A—STATEMENT OF WORK Mason County JDAI Implementation 1. Contractor Obligations. Mason County Juvenile Court shall: a. Work to achieve the goals outlined in the submitted Implementation Plan; incorporated by reference herein: (1) Reduce overrepresentation of youth of color in the Mason Co. Juvenile Court System: a) Increase staff awareness and knowledge of racial and ethnic equity. b) Increase staff awareness and competence about sexual orientation, gender identity, and gender expression. c) Provide training to staff as opportunities arise. (2) Reduce admissions to the Mason County Juvenile Detention Center: a) Fund an electronic home monitoring program for appropriate pre and post-adjudicated youth. b) Finalize a contract with Affordable EHM to provide EHM services to Mason County court involved youth. b. Complete and submit the following Quarterly Data Report: Admissions to Detention by the 30th of each month following the end of the quarter. 2. JDAI Quality Assurance Requirements: Mason Counties Juvenile Court shall: a. Participate in monthly one-on-one conference calls with the JDAI State Coordinator; b. Participate in quarterly Local JDAI Site Coordinator Conference Calls; and c. Attend and participate in the JDAI State Steering Committee Meetings. The Office of Juvenile Justice shall: a. Provide technical support to the Contractor upon request. b. Conduct two site visits as Public Health policies allow. 3. Deliverables. The deliverables include the following reports due to the JDAI State Coordinator per the due dates outlined below. a. Quarterly Progress Reports (aka: Stoplight Report) and Quarterly Data Reports by the 30th of the month following the end of the quarter: October 30th, January 30th, April 30th, and July 30th. b. Financial Reports to be submitted on a quarterly basis (October 30th, January 30th, April 30th, and July 30th) at a minimum; however, monthly submissions are also acceptable. c. Annual Data Report due by March 15th, 2024 for the 2023 Calendar Year and by March 15th, 2025 for the 2024 Calendar Year. 4. Consideration: The total maximum consideration payable to the Contractor for satisfactory performance of the work under this Contract is $28,000 (Fiscal Year 1) and $28,000 (Fiscal Year 2) for activities occurring Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 14 between July 1, 2023 and June 30, 2025 including any and all expenses, and shall be based upon Exhibit B: JDAI Site Implementation Budget, attached and incorporated by reference herein. All quarterly data reports and progress reports must be received prior to payment of invoices submitted to the JDAI State Coordinator. Invoices submitted without quarterly data reports and progress reports will be held until required reports are submitted. All grant funds for Fiscal Year 1 must be expended by June 30, 2024. All grant funds for Fiscal Year 2 must be expended by June 30, 2025. No unspent funding from the Fiscal Year 1 Budget may be carried over into the Fiscal Year 2 Budget. Up to 10% of the total budget may be moved between the line items or categories without an amendment with prior written approval from the OJJ Director or designated Contracts Manager. Contractor shall provide a written request for any changes and an updated budget proposal when needed. Any budget amendments over 10% must obtain an approved contract amendment and updated approved budget prior to any expenditures being made. Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 15 Exhibit B—APPROVED BUDGET Mason County JDAI Implementation OFFICE OF JUVENILE JUSTICE Department of Children, Youth and Families 1500 Jefferson Ave., Olympia, WA 98501 APPROVED BUDGET AND SPECIAL CONDITIONS JJ-2 GRANT AWARD CONTRACT #: FUND SOURCE: DATE: I-501-00523 General Fund 7/1/2023 PROJECT TITLE: JDAI Implementation: Year 1 PROJECT PERIOD: 7/1/2023 to 6/30/2024 This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $21,650 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- KIND MATCH $0.00 0.00% OTHER SERVICES AND CHARGES $4,350 PROJECT INCOME $0.00 0.00% EQUIPMENT CAPITAL/OUTLAY $300.00 OTHER FUNDS $28,000 100.0% TRAVEL $200 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $28,000 TOTAL PROJECT FUNDS $28,000 100% SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Carly Ward, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Mike Dunn, 360-427-9670 ext.334 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 30, 2023 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Special Terms and Conditions Department of Children, Youth & Families 2017CF County Program Agreement 6-24-20 Page 16 OFFICE OF JUVENILE JUSTICE Department of Children, Youth and Families 1500 Jefferson Ave., Olympia, WA 98501 APPROVED BUDGET AND SPECIAL CONDITIONS JJ-2 GRANT AWARD CONTRACT #: FUND SOURCE: DATE: I-501-00523 General Fund 7/1/2023 PROJECT TITLE: JDAI Implementation: Year 2 PROJECT PERIOD: 7/1/2024 to 6/30/2025 This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $21,650 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- KIND MATCH $0.00 0.00% OTHER SERVICES AND CHARGES $4,350 PROJECT INCOME $0.00 0.00% EQUIPMENT CAPITAL/OUTLAY $300.00 OTHER FUNDS $28,000 100.0% TRAVEL $200 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $28,000 TOTAL PROJECT FUNDS $28,000 100% SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Carly Ward, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Mike Dunn, 360-427-9670 ext.334 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 30, 2024 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Hood Canal Regional Pollution Identification Correction Program 4 Contract Background/Executive Summary: Mason County Public Health and Human Services and the Hood Canal Coordinating Council (HCCC) had a contract which expired at the end of 2022 to perform Pollution Identification and Correction work in Hood Canal. A portion of the funding remained unspent at the end of the contract period. We have received a new contract from HCCC to use the remaining funds through the end of Sept. 2023. Budget Impact (amount, funding source, budget amendment): Additional $44,546.00 Public Outreach (news release, community meeting, etc.): None Requested Action: Approval for the Chair to sign the Hood Canal Regional Pollution Identification Correction (HCRPIC) Program 4 contract. Attachments: Contract   Hood Canal Coordinating Council  Jefferson, Kitsap & Mason Counties; Port Gamble S'Klallam & Skokomish Tribes   17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370        HCCC & Mason County Public Health ‐ Agreement Page 1    PROFESSIONAL SERVICES CONTRACT AGREEMENT  BETWEEN  HOOD CANAL COORDINATING COUNCIL  AND   MASON COUNTY PUBLIC HEALTH    THIS AGREEMENT is a subaward and is between Hood Canal Coordinating Council (HCCC),  located at 17791 Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Mason County Public  Health (Consultant), with an address of 415 N. 6th Street, Shelton, WA 98584, and is made  effective as of the date signed below by HCCC.  HCCC and Consultant are also referred to as the  “Parties” and each as a “Party.”      The Parties to this Agreement agree as follows:   1) DEFINITIONS.  For purposes of this Agreement, the term:   a) “Hood Canal Coordinating Council” means Hood Canal Coordinating Council, also  referred to as HCCC, a Washington Corporation, and its members, directors, officers,  employees, and agents;  b) “Consultant” means the Consultant and its directors, officers, employees, agents, and  subcontractors; and  c) “Contract Representative” means the person designated below and incorporated by  reference, to serve as representative of HCCC and the Consultant for purposes of  administration of this Agreement.    2) SERVICES TO BE PERFORMED AND DELIVERABLES.  The Consultant agrees to provide  services to HCCC, in accordance with applicable professional standards, as described in  Exhibit A and the Funding Source Programmatic Conditions (if any), as described in Exhibit  A.  No work shall commence under this Agreement until it is fully executed by both Parties.  3) COMPENSATION.   a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis following  receipt of an invoice documenting services rendered and costs incurred, in a manner  and amount stipulated in Exhibit A.    b) Consultant shall submit the final invoice, or any claims for payments not already made,  no later than 30 days from the expiration or termination of the agreement, or as  otherwise stated in Exhibit A.  i) HCCC may, at its sole discretion, retain up to 10 percent of the amount otherwise  due and owing under each invoice until Consultant completes all work described in    HCCC & Mason County Public Health ‐ Agreement Page 2    Exhibit A, or otherwise authorized by HCCC.  HCCC shall notify Consultant of the  amount retained and deposit the retained amount in an interest‐bearing account.   HCCC shall release the amount retained, together with earned interest, not later  than 30 days after receipt of a final invoice and acceptance of HCCC of all work  authorized.  ii) HCCC may, at its sole discretion, retain an amount otherwise due and owing under  each invoice until Consultant provides HCCC with evidence that the Consultant has  paid industrial insurance premiums for its employees and/or is in compliance with  state industrial insurance requirements.   c) Allowable Costs.   i) Travel Expenses.  HCCC agrees to reimburse Consultant up to the amount stipulated  in Exhibit A for travel expenses (including per diem) from Consultant’s home or  principal place of business to meeting sites.  HCCC shall reimburse Consultant for  travel expenses in accordance with federal travel regulations.  Payment for expenses  over the category amount will not be honored without prior approval of HCCC’s  Contract Representative.  International travel requires advance pre‐approval.  ii) Other Expenses.  HCCC agrees to reimburse Consultant for miscellaneous expenses  specified in Exhibit A, provided those costs are allowable under the Federal Cost  Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200.  Any request over  the category amount will not be honored without prior approval by HCCC’s Contract  Representative.  d) Unallowable Costs.   i) Management fees or similar charges in excess of the direct costs are not allowable.    ii) If Consultant expends more than the amount of its approved budget in anticipation  of receiving additional funds, it does so at its own risk.  HCCC is not legally obligated  to reimburse Consultant for costs incurred in excess of the approved budget.    e) Invoice.  Consultant’s invoice shall indicate dates of service, a description of work  performed, and time spent on that date in providing service under this Agreement.  The  invoice shall include travel claims for travel expenses incurred by Consultant in  connection with performance under this Agreement.  The invoice shall provide a  progress report describing all activities accomplished for the period being invoiced.    i) Invoices should be sent to the Accountant at the HCCC address listed below via U.S.  Postal Service or email (not both).  ii) Invoices must be submitted by a representative of the Consultant who has the  Consultant’s full authority to render such reports and requests for payment and  certify to the following at time of submission:   By signing this payment request, I certify to the best of my knowledge and belief that  the payment request is true, complete, and accurate.  The expenditures,  disbursements and cash receipts are for the purposes and objectives set forth in the    HCCC & Mason County Public Health ‐ Agreement Page 3    terms and conditions of the Agreement.  I am aware that any false, fictitious, or  fraudulent information, or the omission of any material fact, may subject me to  criminal, civil or administrative penalties for fraud, false statements, false claims or  otherwise.  18 USC 1001 and 31 USC 3729‐3730 and 3801‐3812.  4) TERM.  The term of this Agreement commences on the effective date, the date the  agreement is signed by the last party below, and continues until September 30, 2023 as  stipulated in Exhibit A, or until terminated by the Parties.  In the event funding from state,  federal, or other sources is withdrawn, reduced, or limited in any way after the effective  date of this contract and prior to normal completion, HCCC may terminate the contract  under the “Term” clause without a notice requirement.    5) SUBCONTRACTING.  Consultant may not subcontract without prior written approval by the  HCCC.  Additionally, the Consultant is responsible for ensuring that all terms, conditions,  assurances and certifications set forth in this contract are carried forward to any  subcontracts.     6) TRAINING.  Consultant acknowledges that no training will be provided to Consultant under  this Agreement.  Consultant warrants and represents that its personnel are fully trained to  perform services required under this Agreement and that additional training provided by  HCCC will be unnecessary.   7) BUSINESS LICENSES AND TAXES.   a) Consultant shall, at its own expense, secure and maintain in full force and effect during  the term of this Agreement all required licenses, permits, and similar legal  authorization, and comply with all applicable Federal, State and local regulations.  b) Consultant shall be responsible for payment of taxes, insurance and other obligations  relating to its performance of services under this Agreement.  Consultant shall provide  HCCC with verification of its:  i) Unified business identifier number from the State of Washington and that its  business license is in good standing;  ii) Washington State Department of Revenue account and that the account is in good  standing;  iii) Washington State Labor and Industries account and that the account is in good  standing or that the Consultant is exempt from the state’s industrial insurance  requirements;   iv) Data Universal Numbering System (DUNS) number; and  v) Central Contractor Registry (CCR) through SAM.gov.   c) All other necessary licenses and permits to perform the work specified in Exhibit B.   8) INDEPENDENT CONSULTANT STATUS.     a) Consultant shall act as an independent Consultant, and in no way shall be considered an  employee of HCCC.  Consultant is not required to report to HCCC’s offices at any specific    HCCC & Mason County Public Health ‐ Agreement Page 4    time, except as requested for occasional consultations.  HCCC does not have the right to  assign any additional projects to Consultant.  Consultant shall choose the time and  manner for performing each part of the services described in Exhibit A according to its  own routines and schedules, independent from HCCC’s normal business operations.  b) Consultant acknowledges that Consultant will not qualify for benefits which may be  available if classified as an employee.  In the event that the Internal Revenue Service  (IRS) successfully asserts that Consultant is not or was not an independent Consultant  for any period during the term of this Agreement and reclassifies Consultant as an  employee, Consultant agrees to complete, sign and deliver IRS Form 4669 (Employee  Wage Statement) to HCCC for any tax period affected.  HCCC shall then file the Form  4669 with the IRS (along with IRS Form 4670 “Request for Relief From Payment of  Income Tax Withholding”) to offset against HCCC’s withholding obligation.   c) Consultant acknowledges that it will be liable to HCCC for any industrial insurance  premiums or any other premiums or fees that HCCC is required to pay on its behalf  under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to the  State of Washington or local jurisdiction.  9) NON‐EXCLUSIVE CONTRACT.  This Agreement is non‐exclusive.  Consultant reserves the  right to perform services for others during the term of the Agreement.  10) MATERIALS AND EQUIPMENT.  Consultant shall provide all materials and equipment  necessary to perform its obligations under this Agreement:  Provided, however, that  Consultant may use office equipment located in the offices of HCCC, as available, and  provided however, that if “Other Expenses” have been awarded as part of this agreement,  HCCC may purchase said supplies and services on behalf of the Consultant as part of this  Agreement.  Materials and equipment includes but is not limited to, appropriate safety  plans and providing personal protective equipment to employees to address continued  performance under the contract where such continued performance can be done in  compliance with Federal, State or County Emergency Orders despite the presence of such  causes.  Any materials and equipment will be indicated in Exhibit A ‐ Scope of Services.  11) INDEMNIFICATION.    a) To the fullest extent permitted by law, Consultant hereby indemnifies and holds HCCC  harmless from any and all loss, damage, suits, liability, claims, demands or costs,  whatsoever, whether arising at law or in equity, or sounding in tort, contract or other  causes of action arising from any claim or liability resulting from Consultant’s  performance of services described in Exhibit A under this Agreement, except to the  extent caused by the negligence of HCCC.  b) Consultant hereby indemnifies and holds HCCC harmless from any additional taxes,  interest and penalties due from Consultant or HCCC resulting from reclassification in the  event the IRS or any state or local taxing authority successfully asserts that Consultant is  not or was not an independent Consultant for any period during the term of this  Agreement and reclassifies Consultant as an employee.     HCCC & Mason County Public Health ‐ Agreement Page 5    12) INSURANCE.  Consultant shall provide HCCC with a certificate of insurance for each  insurance provision required in this section.  The certificate of insurance shall be effective  during the duration of this agreement.  HCCC may require that the certificate of insurance  name HCCC as an additional insured party.  Consultant shall also require all of its  subcontractors to maintain the same type and level of insurance as required in this section  and provide certificates of insurance to HCCC as required in this section.  Consultant shall, at  its own expense, acquire and maintain the following insurance throughout the term of the  Agreement:  a) Commercial Automobile Liability Insurance covering all owned, non‐owned and hired  automobiles, trucks and trailers.  Such insured shall provide the Standard  Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined  Single Limit;   b) Commercial General Liability Coverage Insurance, with not less than the following limits:  $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit, $2,000,000  general aggregate limit;   c) Professional Liability Insurance in an amount not less than $1,000,000 per claim and in  the aggregate; and  d) Workers’ Compensation and Employer Defense Insurance as required by statute and  employer liability coverage, with not less than the following limits: $1,000,000 each  accident for bodily injury by accident, $1,000,000 each employee for bodily injury by  disease and $1,000,000 policy limit for bodily injury by disease.  e) Notwithstanding the forgoing, Contractor maintains a system for self‐insurance that  meets the requirements of this section 12.  13) CONFIDENTIALITY.  Information produced or made available to the Consultant shall not be  disclosed to others or used for any other purpose, except as required under this contract or  by law, without prior written approval by HCCC.    14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT.  All data and products  developed under this contract, excluding copyrighted material used with permission, or  other public data that cannot be copyrighted, shall become the sole property of HCCC and  its assigns.  Permission for its subsequent use must be obtained from HCCC prior to that  use.  Any alteration of the data by HCCC for purposes other than those intended by this  Agreement shall be at HCCC’s sole risk and without legal liability upon the Consultant.   15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT.     a) Consultant gives HCCC the right and authority to publicize HCCC’s financial support for  this Agreement and the Project in press releases, publications and other public  communications.  Consultant agrees to: (i) give appropriate credit to HCCC and any  Funding Sources identified in this Agreement for their financial support in any and all  press releases, publications, annual reports, signage, video credits, dedications, and  other public communications regarding this Agreement or any of the project  deliverables associated with this Agreement, subject to any terms and conditions below;    HCCC & Mason County Public Health ‐ Agreement Page 6    and (ii) include the disclaimer provided for in (b).  Consultant must obtain prior HCCC  approval for the use relating to this Agreement of the HCCC logo or the logo of any  Funding Source.  b) Disclaimers.  Payments made under this Agreement do not by direct reference or  implication convey HCCC’s endorsement nor the endorsement by any other entity that  provides funds through this Agreement, including the U.S. Government, as applicable,  for the Project.  All information submitted for publication or other public releases of  information regarding this Agreement shall carry the following disclaimer:  i) For Projects funded in whole or part with Federal funds:  “The views and conclusions  contained in this document are those of the authors and should not be interpreted  as representing the opinions or policies of the U.S. Government or the Hood Canal  Coordinating Council and its funding sources.  Mention of trade names or  commercial products does not constitute their endorsement by the U.S.  Government, or the Hood Canal Coordinating Council or its funding sources.”  ii) For Projects not funded with Federal funds:  “The views and conclusions contained  in this document are those of the authors and should not be interpreted as  representing the opinions of the Hood Canal Coordinating Council or its funding  sources.  Mention of trade names or commercial products does not constitute their  endorsement by the Hood Canal Coordinating Council or its funding sources.”  16) INSPECTION AND RETENTION OF RECORDS.  The Consultant shall make all applicable  financial records, supporting documents, and all other pertinent records related to this  Project available to HCCC, the State of Washington, the U.S. Government, or any of their  duly authorized representatives for inspection.  Records shall be retained until the Term  date of this Agreement and then submitted to the Project Manager for retention until  required by law.  17) NONDISCRIMINATION.  By signing this Agreement, the Consultant certifies that it is an  Equal Opportunity Employer and in compliance with all state and federal nondiscrimination  requirements.  The Consultant agrees to continue to be in compliance with all state and  federal nondiscrimination requirements.  Consultant agrees to comply fully with applicable  civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Section  504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the American  Disabilities Act.    18) COMPLIANCE WITH COPELAND “ANTI‐KICKBACK” ACT.  Consultant is prohibited from  inducing, by any means, any person employed in the construction, completion, or repair of  public work, to give up any part of the compensation to which he is otherwise entitled and  remain in compliance with 18 U.S.C. 874 and 40 U.S.C. 276c.  19) PREVAILING WAGE.  The Consultant agrees to pay the prevailing rate of wage to all  workers, laborers, or mechanics employed in the performance of any part of this contract  when required by state law to do so, and to comply with provisions of the Davis‐Bacon Act  (40 USC 3141–3148), Contract Work Hours and Safety Standards Act (40 USC 3701‐3708),    HCCC & Mason County Public Health ‐ Agreement Page 7    other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of  the Department of Labor and Industries.   20) APPLICABLE LAW.  This Agreement shall be construed and enforced under the laws of the  State of Washington, irrespective of the fact that any one of the Parties is now or may  become a resident of another state.  Venue for any action under this Agreement shall lie in  Kitsap County, Washington.  21) MODIFICATION.  This Agreement may not be waived, discharged or modified in any manner  other than by written agreement of the Parties.  22) SEVERABILITY.  No provision of this Agreement is severable from any and all other  provisions of this Agreement.  Should any provision or provisions of this Agreement be  unenforceable for any reason, the party finding itself unable to enforce said provision(s)  may, at its sole discretion, declare this entire Agreement to be null and void.  23) FORCE MAJEURE.  Each Party shall be excused from liability for the failure or delay in  performance of any obligation under this Agreement if the failure to perform the contract  arises from causes beyond the control and without the fault or negligence of the Party.   Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the  Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5)  epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually  severe weather.  In each instance the failure to perform must be beyond the control and  without the fault or negligence of the Contractor.  Such excuse from liability shall be  effective only to the extent and duration of the event(s) causing the failure or delay in  performance and provided that the Party has not caused such event(s) to occur and  continues to use diligent, good faith efforts to avoid the effects of such event and to  perform the obligation.  Notice of a Party’s failure or delay in performance due to force  majeure must be given to the unaffected Party promptly thereafter but no later than five (5)  days after its occurrence which notice shall describe the force majeure event and the  actions taken to minimize the impact thereof.  All delivery dates under this Agreement that  have been affected by force majeure shall be tolled for the duration of such force majeure.   In no event shall any Party be required to prevent or settle any labor disturbance or dispute.   Notwithstanding the foregoing, should the event(s) of force majeure suffered by a Party  extend beyond a six‐month period, the other Party may then terminate this Agreement by  written notice to the non‐performing Party, with the consequences of such termination as if  this Agreement had expired (and was not terminated) in accordance with other provisions  herein.  24) TERMINATION.  Either party may terminate this Agreement with 30 days written  notification to the other party.  If this Agreement is so terminated, the Parties shall be liable  only for performance rendered or costs incurred in accordance with the terms of this  Agreement prior to the effective date of termination.  If for any cause, either party does not  fulfill in a timely and proper manner its obligations under this Agreement, or if either party  violates any of these terms and conditions, the aggrieved party will give the other party  written notice of such failure or violation.  The responsible party will be given the    HCCC & Mason County Public Health ‐ Agreement Page 8    opportunity to correct the violation or failure within 15 working days.  If the failure or  violation is not corrected, this Agreement may be terminated immediately by written notice  of the aggrieved party to the other.  HCCC shall have the right to terminate this Agreement  in whole or in part at any time, if the Funding Source issues an early termination under the  funding agreement(s) covering all or part of the Project at issue hereunder.    25) WAIVER.  If either party fails to exercise its rights under this Agreement, it shall not be  precluded from subsequent exercise of its rights.  A failure to exercise rights shall not  constitute a waiver of any other rights under this Agreement, unless stated in a letter signed  by authorized representative of the party and attached to the original agreement.  26) COSTS AND ATTORNEYS FEES.  If either party brings any action against the other for relief,  declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover  against the other party all costs and reasonable attorneys’ fees, including costs and  reasonable attorneys’ fees incurred to enforce any judgment rendered pursuant to this  Agreement.  27) CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS (if applicable).  If the  Funding Source, including any secondary funding source, is paid with federal funds, the  Consultant must comply with the following.    a) Uniform Guidance.  Consultant must comply with the Uniform Guidance (2 CFR Part  200) to the extent applicable to Consultant as a non‐Federal entity receiving a federal  award.  With respect to cost principles: Non‐Profit Organizations, Institution of Higher  Education, State, Local or Tribal Government, must comply with the Cost Principles of  the Uniform Guidance, 2 CFR Part 200; and Commercial (for‐profit) organizations must  comply with Title 48 Chapter 1 Subchapter E Part 31.  No funds provided pursuant to  this Agreement may be used to support any activities not authorized under this  Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform  Guidance.     b) Audit Requirements.  Consultant may be required to comply with the Federal Audit  Requirements found in 2 CFR 200.500 (formerly OMB Circular A‐133).    c) Lobbying and Litigation (2 CFR 200.450).   i) No funds under the Agreement may be used to engage in lobbying of the Federal  Government or in litigation against the U.S. unless authorized under existing law.   ii) New Restrictions on Lobbying.  In any subcontract over $100,000, Consultant shall  require that subcontractors submit certification and disclosure forms in accordance  with the Byrd Anti‐Lobbying Amendment, 31 USC 1352.  Any consultant who makes  a prohibited expenditure or fails to file the required certification or lobbying forms  shall be subject to a civil penalty of not less than $10,000 and not more than  $100,000 for each such expenditure.  d) Debarment and Suspensions.  Unless Consultant has submitted a written justification  fourteen (14) days prior to execution of this Contract, stating the reason that this term  does not apply, which has been expressly accepted and approved by HCCC prior to    HCCC & Mason County Public Health ‐ Agreement Page 9    execution, by signing this Agreement, Consultant warrants and represents its initial and  continued compliance that it is not listed on the General Services Administration’s,  government‐wide System for Award Management Exclusions (SAM Exclusions), in  accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3  C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), “Debarment and  Suspension.” The Consultant further provides that it shall not enter into any subaward,  contract or other Contract using funds provided by HCCC with any party listed on the  SAM Exclusions in accordance with Executive Orders 12549 and 12689.  The SAM  Exclusions can be found at SAM.gov.  e) Drug‐Free Workplace Certification.  Consultant shall make an ongoing, good faith effort  to maintain a drug‐free workplace pursuant to the specific requirements set forth in CFR  Part 1536 Subpart B.  Consultant shall identify all known workplaces under this  Agreement, and keep this information on file during the performance of the Agreement.   Consultants who are individuals must comply with the drug‐free provisions set forth in 2  CFR Part 1536 Subpart C.  The consequences for violating this condition are detailed  under 2 CFR Part 1536 Subpart E.    f) Trafficking in Persons.  You as the sub‐recipient, your employees, sub‐awardees under  this award, and sub‐awardees’ employees may not engage in severe forms of trafficking  in persons during the period of time that the award is in effect; procure a commercial  sex act during the period of time that the award is in effect; or use focused labor in the  performance of the award or sub‐awards under this Award and must inform HCCC  immediately of any information you receive for any source alleging a violation of this  prohibition during the term of the agreement.    g) Reducing Text Messaging while Driving, Executive Order 13513.  Consultant is  encouraged to adopt and enforce policies that ban text messaging while driving,  including conducting initiatives of the type described in section 3(a) of the order.   h) Disadvantaged Business Enterprise.  Consultant agrees to good faith efforts whenever  procuring construction, equipment, services and supplies in compliance with the  requirements of EPA’s Program of Utilization of Small, Minority and Women’s Business  Enterprise (MBE/WBE). 40 CFR 33.  Consultant must receive permission from HCCC to  sub‐contract with another entity.  i) Additional Responsibility Matters.  By signing this Agreement, Consultant warrants and  represents that it is not subject to the below circumstance.    i) Was convicted (or had an officer or agent of such corporation acting on behalf of the  corporation convicted) of a felony criminal violation under any Federal or State law  within the preceding 24 months, where the awarding agency is aware of the  conviction, unless the agency has considered suspension or debarment of the  corporation and made a determination that this further action is not necessary to  protect the interests of the Government.    HCCC & Mason County Public Health ‐ Agreement Page 10    j) Certification and Representation.  Consultant must submit those certifications and  representations required by Federal statutes, or regulations to HCCC on an annual basis.   Submission may be required more frequently if the Consultant entity fails to meet a  requirement of a Federal award.   28) COUNTERPARTS AND ELECTRONIC SIGNATURES.  This Agreement may be executed in  counterparts, after execution by all Parties hereto, shall together constitute the Agreement.   The parties acknowledge that a signature in electronic form has the same legal effect and  validity as a handwritten signature.     IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the  date signed by the last party below.      Hood Canal Coordinating Council  For Mason County Public Health      ________________________________ _________________________________  Scott Brewer, Executive Director  Mason County Commissioner  Date: ___________________________ Print Name:_______________________        Date: ____________________________        Approved as to form:        _________________________________        Mason County Prosecuting Attorney        Date: ___________________________       Hood Canal Coordinating Council  Jefferson, Kitsap & Mason Counties; Port Gamble S'Klallam & Skokomish Tribes   17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370        HCCC & Mason County Public Health Agreement – Exhibit A Page 1    EXHIBIT A   Independent Consultant Scope of Services    Hood Canal Regional Pollution Identification and Correction Program – Phase 4  CONSULTANT: MASON COUNTY   Description of Services  Mason County will provide services to support the implementation of the Hood Canal Regional  Pollution Identification and Correction (HCRPIC) Program’s Phase 4, as described below.   This Agreement may require modification based on circumstances beyond the control of HCCC  and Mason County. PIC projects rely on field work (parcel surveys and investigations) to identify  On‐Site Sewage Systems (OSS) failures. The field work portion of this project is subject to the  uncertainty of potential COVID‐19 constraints. HCCC will monitor the safety restrictions and  orders for implications on this Scope of Work and may need to amend or terminate this  contract as directed by the Governor and State Department of Health.  During the course of this project, coordinators will work closely with field partners and follow  Washington state guidance to determine how and when PIC field work can be safely conducted.  The Parties recognize that field work timelines will need to be extremely flexible due to  potential public safety limitations and available staff resources.   The following project information is excerpted from HCCC’s base agreement scope of work with  WA State Department of Health:  Contract number:  CBO24134  Subrecipient Organization:  Hood Canal Coordinating Council  Subrecipient Contact: Haley Harguth, Watershed Program Manager,  hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director,  sbrewer@hccc.wa.gov, 360.531.0575  DUNS #:  620533930  CPAR Info (Statewide Vendor #, UBI, Federal Tax ID, etc.): 0011386‐00, 602‐080‐310, 91‐ 2085994  DOH Contract Manager:  Megan Schell megan.schell@doh.wa.gov 360.236.3307  Federally Approved Indirect Rate: 10% (de minimis)  Period of Performance: DOE ‐ Sep 30, 2023.   NOTE: EPA stretch goals are to spend awarded funds within 2 years    HCCC & Mason County Public Health Agreement – Exhibit A Page 2    Project Description:  This project funds pollution identification and correction activities  to protect and improve Hood Canal water quality to safeguard public and ecosystem  health and keep shellfish growing areas and recreational beaches open by preventing  bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution  Identification and Correction Program brings together local health jurisdictions and  tribal partners across the Hood Canal region to coordinate water quality protection  actions. This unique regional structure enables cross‐jurisdictional sharing of resources  and expertise to solve water quality challenges threatening Hood Canal’s community  and ecosystem health.    Not to exceed: $44,546  Near Term Action ID:  2018‐0639  OVERVIEW  The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core  partners will work collaboratively to implement prioritized Pollution Identification and  Correction (PIC) work throughout Hood Canal to help reduce bacterial pollution and  increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap, and  Mason Counties, the Port Gamble S’Klallam and Skokomish Tribes; other partners  include the county conservation districts, Hood Canal Salmon Enhancement Group, and  WSU Extension.   There are eighteen shellfish growing areas in the Hood Canal Action Area. As of 2019,  the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres  with conditional approval, and about 3,144 acres of prohibited or restricted growing  area. Washington State Department of Health (DOH) has identified several emergency  closure zones, threatened areas, and areas of concern based on marine water quality  data. There are close to 30,000 onsite sewage systems (OSS) in the project area, many in  close proximity to waterbodies and approximately one third of the systems are over 30  years old. PIC programs have been essential to maintain and improve water quality and  will continue to be vital for the health of Hood Canal and its communities.   The project will primarily address fecal pollution and associated pathogens. As fecal  pollution sources are corrected, less nutrients and organic materials, associated with  human and animal waste, will enter Hood Canal. That will result in less oxygen demand  to break down algae blooms resulting from excess nutrients and the organic materials in  waste. Hood Canal Regional PIC Program implementation will identify and correct  pathogen sources. The resulting water quality improvements will help achieve the Puget  Sound Partnership’s Vital Sign recovery target to increase harvestable shellfish acreage.   Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the  goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal  priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas  were determined by HCRPIC members using current water quality monitoring  information to identify the most important shoreline areas to survey. The prioritization    HCCC & Mason County Public Health Agreement – Exhibit A Page 3    of shoreline areas will be updated annually as new data emerges. Phase 3 ended in  August 2019, collectively resulting in 66 shoreline miles monitored, 380 site inspections  completed, 55 OSS failures identified, with 28 OSS repairs completed and the rest in  progress. The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4  builds off of previous implementation phases but with a reduced scope of work due to  funding limitations. HCRPIC Program ‐ Phase 4 components include: shoreline surveys in  priority Hood Canal shoreline areas, pollution hotspot investigation and correction,  updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS  property owners and decision makers, OSS maintenance rebates, ambient stream water  quality monitoring, and regional inter‐jurisdictional coordination.  The Phase 4 work plan will be developed in consultation with DOH and will include:   Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union,  Big Bend, Alderbrook, and Annas Bay, and   Other areas with urgent public health or emerging water quality concerns.  GOALS & MEASURABLE OBJECTIVES  Description   (e.g., “shellfish beds reopened”)  Units   (e.g. “acres”)    Targets   (“number”)  Upgrade 50 acres from prohibited to approved in  Hoodsport area of Hood Canal 6  Acres 50  Reopen all closed parcels due to elevated bacteria  in drainages or due to failing onsite septic systems  Parcels 20  Number of hotspots identified in Mason County Hotspots Unknown   (will be  reported  quarterly)  Number of site inspections completed in Mason  County  Site Inspections 75  Number of OSS failures identified in Mason County OSS Failures 5  Number of OSS failures corrected in Mason County OSS Corrections 5  Area of shoreline surveys conducted in priority  areas  Miles 3  Number of ambient freshwater samples collected  Samples  100  MASON COUNTY’S HCRPIC PHASE 4 TASKS    The following are the tasks, deliverables, and deadlines associated with this subaward. Task  numbering aligns with the task numbers in HCCC’s base grant with DOH.    HCCC & Mason County Public Health Agreement – Exhibit A Page 4    TASK 2. PROJECT MANAGEMENT AND REPORTING    2.5 Water Quality exchange (WQX) Data Reporting    WQX refers to an electronic data system for water quality monitoring data developed by EPA. If  sub‐recipients collect any physical, chemical or environmental data (e.g. dissolved oxygen, water  temperature, salinity, turbidity, pH, phosphorous, total nitrogen, E. coli or Enterococci, and other  biological and habitat data) WQX reporting will be required. Data for an entire calendar year  (Jan. 1 – Dec. 31) should be submitted annually. To assist in tracking in WQX, name your project  as follows: NEP_2018_(insert organization name); the unique project ID needs to be 35  characters or less. Include the WQX ID in the quarterly progress reports. Here is an entry  verification sample for reference.   Final WQX entry completed by:    Upon contract completion    DELIVERABLES  Task Deliverable Description Due Date  2.5 WQX Reporting (if required) Sep 30, 2023    TASK 3. HOOD CANAL REGIONAL POLLUTION IDENTIFICATION AND CORRECTION PROGRAM  PHASE 4 IMPLEMENTATION    3.1 HCRPIC Program Coordination    Support HCRPIC Program coordination, providing technical expertise and advice as needed.   This task includes: collaboration with program partners to reinforce shared protocols and clarify  work flows, prepare the Phase 4 Workplan and track progress, preparation of invoices and  progress reports for project coordinators, coordination of County staff working toward Phase 4  objectives, coordination with landowners within the project area, upkeep and quality assurance  of program data, data reporting, and contributions to program deliverables, including quarterly  and final reports, sustainable funding efforts, and outreach materials.   Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following  HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor  spending and progress toward deliverables.  Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of  the following month. Communicate any concerns to HCRPIC Coordinator that progress is not  on track.  Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables  within each payment period.    HCCC & Mason County Public Health Agreement – Exhibit A Page 5    ‐ Send invoices via e‐mail to HCCC accountant, Terry Fischer  (tfischer@hccc.wa.gov)  ‐ Send progress reports via email to Haley Harguth (hharguth@hccc.wa.gov)    HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase  4 Workplan, which will establish priority areas for shoreline and ambient freshwater stream  monitoring and property surveys, targeting areas of known pollution hotspots, or facing  shellfish growing area downgrades. The Phase 4 Workplan will be informed by data from the  HCRPIC Program Phase 3 results and GIS analysis, current water quality information gathered  from county health jurisdictions and tribes, and monitoring data and recommendations from  Washington State Department of Health technical staff. It will outline tasks to build upon  supporting work conducted in Phase 3. The Phase 4 Workplan will outline any changes to  HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting,  including the enforcement process and timeline, and protocol for communication of public  health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed  and the QAPP is approved.  Data Collection & Reporting: Submit field work data to project coordinators every quarter  using the HCRPIC cumulative data report template. Data reported to the HCRPIC Program  should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant,  as well as other funding sources, in order to provide a comprehensive report of all Hood Canal  PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for  quality assurance and quality control and entered into the online water quality monitoring  cloud‐based database prior to it being submitted. Final Cumulative Data Reports will be  submitted to project coordinators after field work is completed to prepare for analysis,  mapping, and EPA WQX data entry. All data collected that is paid by this grant must be shared  with state and federal agencies upon request.  HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make  collaborative decisions, and help guide HCRPIC Program’s direction. The Guidance Group  provides oversight, guidance, shared learning, and structure for consistent procedures across  the PIC program. Guidance Group meetings with project partners will be held quarterly or as  needed to advance collaborative work in the PIC project area.  At Guidance Group meetings,  partners will:  ‐ Report on Ph 4 Workplan implementation, including current progress updates including:  progress on priority hotspot and water quality investigations, surveys completed, FC  sources identified, progress of FC source correction, success stories, lessons learned,  requests for advice and assistance, next steps, upcoming events, etc.  ‐ Present hotspots for consideration of elimination following hotspot closure protocol  described in HCRPIC Guidance Document. This information will be included in the  HCRPIC Ph. 4 final report.   ‐ Provide updates on sustainable funding efforts.    HCCC & Mason County Public Health Agreement – Exhibit A Page 6    Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to  develop and implement a plan to enhance the HCRPIC Program’s efforts to reduce bacterial  contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC  partners will work with program coordinators to develop a strategic plan, which addresses the  key elements in the Pollution Identification and Correction Program Draft Protocols  Recommendations provided by the Departments of Health and Ecology. The Guidance Group  will determine objectives and scope of activities, which may include hiring an outreach  consultant to support the development of a sustainable funding outreach campaign, outreach  products, and presentations to decision‐makers on water quality protection, program successes  and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at  Guidance Group meetings.   Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field Training  Workshop. The HCRPIC members will participate in a field training and data reporting workshop  addressing HCRPIC protocols and procedures. The workshop will be held in the first quarter  after contract agreements are in place. Local Health Jurisdiction Project coordinator and at least  one field staff participating in HCRPIC Program field activities must attend the training.   Project partners may participate in DOH‐sponsored PIC workshops and other trainings/events  (subject to grant coordinator approval), as funds allow. Maximum of two events per sub‐ recipient, or two people may attend a single event.    3.2 Pollution Identification and Correction Fieldwork    The HCRPIC Program members will identify, investigate, and work to correct all pollution  sources found throughout the project period, utilizing a variety of tools, collaborative problem  solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order  to achieve project objectives outlined above.    HCRPIC Program partners will determine Phase 4 priority work areas, including:   ‐ Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big  Bend, Alderbrook, and Annas Bay‐Skokomish River valley, and  ‐ Other areas with urgent public health or emerging water quality concerns    MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct  parcel surveys to identify sources of fecal coliform bacteria. They will provide technical  assistance, work to correct identified sources, and conduct post‐corrective follow‐up. MCPH will  provide the regulatory backstop of enforcement with the help of WA Departments of Ecology  and Health as needed, depending on the facility type.    Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority  areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols    HCCC & Mason County Public Health Agreement – Exhibit A Page 7    and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log  (included in the Cumulative Data Report).    Pollution hotspot investigation and correction: Within the priority areas identified in the  HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow‐up of  hotspots identified in shoreline surveys and ambient stream monitoring, technical assistance,  and enforcement with regulatory backstopping according to the enforcement protocol  developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan.  Procedures are outlined in the HCRPIC Program Guidance Document and the QAAP.  Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon  Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4  Workplan, per QAPP procedures.  Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized.  Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process  to quickly and efficiently:  ‐ Prioritize HCRPIC work areas  ‐ Provide DOH with post‐corrective water quality data  ‐ Respond to DOH early water quality warnings  All pollution identification data funded by the grant will be regularly shared with state or  federal agencies. All pollution hotspots identified by HCRPIC partners will be referred to DOH,  and new pollution hotspots identified by DOH will be referred to the local health jurisdictions.  Updates on progress toward pollution source identification and repairs will be regularly  provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH  and remaining information needs will be shared at Guidance Group meetings, and as needed.  Any identified agricultural pollution sources will be referred to the local Conservation District.  Data Reporting:   ‐ Field work data will be entered into the HCRPIC Cumulative Data Report template and  submitted to program coordinators quarterly. See further description of data collection  and reporting activities in task 3.1.  ‐ Enter monitoring data into the online cloud‐based water quality database to facilitate  EPA WQX data entry annually, and at end of project.  ‐ Final Cumulative Data Reports will be submitted to project coordinators after field work  is completed to prepare for analysis and mapping.  Purchase PIC Field Supplies:  Funds from HCCC’s Hood Canal Shellfish Initiative grant were awarded to Mason County to  support PIC work through the purchase of needed supplies. MCPH will purchase the following  PIC sampling supplies with these funds:    HCCC & Mason County Public Health Agreement – Exhibit A Page 8    ‐ 2x Telescoping sampling wands  ‐ 2x refractometers  ‐ 1x weighted bottle sampler  ‐ 1x multi‐parameter water quality meter    3.3 Onsite Septic System Maintenance Rebates    Homeowner rebates for onsite septic system maintenance will be provided to priority parcels  by local health jurisdictions. These rebates were very successful in Phases 2 and 3 to incentivize  homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC  partners will offer rebate vouchers up to $500 per OSS, to reimburse costs for OSS inspections  and pumping, and small tank repairs.   Rebate notices will be distributed to residences using a consistent format across jurisdictions.  The criteria for rebate recipients will be determined by the Guidance Group and approved by  DOH. In past phases, criteria were set to include homeowners who had not previously received  a voucher, located in priority areas, or had missing or overdue maintenance records.   Local Health Jurisdictions will track and analyze data summarizing rebate recipients and services  reimbursed to evaluate the effectiveness of the rebate program as a behavior change tool and  inform future phases.   DELIVERABLES   Task Deliverable Description Due Date  3.1 Program Coordination  Describe coordination activities in monthly  progress reports.  Report on workplan implementation progress at  quarterly Guidance Group meetings.    Submit PIC field work data quarterly using HCRPIC  Cumulative Data Report spreadsheet    Ongoing, Monthly     At quarterly Guidance Group  meetings    One week prior to Guidance  Group meetings     HCCC & Mason County Public Health Agreement – Exhibit A Page 9    Task Deliverable Description Due Date  3.2 1) Describe PIC activities in monthly progress  reports  2) Report on workplan implementation progress  at quarterly Guidance Group meeting  3) Submit Cumulative Data Report to HCRPIC  coordinators   4) Enter monitoring data into water quality  monitoring cloud‐based database  1‐3 above will address the following project  objectives:  a. At least 3 miles of priority shoreline in Hood  Canal Areas monitored per Phase 4  Workplan  b. Collect approximately 200 water samples  c. Conduct approximately 75 priority parcel  surveys  d. Report number of sites dye tested  e. Report number of failing septic systems  identified  f. Report number of failing septic systems  corrected  g. Number, location, and status of sites  referred to other agencies for technical  and/or corrective actions    1) Ongoing, monthly    2) At quarterly Guidance  Group meetings  3) Quarterly, one week prior  to Guidance Group meetings;  and at end of field work  4) Regularly, and at end of  field work      b. Complete 10% by Apr 15,  2021; Complete 30% by Jul 15,  2021; Complete 60% by Jan  15, 2022    c. Sep 30, 2023                  3.3 OSS Maintenance Rebates  Report number of rebates processed in monthly  progress reports and in final reporting with specific  selection criteria and outcomes (length of time  since last inspection, tanks more than ½ full of  solids, and any deficiencies identified and/or  corrected    Ongoing, complete by  Sep 30, 2023         HCCC & Mason County Public Health Agreement – Exhibit A Page 10    PROJECT BUDGET  HCRPIC Program Ph. 4 Budget – Mason County  Task 2.5 Water Quality exchange (WQX) Data Reporting  Personnel  Environmental Health Specialist $50 per hour 10 hours $ 500.00  Personnel Subtotal $ 500.00    Other Costs  Other (provide description)  $  Other Costs Subtotal $    Indirect Costs 10% $ 50.00  Task 2.5 Sub‐total $550.00    Task 3.1: Program Coordination  Personnel  Finance Manager $72 per hour x 20 hours $1,440.00  Clerical $50 per hour x 20 hours $1,000.00  EH Manager $67 per hour x 20 hours $1,340.00  EH Specialist $50 per hour x 8 hours $400.00  Personnel Subtotal $4,180.00    Other Costs     Other (provide description)  $0  Other Costs Subtotal $0    Indirect Costs 10% $ 418.00  Task 3.1 Subtotal $4,598.00    Task 3.2: PIC Fieldwork  Personnel  EH Specialist $50 per hour x 520 hours $26,000.00  Personnel Subtotal $26,000.00    Other Costs  Lab Analysis 100 samples @ $32 $3,200.00  Postage Mailings $2,000.00  Materials Paper, dye packets, other supplies $  Other Costs Subtotal 5,200.00    Indirect Costs 10%  $2,600.00  Task 3.2 Subtotal $33,800    HCCC & Mason County Public Health Agreement – Exhibit A Page 11      Task 3.3: OSS Maintenance Rebates  Personnel  EH Specialist $50 per hour x 10 hours $ 500.00  Personnel Subtotal $ 500.00    Other Costs  OSS O&M Rebates  $5,048  Other Costs Subtotal $5,048    Indirect Costs 10% $50  Task 3.3 Subtotal $5,598    Subtotals  Personnel Total  $  Other Costs Total Lab analysis, postage, materials, PIC  supplies, rebates, other $  Travel Total (Describe if any) $  Indirect Costs 10%   Grand Total $44,546    Compensation: The Consultant shall be compensated under this agreement in an amount not  to exceed: $44,546. Hourly composite rates and indirect rates will be billed based on actual  rates at the time of service. If hourly composite rates and indirect rates differ from those listed  in this contract, then the consultant will send an email with their invoice to the HCCC  Accountant documenting these changes. The consultant will ensure that any rate changes do  not result in an increase that exceeds the total budget. Submit monthly invoices to the  Accountant by the 15th of the following month. Expenses are payable with prior authorization  from HCCC project manager, and contingent upon satisfactory progress reporting toward  completion of project deliverables. Consultant shall submit the final invoice, or any claims for  payments not already made, no later than 30 days from the expiration or termination of the  agreement.  Progress Reporting: Consultant will submit progress reports each month by the 15th of the  following month to accompany invoices. A progress report template will be provided. Submit  progress reports to the project manager.   Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with  invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances.  Contract Duration Date: The effective date is the date the contract is signed by all parties and  ends September 30, 2023.  Consultant Checklist: Consultant will complete and provide requested information on Exhibit  B.      HCCC & Mason County Public Health Agreement – Exhibit A Page 12    Contract Representatives:    Scott Brewer, Executive Director    Hood Canal Coordinating Council  17791 Fjord Drive, NE Suite 118  Poulsbo, WA   98370‐8430  sbrewer@hccc.wa.gov   (360) 531‐0575    Haley Harguth, Watershed  Program Manager  Hood Canal Coordinating Council  17791 Fjord Drive, NE Suite 118  Poulsbo, WA   98370‐8430  hharguth@hccc.wa.gov    (360) 328‐4625    Accountant:  Terry  Fischer  Hood Canal Coordinating Council  17791 Fjord Drive, NE Suite 118  Poulsbo, WA   98370‐8430  tfischer@hccc.wa.gov   (360) 536‐1338    Consultant Representative(s):     David Windom, Director  Mason County Public Health  415 N. 6th Street  Shelton, WA  98584  dwindom@co.mason.wa.us or dwindom@masoncountywa.gov    360‐427‐9670    Project Manager:    Ian Tracy, EH Manager  Mason County Public Health  415 N 6th Street  Shelton, WA  98584  itracy@masoncountywa.gov   360‐427‐9670, extension 544          HCCC & Mason County Public Health Agreement – Exhibit B Page 1    EXHIBIT B  PROFESSIONAL SERVICES CONTRACT  CONSULTANT CHECKLIST    Consultant is a Subrecipient or a Contractor (Consultant):  According to GSA‐CX‐1.8:   Subrecipient and Contractor Determination guidelines, HCCC has determined that you are a  Contractor, aka Consultant.     UBI No.  232 002 101  Federal Tax ID No. 91‐6001354  Unique Entity ID (formerly DUNS Number): _______________  Consultant Type:  Local government  FEDERAL/STATE PASS‐THROUGH INFORMATION  Refer also to information in Exhibit A.  Project Name:  Hood Canal Shellfish Strategic Initiative, Hood Canal Regional Pollution and  Identification Correction Program Phase 4  Funding Sources:  Environmental Protection Agency (passed through) Washington State  Department of Health  CFDA Program Title:  Puget Sound Action Agenda:  Technical Investigations and  Implementation Assistance Program  Near Term Action ID:  2018‐0639  Funding Source Award Date:  Grant Contract Amendment No. 5 dated November 30, 2022  Funding Source Number (Federal Award Identification No):  PC‐01J18001‐4  Catalog of Federal Domestic Assistance No. (CFDA):  66.123  Note:  This award is not for R&D (research and development).      Complete Cyber Certification (if contract involves Collecting and Managing Data in federal  system).  N/A     HCCC will provide Consultant with Exhibit A‐1 WA DOH Agreement CBO24134 subrecipient  Statement of Work Programmatic Conditions.    In accordance with 40 CFR 33.106 and its Appendix A, the contractor shall not discriminate on  the basis of race, color, national origin or sex in the performance of this contract.  The  contractor administration shall carry out application requirements of 40 CFR part 33 in the  award of contract awarded under EPA financial assistance agreements.  Failure by the  contractor to carry out these requirements is a material breach of this contract which may  result in the termination of this contract or other legally available remedies.    If grant is over $100,000 complete/sign restrictions on Lobbying Certification 40 CFR Part 34  (and disclosure if applicable):  N/A      HCCC & Mason County Public Health Agreement – Exhibit B Page 2    Certifications    Consultant DBE Program Reporting (indicate as appropriate):    Owned and Managed as Disadvantaged Business:  N/A ☐ Women Owned Business Enterprise  ☐ Minority Owner Business Enterprise ☐ Veteran Owned Business Enterprise ☐ Community Based Organization  If certified by Washington State’s Office of Minority and Women Owned Business Enterprise  (OMWBE) www.omwbe.wa.gov or Department of Veterans Affairs (DVA), enter the certification  number:  No active certifications.    WA Dept. of Revenue Account.  UBI/Excise tax account registered (232‐002‐137).    WA Labor & Industries Account status or Exemption (if no employees):  L&I Account is current  ID 004,874‐00; Workers’ Compensation Premium Account is Current.     Debarment:  No debarments.    Insurance (as applicable):  Renew during term of contract  – Commercial Auto Liability (if claiming mileage included in Exhibit A tasks, use HCCC  Report)  – Commercial General Liability (naming HCCC as additional insured)  – Professional Liability Insurance  – Workers’ Compensation and Employer Defense Insurance    Notice:  The Hood Canal Coordinating Council as an equal opportunity employer will not  discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status,  gender, sexual orientation, age, maternity, and childbirth, honorably discharged veteran or  military status, disability, genetics, HIV and/or Hepatitis C status, use of a trained guide dog or  service animal by a person with a disability, or other protected class under federal, state or  local law.  Persons requiring reasonable accommodation or requiring any information in an  alternative format may contact 360‐394‐0046.  Inquiries about the HCCC’s compliance may be  directed to Scott Brewer, Executive Director.        Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Northwest Resources II Social Opportunity Services (SOS) Program FY24 Contract Background/Executive Summary: The Social Opportunity Services (SOS) Program provides recovery support services as well as care coordination to individuals that are experiencing Substance Use Disorder and/or Mental Health issues and are subsequently navigating the local criminal justice system, therapeutic courts, and re-entry programs. The SOS program works in partnership with other peers, case managers, and local agencies working within the current Mason County Behavioral Health Response System to better support individuals on their path to recovery, and by doing so, will contribute to a reduction in recidivism. Budget Impact (amount, funding source, budget amendment): Treatment Sales Tax - $167,655.40 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of FY24 NWRII SOS Program contract Attachments: FY24 NWRII SOS Program Contract Professional Services Contract (rev 06/2023) Page 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Northwest Resources II, hereinafter referred to as "CONTRACTOR.” Contracted Entity Northwest Resources II Address 2708 Westmoor Ct SW City, State, Zip Code Olympia, WA 98506 Phone 360-943-8810 Primary Contact: Name, Title Dennis Neal Primary Contact: E-mail nwrii@hotmail.com Washington State UBI# 601-619-511 Federal EIN 91-1678289 Total Award/Contract Value $167,655.40 Contract Term July 1, 2023 – June 30, 2024 PURPOSE The purpose of this contract is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington 82.14.460. 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 any [Speci al Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ______________________________ ___________________________________ Agency Name Sharon Trask, Chair ______________________________ ___________________________________ Authorized Signature Date ______________________________ APPROVED AS TO FORM: Print Name & Title ______________________________ __________________________________ Date Tim Whitehead, Chief DPA Professional Services Contract (rev 06/2023) Page 2 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify C OUNTY on each item stating “no updates” if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax (RCW 82.14.460) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in “Exhibit C Budget” before the end of the CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as identified in “Exhibit A Scope of Services.” No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the RCW 82.14.460 that may not be specified in “Exhibit A Scope of Services.” The COUNTY must give written approval before any expenses are incurred and considered allowable costs for reimbursement to this CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Professional Services Contract (rev 06/2023) Page 3 The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C Budget and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Professional Services Contract (rev 06/2023) Page 4 No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Reimbursement of allowable costs to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit C, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit C or approved in writing in ad vance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"), COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary procedures, pursuant to the fee schedule set forth in Exhibit C. Fraud and Other Loss Reporting: CONTRACTOR shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this CONTRACT immediately or as soon as practicable. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period , according to the terms provided in Exhibit A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. Professional Services Contract (rev 06/2023) Page 5 Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. 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 Professional Services Contract (rev 06/2023) Page 6 with sufficient specificity to enable COUNTY to make an info rmed judgment as to whether or not COUNTY’s interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY’s policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Suc h 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 emplo yees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or Professional Services Contract (rev 06/2023) Page 7 corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work products including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Professional Services Contract (rev 06/2023) Page 8 Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR’s strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non- compliance. Upon receipt of evidence of full compliance, payments not othe rwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or Professional Services Contract (rev 06/2023) Page 9 3) are based upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been mutually negotiated by the parties. Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and suc h participation shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT. Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR’s in demnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations o f 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 Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Professional Services Contract (rev 06/2023) Page 10 Fax: 360-427-7787 E-mail: mcasey@masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, Professional Services Contract (rev 06/2023) Page 11 CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Service and Exhibit C Budget. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Services and Exhibit C Budget. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Professional Services Contract (rev 06/2023) Page 12 Other than claims for injunctive relief brought by a party hereto (which ma y be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty -five (45) days after the arbitration demand, the parties agree to submit the dis pute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the Professional Services Contract (rev 06/2023) Page 13 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 Terms and Conditions E. Exhibit B, Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Professional Services Contract (rev 06/2023) Page 14 EXHIBIT A SCOPE OF SERVICES Program: Northwest Resources II Social Opportunity Services (SOS) Program Description: Provide recovery support services as well as care coordination to individuals that are experiencing Substance Use Disorder and/or Mental Health issues and are subsequently navigating the local criminal justice system, therapeutic courts, and re - entry programs. SOS works in partnership with other peers, case managers, and local agencies working within the current Mason County Behavioral Health Response System to better support individuals on their path to recovery, and by doing so, will contribute to a reduction in recidivism. Program Expectations: • Coordinate and communicate with other Mason County Behavioral Health partners • Meet with participants as needed to create and clarify recovery and release plans • Attend local stakeholder, provider, and coalition meetings when appropriate • Coordinate with Mason County Public Health & Human Services an overall data reporting strategy that is appropriate and informative to both NWR II as well as the overall Mason County Behavioral Health System, so as to work towards the overall systems goal of a “no wrong door” approach • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures as needed Performance/Reporting and Deliverables: NWR II SOS program will collect and report the following data to Mason Count y Public Health & Human Services on an agreed upon format, forms, and schedule. • Utilize the Mason County Unique Identifier data collection forms • Provide care coordination for up to 200 households annually • Provide care coordination and assistance for up to 100 people annually experiencing homelessness at time of intake • Help to enroll and/or refer up to 75 people annually into SUD inpatient treatment • Help to enroll and/or refer up to 25 people annually into MAT treatment • Help to and/or refer up to 75 people into outpatient mental health treatment • Help to enroll and/or refer up to 100 people into outpatient SUD treatment • Help to coordinate sober and supportive housing with an an nual goal of 25 people • Document the re-utilization of the SOS program and report on findings quarterly • Work with the Mason County Therapeutic Court Program to provide case manager, peer support and care coordination to active and potential participants Professional Services Contract (rev 06/2023) Page 15 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits for CONTRACTOR's, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be n o less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. Professional Services Contract (rev 06/2023) Page 16 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY’s protection without COUNTY’s prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR’s general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insu rance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self- insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR’s existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. Professional Services Contract (rev 06/2023) Page 17 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to C OUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non - renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days’ notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR’s compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract (rev 06/2023) Page 18 EXHIBIT C BUDGET Submit monthly invoices and program reports electronically to jellertsen@masoncountywa.gov as close to the first (1st) of the each month as possible. Budget Category FY24 Amount Funded (TST) Comment Staff Wages $56,160.00 1 full time (40 hour per week) case manager, $27,00 per hour Staff Benefits $16,848.00 Health/dental benefits and taxes for 1 case manager Client Supports $3,406.00 $72,000.00 $4,000.00 Client transportation (mileage reimbursement); 100 miles per week x $0.655 per mile Client rental assistance (40 clients per year; $600 per month; 3-months per client average) Client incidentals (clothing, gas vouchers, etc.) De minimus Rate (10%) $15,241.40 Administration, supervision, rent, I.T. services, phone services, supplies) Maximum Contract Total $167,655.40 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor’s Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. All COUNTY provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Payment will be considered timely within 30 days of receipt of invoice. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ Risk ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request for Lead Pay (10%) approval for the following: Tammi Wright DEM Senior Emergency Management Coordinator 6/1/23-Budget Review Nichole Wilston HR Risk Manager 7/1/23-11/1/23 Background/Executive Summary: Both employees are needing to serve in a lead capacity in their respective departments to assist in the direction and oversight of work and activities. Budget Impact (amount, funding source, budget amendment): General Fund Supplement Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for Lead Pay for Tammi Wright from June 1, 2023, until annual budget review process and Nichole Wilston from July 1, 2023 to November 1, 2023. Attachments: Lead Pay Request Forms Out of Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted on this form to Human Resources for review and approval before moving forward. Refer to the Personnel Policy or applicable CBA for additional requirements, clarification, or information. Type of Pay Request Lead Pay Union Status Union Union AFSCME Name Tammi Wright Department Support Services Employee Current Job Title Senior Emergency Management Coordinator Proposed Increase (%) 10% Funding Source Effective Date 01/01/2023 End Date 12/31/2023 What specific job duties is or will this employee be performing outside of their current position description? The current division manager's position is a .5 split position between two different positions, requiring a lead worker to be available to act in minor rolls when the manager is absent. The lead position will be necessary for as long as the manager's position remains a .5 FTE Attach job description of higher class Senior Emergency Management Cooridinator - Draft 5-2023.docx Requestor's Email jtaylor@masoncountywa.gov Department Head Email dlz@masoncountywa.gov Out of Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted on this form to Human Resources for review and approval before moving forward. Refer to the Personnel Policy or applicable CBA for additional requirements, clarification, or information. Type of Pay Request Lead Pay Union Status Non-Union Name Nichole Wilston Department Human Resources Employee Current Job Title Risk Manager Proposed Increase (%) 10 Funding Source Supplemental Effective Date 7/1/2023 End Date 11/1/2023 What specific job duties is or will this employee be performing outside of their current position description? Providing direction and oversight of new HR Analyst labor/negotiations duties. Attach job description of higher class Requestor's Email mransier@masoncountywa.g ov Department Head Email mransier@masoncountywa.gov Mason County Agenda Request Form To: Board of Mason County Commissioners From: Steve Duenkel Ext. 468 Department: Auditor's Office Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 24, 2023 Agenda Date: Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☒ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Auditor’s Office / Recoding Department website update to include improved Records Public Access software from Tyler Technologies. Background/Executive Summary: The Auditor’s Office will be featuring the upgraded Records Public Access software from Tyler Technologies. This upgrade provides features that make it easier for citizens to search for recorded land records and data, retrieve documents and images, purchase them, download them, and print them, including electronically certified and encrypted copies through secure on-line access. This will provide additional revenue to the County and allow Recording staff to focus on higher priority needs of constituents. We will also offer as part of this upgrade free (to participating customers) “Fraud Guard” notification services that provide an e-Mail alert when a public document is filed using the individual or business name. These notifications will help protect citizens from land record fraud. Budget Impact (amount, funding source, budget amendment): • 2023 - $22,500.0 for software and project management services for implementation. • $1500.00 annual maintenance fee. • These funds will be reallocated from within the Recording Department Operations & Maintenance Budget. Public Outreach (news release, community meeting, etc.): Following successful implementation and testing, we plan to issue a new release through local media. Requested Action: N/A Attachments: None Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 17, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Coordination for Security at Phillips Lake Background/Executive Summary: Reports have been made by the residence of the Phillips Lake community about after dark parties occurring in the Mason County Park. In the past a contract existed between a resident of Phillips Lake and Mason County in which the person would secure the gate every night and open the gate every morning in conjunction with the operating hours of Phillips Park. The contract is no longer executed. Budget Impact (amount, funding source, budget amendment): For services rendered: Month cost of $100.00 per month, annual costs of $1,200.00, which is not in the current Mason County Parks and Trails budget. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Request the approval of the contract and the allocation of the $100.00 per month, $1,200.00 per year. Attachments: Email from the Phillips Lake Community Association Board Member Contract Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Ron Rosi To:John Taylor Cc:edwin2856@yahoo.com; Connie Carroll Subject:Phillips Lake Boat Launch Date:Thursday, June 29, 2023 1:49:16 PM Hello John: The person who is willing to open and close the gate at the Phillips Lake boat launch is Jean Ennis. She lives across the street from the park. Thank you for submitting the budget request of $1,200 per year for completing this task. Please let me now if you have any questions. Thank you! Ron Rosi Phillips Lake Community Association Board Member (253) 330-6290 AGREEMENT FOR PHILLIPS LAKE COUNTY PARK ATTENDANT THIS AGREEMENT made and entered into this 1st day of August, 2023, by and between the Board of County Commissioners of Mason County, hereinafter referred to as the “COUNTY” and Jean Ennis, hereinafter referred to as “CONTRACTEE”, WITNESSETH: WHEREAS, the parties wish to enter into an agreement providing for park security control and general cleanup of Phillips Lake County Park; and, WHEREAS, it is understood and agreed by both COUNTY and CONTRACTEE that CONTRACTEE is an independent contractor and not an employee of COUNTY and shall receive none of the benefits available to other Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. It is further agreed by the COUNTY to carry industrial insurance coverage on the CONTRACTEE. WHEREAS, the CONTRACTEE shall have full authority in the performance of tasks generally required. NOW THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1. The effective date of this agreement shall be August 1, 2023. 2. The CONTRACTEE shall perform the following duties: a. Lock and unlock the Phillips Lake County Park gate daily commencing August 1, 2023 and continuing through August 1, 2024. Park gates will be opened by 8:00 a.m. and shall be closed at dusk. b. Perform a visual inspection of the restrooms and shelter daily and complete the following tasks as required: i. Pick up litter. ii. Check all wall and ceiling surfaces for evidence of graffiti and/or vandalism. c. Park shelter renovations: N/A. d. Respond to all accidents, acts of vandalism, or other incidents upon observation or notification, and report same to the Mason County Parks Department and/or the Mason County Sheriff's Office immediately. Contact persons are: i. Carl “Bud” Olsen Work: (360) 427-9670 ext. 725 Cell: (360) 490-0669 ii. John Taylor Work: (360) 427-9670 ext. 806 Cell: (360) 463-9448 iii. Mason County Sheriff Office: (360) 427-7761 iv. Emergency 911 e. In cases of personal emergency or conflicting obligation, the CONTRACTEE is responsible for the continued completion of the duties specified in Paragraph 2A through 2F. If the AGREEMENT FOR PHILLIPS LAKE COUNTY PARK ATTENDANT CONTRACTEE is unable to resolve the problem, the Mason County Parks Department must be notified. 3. In consideration of the foregoing duties on the part of the CONTRACTEE, the COUNTY agrees to compensate the CONTRACTEE in the sum of One Hundred Dollars ($100.00) per month for services performed by the CONTRACTEE. This is the extent of the CONTRACTEE’S compensation and the CONTRACTEE is not entitled to benefits. 4. In the event of breach by the CONTRACTEE of any provision or term of this Agreement, the COUNTY shall notify the CONTRACTEE in writing, and in the event such breach shall not have been cured within thirty (30) days of mailing such notice, the COUNTY may elect to declare this Agreement void and all sums waived by the CONTRACTEE. 5. This Agreement shall expire August 1, 2024 unless sooner terminated by either party by giving thirty (30) days written notice by certified mail of the intent to terminate this Agreement. 6. This Agreement may be terminated without any required notice if mutually agreed upon by both parties. EXECUTED the date and year hereinabove mentioned at Mason County, Washington. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS Jean Ennis Sharon Trask, Chair ATTEST: Randy Neatherlin, Vice-Chair McKenzie Smith, Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecutor Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 31, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: 2023-2026 Collective Bargaining Agreement for Woodworkers Local Lodge W38 I.A.M. Office of Public Defense Support Staff Background/Executive Summary: The exclusive representatives of the Woodworkers Local Lodge W38 I.A.M. Office of Public Defense Support Staff have reached a tentative agreement with Mason County for the 2023-2026 term. It is noted and commended to the Commissioners that the parties reached this agreement through a very collaborative negotiations process. Budget Impact (amount, funding source, budget amendment): Supplemental – funded by Ending Fund Balance Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the 2023-2026 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 I.A.M. Office of Public Defense Support Staff. Attachments: Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT By and Between MASON COUNTY And OFFICE OF PUBLIC DEFENSE SUPPORT STAFF And WOODWORKERS LOCAL LODGE W38, I.A.M Effective upon signing through December 31, 2026 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 2 of 16 Table of Contents PREAMBLE………………………………………………………………………………... 3 ARTICLE I: RECOGNITION……………………………………………………………... 3 ARTICLE II: RIGHTS OF MANAGEMENT……………………………………………... 4 ARTICLE III: GRIEVANCES……………………………………………………………... 5 ARTICLE IV: NON-DISCRIMINATION………………………………………………...…7 ARTICLE V: HOURS OF WORK AND OVERTIME……………………………………..7 ARTICLE VI: WAGES AND BENEFITS……………………………………………….….8 ARTICLE VII: HOLIDAYS…………………………………………………………………10 ARTICLE VIII: VACATION………………………………………………………………...10 ARTICLE IX: SICK LEAVE, BEREAVEMENT LEAVE, FMLA…………………...…....11 ARTICLE X: CIVIL LEAVE………………………………………………………………...14 ARTICLE XI: LONGEVITY………………………………………………………………...14 ARTICLE XII: SAVINGS CLAUSE…………………………………………………...…...14 ARTICLE XIII: DURATION…………………………………………………………...……14 APPENDIX A…….………………………………………………………………………….16 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 3 of 16 PREAMBLE This Agreement entered into by Mason County and the Mason County Office of Public Defense, hereinafter referred to as the “Employer” and Woodworkers Local Lodge W38, I.A.M., hereinafter referred to as the “Union,” has as its purpose the promotion of harmonious relations between Mason County, the Employer and the Union, and the establishment of an equitable and peaceful procedure for the resolution of differences, in the public interest. ARTICLE I: RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries, hours, and other conditions of employment for all full-time and regular part-time support staff in the Office of Public Defense, hereinafter referred to as "employee", "employees”, except for Rule 9 interns and confidential employees. Section 2. A. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. B. Within ninety (90) days of the new employee’s start date, the Union shall have no less than thirty (30) minutes during the employee’s work hours to present information about the Union. The Union will explain that it is designated as the exclusive representative for all employees covered under this Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. C. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory, or mental disability or 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. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 4 of 16 G. The signatory organization will indemnify, defend, and 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. ARTICLE II: RIGHTS OF MANAGEMENT Subject to the terms of this Agreement, it is understood and agreed that the County possesses the sole right to operate the Mason County Public Defense, whether heretofore or herein after exercised, and regardless of the frequency or infrequency of the exercise. It is expressly recognized that such rights include, but are not limited to the following: A. To determine the Mason County Public Defense mission, policies and set forth all standards of service offered to the public. B. To Plan, direct, control and determine the operations or services to be conducted by the employees. C. To utilize personnel, methods and means in the most appropriate and efficient manner possible. D. To manage and direct the employees of the Public Defense Office E. To hire, promote, transfer, train, evaluate performance and retain employees in positions of the Public Defense Office F. To establish work rules and rules of conduct G. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds. If a layoff is imminent due to a lack of funds or work, the parties shall meet to discuss efforts to preserve the bargaining unit workforce and develop potential alternatives to curtailment. H. Determine the methods, maintenance, equipment, training, number and kinds of personnel, the job, work, or position content required to accomplish governmental operations and maintain the efficiency and safety of those operations. I. Determine and change the number and locations and types of operations, processes, and materials to be used in carrying out all County functions. J. Control departmental budgets and financial policies, including accounting procedures. K. Take whatever actions are necessary in emergencies or exigent circumstances to ensure the proper function of the Public Defense Office. Exigent circumstances are declared by the Board of County Commissioners or designee in writing and are circumstances which, through no fault of the employer, result in a situation that impacts safety of efficient operation. L. The Union and the employer will work together to develop and implement a system of Case Load weighting or Case Load distribution that’s beneficial to both parties. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 5 of 16 ARTICLE III: GRIEVANCES Section 1. The purpose of this grievance procedure is to promote harmony and efficiency between the employees and the Employer by providing for the timely settlement of grievances without fear of discrimination or reprisal. Section 2. The term “grievance” shall mean any dispute between the Employer and the Union, or an employee covered by this Agreement, concerning the interpretation, application, claim, or breach or violation of the terms of this Agreement and established personnel matters. Section 3. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. Section 4. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by appropriate parties by mutual agreement in writing with copies to the Union and the Employer. Section 5. Failure of the Employer to comply with any time limitations of a procedure in this Article shall automatically permit the aggrieved employee to advance their grievance to the next step of these procedures. Section 6. A grievance of interest to several employees may be filed as a “group” grievance at Step 2 of the Grievance Procedure and be processed within the time limits set forth herein. Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts of individual Employees, but rather, only orchestrated acts or actions of authorized representatives believed to conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may go to mediation. Section 7. Grievance Procedure Step 1. Within fourteen (14) calendar days of the incident, giving rise to the grievance or within fourteen (14) calendar days of the date the grievant knew or reasonably should have known of the incident-giving rise to the grievance, the employee and/or the shop steward or other representative of the Union shall discuss the grievance with the Supervisor. The Supervisor shall notify the employee of any decision on the grievance within fourteen (14) calendar days of the discussion with the employee. Step 2. If the grievance is directly related to Termination, Suspension or Wages and Benefits, then within fourteen (14) calendar days after receipt of the response or expiration of the time for response in Step 1, the employee and/or Union shall reduce to writing a statement of the grievance, which shall contain the following: (1) the facts upon which the grievance is based. (2) the Article(s) and/or Section(s) of the Agreement allegedly violated; and (3) the remedy sought. The written grievance shall be filed with the Human Resources Director, with a copy to the Supervisor. The Human Resources Director shall schedule a meeting with the Union Representative, affected employee(s) and the Supervisor (or designee) to hear and seek to resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 6 of 16 Resources Director shall provide a written response to the Union Representative, employee(s) and the Supervisor. If the grievance is not resolved at Step 2, it may be advanced to arbitration by the Union. Section 8. Grievance Arbitration A. Should the Union choose to advance the grievance to arbitration, written notification of its intent to arbitrate shall be submitted to the Supervisor and Human Resources Director within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter, the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by the parties from the Public Employment Relations Commission (PERC) within thirty (30) calendar days of the date the Union filed its notice of intent to arbitrate with the County. B. If a list of 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. C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following: 1) A stipulated agreement of the question or questions at issue. If unable to stipulate, parties shall frame their own question or questions and the arbitrator shall have authority to define the question as a first order of business at any subsequent hearing. 2) Statement of facts and position of each respective party, a copy of the grievance and related correspondence. The arbitration hearing shall be scheduled at a date, time, and location mutually acceptable to the parties. D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as follows: 1) 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 their power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. 2) 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. 3) Each party may call witnesses. 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. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 7 of 16 4) Either party may request that a stenographic record of the hearing be made. The party requesting such records shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. 5) 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. ARTICLE IV: NON-DISCRIMINATION Section 1. Neither the Employer, Union, nor any employee shall in any manner whatsoever discriminate against any employee on the basis of race, color, religion, creed, sex, marital status, national origin, age, or sensory, mental or physical handicaps; Except, that such factors may be considered in employment decisions where determined to be a bona fide occupational qualification under the guidelines promulgated by the Federal Equal Employment opportunity commission. Section 2. All references to gender in this Agreement are intended to refer equally to all gender pronouns. Section 3. No employee shall be discharged or discriminated against for engaging in lawful Union activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or exercising the employee’s rights as a Union member, or for acting in compliance with the rules of professional conduct as mandated by the Washington State Supreme Court. ARTICLE V: HOURS OF WORK AND OVERTIME Section 1. The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period beginning Sunday at 12:00 am through Saturday 11:59 pm. The assignment of workdays and work schedules shall be determined by the Employer to meet business and customer service needs or in response to budgetary demands. Section 2. 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 am to 5:00 pm. Section 3. Employees may be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Employer. 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, unless agreed on by supervisor. Section 4. Any employee, or who works more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half times their straight-time hourly rate for all such overtime hours worked. All overtime must be pre-approved by the Employer. Upon a request to work beyond the regular workday or workweek, by mutual agreement, the parties may agree upon an adjusted workweek for that specific workweek, for purposes of employee convenience and to avoid overtime. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 8 of 16 ARTICLE VI: WAGES AND BENEFITS Section 1. Effective upon signing, each employee shall also have their base wage as set forth in Appendix A and adjusted by an across the board (ATB) increase as set forth below: Upon Signing 2.00% 1/1/2024 2.00% 1/1/2025 2.00% 1/1/2026 2.00% Step increases shall occur on the employee’s anniversary date. If an employee’s performance is unsatisfactory, the Supervisor may defer a scheduled pay increase for the stipulated period or until the employee’s job performance is satisfactory. The anniversary date is defined as the employee’s actual date of appointment to their current job classification. The actual day of the pay increase shall be the 1st or 16th of the month, depending on the date of the anniversary day (e.g., if an employee’s anniversary date is January 14, the pay increase will take effect January 1). Section 2. 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. This contribution is to be applied to premiums for PEBB medical and WCIF dental, vision and life or, with the provision of adequate notice to the County, applied to the premiums of such other carrier or carriers as designated by the Union. Eligible employees are those regular full-time and regular part-time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per month during the calendar year. A. Effective upon signing, the contribution shall be one thousand four hundred and sixty- six dollars ($1,466.00) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2024, the contribution shall be increased to one thousand five hundred and eighteen dollars ($1,518.00) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2025, the contribution shall be increased to one thousand five hundred and eighteen dollars ($1,570.00) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. D. Effective January 1, 2026, the contribution shall be increased to one thousand six hundred and twenty-two dollars ($1,622.00) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Section 3. The County and the Union mutually agree to comply with all Washington State Long Team Services Trust Act Laws, in accordance with RCW 50B.04. Section 4. The Employer shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 9 of 16 Section 5. In the event either party is subject to carrier plan design change or a penalty, tax, fine or increased costs because of requirements or provisions of the ACA, not within their control, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Section 6. The County and Union mutually agree to comply with Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. Section 7. Eligible employees that possess bilingual fluency in a County-approved non-English language, and who use their bilingual skills in the performance of official duties, shall receive bilingual incentive pay as indicated herein: Bilingual Language Fluency $ 75.00 per month Bilingual Medical Certification $100.00 per month Bilingual Legal/Court Certification $125.00 per month Eligibility requirements: A. The County shall determine if bilingual pay shall be utilized, the language(s) bilingual is payable for and the number of employees eligible for bilingual pay. B. Bilingual language fluency eligible employees are those who have taken and passed a language fluency test from an accredited institution and/or employee who have self-identified bilingual fluency that has been demonstrated on the job. Bilingual Medical and Legal/Court certification eligible employees are those who have their bilingual skills tested and certified by an accredited institution. The County at its discretion may choose which certification(s) is a required and acceptable substitute, such as certification from other states. Section 8. When an employee possesses a higher education, additional compensation will be added to their base rate and shall be paid at the following rate: Associate’s Degree 1.5% Baccalaureate Degree 3.0% Master’s Degree 4.5% Section 9. 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. Section 10. Working 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 layoff. 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. B. Providing work coverage during an authorized sick leave. C. Provide work coverage for an authorized leave of absence; or D. provide work coverage for a current vacant position. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 10 of 16 An employee who has been assigned to perform all of the significant duties of a higher level job classification and who performs such duties for five (5) or more consecutive days, due to the absence of the employee who normally holds that higher level position, shall be compensated using the step on the salary range of the higher job class that provides at least a five (5%) Percent increase over the current rate of base pay for the employee working out of classification. This section is not applicable to employees who are being trained to perform the work of the higher classification. ARTICLE VIl: HOLIDAYS Section 1. The following is a list of the annual recognized holidays for employees in the Supervisor’s Office: New Year’s Day Labor Day Martin Luther King Day Veterans’ Day Presidents’ Day Thanksgiving Day Memorial Day Friday after Thanksgiving Day Independence Day Christmas Eve Day Two (2) Floating Holidays Christmas Day Juneteenth Christmas Eve may be taken off based on the operational needs of the County and the prior approval of the Chief Public Defender, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval within the month of December and should be scheduled no later than December 1st of the current calendar year. Section 2. Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one but not both. Section 3. When a recognized holiday falls on Saturday, the Friday preceding it will be allowed; and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a regular paid holiday. Section 4. Floating holidays may be taken at the discretion of the employee, provided the approval of the Employer is obtained and one week’s advance notice is given. The one-week notice requirement may be waived by the Employer. Floating holidays not used by the end of the calendar year during which they accrued will be lost. ARTICLE VIIl: VACATION LEAVE Section 1. Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Annual Accrual 1st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11th 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 20 or more years of employment 200 hours 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 11 of 16 Section 2. All new employees must satisfactorily complete six (6) months of service to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Section. 3. Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Section 4. The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first (1st) and the fifteenth (15th) of the month. The first day of the month following the month of hire shall be the effective date for subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. Section 5. The Supervisor is responsible for scheduling its employees’ vacations without undue disruption of department operations. Leave requests shall normally be submitted, in writing, at least two weeks prior to taking vacation leave. Section 6. The maximum vacation leave hours that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave accrual will be added to the employee’s vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained. Section 7. Eligible employees will be paid for unused accrued vacation leave upon termination of employment with Mason County, provided that no employee may receive payment for more than four hundred (400) hours. ARTICLE lX: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA Section 1. Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433. Regular full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the rate of eight (8) hours per month for each month of employment. Regular part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave cannot be taken before it is actually earned. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 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. Authorized uses of sick leave may be utilized for immediate family as defined below: “Immediate family” shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic 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, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency), 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 or designee. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 12 of 16 Section 2. A written certificate from an employee’s medical provider may be required when the employee is absent for a period more than three (3) days or when a pattern of sick leave use indicates possible sick leave abuse. To the extent allowed by law, the County also may request the opinion of a second medical provider, at County expense, to determine whether the employee suffers from a condition which impairs their ability to perform the essential functions of the job. Section 3. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to their estate. Employees hired on or after January 1, 2011, neither they nor their estate shall be eligible to receive any cash out of the employee’s accrued sick leave upon separation from county service. Section 4. 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 their time loss compensation and their full regular salary unless the employee elects not to use their sick leave. C. Should an employee receive Worker's Compensation for time loss, and they also receive sick leave compensation, their sick leave accrual prior to the time loss will be reduced by the total number of hours they were on sick leave minus the number of hours at full salary for which they are 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 an employee has no sick leave accumulated, or has exhausted all sick leave, vacation leave, or comp time, may be substituted. Section 5. Bereavement Leave: The County will provide regular, full-time, and full-time, employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two (2) additional days chargeable to accrued sick leave may be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee’s spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, or niece. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 13 of 16 Section 6. Family Leave: The County and the Union mutual agree to comply with all State and Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the employee Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County’s Human Resource Department for guidance. • For purposes of this Article, the definition of “immediate family” will be found in Section 1. Maternity Disability 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 or otherwise entitled under disability or sick leave paid status). 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. Employees must use their accrued sick leave and vacation, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the Employee’s leave may be switched over to unpaid leave. Section 7. Military Leave: 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. In addition to benefits granted under USERRA, 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). Section 8. Leave Without Pay: Except in the case of Family Medical Leave Act related leave (and/or other protected leaves), an employee may be granted leave without pay with prior approval of the Supervisor or designee. Leaves of absence requests detailed in this section shall not be unreasonably denied. All leave is 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, or utilization of Washington Paid Family Medical Leave. 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). An employee on leave of absence may be affected by a layoff 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 for periods of legally protected leave, such as FMLA, PFML or military leave. An employee who takes a leave of absence without pay shall have their 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 the duration of employment and will be adjusted accordingly. General salary increases are not based upon the 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 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 14 of 16 adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted leave without pay during their probationary period, the probationary period would be extended for the same duration as the leave without pay. ARTICLE X: CIVIL LEAVE Section 1. Jury Duty: The County provides all employees leave for jury service. Regular full- time and part-time employees who have completed their probationary period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. An employee who is called to jury service for a matter which is discovered to be likely multiple- week litigation agrees to ask to be excused from such service based on hardship to the Employer. Section 2. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. Employees will be compensated for time spent testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless the employee is a party in the case. ARTICLE XI: LONGEVITY Section 1. Employees shall receive longevity pay in addition to their base pay as set forth below: Beginning of 11th year of County Service 1.5% Beginning of 16th year of County Service 3.0% Beginning of 21st year of County Service 4.5% Beginning of 26th year of County Service 6.0% ARTICLE XII: SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law, all other provisions shall remain in full force and effect. If any provision in this Agreement is determined to be invalid, the parties shall meet to renegotiate the substance of the provision if demanded by either party. ARTICLE XIII: DURATION This Agreement shall be effective upon signing by both parties and shall remain in full force and effect through December 31, 2026, by mutual agreement superseding previous Agreements in term and effective date. Either party may commence negotiations of a successor agreement by filing a written notice to the other party pursuant to the provisions of Chapter 41.56 RCW. Any retroactive application of the provisions of this agreement shall apply only to those eligible employees under this bargaining unit who are actively employed by Mason County on the date of signing by both parties. 2023-2026 Agreement - Mason County OPD Support Staff / Woodworkers Local Lodge W38, IAM Page 16 of 16 APPENDIX A – Salary Table Note: Figures are rounded and will vary slightly in MUNIS because it calculates out four (4) decimal places. Note: Effective upon signing by both parties, the members of this bargaining unit will receive a step increase to Step 3, and their annual anniversary date for step increases will be modified to coincide with the date on which the contract is officially signed by both parties. Upon signing 2.00% ATB STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Admin. Assistant $4,280.80 $4,387.82 $4,495.67 $4,608.07 $4,720.64 $4,839.37 $4,959.26 $5,084.23 $5,211.34 $5,341.64 Legal Secretary $3,882.20 $3,979.26 $4,075.88 $4,177.78 $4,280.80 $4,387.02 $4,496.94 $4,609.42 $4,724.66 $4,842.78 Eff. 1/1/2024 2.00% ATB STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Admin Assistant $4,366.41 $4,475.57 $4,585.58 $4,700.24 $4,815.05 $4,936.16 $5,058.45 $5,185.92 $5,315.57 $5,448.47 Legal Secretary $3,959.85 $4,058.85 $4,157.40 $4,261.33 $4,366.41 $4,474.76 $4,586.87 $4,701.61 $4,819.15 $4,939.63 Eff. 1/1/2025 2.00% ATB STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Admin Assistant $4,453.74 $4,565.08 $4,677.30 $4,794.24 $4,911.36 $5,034.88 $5,159.61 $5,289.63 $5,421.88 $5,557.44 Legal Secretary $4,039.04 $4,140.03 $4,240.54 $4,346.56 $4,453.74 $4,564.26 $4,678.61 $4,795.64 $4,915.54 $5,038.42 Eff. 1/1/2026 2.00% ATB STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Admin Assistant $4,542.82 $4,656.39 $4,770.84 $4,890.13 $5,009.58 $5,135.58 $5,262.81 $5,395.43 $5,530.32 $5,668.59 Legal Secretary $4,119.82 $4,222.83 $4,325.36 $4,433.49 $4,542.82 $4,655.54 $4,772.18 $4,891.55 $5,013.85 $5,139.19 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 31, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: January 2023-December 2026 Collective Bargaining Agreement (CBA) for AFSCME Local 1504 Background/Executive Summary: The exclusive representatives of AFSCME Local 1504 have reached a tentative agreement with Mason County for the 2023-2026 term. It is noted and commended to the Commissioner’s that the parties reached this Agreement through a very collaborative negotiations process. Budget Impact (amount, funding source, budget amendment): Supplemental, funded by Ending Fund Balance. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the January 2023-December 2026 Collective Bargaining Agreement (CBA) for AFSCME Local 1504. Attachments: Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT January 2023-December 2026 BETWEEN LOCAL 1504 OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO AND MASON COUNTY AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 2 TABLE OF CONTENTS PREAMBLE ...................................................................................................................................................................... 5 ARTICLE 1 – DEFINITIONS ............................................................................................................................................. 5 ARTICLE 2 – RECOGNITION ........................................................................................................................................... 6 2.1 RECOGNITION ..................................................................................................................................................... 6 2.2 NEW CLASSIFICATIONS ....................................................................................................................................... 6 ARTICLE 3 –UNION SECURITY ...................................................................................................................................... 7 3.1 MEMBERSHIP, DUES AND MAINTENANCE ............................................................................................................... 7 3.2 NEW EMPLOYEE ORIENTATION ............................................................................................................................. 7 3.3 UNION OFFICERS ................................................................................................................................................ 7 3.4 NONDISCRIMINATION – UNION ACTIVITY ................................................................................................................ 8 ARTICLE 4 – UNION / EMPLOYER RELATIONS ............................................................................................................ 8 4.1 UNION ACCESS .................................................................................................................................................. 8 4.2 FACILITY USE ..................................................................................................................................................... 8 4.3 STEWARDS ........................................................................................................................................................ 8 4.4 BULLETIN BOARDS ............................................................................................................................................. 8 4.5 CONTRACT DISTRIBUTION .................................................................................................................................... 8 4.6 NEGOTIATIONS RELEASE TIME ............................................................................................................................. 9 4.7 GRIEVANCE RELEASE TIME ................................................................................................................................. 9 4.8 UNION BUSINESS ................................................................................................................................................ 9 ARTICLE 5 - NO STRIKE / NO LOCKOUT ...................................................................................................................... 9 ARTICLE 6 – MANAGEMENT RIGHTS AND RESPONSIBILITIES ................................................................................. 9 ARTICLE 7 – EMPLOYMENT ..........................................................................................................................................10 7.1 PROBATIONARY PERIODS ...................................................................................................................................10 7.2 TYPES OF EMPLOYMENT .....................................................................................................................................10 7.3 CONTRACTORS ..................................................................................................................................................11 7.4 STUDENTS/INTERNS ...........................................................................................................................................12 ARTICLE 8 – HOURS OF WORK AND OVERTIME .......................................................................................................12 8.1 WORKDAY/WORKWEEK ......................................................................................................................................12 8.2 WORK SCHEDULES ............................................................................................................................................12 8.3 REST/MEAL BREAKS .........................................................................................................................................13 8.4 OVERTIME .........................................................................................................................................................13 8.5 COMP TIME .......................................................................................................................................................13 ARTICLE 9 – EMPLOYMENT PRACTICES ....................................................................................................................14 9.1 NONDISCRIMINATION ..........................................................................................................................................14 9.2 JOB POSTING ....................................................................................................................................................14 9.3 PROMOTIONS ....................................................................................................................................................15 9.4 PERSONNEL FILE / POLICIES ...............................................................................................................................15 9.5 EVALUATIONS ...................................................................................................................................................16 9.6 DISCIPLINE/CORRECTIVE ACTION ........................................................................................................................17 ARTICLE 10 – SENIORITY ..............................................................................................................................................18 10.1 DEFINITIONS .....................................................................................................................................................18 10.2 APPLICATION OF SENIORITY ...............................................................................................................................19 10.3 PROBATIONARY PERIOD ....................................................................................................................................20 10.4 LOSS OF SENIORITY ..........................................................................................................................................20 10.5 LAYOFFS .........................................................................................................................................................20 10.6 NOTICE ............................................................................................................................................................21 10.7 MEETING WITH UNION .......................................................................................................................................21 10.8 AFFECTED GROUP ............................................................................................................................................21 10.9 VACANT POSITIONS ..........................................................................................................................................22 10.10 SENIORITY LIST ................................................................................................................................................22 10.11 ORDER OF LAYOFF ...........................................................................................................................................22 10.12 COMPARABLE EMPLOYMENT ..............................................................................................................................22 10.13 LAYOFF OPTIONS .............................................................................................................................................22 10.14 REDUCTION HOURS/FTE ...................................................................................................................................24 10.15 RECALL ...........................................................................................................................................................24 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 3 10.16 VACATION & LEAVE CASH OUTS/PAY ................................................................................................................25 10.17 UNEMPLOYMENT CLAIMS ...................................................................................................................................25 ARTICLE 11 – WAGES ...................................................................................................................................................25 11.1 WAGE SCHEDULE. .......................................................................................................................................25 11.2 HIRE-IN RATES ...........................................................................................................................................26 ARTICLE 12 – OTHER COMPENSATION ......................................................................................................................26 12.1 STANDBY/DUTY OFFICER STIPEND ................................................................................................................26 12.2 CALL-BACK PAY .........................................................................................................................................26 12.3 WORK IN A HIGHER CLASSIFICATION .............................................................................................................27 12.4 LEAD WORKER PAY ....................................................................................................................................27 12.5 MILEAGE REIMBURSEMENT ..........................................................................................................................27 12.6 LONGEVITY .................................................................................................................................................27 12.7 BILINGUAL PAY ...........................................................................................................................................27 12.8 EDUCATION PAY..........................................................................................................................................28 12.9 WEATHER CLOTHING & BOOT ALLOWANCE ...................................................................................................28 ARTICLE 13 - HOLIDAYS ...............................................................................................................................................28 13.1 HOLIDAYS ...................................................................................................................................................28 13.2 RELIGIOUS HOLIDAYS ..................................................................................................................................29 13.3 HOLIDAY OBSERVANCE................................................................................................................................29 13.4 HOLIDAY ON DAY OFF .................................................................................................................................29 13.5 HOLIDAY COMPENSATION ............................................................................................................................29 ARTICLE 14 – VACATION ..............................................................................................................................................29 14.1 VACATION ACCRUAL ...................................................................................................................................29 14.2 VACATION SCHEDULING ...............................................................................................................................30 14.3 VACATION PAY............................................................................................................................................30 14.4 VACATION UPON TERMINATION .....................................................................................................................30 ARTICLE 15 - SICK LEAVE ............................................................................................................................................31 15.1 SICK LEAVE ACCRUAL .................................................................................................................................31 15.2 SICK LEAVE USAGE .....................................................................................................................................31 15.3 COORDINATION - WORKER’S COMPENSATION .................................................................................................31 15.4 FAMILY MEMBER .........................................................................................................................................32 15.5 SICK LEAVE CASH OUT ...............................................................................................................................32 ARTICLE 16 – LEAVES OF ABSENCE ..........................................................................................................................32 16.1 IN GENERAL ................................................................................................................................................32 16.2 JURY DUTY/COURT .....................................................................................................................................32 16.3 MILITARY LEAVE .........................................................................................................................................32 16.4 BEREAVEMENT ............................................................................................................................................32 16.5 MAINTENANCE OF SENIORITY .......................................................................................................................33 16.6 LEAVE WITHOUT PAY ..................................................................................................................................33 16.7 FAMILY LEAVE – FMLA ...............................................................................................................................33 16.8 MATERNITY DISABILITY LEAVE .....................................................................................................................34 16.9 EMERGENCY CLOSURES ..............................................................................................................................34 16.10 WASHINGTON STATE PAID LEAVE COMPLIANCE .............................................................................................34 16.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE ..................................................................34 ARTICLE 17 – HEALTH & WELFARE ............................................................................................................................35 17.1 HEALTH AND LIFE INSURANCE ......................................................................................................................35 17.2 RETIREMENT ...............................................................................................................................................35 ARTICLE 18 - TRAINING.................................................................................................................................................35 18.1 TRAINING ....................................................................................................................................................36 18.2 TRAINING REIMBURSEMENT ..........................................................................................................................36 ARTICLE 19 – LABOR / MANAGEMENT COMMITTEES ..............................................................................................36 19.1 PURPOSE OF COMMITTEE .............................................................................................................................36 19.2 COMPENSATION ..........................................................................................................................................36 ARTICLE 20 – HEALTH & SAFETY ................................................................................................................................36 20.1 SAFE WORKPLACE ......................................................................................................................................36 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 4 20.2 HEALTH & SAFETY PLAN .............................................................................................................................36 20.3 DRUG FREE WORKPLACE ............................................................................................................................36 20.4 WORK-PLACE VIOLENCE .............................................................................................................................37 ARTICLE 21 - GRIEVANCE PROCEDURE .....................................................................................................................37 21.1 GRIEVANCE DEFINED ...................................................................................................................................37 21.2 GRIEVANCE PROCEDURE .............................................................................................................................37 21.3 UNION/EMPLOYER GRIEVANCE .....................................................................................................................39 21.4 SCHEDULE OF MEETINGS .............................................................................................................................39 ARTICLE 22 - GENERAL PROVISIONS .........................................................................................................................40 ARTICLE 23 – ENTIRE AGREEMENT ............................................................................................................................40 23.1 DURATION CLAUSE ......................................................................................................................................40 23.2 ENTIRE AGREEMENT ....................................................................................................................................40 SIGNATURES ..................................................................................................................................................................41 APPENDIX A ....................................................................................................................................................................42 APPENDIX B ....................................................................................................................................................................43 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 5 PREAMBLE THIS AGREEMENT is made by and between the Board of Mason County Commissioners and Mason County Elected Officials (except Sheriff, Superior Court Judge, Coroner, and Prosecuting Attorney), hereinafter called the “Employer”, and Mason County, Washington, Public Employees Local Union No. 1504 of the American Federation of State, County and Municipal Employees, AFL-CIO, and its Council 2, the Washington State Council of County and City Employees, hereinafter called the “Union,” for the purpose of setting salaries, benefits and conditions of employment of those employees for whom the Public Employment Relations Commission has certified the Union as the collective bargaining representative. The purpose of the Employer and the Union in entering into this Agreement is to set forth their entire agreement regarding wages, hours, and working conditions to promote uninterrupted public service, efficient operations, and harmonious relations, giving full recognition to the rights and responsibilities of the Employer and the Employees. ARTICLE 1 – DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 “Bargaining Unit” (Union) shall be Local 1504 Washington State Council of County and City Employees of the American Federation of State, County and Municipal Employees, AFL-CIO. 1.2 “Employer” shall mean the Board of Mason County Commissioners and Mason County Elected Officials 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 and B 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 domestic 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, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless or 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, consistent with Article 6.4. 1.8 Promotions, Transfers and Demotions defined and distinguished: a. “Promotion” is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 6 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. The anniversary date for the employee shall not change with a transfer to the same pay grade in this bargaining unit. 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. 1.9 “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. 1.10 “Working Day” for the purpose of timelines associated with grievances, appeals and policy issues, shall mean an eight (8) hour working day, excluding holidays, or as defined in Alternate Work Schedules, under Article 6.2. 1.11 “Anniversary Day of Pay” shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1st or the 16th of the month, depending on the date of the anniversary day (e.g., if an employee’s anniversary date is on January 14, the pay increase will take effect January 1). A transfer to the same pay grade or less in this bargaining unit shall not change the employee’s anniversary date. ARTICLE 2 – RECOGNITION 2.1 RECOGNITION The Employer recognizes the Union as the exclusive collective bargaining representative for all employees within the Offices of the Auditor, Assessor, Treasurer, and County Clerk, the Division of Emergency Management and District Court. Excluded are appointed officials as pursuant to statute, employees represented by another bargaining unit, confidential employees, as certified by the Public Employment Relations Commission, Extra Help or Seasonal employees with a duration of less than 1040 hours within any 12 month period, the Chief Accountant, Elections Superintendent and Chief Deputy in the Auditor’s Office, the Administrative Supervisor in the Treasurer's Office, the Chief Deputy and Chief Appraiser in the Assessor’s Office, Chief Deputy in the Clerk’s Office, and the District Court Administrator. In unusual circumstances, the parties may agree to extend the 1040 hours threshold for Extra Help or Seasonal 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 and the Elected Officials/Department Heads of the Offices and Departments named above. INDEPENDENCE OF THE COURT: Nothing in this agreement shall be interpreted in conflict with GR 29 or the independence of the District Court. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented, 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. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 7 It is mutually agreed that it is the intent of the parties to meet, upon request by either party, 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, DUES AND MAINTENANCE For current Union members and those who choose to join the Union, the Employer shall deduct once each month all Union dues and fees levied. The Employer shall transfer amounts deducted to Council 2. Authorizations for Payroll Deduction are valid whether executed in writing or via facsimile. The Employer and Union agree to comply with RCW 41.56.110 in regards to authorization for Union membership and/or dues or other payroll deduction. The Employer shall provide an electronic copy of the Authorization for Payroll Deduction and Representation via email to C2everett@council2.com within ten (10) days of the employee executing the document. The Employer shall provide to the Union, monthly, a complete list of all bargaining unit members that includes employee name, work address, home address, work phone, work email, birth date, hire date in current bargaining unit, job classification, department, hours worked and monthly base wage. The Employer shall hand out an approved Union packet at the time of signing new employee orientation paperwork. It is recognized that this is for employee informational purposes only, comments will remain neutral, and questions will be referred to the Union. The Employer shall remain neutral when communicating with employees about Union membership. The Employer shall honor the terms set forward by Council 2 regarding the employee's payroll deduction. The Employer shall continue to deduct and remit Union dues and fees to the Union until such time as the Union notifies the Employer that the dues authorization has been properly terminated in compliance with the terms of the payroll deduction authorization executed by the employee. The Union shall indemnify defend and hold harmless the Employer from all claims against the Employer arising out of administration of this article. 3.2 NEW EMPLOYEE ORIENTATION The Employer agrees to notify the Union staff representative and Local Union President in writing of any new positions and new employees, ten (10) full working days subsequent to the orientation of the new employee. The Employer shall provide an electronic format list with the names of the employees, corresponding job title, and Department. Within ninety (90) days of the new employee’s start date, the new employee and the Union official may, at no loss of pay, be granted no less than thirty (30) minutes to present information about the Union, and will occur during the new employee’s regular work hours, at the employee’s regular worksite, or a location mutually agreed upon by the employer and the exclusive bargaining representative, pursuant to RCW 41.56.037. 3.3 UNION OFFICERS The Union agrees to supply Human Resources with current lists of Officers and stewards. The Employer will recognize the Officers and stewards as soon as the list is received, in writing, by AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 8 Human Resources. 3.4 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 Officer in the Union or serving on a Union committee. ARTICLE 4 – UNION / EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union’s authorized staff representatives shall have access to the Employer’s premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer. 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 Officer 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 1pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate one (1) Steward for each County Department, not to exceed seven (7) Stewards and one (1) Chief Steward. 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 Elected Official/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 Elected Official/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 4.7, 4.8 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 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. 4.5 CONTRACT DISTRIBUTION AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 9 The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.6 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. 4.7 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. 4.8 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Officer of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or Designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.7 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 - 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 6 – MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County acting through the Board of Commissioners on issues regarding financial matters, and the Elected Officials acting individually retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy. Furthermore, the elected official and County reserve all customary management prerogatives including, but not limited to the right to: AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 10 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, training, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, training 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 or reduce any employee from duty due to lack of work, insufficient funds or workflow reorganization. Layoff means involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month. K. Take all actions necessary to carry out the mission of the County in emergencies. ARTICLE 7 – EMPLOYMENT 7.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six (6) calendar months from date of hire. 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 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 9.3. An employee who promotes or transfers shall still be able to use all leave banks while in trial service. 7.2 TYPES OF EMPLOYMENT AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 11 7.2.1 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. 7.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1. 7.2.3 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 17.1 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. 7.2.4 EXTRA HELP/ON-CALL EMPLOYEES: An on-call/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. 7.2.5 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. 7.3 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. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 12 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. 7.4 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 8 – HOURS OF WORK AND OVERTIME 8.1 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 8.2. 8.2 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 a County Office or Department establishes an alternate work schedule as described below: A. The regular workweek shall normally consist of five (5) consecutive workdays, Monday through Friday. B. The Employer may modify the regular workweek to support special purposes at specified periods of time (for instance, elections, April/October tax receipt collections, and annual property revaluations), provided employees receive at least five (5) working days’ notice of the schedule change. C. If the Employer makes a non-emergency change in the employee’s work schedule, the employee shall be given at least ten (10) working days’ notice prior to the new schedule going into effect. D. Hours shall be extended outside of normal business hours as necessary to allow for the uninterrupted and efficient operation of District and Superior Court as determined by the sitting judge. Flex Time: An earlier or later starting time may be adopted for any or all employees. Such starting time shall be mutually agreeable with the Department Head/Elected Official and the employees, and shall not result in the application of the overtime provision, but shall be paid at the regular rate for an eight-hour workday. Alternate Work Schedule: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Elected Official/Department Head in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5) working days’ notice from the Elected Official/Department Head. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 13 Employees may request an alternate work schedule, which is subject to approval by the Elected Official/Department Head. Alternate work schedules may be mutually agreed upon by the employee and appropriate supervisor/manager and approved by the Elected Official or Designee in writing with a term as long as there is a fifteen (15) day review prior to the end of the term. Alternate work schedules may consist of four (4) consecutive ten (10) hour days, eighty (80) hours worked in nine (9) days or other appropriate schedules. Implementation of alternative work schedules shall comply with the provisions of the Fair Labor Standards Act (FLSA). An employee and the Supervisor shall sign a written document documenting an employee is working an alternate schedule which shall be made available to the Union, upon the Union's request. 8.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Generally, lunch periods and breaks shall not be combined, and they may not be used to shorten an employee’s workday. The Employer and the Union agree that there is a mutual and shared commitment to uninterrupted breaks. The Employer is responsible for creating a work environment and processes under which employees are able and encouraged to take uninterrupted breaks. Employees will notify their supervisor or designee if the employee anticipates not being able to take a meal or rest break. The supervisor or designee will provide the employee with the break. Any missed rest-break shall be paid on the next pay period. 8.4 OVERTIME Any employee who works in excess of eight (8) hours in any one-day (or beyond their scheduled work day), or more than forty (40) hours in a workweek shall be paid one and one-half (1 ½) times their straight-time hourly rate for all such overtime hours worked. Upon a request to work beyond the regular workday, by mutual agreement, the parties may agree upon an adjusted workweek for that specific workweek, for purposes of employee convenience and to avoid overtime. Time compensated shall be considered as time worked for purposes of this Article 8.4. Overtime shall be compensated for and accounted for in six (6) minute increments (i.e. to the nearest one-tenth (1/10) of the hour). Any work required on a weekend (Saturday and/or Sunday) or holiday shall be paid at double the straight-time hourly rate for all such hours worked, except Departments which require a five (5) day week including a Saturday as a normal workday, i.e., Tuesday through Saturday. Christmas Eve is not identified as a holiday on a weekday for the purposes of double time, as it is being identified as a floating holiday option. Any employee requesting to work overtime on a Saturday in lieu of working overtime during the regular workweek shall do so at the time and one-half (1 ½) rate. The employee shall make the request in writing. If the requested overtime is approved, the Elected Official/Department Head may respond orally. If denied, the Elected Official/Department Head shall respond in writing. 8.5 COMP TIME The employee may receive comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the time-and-one-half (1 ½) rate. Employees hired before January 1, 2011, may accrue up to two hundred forty (240) hours of comp time. All comp time after the limit of two hundred forty (240) hours is reached shall be paid at time and one-half or used by the employee as time off. Employees hired on or after January 1, 2011, shall be permitted to accrue up to eighty (80) hours of comp time. For employees hired on or after January 1, 2020, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used by the end of each year. If AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 14 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 the scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Upon such request, the Employer shall pay the employee for the requested hours no later than the payday for the first full pay period following the request. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement Premium or overtime pay shall not be duplicated or pyramided unless required by Fair Labor Standards Act (FLSA), in which case premium or overtime pay shall be based on the employee’s regular rate of pay. Unless there are qualified occupational requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 9 – EMPLOYMENT PRACTICES 9.1 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. The Employer and the Union agree that they will not discriminate against any employee by reason of race, color, creed, national origin, physical handicaps, physical characteristics, sexual orientation, sex, age, place of residence and marital or family status as long as the employee is capable of meeting the job requirements. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to all pronouns. 9.2 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 seven (7) 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. Union positions will be identified as such. The Elected Official/Department Head having the vacancy or new position which constitutes a promotion will limit applications to bargaining unit employees of the affected Office or Department. Employees on layoff and still on recall status from the affected Office or Department may apply at the same time as active employees. The notice of such vacancy shall be posted for seven (7) calendar days. If the position is not filled it shall be posted again with applications limited to existing bargaining unit employees, if qualified. Employees on layoff and still on recall status from a bargaining unit Office or Department may apply at the same time as active employees. If a person on a recall list is selected and takes the position, their name shall be removed from the recall list. The notice of such vacancy shall be provided to the Union steward and be posted in a space made permanently available, without obstruction, on each County employee Department bulletin board in each bargaining unit Department. The notice shall be posted for seven (7) calendar days. The Elected Official/Department Head may elect to post the promotional opportunity in his/her Office and bargaining unit wide concurrently. If AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 15 that occurs he/she shall consider applicants from the Office before considering applicants from other Offices. Qualified employees must apply for the posted position within the seven (7) calendar day posting period in order to be considered. "Qualified" shall mean that the employee meets the qualifications for the position as stated on the job description and has received a satisfactory rating in all areas of the latest annual evaluation. It is the Employer’s interest to fill positions with the most qualified individuals who apply. While qualified employees within the bargaining unit shall be given first consideration for a position, the Employer may consider outside applicants if two or less qualified bargaining unit employees apply. 9.3 PROMOTIONS Promotions, Transfers and Demotions defined - As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. 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. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled. If the position was abolished or filled, such employee will be laid off and eligible for recall in accordance with Article 8.15, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). Employees who promote, transfer or voluntarily demote to a job classification outside of an Office or Department shall serve a six (6) month trial service period in their new position. If they fail to obtain Regular status in the new position, the employee may not return to their previous position, unless the employee chooses to revert back within thirty (30) calendar days. In that case, the employee will be returned to the same or similar classification and pay as held prior to promotion or transfer, including any adjustment due (e.g., salary increases, step increases, etc.). When an employee is promoted they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage increase. Step increases from that date will depend on where the employee is placed. When an employee is transferred, they shall retain their step placement and their step date. When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall be placed on the same step in the new range (Example: 16 Step 5 to 14 Step 5). 9.4 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. For district court employees, the Employer Administrative and Personnel Policies as adopted or as implemented by the District Court AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 16 judge shall apply as long as impact of working conditions are bargained. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee’s Elected Official/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 timelines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. When an employee’s information and/or documents about an employee are the subject of a public records disclosure request in the Human Resources Department, Human Resources will make a good faith effort to inform the employee prior to the release of the request. Medical files shall be kept separate and confidential in accordance with state and federal law. 9.5 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: 9.5.1 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. 9.5.2 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 9.6. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 17 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. 9.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings – which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee’s signature thereon shall not be construed as admission of guilt or concurrence with the discipline, 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) AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 18 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: 9.6.1 That the Employer did forewarn employee of possible consequences of conduct; 9.6.2 That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 9.6.3 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; 9.6.4 That the Employer conducted its investigation objectively; 9.6.5 That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 9.6.6 That the Employer applied its rules, orders, and penalties without discrimination under the circumstances; and 9.6.7 That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee’s record. ARTICLE 10 – SENIORITY 10.1 DEFINITIONS Office/Department Seniority: The service time spent in each individual Elected Official’s Office or Department within the bargaining unit. Employer Seniority: The total unbroken service with Mason County. An employee’s County seniority shall be established as the initial date of hire, upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: The total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed in a Seasonal or Extra Help/On-Call 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: 10.2 APPLICATION OF SENIORITY AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 19 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. 10.1.2 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. 10.1.3 LAYOFF A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency, or reorganization. Reductions in force are identified by classification within the affected Office or Department. 10.1.4 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. 10.1.5 LAYOFF ALTERNATIVES Several alternatives exist for affected employees including: 1. Assume a vacant position - per Article 10.13.1 2. Bump - displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall. 10.1.6 BUMPING The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 10.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For purpose of promotions and/or layoffs from within an Office or Department, seniority shall mean that time spent in each individual Elected Official’s Office or Department within the bargaining unit. For all other purposes, seniority means total unbroken services with Mason County. An employee’s County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. 10.2.1 POSTING/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 9 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. 10.2.2 LAYOFFS AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 20 Total Office/Department 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 (2) employees having the same bargaining unit seniority, Employer Seniority shall be determinative. 10.2.3 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. 10.2.4 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. If 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 10.2.3. 10.3 PROBATIONARY PERIOD Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire including the service during the probationary period. Department seniority shall then be based on continuous service with the Department. 10.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; if employees on lay-off status retain the seniority they had at time of lay-off for fourteen (14) months from date of layoff. An employee, therefore, will lose seniority rights by and/or upon: a. Resignation; b. Discharge; c. Retirement; d. Layoff / Recall list of more than fourteen (14) consecutive months; e. Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority, shall be deemed a newly-hired employee for all purposes under this Agreement, except as provided in the following: if an employee is laid off in good standing after working at least twelve (12) consecutive months, and is thereafter re-employed within twelve (12) months (or fourteen (14) months in the event of recall), the employee will, upon successful completion of the probationary period, regain the seniority that they had as of the effective date that the employee was laid off. 10.5 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 FTEs within the Employer or within a job classification covered by this Agreement. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 21 Total Office/Department Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Office/Department seniority, consistent with Article 10.2. 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 Elected Official or Department Head shall determine which position(s) will be eliminated. The least senior employee(s) in the affected job classification(s) within the affected Office or Department shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position. 10.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days’ written notice of the layoff. 10.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union’s request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notifies the Union of the proposed request. 10.8 AFFECTED GROUP The following procedure shall apply to any layoff: 10.8.1 AFFECTED EMPLOYEES The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the “affected employee(s)”. The least senior employee, by Office or Department seniority, within the affected job classification shall be selected for layoff, consistent with Article 10.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Office or Department seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 22 the seniorities are equal, then Management shall make the final decision based on performance and job skills. 10.8.2 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 10.13. 10.8.3 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. 10.9 VACANT POSITIONS Positions will be filled in accordance with Article 10.2 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 10.13.1. Within other Departments affected, employees will be given consideration for vacant positions for which they are qualified. 10.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.1. 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. 10.11 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. 10.12 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 workweek are substantially similar. 10.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 10.13.1 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 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 23 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. 10.13.2 BUMP Employees scheduled for layoff may bump into another employee’s position within their Office or Department 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 to is paid on a salary range that is equal to or less than the salary range of their job classification; and 3. They previously held status in that job classification or they are determined by the employer to be qualified and competent to perform the job within thirty (30) calendar days. 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). Laid off employees, including bumped employees, shall be allowed to bump less senior employees (by Bargaining Unit Seniority) within their Department in lower classifications or in classifications which the employees previously held and are still competent to perform the work of the classification. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the twenty (20) hour threshold) or bumping to a lower classification, if competent as defined in Article 10.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. 10.13.3 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 10.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure to accommodate bumping or other re-employment rights. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 24 Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The salary for non-regular positions not represented by the bargaining unit shall be determined by the Employer. 10.14 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 10.13. 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. 10.15 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list within each respective Office or Department 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 Regular status. The employee's name shall remain on the recall list(s) for a period of fourteen (14) 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 Office or Department and/or within the bargaining unit in accordance with Article 10.9. 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 fourteen (14) months and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled 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 fourteen (14) 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 fourteen (14) months to the same or another job classification, Office or Department shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 25 Employees shall not lose seniority originally because of layoff for a period of up to fourteen (14) months, per Article 10.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 10.16 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 15.6. 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. 10.17 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 11 – WAGES 11.1 WAGE SCHEDULE. Effective January 1, 2023, through December 31, 2026, each employee shall have their base wage increased in each year as set forth in Attachment A: 1/1/2023 2.15% 1/1/2024 2.0% 1/1/2025 2.0% 1/1/2026 2.25% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion) for purposes of vacation leave, sick leave, and retirement. A reclassification is a change in the allocation of a position from its current job classification to a different job classification. Reclassification will be considered when an employee has been permanently assigned to perform the primary functions of a different job classification or has been permanently assigned significantly different duties, which may warrant establishing a new job classification. An employee may request reclassification by submitting a written request, which includes a justification, to their Elected Official/Department Head. The Elected Official/Department Head shall respond to the employee in writing within thirty (30) working days. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 26 An Elected Official/Department Head may request reclassification of a position by submitting a written request with justification to the Human Resources Director or Designee. The Human Resources Director or Designee shall respond to the request in writing within thirty (30) working days of receipt of the request. If approved or denied by the Human Resources Director or Designee, the request may then be submitted to the Board of County Commissioners, with written justification from the Elected Official/Department Head for their review. The Board of County Commissioners shall respond to the request in writing within thirty (30) working days of their receipt of the request. If approved, the reclassification shall be effective as of the date of the written request for reclassification. If the Board denies the request, the matter is closed. Step placement of an employee who has been reclassified shall be the same as if the employee had been promoted, transferred, or demoted, whichever is applicable. Job descriptions will be on file in each individual Department/Office within the Bargaining Unit and at the Union Office. 11.2 HIRE-IN RATES New regular employees shall normally be placed at the appropriate salary range consistent with current personnel rules. ARTICLE 12 – OTHER COMPENSATION 12.1 STANDBY/DUTY OFFICER STIPEND Employees whose duties require them to serve as a 24/7 point of contact after business hours and weekends (duty officer) shall be paid a stipend of two hundred and fifty dollars ($250) per week of duty. The two hundred and fifty dollars ($250) will be adjusted for any pre-approved periods of time not available for standby duty during that workweek. The employee may be paid overtime (or offered comp time) for such hours as work is actually performed in the event of an incident, provided such hours worked are consistent with the requirements of Article 8.4 and results in more than forty (40) hours in a workweek which shall be paid one and one-half (1 ½) times their straight-time hourly rate, or any work required on a weekend (Saturday and/or Sunday), or a holiday shall be paid at double the straight-time hourly rate for all such hours worked. 12.2 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. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the Employer may utilize personnel of any County Department or agency in a declared disaster. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours’ pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (1½) times the regular rate. After working the call out shift, the employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. During periods of emergency, changes of shift can be made with eight (8) hours’ notice, provided the employee has eight (8) hours off between the two (2) shifts. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 27 This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. Part-time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours’ pay at the appropriate rate of pay. 12.3 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 workday, 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. 12.4 LEAD WORKER PAY The County may designate an employee as a Lead Worker; such designation is not considered to be a “job vacancy” or “newly created position”. 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 in the Bargaining Unit. This provision is used at the discretion of management and with prior approval of Human Resources. A Department Head will post within their department a notice of intent to appoint a Lead Worker. They will consider all department applicants before going outside their department. An employee designated and approved as a Lead Worker will receive an additional ten percent (10%) to their base salary for the period they are approved to perform that function. All other provisions will be addressed by County Personnel Policy. 12.5 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. 12.6 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: Beginning of 11th year of County service 1.5% of Base Pay Beginning of 16th year of County service 3.0% of Base Pay Beginning of 21st year of County service 4.5% of Base Pay Beginning of 26th year of County service 6.0% of Base Pay 12.7 BILINGUAL PAY AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 28 Eligible employees that possess bilingual fluency in a County-approved non-English language, and who use their bilingual skills in the performance of official duties, shall receive bilingual incentive pay as indicated herein: $75.00 per month for Bilingual Language Fluency Eligibility requirements: A. The County shall determine if bilingual pay shall be utilized, the language(s) that bilingual is payable for and the number of employee’s eligible for bilingual pay. B. Bilingual language fluency eligible employees are those who have taken and passed a language fluency test from an accredited institution and/or employees who have self- identified bilingual fluency that has been demonstrated on the job. 12.8 EDUCATION PAY In order to qualify, individuals must receive their degree from a nationally or regionally accredited institution, approved by their Elected Official/Department Head and have a degree or transcripts submitted to Human Resources. Two (2) Year Associate Degree 1.5% of Base Pay Four (4) Year Baccalaureate Degree 3.0% of Base Pay Six (6) Year Master’s Degree 4.5% of Base Pay 12.9 WEATHER CLOTHING & BOOT ALLOWANCE Any employee represented by this bargaining unit that is assigned to work outside as part of their duties during an inclement weather incident covered by the Inclement Weather Policy of the Employer shall be eligible for a one-time reimbursement towards a winter jacket and/or insulated boots for up to two hundred fifty dollars ($250). ARTICLE 13 - HOLIDAYS 13.1 HOLIDAYS The following annual paid holidays are recognized for all employees: New Year's Day Veteran's Day Martin Luther King Day Thanksgiving Day President's Day Day following Thanksgiving Memorial Day Christmas Eve Day Independence Day Christmas Day Labor Day (2) Floating Holidays Juneteenth If any Department under this agreement cannot accommodate Christmas Eve as an observed holiday, the employee will schedule an alternate day off within the month of December and should be scheduled no later than December 1st. Employees must receive written approval at least one week in advance of the date(s) in which they desire to utilize their floating holiday. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) not used by the end of the calendar year will be forfeited, unless denied because of the staffing needs of the Office or Department. Except by mutual agreement, floating holidays shall be used in hour increments. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 29 13.2 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. 13.3 HOLIDAY OBSERVANCE When a recognized holiday falls on a Saturday, the proceeding Friday shall be considered the holiday. When a recognized holiday falls on a Sunday, the following Monday shall be considered the holiday. For those employees on a 4-10 work schedule, or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. 13.4 HOLIDAY ON DAY OFF Benefitted employees shall receive benefit pay for each holiday according to their own work schedule in force at the time of the holiday and time-off for each holiday listed in Article 13.1. 13.5 HOLIDAY COMPENSATION Regular employees shall receive holiday benefit pay for each holiday according to their own work schedule in force at the time of the holiday. The holiday shall be pro-rated by FTE. Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty (40) hours worked for the workweek. No employee shall be called on a holiday for less than four (4) hours, except those personnel serving Standby Duty. ARTICLE 14 – VACATION 14.1 VACATION ACCRUAL Regular and Temporary full-time employees shall accrue paid vacation leave as follows: Years of Continuous Service Hours per Year 1st through 3rd 96 hours 4th through 7th 120 hours 8th through 9th 144 hours 10th through 11th 160 hours 12th through 14th 176 hours 15th through 16th 184 hours 17th through 19th 192 hours 20th year and over 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. With the exception of promoted or transferred employees, consistent with Article 7.1, vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 30 have successfully completed their initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six (6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. For Regular and Temporary full-time or Regular and Temporary part-time employees, the maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Whereas the Union and the Employer recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees shall attempt to use vacation leave during the year in which it is earned. 14.2 VACATION SCHEDULING Upon completion of six (6) months’ continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee’s request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a department or division thereof from providing efficient public service. Vacation leave approval will be based on meeting the workload requirements of the Mason County service schedule where the employee is employed. All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5) or more consecutive vacation leave days he/she must submit a leave request at least fifteen (15) calendar days in advance of the time off requested. Failure to request leave at least fifteen (15) calendar days in advance may be cause for the denial of the requested leave. The Employer will respond to leave requests within ten (10) calendar days of receipt. Regular and Temporary full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. If an approved holiday occurs within the approved vacation leave period, such day shall be charged as holiday leave rather than vacation leave. Employees shall have the option of using compensatory time or vacation leave for approved paid time off. Each Department may not “block out” more than twenty-seven (27) days annually as restrictive vacation and/or no vacation approval time and must identify the “blocked out” dates within two (2) weeks prior to ratification of this contract, and the beginning of each annual year thereafter. 14.3 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. 14.4 VACATION UPON TERMINATION AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 31 Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time employee by resignation (with ten (10) working days’ notice), retirement, layoff, dismissal or death, the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee’s rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of vacation leave. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Elected Official of Designee. Pay in lieu of unused vacation shall be forfeited if ten (10) working days written notice is not provided or waived. ARTICLE 15 - SICK LEAVE 15.1 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 at the rate of eight (8) hours per month for each month of employment. Regular and Temporary full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue sick 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 sick leave for that month. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 15.2 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. Employees are expected to be on the job unless excused by Supervisor or Department Director because of illness. Sick leave shall be considered as a type of insurance and not as a benefit. Abuse of sick leave shall be grounds for disciplinary action. An Elected Official or Designee may require an employee to provide a written notice from the employee’s health care provider when a pattern of excessive absence and/or sick leave abuse is indicated. Employees may use accrued sick leave for their own illness, injury, pregnancy and/or childbirth, medical and dental appointments and prescribed treatment associated therefrom. Sick leave may be used for the care of immediate family members who have a health condition that requires treatment or supervision and to take immediate family members to medical and dental appointments. However, two (2) workdays’ advance notice is required when the medical/dental appointment is not due to an emergency condition and the immediate family member is other than the employee’s child. For this Article, immediate family shall be defined as referenced in Article 1.6. When an employee's sick leave necessitates more than three (3) consecutive days of leave from work, the employee may be requested to provide the Elected Official/Department Head written verification that he/she has been under the care of a medical doctor, or other bona fide practitioner. 15.3 COORDINATION - WORKER’S COMPENSATION AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 32 In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker’s Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee’s total accrued sick leave shall be the hourly equivalent of the Employer’s payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. 15.4 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1.6. 15.5 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 16 – LEAVES OF ABSENCE 16.1 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). 16.2 JURY DUTY/COURT An employee, who is required to serve on a jury or because 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. 16.3 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. 16.4 BEREAVEMENT Employees will be provided up to three (3) days of paid bereavement leave in the event of the death of an immediate family member. Immediate family includes only persons related by blood or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are wife, husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law, grandfather-in-law, AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 33 mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, nieces, nephews, cousins, aunts, and uncles of the employee. A day of bereavement leave shall be in accordance with the employee’s regularly scheduled workday. Bereavement leave will not be deducted from the accrued sick/vacation time. Additional time off may be requested and charged to sick leave, comp time, floating holiday or vacation leave, as approved by the Elected Official/Department Head. Use of sick leave shall follow Article 15, as well as any Federal or State laws. 16.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee’s anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue, and the employee’s anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or Military Leave. 16.6 LEAVE WITHOUT PAY Leave of absence requests are limited to six (6) months. 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 medical leave of absence without pay is granted, the employee shall have return rights to his/her previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 10.15. An employee on leave of absence may be affected by a layoff 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 16.5 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. 16.7 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 allowable leave balances must be exhausted prior to an employee taking leave without pay. Under the terms of the Family and Medical Leave Act of 1993 (FMLA) and the state law, upon the completion of one (1) year of employment, any employee who has worked at least 1250 hours during the prior twelve (12) months shall be entitled to up to twelve (12) weeks of leave per rolling year for qualifying events consistent with RCW 49.78 and FMLA. For purposes of this Article, the definition of “immediate family” will be found in Article 1.6. The Employer shall maintain the employee’s health benefits during this leave. If the employee fails to return from leave for any reason other than the medical condition initially qualifying for the FMLA absence, the Employer may recover from the employee the insurance premiums paid during any period of unpaid leave. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 34 If a leave qualifies under both federal and state law, the leave shall run concurrently. Ordinarily, the employee must provide thirty (30) days written advance notice to the Employer when the leave is foreseeable. The employee should report qualifying events as soon as known and practicable. The combination of FMLA and other types of leave(s) is not precluded and, in fact, leave utilizations are to be concurrent, with the intent that appropriate paid accruals are to be utilized first, consistent with other Articles of this Agreement. The Employee may elect to retain up to forty (40) hours of vacation (prorated by their FTE) for use upon return to work, consistent with the process identified in the personnel policy. Upon the employee’s election, any accrued comp time may be utilized prior to any period of unpaid leave. 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, the Union or any other resource for guidance. 16.8 MATERNITY DISABILITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer’s expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time, consistent with the retention provision as provided in Article 16.7. Once this paid leave is exhausted, the employee’s leave may be switched over to unpaid leave. 16.9 EMERGENCY CLOSURES Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current 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. If an employee is expected to work during an, emergency closure, or early release while any other employee does not have to arrive/remain at work because of a Department closure, the employee who must suffer work shall be credited the same amount of time off of the Department closure and the amount of time the Department closed workers were allowed to remain away from work. 16.10 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. 16.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE The County and the Union mutually agree to comply with all Long-term Services and Supports Trust Program laws, per RCW 50B.04, and future amendments to the statute. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 35 ARTICLE 17 – HEALTH & WELFARE 17.1 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, 2023, contributions shall be increased to one thousand four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2024, contributions shall be increased to one thousand five hundred and eighteen dollars ($1518) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2025, the contribution shall be increased to one thousand five hundred and seventy dollars ($1,570) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. D. Effective January 1, 2026, the contributions shall be increased to one thousand six hundred and twenty-two dollars ($1,622) 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 or more per month during the calendar year. This excludes separated employees that are being paid out for vacation, sick and comp time. Part-time employees hired after January 1, 2014, will have the benefits of this Article prorated to FTE and adjusted by actual hours worked effective upon the date of such language being approved under the Employer’s Personnel Policy. The above contribution is to be applied to premiums for Washington Teamsters Welfare Trust Medical Plan without optional coverage, 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 above, the priority of 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 contribution shall be paid by a reduction of the necessary amount from the employee’s wages. The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 17.2 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 18 - TRAINING AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 36 18.1 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. 18.2 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 19 – LABOR / MANAGEMENT COMMITTEES 19.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee of up to six (6) members from the Bargaining Unit and the Union staff representative, and seven (7) members from the Employer, including a representative from Human Resources. 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. 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. 19.2 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. ARTICLE 20 – HEALTH & SAFETY 20.1 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. 20.2 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. 20.3 DRUG FREE WORKPLACE AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 37 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 be 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. 20.4 WORK-PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a county employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 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. 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. 21.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. For Non-court employees - A grievance must be presented within ten (10) working days of the incident giving rise to the grievance or the date the grievant knew or could reasonably have known of the incident to the employee’s immediate supervisor or manager if the grievance is not related to a salary issue. However, if the incident is related to a salary issue, the employee and/or the Union Steward AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 38 shall submit a written grievance at Step 2 to the Elected Official/Department Head. If the grievance is not resolved by the employee and the immediate supervisor/manager, then a formal grievance may be filed at Step 2. For Court employees - If the grievance does not involve salary issues, a grievance shall be submitted to the Chief District Court Administrator. The Chief District Court Administrator shall respond to the grievance in accordance with Step One. If the grievance involves the Chief District Court Administrator, the grievance shall be submitted with the Chief District Court Administrator, and a copy is to be sent to the Presiding Judge. The judge shall respond to the grievance in accordance with step one. If the grievance involves the Judge, the same procedure will still be followed, except the copy of the grievance will be filed with the Presiding Judge Pro-tempore. The district court staff will be kept advised to the identity of the presiding judge pro-tempore. The Presiding Judge may ask the Human Resources department to be involved at any time during the grievance procedures, on any particular 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 Elected Official/Department Head within seven (7) working 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 seven (7) working days after the receipt of the official written grievance, the Elected Official/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 Elected Official/Department Head shall provide a written answer to the Employee and the Union Steward/Union Representative within ten (10) working days of the meeting. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. For Non-court employees - The written grievance shall be submitted to the Human Resources Director or Designee within seven (7) working days of the date of the written response at Step 2. Within seven (7) working days of receipt of the grievance, the Human Resources Director or Designee shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Human Resources Director or Designee shall provide a written answer to the Employee and the Union Steward/Union Representative within ten (10) working days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. For Court employees - If the grievance does not involve salary issues, the written grievance shall be submitted to the Presiding Judge within seven (7) working days of the date of the written response at Step 2. Within seven (7) working days of receipt of the grievance, the Judge shall schedule a meeting with the employee and Shop/Steward and/or Union Representative to hear and seek to resolve the grievance. The Judge shall provide a written answer to the Employee and the Union Steward/Union Representative within ten (10) working days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. If the grievance involves the presiding judge, the presiding judge pro-tempore will carry out the functions of the presiding judge, in this grievance. Step 4. The Union may refer the grievance, in writing, to the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Services (FMCS) or a mutually agreed upon arbitration service for arbitration and to request 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 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 39 cannot agree within ten (10) working 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 or Designee, and a copy of the referral provided to the Elected Official/Department Head and the Human Resources Director or Designee. The referral to arbitration will contain the following: 1. The specific details of the incident or issue giving rise to the grievance; 2. Article(s) and Section(s) of the Agreement allegedly violated; 3. Copies of the Step 2 and 3 responses to the grievance; and 4. Remedy sought. Grievance Arbitration. A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employee involved. C. 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. D. The arbitrator's decision shall be made in writing and shall be issued to the parties within a reasonable timeframe after the date of the arbitration hearing or after receipt of the parties’ post hearing briefs are submitted to the arbitrator. 21.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 21.4 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: 21.4.1 Investigate any grievance or dispute so that it can be properly presented in accordance with the grievance procedure. 21.4.2 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. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 40 21.4.3 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 ensure 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 22 - GENERAL PROVISIONS 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. If an article of this Agreement or any addenda thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or addenda. ARTICLE 23 – ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall become effective upon the signing of the Agreement and shall remain in effect through December 31, 2026. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. The existing contract shall remain in effect until a successor contract is signed pursuant to RCW 41.56.123. AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 42 APPENDIX A • No step increases to step 11 until annual anniversary date in 2024. • All bargaining unit employees who were at step 10 on or before 12/31/2022 will receive their step increase to step 11 on 1/1/2024 and their anniversary date for step increases will change to January 1. All other eligible employees will move to step 11 on their regular anniversary date in 2024. 2023 Salary Table 2.15% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 29 $5,004.76 $5,258.43 $5,523.83 $5,808.33 $6,098.69 $6,249.72 $6,409.57 $6,569.82 $6,734.08 $6,902.41 $7,074.97 27 $4,549.78 $4,780.39 $5,021.66 $5,280.29 $5,544.25 $5,681.55 $5,826.89 $5,972.56 $6,121.88 $6,274.92 $6,431.79 26 $4,438.81 $4,663.82 $4,899.22 $5,151.49 $5,409.02 $5,542.97 $5,684.77 $5,826.89 $5,972.56 $6,121.88 $6,274.92 25 $4,330.50 $4,550.06 $4,779.71 $5,025.85 $5,277.07 $5,407.78 $5,546.09 $5,684.74 $5,826.86 $5,972.53 $6,121.84 23 $4,122.43 $4,330.50 $4,550.06 $4,779.71 $5,025.85 $5,145.12 $5,277.07 $5,409.00 $5,544.23 $5,682.83 $5,824.90 22 $4,022.27 $4,223.91 $4,438.40 $4,661.72 $4,897.71 $5,025.85 $5,145.12 $5,273.75 $5,405.59 $5,540.73 $5,679.25 21 $3,920.70 $4,122.43 $4,330.50 $4,550.06 $4,779.71 $4,897.71 $5,025.85 $5,151.50 $5,280.29 $5,412.30 $5,547.61 20 $3,821.79 $4,022.27 $4,223.91 $4,438.40 $4,661.72 $4,779.71 $4,897.71 $5,020.16 $5,145.67 $5,274.31 $5,406.16 18 $3,640.28 $3,821.79 $4,022.27 $4,223.91 $4,438.40 $4,550.06 $4,661.72 $4,778.26 $4,897.71 $5,020.16 $5,145.66 16 $3,465.18 $3,640.28 $3,821.79 $4,022.27 $4,223.91 $4,330.50 $4,438.40 $4,549.36 $4,663.10 $4,779.67 $4,899.16 14 $3,297.72 $3,465.18 $3,640.28 $3,821.79 $4,022.27 $4,122.43 $4,223.91 $4,329.51 $4,437.76 $4,548.69 $4,662.41 2024 Salary Table 2.00% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 29 $5,104.85 $5,363.60 $5,634.30 $5,924.50 $6,220.66 $6,374.71 $6,537.76 $6,701.21 $6,868.76 $7,040.46 $7,216.47 27 $4,640.77 $4,875.99 $5,122.10 $5,385.89 $5,655.13 $5,795.18 $5,943.42 $6,092.01 $6,244.31 $6,400.42 $6,560.43 26 $4,527.59 $4,757.09 $4,997.20 $5,254.52 $5,517.20 $5,653.83 $5,798.46 $5,943.42 $6,092.01 $6,244.31 $6,400.42 25 $4,417.11 $4,641.06 $4,875.30 $5,126.37 $5,382.61 $5,515.94 $5,657.01 $5,798.43 $5,943.39 $6,091.98 $6,244.28 23 $4,204.88 $4,417.11 $4,641.06 $4,875.30 $5,126.37 $5,248.02 $5,382.61 $5,517.18 $5,655.11 $5,796.49 $5,941.40 22 $4,102.71 $4,308.39 $4,527.17 $4,754.95 $4,995.67 $5,126.37 $5,248.02 $5,379.23 $5,513.70 $5,651.55 $5,792.84 21 $3,999.12 $4,204.88 $4,417.11 $4,641.06 $4,875.30 $4,995.67 $5,126.37 $5,254.53 $5,385.89 $5,520.54 $5,658.56 20 $3,898.22 $4,102.71 $4,308.39 $4,527.17 $4,754.95 $4,875.30 $4,995.67 $5,120.56 $5,248.58 $5,379.79 $5,514.29 18 $3,713.08 $3,898.22 $4,102.71 $4,308.39 $4,527.17 $4,641.06 $4,754.95 $4,873.82 $4,995.67 $5,120.56 $5,248.57 16 $3,534.49 $3,713.08 $3,898.22 $4,102.71 $4,308.39 $4,417.11 $4,527.17 $4,640.35 $4,756.36 $4,875.26 $4,997.14 14 $3,363.67 $3,534.49 $3,713.08 $3,898.22 $4,102.71 $4,204.88 $4,308.39 $4,416.11 $4,526.51 $4,639.67 $4,755.66 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 43 APPENDIX A - Continued 2025 Salary Table 2.00% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 29 $5,206.95 $5,470.87 $5,746.99 $6,042.99 $6,345.08 $6,502.21 $6,668.52 $6,835.24 $7,006.13 $7,181.27 $7,360.80 27 $4,733.59 $4,973.51 $5,224.54 $5,493.61 $5,768.24 $5,911.09 $6,062.29 $6,213.85 $6,369.20 $6,528.43 $6,691.64 26 $4,618.14 $4,852.24 $5,097.14 $5,359.61 $5,627.55 $5,766.90 $5,914.43 $6,062.29 $6,213.85 $6,369.20 $6,528.43 25 $4,505.45 $4,733.88 $4,972.81 $5,228.90 $5,490.27 $5,626.26 $5,770.15 $5,914.40 $6,062.26 $6,213.82 $6,369.16 23 $4,288.98 $4,505.45 $4,733.88 $4,972.81 $5,228.90 $5,352.99 $5,490.27 $5,627.52 $5,768.21 $5,912.42 $6,060.23 22 $4,184.77 $4,394.56 $4,617.71 $4,850.05 $5,095.58 $5,228.90 $5,352.99 $5,486.81 $5,623.98 $5,764.58 $5,908.70 21 $4,079.10 $4,288.98 $4,505.45 $4,733.88 $4,972.81 $5,095.58 $5,228.90 $5,359.62 $5,493.61 $5,630.96 $5,771.73 20 $3,976.19 $4,184.77 $4,394.56 $4,617.71 $4,850.05 $4,972.81 $5,095.58 $5,222.97 $5,353.55 $5,487.39 $5,624.57 18 $3,787.34 $3,976.19 $4,184.77 $4,394.56 $4,617.71 $4,733.88 $4,850.05 $4,971.30 $5,095.58 $5,222.97 $5,353.55 16 $3,605.18 $3,787.34 $3,976.19 $4,184.77 $4,394.56 $4,505.45 $4,617.71 $4,733.15 $4,851.49 $4,972.77 $5,097.09 14 $3,430.95 $3,605.18 $3,787.34 $3,976.19 $4,184.77 $4,288.98 $4,394.56 $4,504.43 $4,617.04 $4,732.46 $4,850.77 2026 Salary Table 2.25% Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 29 $5,324.10 $5,593.97 $5,876.30 $6,178.95 $6,487.84 $6,648.51 $6,818.56 $6,989.03 $7,163.77 $7,342.84 $7,526.42 27 $4,840.10 $5,085.42 $5,342.09 $5,617.22 $5,898.02 $6,044.09 $6,198.69 $6,353.66 $6,512.51 $6,675.32 $6,842.20 26 $4,722.05 $4,961.41 $5,211.83 $5,480.20 $5,754.17 $5,896.66 $6,047.51 $6,198.69 $6,353.66 $6,512.51 $6,675.32 25 $4,606.82 $4,840.39 $5,084.70 $5,346.55 $5,613.80 $5,752.85 $5,899.98 $6,047.47 $6,198.66 $6,353.63 $6,512.47 23 $4,385.48 $4,606.82 $4,840.39 $5,084.70 $5,346.55 $5,473.43 $5,613.80 $5,754.14 $5,898.00 $6,045.45 $6,196.58 22 $4,278.92 $4,493.44 $4,721.61 $4,959.18 $5,210.23 $5,346.55 $5,473.43 $5,610.27 $5,750.52 $5,894.28 $6,041.64 21 $4,170.88 $4,385.48 $4,606.82 $4,840.39 $5,084.70 $5,210.23 $5,346.55 $5,480.21 $5,617.22 $5,757.65 $5,901.59 20 $4,065.65 $4,278.92 $4,493.44 $4,721.61 $4,959.18 $5,084.70 $5,210.23 $5,340.49 $5,474.01 $5,610.86 $5,751.13 18 $3,872.56 $4,065.65 $4,278.92 $4,493.44 $4,721.61 $4,840.39 $4,959.18 $5,083.15 $5,210.23 $5,340.49 $5,474.00 16 $3,686.29 $3,872.56 $4,065.65 $4,278.92 $4,493.44 $4,606.82 $4,721.61 $4,839.65 $4,960.65 $5,084.65 $5,211.77 14 $3,508.14 $3,686.29 $3,872.56 $4,065.65 $4,278.92 $4,385.48 $4,493.44 $4,605.78 $4,720.93 $4,838.94 $4,959.91 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 44 APPENDIX B AFSCME CLASSIFICATION AND SALARY RANGE DEPARTMENT/JOB TITLE PAY RANGE Assessor Administrative Data Technician 26 Levy/Personal Property Technician 21 Real Property Technician 20 Senior Appraisal Technician 20 Appraisal Technician 18 Clerk 14 Auditor Financial Analyst 27 Sr. Financial Analyst 29 Recording Manager/Archive Specialist 26 Licensing Lead 23 Accounting Technician 18 Sr. Office Technician 18 Assistant Election Administrator 20 Office Technician 14 Elections Technician 16 Sr. Elections Technician 18 County Clerk Jury Manager/Records Manager 20 Deputy Clerk III 20 Deputy Clerk II 18 Deputy Clerk I 14 District Court District Court Administrative Assistant 25 Judicial Support Specialist III 20 Judicial Support Specialist II 18 Judicial Support Specialist I 14 Judicial Probation Specialist lll 20 Judicial Probation Specialist ll 18 Emergency Management Senior Emergency Management Coordinator 26 Emergency Management Training/Exercise Coordinator 23 Treasurer Finance Accounting Deputy - Investments-Banking 22 Finance Accounting Deputy - IT-Billing Specialist 22 Cashier Deputy Foreclosure 22 Finance Accounting Deputy 20 Cashier Deputy Collections 18 AFSCME Local No.1504 and Mason County 2023-2026 Collective Bargaining Agreement Page 45 Senior Cashier 18 Cashier 14 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 31, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Updates to the Non-Represented Salary Scale Background/Executive Summary: 1. Removal of the positions Administrative Assistant (Range 17) and Legal Secretary (Range 13) from the current Non-Represented Scale. 2. Retitle Receptionist/Secretary to Customer Service Specialist (no Range change). 3. Create new title for second Receptionist/Secretary position to Administrative Assistant – Commissioner’s Office to reflect higher duties (move from Range 10 to Range 13). The removal of the two positions from the pay scale are due to Union negotiations and moving to their own scale (Public Defense Support Staff). Retitling and classifying the two Receptionist/Secretary positions upon request of Central Services and the demonstrated need for additional support. Budget Impact (amount, funding source, budget amendment): Supplemental – funded by Ending Fund Balance Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to update the Non-Represented Salary scale to show the removal of the Administrative Assistant and Legal Secretary positions, retitle Receptionist/Secretary to Customer Service Specialist, and to create a new title for the second Receptionist/Secretary to Administrative Assistant – Commissioner’s Office and to move that position from a Range 10 to Range 13. Attachments: 2023 Non-Represented Salary Scale Resolution Page | 1 RESOLUTION NO. __________ AMENDING RESOLUTION NO. 2023-009 REVISE THE NON-REPRESENTED SALARY RANGE TABLE TO UPDATE CLASSIFICATION TITLES AND RANGES. WHEREAS RCW 36.16.070 states… The Board shall fix the compensation of all employees…; WHEREAS the there is a need to remove two positions from the scale as they are now represented. WHEREAS one position needs to be split into new position titles. NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners does hereby revise the Non-Represented Salary Scale Range Alignment approving the attached 2023 Non-Represented Salary Schedule to be effective August 1, 2023. DATED this _____ day of _________. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief DPA BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _________________________________ Sharon Trask, Chair _________________________________ Kevin Shutty, Commissioner Randy Neatherlin, Commissioner RANGE CLASSIFICATION TITLE JOB CLASS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 49 County Administrator 3601 Annual 148,678.73$ 152,395.70$ 156,205.46$ 160,110.71$ 164,113.63$ 168,216.19$ 172,421.56$ 176,732.18$ 181,150.48$ 185,679.25$ Monthly 12,389.89$ 12,699.64$ 13,017.12$ 13,342.56$ 13,676.14$ 14,018.02$ 14,368.46$ 14,727.68$ 15,095.87$ 15,473.27$ Semi-Monthly 6,194.95$ 6,349.82$ 6,508.56$ 6,671.28$ 6,838.07$ 7,009.01$ 7,184.23$ 7,363.84$ 7,547.94$ 7,736.64$ 48 Community Development Director 2070 Annual 122,404.03$ 125,543.22$ 128,762.26$ 132,063.12$ 135,449.93$ 138,922.21$ 142,395.22$ 145,955.17$ 149,604.04$ 153,344.15$ Human Resources Director 2900 Monthly 10,200.34$ 10,461.94$ 10,730.19$ 11,005.26$ 11,287.49$ 11,576.85$ 11,866.27$ 12,162.93$ 12,467.00$ 12,778.68$ Public Health & Human Services Director 2170 Semi-Monthly 5,100.17$ 5,230.97$ 5,365.09$ 5,502.63$ 5,643.75$ 5,788.43$ 5,933.13$ 6,081.47$ 6,233.50$ 6,389.34$ Public Works & Utilities Director 4005 UnderSheriff 3000 47 County Engineer 4008 Annual 104,742.97$ 107,361.45$ 109,963.51$ 112,712.58$ 115,554.01$ 118,364.65$ 121,330.00$ 124,341.02$ 127,449.55$ 130,635.79$ Monthly 8,728.58$ 8,946.79$ 9,163.63$ 9,392.71$ 9,629.50$ 9,863.72$ 10,110.83$ 10,361.75$ 10,620.80$ 10,886.32$ Semi-Monthly 4,364.29$ 4,473.39$ 4,581.81$ 4,696.36$ 4,814.75$ 4,931.86$ 5,055.42$ 5,180.88$ 5,310.40$ 5,443.16$ 46 Annual 102,188.27$ 104,742.88$ 107,281.47$ 109,963.49$ 112,735.62$ 115,477.71$ 118,370.74$ 121,308.32$ 124,341.02$ 127,449.55$ Monthly 8,515.69$ 8,728.57$ 8,940.12$ 9,163.62$ 9,394.63$ 9,623.14$ 9,864.23$ 10,109.03$ 10,361.75$ 10,620.80$ Semi-Monthly 4,257.84$ 4,364.29$ 4,470.06$ 4,581.81$ 4,697.32$ 4,811.57$ 4,932.11$ 5,054.51$ 5,180.88$ 5,310.40$ 45 Chief Criminal Deputy 3002 Annual 99,695.87$ 102,188.18$ 104,664.85$ 107,281.46$ 109,985.97$ 112,661.18$ 115,483.65$ 118,349.58$ 121,308.32$ 124,341.02$ Monthly 8,307.99$ 8,515.68$ 8,722.07$ 8,940.12$ 9,165.50$ 9,388.43$ 9,623.64$ 9,862.46$ 10,109.03$ 10,361.75$ Semi-Monthly 4,153.99$ 4,257.84$ 4,361.04$ 4,470.06$ 4,582.75$ 4,694.22$ 4,811.82$ 4,931.23$ 5,054.51$ 5,180.88$ 44 Deputy Director Public Works/Utilities & Waste Mgmt 4010 Annual 97,299.54$ 99,732.01$ 102,179.87$ 104,734.21$ 107,295.62$ 109,970.83$ 112,719.79$ 115,542.25$ 118,430.81$ 121,391.58$ Monthly 8,108.29$ 8,311.00$ 8,514.99$ 8,727.85$ 8,941.30$ 9,164.24$ 9,393.32$ 9,628.52$ 9,869.23$ 10,115.96$ Semi-Monthly 4,054.15$ 4,155.50$ 4,257.49$ 4,363.93$ 4,470.65$ 4,582.12$ 4,696.66$ 4,814.26$ 4,934.62$ 5,057.98$ 43 Chief Jail 3003 Annual 94,918.10$ 97,290.99$ 99,666.81$ 102,158.38$ 104,649.47$ 107,281.21$ 109,941.53$ 112,705.14$ 115,522.77$ 118,410.84$ Chief Public Defender 1160 Monthly 7,909.84$ 8,107.58$ 8,305.57$ 8,513.20$ 8,720.79$ 8,940.10$ 9,161.79$ 9,392.09$ 9,626.90$ 9,867.57$ Chief Superior Court Administrator 4650 Semi-Monthly 3,954.92$ 4,053.79$ 4,152.78$ 4,256.60$ 4,360.39$ 4,470.05$ 4,580.90$ 4,696.05$ 4,813.45$ 4,933.78$ 42 Central Services Manager 1153 Annual 92,698.08$ 95,015.53$ 97,329.33$ 99,762.54$ 102,179.87$ 104,752.52$ 107,369.12$ 110,044.33$ 112,795.44$ 115,615.33$ Monthly 7,724.84$ 7,917.96$ 8,110.78$ 8,313.54$ 8,514.99$ 8,729.38$ 8,947.43$ 9,170.36$ 9,399.62$ 9,634.61$ Semi-Monthly 3,862.42$ 3,958.98$ 4,055.39$ 4,156.77$ 4,257.49$ 4,364.69$ 4,473.71$ 4,585.18$ 4,699.81$ 4,817.31$ 41 Chief District Court Administrator 1180 Annual 90,405.04$ 92,665.11$ 94,918.10$ 97,290.99$ 99,680.73$ 102,165.47$ 104,723.22$ 107,339.82$ 110,023.31$ 112,773.90$ Jail Lieutenant 3005 Monthly 7,533.75$ 7,722.09$ 7,909.84$ 8,107.58$ 8,306.73$ 8,513.79$ 8,726.93$ 8,944.98$ 9,168.61$ 9,397.82$ Patrol Lieutenant 3006 Semi-Monthly 3,766.88$ 3,861.05$ 3,954.92$ 4,053.79$ 4,153.36$ 4,256.89$ 4,363.47$ 4,472.49$ 4,584.30$ 4,698.91$ Budget & Finance Manager 1155 Chief Finance Officer 2000 Chief Civil Deputy 3001 40 Engineering and Construction Manager 4030 Annual 88,273.66$ 90,480.50$ 92,698.08$ 95,015.53$ 97,314.19$ 99,754.97$ 102,253.87$ 104,811.37$ 107,431.66$ 110,117.45$ Monthly 7,356.14$ 7,540.04$ 7,724.84$ 7,917.96$ 8,109.52$ 8,312.91$ 8,521.16$ 8,734.28$ 8,952.64$ 9,176.45$ Semi-Monthly 3,678.07$ 3,770.02$ 3,862.42$ 3,958.98$ 4,054.76$ 4,156.46$ 4,260.58$ 4,367.14$ 4,476.32$ 4,588.23$ 39 Annual 86,112.98$ 88,265.85$ 90,435.07$ 92,696.12$ 94,947.89$ 97,314.19$ 99,754.97$ 102,253.87$ 104,810.21$ 107,430.47$ Monthly 7,176.08$ 7,355.49$ 7,536.26$ 7,724.68$ 7,912.32$ 8,109.52$ 8,312.91$ 8,521.16$ 8,734.18$ 8,952.54$ Semi-Monthly 3,588.04$ 3,677.74$ 3,768.13$ 3,862.34$ 3,956.16$ 4,054.76$ 4,156.46$ 4,260.58$ 4,367.09$ 4,476.27$ 38 County Surveyor 4058 Annual 84,055.11$ 86,156.45$ 88,259.01$ 90,465.60$ 92,669.02$ 95,006.50$ 97,343.25$ 99,798.44$ 102,293.40$ 104,850.73$ DEM/Parks & Trails Manager 2059 Monthly 7,004.59$ 7,179.70$ 7,354.92$ 7,538.80$ 7,722.42$ 7,917.21$ 8,111.94$ 8,316.54$ 8,524.45$ 8,737.56$ Facilities Manager 2058 Semi-Monthly 3,502.30$ 3,589.85$ 3,677.46$ 3,769.40$ 3,861.21$ 3,958.60$ 4,055.97$ 4,158.27$ 4,262.22$ 4,368.78$ Water & Wastewater Manager 4015 37 Annual 81,996.99$ 84,047.05$ 86,098.08$ 88,250.46$ 90,419.93$ 92,669.02$ 94,991.85$ 97,358.14$ 99,792.10$ 102,286.90$ Monthly 6,833.08$ 7,003.92$ 7,174.84$ 7,354.21$ 7,534.99$ 7,722.42$ 7,915.99$ 8,113.18$ 8,316.01$ 8,523.91$ Semi-Monthly 3,416.54$ 3,501.96$ 3,587.42$ 3,677.10$ 3,767.50$ 3,861.21$ 3,957.99$ 4,056.59$ 4,158.00$ 4,261.95$ 36 Engineer III 4033 Annual 80,041.68$ 82,042.90$ 84,055.11$ 86,156.45$ 88,259.01$ 90,478.54$ 92,743.25$ 95,064.86$ 97,441.48$ 99,877.52$ Road Operations & Maintenance Manager 4231 Monthly 6,670.14$ 6,836.91$ 7,004.59$ 7,179.70$ 7,354.92$ 7,539.88$ 7,728.60$ 7,922.07$ 8,120.12$ 8,323.13$ Semi-Monthly 3,335.07$ 3,418.45$ 3,502.30$ 3,589.85$ 3,677.46$ 3,769.94$ 3,864.30$ 3,961.04$ 4,060.06$ 4,161.56$ 35 Juvenile Court Services Deputy Administrator 1052 Annual 78,116.16$ 80,069.03$ 82,026.05$ 84,076.84$ 86,127.63$ 88,273.66$ 90,492.95$ 92,757.66$ 95,076.60$ 97,453.52$ Community Health Manager 2171 Monthly 6,509.68$ 6,672.42$ 6,835.50$ 7,006.40$ 7,177.30$ 7,356.14$ 7,541.08$ 7,729.81$ 7,923.05$ 8,121.13$ Environmental Health Manager 2169 Semi-Monthly 3,254.84$ 3,336.21$ 3,417.75$ 3,503.20$ 3,588.65$ 3,678.07$ 3,770.54$ 3,864.90$ 3,961.53$ 4,060.56$ 34 Public Works Finance Manager 2011 Annual 76,263.66$ 78,170.37$ 80,056.94$ 82,058.28$ 84,069.76$ 86,171.59$ 88,332.27$ 90,537.88$ 92,801.33$ 95,121.36$ Monthly 6,355.31$ 6,514.20$ 6,671.41$ 6,838.19$ 7,005.81$ 7,180.97$ 7,361.02$ 7,544.82$ 7,733.44$ 7,926.78$ Semi-Monthly 3,177.65$ 3,257.10$ 3,335.71$ 3,419.10$ 3,502.91$ 3,590.48$ 3,680.51$ 3,772.41$ 3,866.72$ 3,963.39$ 33 Annual 74,396.75$ 76,256.58$ 78,116.16$ 80,069.03$ 82,026.05$ 84,069.76$ 86,171.59$ 88,332.27$ 90,540.57$ 92,804.09$ Monthly 6,199.73$ 6,354.71$ 6,509.68$ 6,672.42$ 6,835.50$ 7,005.81$ 7,180.97$ 7,361.02$ 7,545.05$ 7,733.67$ Semi-Monthly 3,099.86$ 3,177.36$ 3,254.84$ 3,336.21$ 3,417.75$ 3,502.91$ 3,590.48$ 3,680.51$ 3,772.52$ 3,866.84$ 32 Project Support Services Manager 4201 Annual 72,647.79$ 74,463.91$ 76,278.31$ 78,185.27$ 80,071.23$ 82,070.00$ 84,128.12$ 86,230.68$ 88,386.45$ 90,596.11$ Prosecuting Attorney Administrative Manager 2149 Monthly 6,053.98$ 6,205.33$ 6,356.53$ 6,515.44$ 6,672.60$ 6,839.17$ 7,010.68$ 7,185.89$ 7,365.54$ 7,549.68$ Semi-Monthly 3,026.99$ 3,102.66$ 3,178.26$ 3,257.72$ 3,336.30$ 3,419.58$ 3,505.34$ 3,592.95$ 3,682.77$ 3,774.84$ 31 Chief Deputy Clerk 1108 Annual 70,825.08$ 72,595.78$ 74,382.34$ 76,241.93$ 78,101.51$ 80,041.68$ 82,055.11$ 84,113.47$ 86,216.31$ 88,371.71$ Juvenile Detention Manager 3800 Monthly 5,902.09$ 6,049.65$ 6,198.53$ 6,353.49$ 6,508.46$ 6,670.14$ 6,837.93$ 7,009.46$ 7,184.69$ 7,364.31$ Chief Deputy Assessor 1099 Semi-Monthly 2,951.05$ 3,024.82$ 3,099.26$ 3,176.75$ 3,254.23$ 3,335.07$ 3,418.96$ 3,504.73$ 3,592.35$ 3,682.15$ Chief Deputy Treasurer 1139 2023 Non-Represented Salary Range Alignment RANGE CLASSIFICATION TITLE JOB CLASS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 30 Engineering & Construction Assistant Manager 4029 Annual 69,177.95$ 70,907.38$ 72,632.89$ 74,448.52$ 76,263.66$ 78,174.53$ 80,100.29$ 82,113.96$ 84,166.81$ 86,270.98$ Monthly 5,764.83$ 5,908.95$ 6,052.74$ 6,204.04$ 6,355.31$ 6,514.54$ 6,675.02$ 6,842.83$ 7,013.90$ 7,189.25$ Semi-Monthly 2,882.41$ 2,954.47$ 3,026.37$ 3,102.02$ 3,177.65$ 3,257.27$ 3,337.51$ 3,421.41$ 3,506.95$ 3,594.62$ 29 Equipment Maintenance Supervisor 4080 Annual 67,502.74$ 69,190.41$ 70,854.14$ 72,625.57$ 74,396.75$ 76,278.31$ 78,174.53$ 80,130.08$ 82,133.33$ 84,186.66$ Finance Manager 3410 Monthly 5,625.23$ 5,765.87$ 5,904.51$ 6,052.13$ 6,199.73$ 6,356.53$ 6,514.54$ 6,677.51$ 6,844.44$ 7,015.56$ Road Operations & Maintenance Supervisor 4022 Semi-Monthly 2,812.61$ 2,882.93$ 2,952.26$ 3,026.07$ 3,099.86$ 3,178.26$ 3,257.27$ 3,338.75$ 3,422.22$ 3,507.78$ Elections Superintendent 1080 28 Engineer II 4032 Annual 65,885.16$ 67,532.29$ 69,177.95$ 70,907.38$ 72,632.89$ 74,440.71$ 76,322.51$ 78,233.62$ 80,189.46$ 82,194.20$ Senior Epidemiologist 3416 Monthly 5,490.43$ 5,627.69$ 5,764.83$ 5,908.95$ 6,052.74$ 6,203.39$ 6,360.21$ 6,519.47$ 6,682.46$ 6,849.52$ Semi-Monthly 2,745.22$ 2,813.85$ 2,882.41$ 2,954.47$ 3,026.37$ 3,101.70$ 3,180.10$ 3,259.73$ 3,341.23$ 3,424.76$ 27 Therapeutic Court Program Manager 2199 Annual 64,283.21$ 65,890.29$ 67,488.09$ 69,175.27$ 70,839.49$ 72,632.89$ 74,440.71$ 76,293.45$ 78,200.79$ 80,155.81$ Solid Waste Manager 2200 Monthly 5,356.93$ 5,490.86$ 5,624.01$ 5,764.61$ 5,903.29$ 6,052.74$ 6,203.39$ 6,357.79$ 6,516.73$ 6,679.65$ Public Works Office Administrator 2045 Semi-Monthly 2,678.47$ 2,745.43$ 2,812.00$ 2,882.30$ 2,951.65$ 3,026.37$ 3,101.70$ 3,178.89$ 3,258.37$ 3,339.83$ 26 Engineer I 4031 Annual 62,754.52$ 64,323.26$ 65,885.16$ 67,532.29$ 69,177.95$ 70,883.45$ 72,676.85$ 74,499.80$ 76,362.30$ 78,271.36$ Epidemiologist 3415 Monthly 5,229.54$ 5,360.27$ 5,490.43$ 5,627.69$ 5,764.83$ 5,906.95$ 6,056.40$ 6,208.32$ 6,363.52$ 6,522.61$ Semi-Monthly 2,614.77$ 2,680.14$ 2,745.22$ 2,813.85$ 2,882.41$ 2,953.48$ 3,028.20$ 3,104.16$ 3,181.76$ 3,261.31$ 25 Human Resources Analyst 1157 Annual 61,210.93$ 62,741.33$ 64,268.07$ 65,874.90$ 67,473.93$ 69,163.55$ 70,869.04$ 72,662.20$ 74,478.75$ 76,340.72$ Risk Manager 1057 Monthly 5,100.91$ 5,228.44$ 5,355.67$ 5,489.58$ 5,622.83$ 5,763.63$ 5,905.75$ 6,055.18$ 6,206.56$ 6,361.73$ Semi-Monthly 2,550.46$ 2,614.22$ 2,677.84$ 2,744.79$ 2,811.41$ 2,881.81$ 2,952.88$ 3,027.59$ 3,103.28$ 3,180.86$ 24 Clerk of the Board 1056 Annual 59,770.64$ 61,264.90$ 62,754.52$ 64,323.26$ 65,885.16$ 67,532.04$ 69,207.75$ 70,957.44$ 72,731.37$ 74,549.66$ Noxious Weed Coordinator 2226 Monthly 4,980.89$ 5,105.41$ 5,229.54$ 5,360.27$ 5,490.43$ 5,627.67$ 5,767.31$ 5,913.12$ 6,060.95$ 6,212.47$ Office Manager 2040 Semi-Monthly 2,490.44$ 2,552.70$ 2,614.77$ 2,680.14$ 2,745.22$ 2,813.84$ 2,883.66$ 2,956.56$ 3,030.47$ 3,106.24$ 23 Financial Analyst - Superior Court 4652 Annual 58,299.82$ 59,757.45$ 61,210.93$ 62,741.33$ 64,268.07$ 65,885.16$ 67,532.04$ 69,207.75$ 70,937.94$ 72,711.39$ Financial Analyst - Central Ops 1158 Monthly 4,858.32$ 4,979.79$ 5,100.91$ 5,228.44$ 5,355.67$ 5,490.43$ 5,627.67$ 5,767.31$ 5,911.49$ 6,059.28$ Public Records Coordinator 3602 Semi-Monthly 2,429.16$ 2,489.89$ 2,550.46$ 2,614.22$ 2,677.84$ 2,745.22$ 2,813.84$ 2,883.66$ 2,955.75$ 3,029.64$ Lead Judicial Assistant 4653 Temp Financial Analyst - Central Ops 3603 22 Official Court Recorder/Family Law Facilitator 1192 Annual 56,918.87$ 58,341.82$ 59,770.64$ 61,264.90$ 62,769.41$ 64,327.16$ 65,929.36$ 67,576.00$ 69,265.40$ 70,997.04$ Official Court Recorder/Judicial Assistant 1193 Monthly 4,743.24$ 4,861.82$ 4,980.89$ 5,105.41$ 5,230.78$ 5,360.60$ 5,494.11$ 5,631.33$ 5,772.12$ 5,916.42$ Semi-Monthly 2,371.62$ 2,430.91$ 2,490.44$ 2,552.70$ 2,615.39$ 2,680.30$ 2,747.06$ 2,815.67$ 2,886.06$ 2,958.21$ 21 Annual 55,521.80$ 56,909.83$ 58,299.82$ 59,757.45$ 61,225.82$ 62,754.52$ 64,312.76$ 65,914.95$ 67,562.83$ 69,251.90$ Monthly 4,626.82$ 4,742.49$ 4,858.32$ 4,979.79$ 5,102.15$ 5,229.54$ 5,359.40$ 5,492.91$ 5,630.24$ 5,770.99$ Semi-Monthly 2,313.41$ 2,371.24$ 2,429.16$ 2,489.89$ 2,551.08$ 2,614.77$ 2,679.70$ 2,746.46$ 2,815.12$ 2,885.50$ 20 Annual 54,184.32$ 55,538.89$ 56,903.97$ 58,326.44$ 59,755.74$ 61,240.23$ 62,783.82$ 64,342.06$ 65,950.61$ 67,599.38$ Monthly 4,515.36$ 4,628.24$ 4,742.00$ 4,860.54$ 4,979.65$ 5,103.35$ 5,231.99$ 5,361.84$ 5,495.88$ 5,633.28$ Semi-Monthly 2,257.68$ 2,314.12$ 2,371.00$ 2,430.27$ 2,489.82$ 2,551.68$ 2,615.99$ 2,680.92$ 2,747.94$ 2,816.64$ 19 Administrative Clerk 1055 Annual 52,875.65$ 54,197.02$ 66,510.80$ 56,909.83$ 58,299.82$ 59,770.64$ 61,254.88$ 62,798.72$ 64,368.68$ 65,977.90$ Monthly 4,406.30$ 4,516.42$ 5,542.57$ 4,742.49$ 4,858.32$ 4,980.89$ 5,104.57$ 5,233.23$ 5,364.06$ 5,498.16$ Semi-Monthly 2,203.15$ 2,258.21$ 2,771.28$ 2,371.24$ 2,429.16$ 2,490.44$ 2,552.29$ 2,616.61$ 2,682.03$ 2,749.08$ 18 Annual 51,626.57$ 52,917.16$ 54,198.97$ 55,554.03$ 56,918.87$ 58,335.61$ 59,799.94$ 61,284.68$ 62,816.79$ 64,387.21$ Monthly 4,302.21$ 4,409.76$ 4,516.58$ 4,629.50$ 4,743.24$ 4,861.30$ 4,983.33$ 5,107.06$ 5,234.73$ 5,365.60$ Semi-Monthly 2,151.11$ 2,204.88$ 2,258.29$ 2,314.75$ 2,371.62$ 2,430.65$ 2,491.66$ 2,553.53$ 2,617.37$ 2,682.80$ 17 Administrative Assistant 1040 Annual 50,362.34$ 51,621.44$ 52,890.30$ 54,212.64$ 55,536.94$ 56,933.76$ 58,344.26$ 59,814.59$ 61,309.96$ 62,842.71$ Monthly 4,196.86$ 4,301.79$ 4,407.53$ 4,517.72$ 4,628.08$ 4,744.48$ 4,862.02$ 4,984.55$ 5,109.16$ 5,236.89$ Semi-Monthly 2,098.43$ 2,150.89$ 2,203.76$ 2,258.86$ 2,314.04$ 2,372.24$ 2,431.01$ 2,492.27$ 2,554.58$ 2,618.45$ 16 Annual 49,156.73$ 50,385.79$ 51,626.57$ 52,917.16$ 54,198.97$ 55,566.49$ 56,948.42$ 58,358.67$ 59,817.64$ 61,313.08$ Monthly 4,096.39$ 4,198.82$ 4,302.21$ 4,409.76$ 4,516.58$ 4,630.54$ 4,745.70$ 4,863.22$ 4,984.80$ 5,109.42$ Semi-Monthly 2,048.20$ 2,099.41$ 2,151.11$ 2,204.88$ 2,258.29$ 2,315.27$ 2,372.85$ 2,431.61$ 2,492.40$ 2,554.71$ 15 Deputy Coroner 3071 Annual 47,966.01$ 49,165.27$ 50,376.99$ 51,636.33$ 52,875.65$ 54,184.32$ 55,521.80$ 56,918.87$ 58,341.84$ 59,800.39$ Monthly 3,997.17$ 4,097.11$ 4,198.08$ 4,303.03$ 4,406.30$ 4,515.36$ 4,626.82$ 4,743.24$ 4,861.82$ 4,983.37$ Semi-Monthly 1,998.58$ 2,048.55$ 2,099.04$ 2,151.51$ 2,203.15$ 2,257.68$ 2,313.41$ 2,371.62$ 2,430.91$ 2,491.68$ 14 Therapeutic Courts Caseworker 1185 Annual 46,805.57$ 47,975.53$ 49,142.32$ 50,370.89$ 51,597.26$ 52,890.30$ 54,213.62$ 55,581.14$ 56,970.67$ 58,394.94$ Monthly 3,900.46$ 3,997.96$ 4,095.19$ 4,197.57$ 4,299.77$ 4,407.53$ 4,517.80$ 4,631.76$ 4,747.56$ 4,866.24$ Semi-Monthly 1,950.23$ 1,998.98$ 2,047.60$ 2,098.79$ 2,149.89$ 2,203.76$ 2,258.90$ 2,315.88$ 2,373.78$ 2,433.12$ 13 Legal Secretary 2155 Annual 45,672.97$ 46,814.85$ 47,951.60$ 49,150.38$ 50,362.34$ 51,611.91$ 52,905.20$ 54,228.52$ 55,584.23$ 56,973.84$ Administrative Assistant- Commissioner's Office Monthly 3,806.08$ 3,901.24$ 3,995.97$ 4,095.86$ 4,196.86$ 4,300.99$ 4,408.77$ 4,519.04$ 4,632.02$ 4,747.82$ Semi-Monthly 1,903.04$ 1,950.62$ 1,997.98$ 2,047.93$ 2,098.43$ 2,150.50$ 2,204.38$ 2,259.52$ 2,316.01$ 2,373.91$ 12 Annual 44,570.65$ 45,684.94$ 46,805.57$ 47,975.53$ 49,142.32$ 50,376.99$ 51,641.46$ 52,919.85$ 54,242.85$ 55,598.92$ Monthly 3,714.22$ 3,807.08$ 3,900.46$ 3,997.96$ 4,095.19$ 4,198.08$ 4,303.46$ 4,409.99$ 4,520.24$ 4,633.24$ Semi-Monthly 1,857.11$ 1,903.54$ 1,950.23$ 1,998.98$ 2,047.60$ 2,099.04$ 2,151.73$ 2,204.99$ 2,260.12$ 2,316.62$ 11 Annual 43,497.88$ 44,585.30$ 45,672.97$ 46,814.85$ 47,951.60$ 49,156.73$ 50,391.89$ 51,641.46$ 52,932.50$ 54,255.81$ Monthly 3,624.82$ 3,715.44$ 3,806.08$ 3,901.24$ 3,995.97$ 4,096.39$ 4,199.32$ 4,303.46$ 4,411.04$ 4,521.32$ Semi-Monthly 1,812.41$ 1,857.72$ 1,903.04$ 1,950.62$ 1,997.98$ 2,048.20$ 2,099.66$ 2,151.73$ 2,205.52$ 2,260.66$ 10 Receptionist/Secretary 2041 Annual 42,468.33$ 43,530.12$ 44,570.65$ 45,684.94$ 46,805.57$ 47,966.01$ 49,171.62$ 50,406.54$ 51,666.71$ 52,958.37$ Customer Service Specialist Monthly 3,539.03$ 3,627.51$ 3,714.22$ 3,807.08$ 3,900.46$ 3,997.17$ 4,097.64$ 4,200.55$ 4,305.56$ 4,413.20$ Semi-Monthly 1,769.51$ 1,813.75$ 1,857.11$ 1,903.54$ 1,950.23$ 1,998.58$ 2,048.82$ 2,100.27$ 2,152.78$ 2,206.60$ 9 Annual 41,424.87$ 42,460.28$ 43,497.88$ 44,585.30$ 45,672.97$ 46,805.57$ 47,980.90$ 49,171.62$ 50,400.91$ 51,660.94$ RANGE CLASSIFICATION TITLE JOB CLASS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Monthly 3,452.07$ 3,538.36$ 3,624.82$ 3,715.44$ 3,806.08$ 3,900.46$ 3,998.41$ 4,097.64$ 4,200.08$ 4,305.08$ Semi-Monthly 1,726.04$ 1,769.18$ 1,812.41$ 1,857.72$ 1,903.04$ 1,950.23$ 1,999.20$ 2,048.82$ 2,100.04$ 2,152.54$ 8 Annual 40,439.76$ 41,450.75$ 42,438.79$ 43,499.83$ 44,570.65$ 45,687.62$ 46,819.73$ 47,995.80$ 49,195.70$ 50,425.59$ Monthly 3,369.98$ 3,454.23$ 3,536.57$ 3,624.99$ 3,714.22$ 3,807.30$ 3,901.64$ 3,999.65$ 4,099.64$ 4,202.13$ Semi-Monthly 1,684.99$ 1,727.11$ 1,768.28$ 1,812.49$ 1,857.11$ 1,903.65$ 1,950.82$ 1,999.83$ 2,049.82$ 2,101.07$ 7 Annual 39,440.01$ 40,425.84$ 41,424.87$ 42,460.28$ 43,497.88$ 44,570.65$ 45,687.62$ 46,849.53$ 48,020.76$ 49,221.28$ Monthly 3,286.67$ 3,368.82$ 3,452.07$ 3,538.36$ 3,624.82$ 3,714.22$ 3,807.30$ 3,904.13$ 4,001.73$ 4,101.77$ Semi-Monthly 1,643.33$ 1,684.41$ 1,726.04$ 1,769.18$ 1,812.41$ 1,857.11$ 1,903.65$ 1,952.06$ 2,000.87$ 2,050.89$ 6 Annual 38,514.49$ 39,477.13$ 40,454.66$ 41,466.14$ 42,468.33$ 43,526.94$ 44,614.61$ 45,732.07$ 46,875.37$ 48,047.25$ Monthly 3,209.54$ 3,289.76$ 3,371.22$ 3,455.51$ 3,539.03$ 3,627.25$ 3,717.88$ 3,811.01$ 3,906.28$ 4,003.94$ Semi-Monthly 1,604.77$ 1,644.88$ 1,685.61$ 1,727.76$ 1,769.51$ 1,813.62$ 1,858.94$ 1,905.50$ 1,953.14$ 2,001.97$ 5 Annual 37,573.34$ 38,512.78$ 39,440.01$ 40,425.84$ 41,424.87$ 42,468.33$ 43,526.94$ 44,614.61$ 45,729.97$ 46,873.22$ Monthly 3,131.11$ 3,209.40$ 3,286.67$ 3,368.82$ 3,452.07$ 3,539.03$ 3,627.25$ 3,717.88$ 3,810.83$ 3,906.10$ Semi-Monthly 1,565.56$ 1,604.70$ 1,643.33$ 1,684.41$ 1,726.04$ 1,769.51$ 1,813.62$ 1,858.94$ 1,905.42$ 1,953.05$ 4 Annual 36,691.54$ 37,608.75$ 38,514.49$ 39,477.13$ 40,454.66$ 41,469.80$ 42,512.53$ 43,556.73$ 44,645.65$ 45,761.79$ Monthly 3,057.63$ 3,134.06$ 3,209.54$ 3,289.76$ 3,371.22$ 3,455.82$ 3,542.71$ 3,629.73$ 3,720.47$ 3,813.48$ Semi-Monthly 1,528.81$ 1,567.03$ 1,604.77$ 1,644.88$ 1,685.61$ 1,727.91$ 1,771.36$ 1,814.86$ 1,860.24$ 1,906.74$ 3 Annual 35,794.59$ 36,689.34$ 37,588.00$ 38,527.68$ 39,454.91$ 40,454.66$ 41,469.80$ 42,512.53$ 43,575.35$ 44,664.73$ Monthly 2,982.88$ 3,057.45$ 3,132.33$ 3,210.64$ 3,287.91$ 3,371.22$ 3,455.82$ 3,542.71$ 3,631.28$ 3,722.06$ Semi-Monthly 1,491.44$ 1,528.72$ 1,566.17$ 1,605.32$ 1,643.95$ 1,685.61$ 1,727.91$ 1,771.36$ 1,815.64$ 1,861.03$ 2 Annual 34,927.44$ 35,790.02$ 36,665.83$ 37,582.47$ 38,502.99$ 39,457.59$ 40,457.40$ 41,457.46$ 41,975.68$ 42,500.38$ Monthly 2,910.62$ 2,982.50$ 3,055.49$ 3,131.87$ 3,208.58$ 3,288.13$ 3,371.45$ 3,454.79$ 3,497.97$ 3,541.70$ Semi-Monthly 1,455.31$ 1,491.25$ 1,527.74$ 1,565.94$ 1,604.29$ 1,644.07$ 1,685.73$ 1,727.39$ 1,748.99$ 1,770.85$ 1 Central Shop Assistant 4099 Annual 34,104.00$ 34,956.50$ 35,794.59$ 36,689.34$ 37,573.34$ 38,514.49$ 39,469.31$ 40,469.31$ 41,481.05$ 42,518.07$ Monthly 2,842.00$ 2,913.04$ 2,982.88$ 3,057.45$ 3,131.11$ 3,209.54$ 3,289.11$ 3,372.44$ 3,456.75$ 3,543.17$ Semi-Monthly 1,421.00$ 1,456.52$ 1,491.44$ 1,528.72$ 1,565.56$ 1,604.77$ 1,644.55$ 1,686.22$ 1,728.38$ 1,771.59$ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): June 12, 2023 Agenda Date: August 1, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: FY24-25 Consolidated Homeless Grant – Community Action Council Subcontract Background/Executive Summary: The following Homeless Response Program annual funding recommendation and award letter approved on June 20, 2023 action agenda: • Community Action Council o Housing & Essential Needs - $1,250,682 o FCS Bridge HEN - $73,636 o Total - $1,324,318 Budget Impact (amount, funding source, budget amendment): Funding source is Department of Commerce Consolidated Homeless Grant, Housing and Essential Needs (HEN) Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of FY24-25 CHG HEN contract with Community Action Council Attachments: FY 24-25 CHG HEN Community Action Council Contract Professional Services Contract (rev 06/2023) Page 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT #CAC: FY24-25.CHG.HEN.FCS Bridge This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Community Action Council, hereinafter referred to as "CONTRACTOR.” Contracted Entity Community Action Council Address 3020 Willamette Dr. NE City, State, Zip Code Lacey, WA 98516 Phone 360-438-1100 Primary Contact: Name, Title Kirsten York, CEO Primary Contact: E-mail kirsteny@caclmt.org Washington State UBI# 600 503 120 Federal EIN 91-0818368 Total Award/Contract Value $2,648,636 Contract Term July 1, 2023- June 30, 2025 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 any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ______________________________ ___________________________________ Agency Name Sharon Trask, Chair ______________________________ ___________________________________ Authorized Signature Date ______________________________ APPROVED AS TO FORM: Print Name & Title ______________________________ ___________________________________ Date Michael Dorcy, Prosecuting Attorney Community Action Council LMT Kirsten York, CEO 7/31/2023 Professional Services Contract (rev 06/2023) Page 2 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating “no updates” if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form, if new to contracting with Mason County b. Certificate of Insurance (see requirements Exhibit B) c. Exhibit D Attestation d. Contract Orientation: Attendance at orientation is mandatory. Prior approval and make-up arrangement are necessary if unable to attend an orientation meeting. 2. Consolidated Homeless Grant Contract: Every subcontract shall bind the CONTRACTOR to follow all applicable terms of the contract between Mason County and The Department of Commerce (in this paragraph referred to as “this contract”). The Subcontractor is responsible to Mason County and COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. DELIVERABLE: sign and return the attestation in Exhibit D “Attestation” to acknowledge receipt of the contract between Mason County and the Department of Commerce and agreement to these terms and conditions. Funding Source: Department of Commerce Consolidated Homeless Grant, Housing and Essential Needs (HEN) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in “Exhibit C Budget” before the end of the CONTRACT duration, CONTRACTOR remains liable to provide Professional Services Contract (rev 06/2023) Page 3 COUNTY the services as identified in “Exhibit A Scope of Services.” No material, labor or facilities will be furnished by COUNTY unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the Department of Commerce Grant Guidelines that may not be specified in “Exhibit A Scope of Services.” The COUNTY must give written approval before any expenses are incurred and considered allowable costs for reimbursement to this CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C Budget and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify, and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Professional Services Contract (rev 06/2023) Page 4 Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Reimbursement of allowable costs to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit C, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit C or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary procedures, pursuant to the fee schedule set forth in Exhibit C. Professional Services Contract (rev 06/2023) Page 5 Fraud and Other Loss Reporting: Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. CONTRACTOR shall follow all reporting requirements related to the fraudulent event. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. CONTRACTOR must submit invoices in accordance with the “Invoicing and Reporting Requirements” as outlined in the Mason County Housing Crisis Response Written Standards” and Exhibit C of this contract. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event Professional Services Contract (rev 06/2023) Page 6 the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of COUNTY. All SUBCONTRACTORS, including By and For Organizations, are bound to all contracts between COMMERCE and the COUNTY and must show that the Commerce contract has been passed down. 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 the COUNTY shall be made with sufficient specificity to enable the COUNTY to make an informed judgment as to whether or not COUNTY’s interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY’s policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, Professional Services Contract (rev 06/2023) Page 7 and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work products including plans, and data reports, prior to the release of the final payment for services. 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 Professional Services Contract (rev 06/2023) Page 8 infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees, and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR’s strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non- compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Professional Services Contract (rev 06/2023) Page 9 Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss, or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been mutually negotiated by the parties. Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT. Professional Services Contract (rev 06/2023) Page 10 Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules, and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Public Health & Human Services Director and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: mcasey@masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery, or other generally accepted manner including delivery services. Professional Services Contract (rev 06/2023) Page 11 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 or signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Service and Exhibit C Budget. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Services and Exhibit C Budget. Professional Services Contract (rev 06/2023) Page 12 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and Professional Services Contract (rev 06/2023) Page 13 binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Terms and Conditions E. Exhibit B, Insurance Requirements Professional Services Contract (rev 06/2023) Page 14 F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Grant Guidelines Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract Close-Out: In the event a CONTRACTOR is delinquent on final contract close-out invoicing and/or reporting, and they have been re-funded whether it is the same or a different program, the current contract will start in probation status under the Non-Compliance Corrective Action Steps. Under this condition, any missed deliverable or act of non-performance can lead to early termination. CONTRACTOR has until July 31 to close out previous contract by submitting all invoices and reports to a satisfactory level. COUNTY is not obligated for payment beyond this period. If funding has been awarded for the next grant term and there are outstanding invoices or reports that are not cleared to a complete and satisfactory level by July 31, the CONTRACTOR will start the new contract term in Probation Status. Professional Services Contract (rev 06/2023) Page 15 EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household’s housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes:  Emergency Shelters: 50% exits to permanent housing.  Rapid Rehousing and Transitional Housing: 80% exits to permanent housing.  Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. o According to the 2023 HIC and PIT Data Collection Notice, RRH is permanent housing and, therefore, individuals and families who are enrolled in RRH and residing in permanent housing on the night of the PIT count are not included in the sheltered count. However, homeless households currently residing on the street, in an emergency shelter, transitional housing, or Safe Haven, but who are also enrolled in an RRH project and awaiting housing placement, should be counted based on where they resided on the night of the count. For example, a person residing in an emergency shelter and being assisted by an RRH project to obtain housing must be counted in the sheltered PIT count for the emergency shelter. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards, Washington State Coordinated Entry Guidelines, and Consolidated Homeless Grant Guidelines. Professional Services Contract (rev 06/2023) Page 16 Housing and Essential Needs Program: The Housing and Essential Needs Referral program provides access to essential needs items and potential rental assistance for low-income individuals who are unable to work for at least 90 days due to a physical and/or mental incapacity. While DSHS/CSD determines eligibility for the referral to the HEN program, actual eligibility for rental assistance and essential needs items shall be determined by Community Action Council in accordance with the Consolidated Homeless Grant Guidelines. Housing and Essential Needs Funded Activities: The funds awarded will support the program specific Administration, Operation and Rent & Housing Costs for eligible households with allowable costs outlined in the Consolidated Homeless Grant Guidelines. Housing and Essential Needs Program may include: • Limited rent and utility assistance. • Move-in costs. • Personal health and hygiene items. • Cleaning supplies. • Transportation assistance. Reporting: Submit the following monthly deliverables no later than the 15th of each month: • Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. HEN & FCS Bridge Funds are from the State General Fund and do not roll over from FY24 to FY25. o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s) o Referral report o HUD 225 Data Quality Report (PDF format preferred): Provide a separate report for each program operated (RRH, HP, and hotel/motel emergency shelter). o Program OUTS 101 for emergency shelters and rapid rehousing • Quarterly Performance Report – Required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. Professional Services Contract (rev 06/2023) Page 17 • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. HEN FCS Bridge Funding It’s estimated that over one third of Foundational Community Supports (FCS) enrollees are eligible for Housing and Essential Needs (HEN). This new funding creates a bridge period of rent assistance for households enrolled in FCS, prioritizing households enrolled in Supportive Employment, who no longer have a HEN Referral from Department of Social and Health Services (DSHS) due to increased income or other changes in eligibility. The applicable Consolidated Homeless Grant or System Demonstration Grant guidelines apply to this funding, with the following additions: Eligible Households • HEN households who no longer have a HEN Referral from DSHS. This includes: o Households who:  Are currently receiving HEN rent assistance. o Homeless and at-risk households who:  Received a HEN Referral within the last six months but were not able to identify permanent housing.  Received rent assistance in the past but exited the program within the last six months. AND • Households enrolled in FCS. FCS households enrolled in the Supportive Employment should be prioritized. AND • Household income is at or below 80% Area Median Income. Allowable Expenses • Allowable expenses include Admin (7%), Rent, and Operations. • Rent assistance, including arrears, is not to exceed nine (9) months in total. Housing Stability Plan • The housing provider must work with the household on a housing stability plan to secure affordable permanent housing with the knowledge that this funding expires June 30, 2025. HMIS • HMIS projects must be set up specifically for this funding and data entered accurately. Professional Services Contract (rev 06/2023) Page 18 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits for CONTRACTOR's, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees, and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. Professional Services Contract (rev 06/2023) Page 19 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification, and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY’s protection without COUNTY’s prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR’s general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR’s existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled Professional Services Contract (rev 06/2023) Page 20 or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days’ notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in Professional Services Contract (rev 06/2023) Page 21 substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR’s compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all- inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract (rev 06/2023) Page 22 EXHIBIT C BUDGET Housing and Essential Needs FY24 FY25 Comments HEN Admin 45,362 45,362 State General Funds - awards are based on a fiscal year and cannot rollover HEN Rent/Fac Support 1,032,190 1,032,190 HEN Operations 173,130 173,130 HEN TOTAL 1,250,682 1,250,682 FCS Bridge HEN FY24 FY25 Comments FCS Bridge Admin 2,577 2,577 State General Funds - awards are based on a fiscal year and cannot rollover FCS Bridge Rent 59,277 59,277 FCS Bridge Operations 11,782 11,782 FCS Bridge TOTAL 73,636 73,636 Grand TOTAL 1,324,318 1,324,318 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor’s Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 15th of each month Professional Services Contract (rev 06/2023) Page 23 a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. e. All “pooled” costs are considered “Administration” unless approved by the COUNTY. f. Reimbursement in one fiscal year may not exceed the approved annual budget. If annual budgeted funds are expended prior to the end of the first fiscal, no additional reimbursements will be approved for that fiscal year, and programs/services are expected to continue. Any unspent funds will be rolled into the next fiscal year. g. CONTRACTOR must retain all backup documentation including policies and procedures on how employee time is tracked to grants, and how holiday and overtime pay is calculated. h. Invoices must be easy to read with program expenses clearly organized and labeled. Arrange the backup documentation in the order items appear on the invoice. i. If invoice has significant increase or decrease in totals, include budget narrative in the email submission to explain the change when invoice is submitted. j. If you make an error in any previous months or overpayments or underpayments, reach out to the COUNTY to determine the next steps. k. If uncertain if expense is allowable, reach out to the COUNTY. l. Budget Adjustments/Revisions: Budget adjustments/revisions are when money is moved from one budget category to another. All budget revision requests must use the Contract Budget Transfer Request Form. Budget revisions are allowable up to once per quarter. CHG Contracts will require Commerce approval and follow CHG Guidelines. m. Financial Contract Amendments: Contract amendments will be issued when there is a change in the total contract award. Amendments are also required in CHG contracts when the total budget adjustment or sequential adjustments exceed(s) 10% of the award. n. Submit monthly invoices electronically to Todd Parker, (tparker@masoncountywa.gov) and Haley Foelsch (haley@masoncountywa.gov). The Subcontractor must submit their own invoice request document and ledger. Each invoice must include:  The name of the agency,  Date submitted, Professional Services Contract (rev 06/2023) Page 24  Dates of service (e.g., report period),  Contract number,  Invoice number  Name of funding source,  Reimbursement request per funding source,  Salary and benefits separated out,  Total hours worked by employees for the pay period. Show all time worked by fund source.  General Ledgers or backup documentation which includes expenses broken out by category. They cannot include client names or identifying information; it is acceptable to use HMIS numbers. When rental and/or utility assistance payments are made, the landlords name is allowable.  Backup Documentation: Submit a copy of source documentation for the expenditures invoiced under the budget categories listed above. This should include copies of checks to vendors, receipts for purchases, as well as time sheets for staff and other documentation that supports the expenditures and allow us to link staff time to the charges invoiced.  Accounting System Report: Submit a report that recaps the source documentation from your accounting system that lists grant expenditures by program/funding source, object, date, payee name, description (if available) and amount. These reports are variously called “Expanded General Ledger,” “Detail Trial Balance,” and/or “Statement of Revenue and Expenditures.” You may refer to it by another name. The report needs to provide enough detail so the reviewers can link each source document to the accounting system report. The reviewers need to be able to see how the amount requested on an invoice matches the backup documentation.  All Flexible Fund (CHG 6.3.3) expenses must be pre-approved.  Voucher detail worksheets, if required by the grant,  Spenddown sheet matching the voucher detail worksheet,  Any HMIS reports required by the grant,  Total reimbursement request for each funding source, and  Signature from the Executive Director, CEO, and/or Board Member.  Submitted by the Executive Director or designee. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 25 EXHBIT D ATTESTATION I do hereby certify that to the best of my knowledge, the following is true, accurate and complete: All contractors including by and for organization attest that all are bounded to all contracts including contracts between the Department of Commerce and Mason County Public Health, and Human Services, and/or any subrecipients. I have reviewed all pass-through contract language, have received copies, and agree to be bounded to these terms. I have read all guidelines specific to the fund source receiving funding for, Mason County’s written standards, and policies set forth by the Department of Commerce and Mason County Public Health and Human Services and agree to follow. Name (printed) _________________________________________________________ Name (signature) _______________________________________________________ Title __________________________________________________________________ Agency _______________________________________________________________ Date _______________________ Kirsten York CEO Community Action Council of Lewis, Mason & Thurston Counties 7/31/2023 x x x