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HomeMy WebLinkAbout2024/01/29 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF January 29, 2024 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CoU���� . 1854 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of January 29, 2024 llcf Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday,January 29, 2024 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. Economic Development Council—Joe Schmit 10:15 A.M. Housing and Behavioral Health Advisory Board Interview 10:20 A.M. Solid Waste Advisory Committee Interviews 10:30 A.M. Indigent Defense—Peter Jones 10:35 A.M. Public Health—Dave Windom 10:40 A.M. Public Works—Loretta Swanson Utilities&Waste Management 10:50 A.M. Support Services—Mark Neary Commissioner Discussion—as needed Commission meetings are live streamed at hlW://www.masonwebtv.com/and public commented is accepted via email msmith@masoncountywa.gov;mail to Commissioners Office,411 N 5'Street, Shelton, WA 98584;or phone at(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 p.m.the Friday before the meeting. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 01/25/24 at 10:47 AM C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Indigent Defense Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: February 13,2024 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• Increase of hourly rate to $75 for indigent defense investigators. Background/Executive Summary: No hourly rate increase for investigators has occurred in this county in the last 10 years. Upcoming WSBA standards are going to mandate increased use of investigators, and other counties(most notably Grays Harbor)are beginning to outbid us for these services. Budget Impact(amount, funding source,budget amendment): Will create an additional 40%increase to investigator expenses. Public Outreach (news release,community meeting, etc.): None. Requested Action: Set investigator rate to $75 per hour. Attachments None. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Indigent Defense Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: February 13,2024 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• Increase of hourly rate to $125 for Superior Court indigent defense. Background/Executive Summary: This increases the hourly rate in Superior Court by the same amount as was raised in District Court last week in order to incentivize the increased level of certification in Superior Court. Budget Impact(amount, funding source,budget amendment): Will create an additional 25%increase to Superior Court hourly expenses. Public Outreach (news release,community meeting, etc.): None. Requested Action: Set Superior Court rate to $125 per hour. Attachments None. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Indigent Defense Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: February 13,2024 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• 2024 Contracts for service with Taschner Law Office. Background/Executive Summary: These contracts represent a continuation of the current services from Taschner Law Office. Budget Impact(amount, funding source,budget amendment): Accounted for. Public Outreach (news release,community meeting, etc.): None. Requested Action: Approve attached contracts. Attachments Contracts MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County District Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County District Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. General 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. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2024 and will end on December 31, 2024 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," 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. B. Unless specifically stated in Exhibit "B" 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 "B." Taxes: A. 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. B. 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. 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 2 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. Independent Contractor: A. 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. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation 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. C. 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. D. 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. 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. No Guarantee of Employment: 3 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. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. 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. 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: 4 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 C 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. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. 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: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or 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. B. 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. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or 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 is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peterj(a)-co.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: 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: A. 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. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 7 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 funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. 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. B 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. C. 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: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. 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 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 and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B 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. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense prior to 12/31/17. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shall be apportioned a roughly pro rata share of cases requiring an interpreter based on total number of cases assigned to the Mason County Office of Indigent Defense. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of six thousand ($6,000) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid-month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $600.00 for the first day of trial and $300.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$300.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of$50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Julie Hansen Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHansen@masoncountywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C 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 liability insurance meeting statutory limits mandated by state and federal laws. 3. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees, and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by the 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 or terminated for any reason. Termination of this obligation is not effective until the COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. 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. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County Superior Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County Superior Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. General 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. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2024 and will end on December 31, 2024 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," 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. B. Unless specifically stated in Exhibit "B" 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 "B." Taxes: A. 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. B. 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. 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 2 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. Independent Contractor: A. 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. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation 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. C. 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. D. 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. 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. No Guarantee of Employment: 3 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. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. 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. 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: 4 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 C 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. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. 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: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or 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. B. 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. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or 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 is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peterj(a)_co.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: 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: A. 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. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 7 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 funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. 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. B 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. C. 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: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. 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 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 and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B 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. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shall receive roughly a pro rata share of cases requiring an interpreter as judged by the total number of cases assigned to the Mason County Office of Indigent Defense. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 6 unweighted felony appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. 2. CONTRACTOR shall not be assigned more than two (2) Class-A felony cases, or two (2) offenses that are "most serious offenses" as defined in RCW 9.94A.030(33) in the space of a single month, regardless of case count. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of Seven Thousand, Six Hundred Dollars ($7,600) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid-month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $1000.00 for the first day of trial and $500.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$500.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of$50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Julie Hansen Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHansen@masoncountywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C 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 liability insurance meeting statutory limits mandated by state and federal laws. 3. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this CONTRACT. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees, and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by the 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 or terminated for any reason. Termination of this obligation is not effective until the COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. 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. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 1/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: FirstMark Insurance Group,Inc. FirstMark Insurance Group,Inc. PHONE 425 582-9037 (425)608-9187 p� JAIC,PHONE No,Ell: ( ) (AIC,No): Agent:Dan Fortune ADDRESS: commercial@firstmarkinsurance.com 12918 Mukilteo Speedway Ste C-23 PMB 603 INSURER(S)AFFORDING COVERAGE NAIC# Lynnwood WA 98087 INSURER A: Ace Fire Underwriters Insurance Company 20702 INSURED INSURER B: Sound Defenders,PLLC INSURER C: P.O.Box 1999 INSURER D: INSURER E: Shelton WA 98584 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A Y Y D94757861 04/01/2023 04/01/2024 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑JE C LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS D94757861 04/01/2023 04/01/2024 BODILY INJURY(Per accident) $ HIRED NON-OWNEDAMAGE D X AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION STATUTE X ER WA-Stop Gap AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ N/A D94757861 04/01/2023 04/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) MASON COUNTY is named as an additional insured with respect to General Liability per form BP 12 01 07 02,where required by written contract or agreement.Waiver of subrogation applies in favor of MASON COUNTY with respect to General Liability where required by written contract or agreement. 30-day written notice of cancellation applies; 10 days written notice in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN MASON COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. 411 N 5TH ST AUTHORIZED REPRESENTATIVE T( ru)a M Watts SHELTON,WA 98584 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: D94757861 BUSINESSOWNERS BP 12 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY D94757861 01-12-2024 ACE Fire Underwriters Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE SOUND DEFENDERS, PLLC Ketan Vaid a CHANGES Added Additional Insured: Mason County; 411 N 5th St, Shelton, WA 98584. POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits Of Insurance Premiums Coverage Previous Limit New Limit Previous New Add'I Premium Description Of Insurance Of Insurance Premium Premium Return Premium OPTIONAL COVERAGES The following optional coverages are added under this policy Add'1 Premium when designated by an "X" in the box(es) shown below. Return Premium Limits Of Insurance Outdoor Signs $ $ Location#1 Outdoor Signs $ $ Location#2 Outdoor Signs $ $ Location#3 Burglary and Robbery $ (Named Peril Endorsement only) $ Inside the Premises $ Outside the Premises Or Money and Securities $ Inside the Premises $ BP 12 01 07 02 © Insurance Services Office, Inc., 2009 Page 1 of 2 ❑ $ Outside the Premises Employee Dishonest $ each occurrence $ Mechanical Breakdown (Location #1, Building #1) Boiler and Pressure Vessels Air Conditioning Units Mechanical Breakdown (Location #2, Building #1) Boiler and Pressure Vessels Air Conditioning Units Mechanical Breakdown (Location #3, Building #1) Boiler and Pressure Vessels Air Conditioning Units TOTAL PREMIUM ADJUSTMENTS PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE ADDITIONAL RETURN $ 25 $ REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, you may PERMIT extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. Or Authorized Representative Signature Page 2 of 2 © Insurance Services Office, Inc., 2009 BP 12 01 07 02 0 BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number SOUND DEFENDERS, PLLC BOP47635a0716 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER D94757861 04-01-2023 to 04-01-2024 01-12-2024 Issued By(Name of Insurance Company) ACE Fire Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments—Bail Bonds And Bonds To Appeal Judgments—No Sublimit 2 Medical Expenses—Three Years To Report Expenses 2 Non-Owned Watercraft Under 55 Feet 2 Non-Owned Aircraft 2 Damage To Property— Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured—Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured— Employees (Including For CPR and First Aid And Volunteer Workers 3 Additional Insured— Lessor Of Leased Equipment 4 Additional Insured— Managers Or Lessors Of Premises 4 Additional Insured -Vendors 5 Additional Insured—Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You—$1,000,000 7 Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9 Bodily Injury, Including Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Primary Provision 10 Waiver Of Subrogation Required By Contract 11 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS— BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II - Liability, Paragraph A. Coverages, 1. f. Coverage Extension—Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 1 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds. B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES In Section II— Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g. Aircraft, Auto or Watercraft in Section II— Liability: This exclusion does not apply to an aircraft you do not own provided: 1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. E. DAMAGE TO PROPERTY-EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs (3) and (4) of this exclusion do not apply to "property damage"to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED -SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following: If there is no other insurance available, each of the following is also a Named Insured: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 2 of 11 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID)AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your"employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for: (1)"Bodily injury" or"personal and advertising injury": (a) To you, to any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or to any co-"employee"while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or(b) above. With respect to "bodily injury" only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds. The limitations also do not apply to your"employees" as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an "employee". (2) "Property damage"to any property owned, occupied or used by you or by any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or by any of your"employees". This limitation does not apply to"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your"volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II - Liability, Paragraph C. Who is an Insured, the following is added: 2. Each of the following is also an insured: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT e. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS g. Any person or organization who is a vendor of"your products", but only with respect to "bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraph (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: (1) Required by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 5 of 11 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C.Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C.Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury" or"property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU —$1,000,000 In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of"property damage"to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000. 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage"that is included in the "products-completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury"and "property damage" except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section II—Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused by"occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location": BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 7 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for"bodily injury" or"property damage" under Paragraph A.1. Business Liability, except in connection with "bodily injury" or"property damage" included in the "products- completed operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing "suits". C. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that'location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other'location". d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or"property damage" caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single 'location". 3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of"locations". 4. Any payments we make for"bodily injury" or"property damage" included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit regardless of the number of"locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single "location." 5. As used in this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. KNOWLEDGE/NOTICE OF OCCURRENCE In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following: BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 8 of 11 e. Knowledge of an "occurrence" or offense by an agent or"employee"of the insured will not constitute knowledge by the insured, unless an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee knows about such "occurrence" or offense. Failure of an agent or"employee" of the insured, other than an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee, to notify us of an "occurrence"or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim. L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following: 3. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease. M. COVERAGE TERRITORY, LIMITED WORLDWIDE In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following: 4. "Coverage territory" means all parts of the world. However, "coverage territory"does not include any: a. "Bodily injury"or"property damage" that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insured's responsibility to pay damages is determined by a "suit" on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or b. Injury or damage in connection with any"suit" brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico. N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following: h. Discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex unless committed by or at the direction of any"executive officer", director, stockholder, partner or member of the insured. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 9 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III —Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: Unintentional failure of an "employee"of the insured to disclose a hazard or other material information will not violate this condition, unless an "executive officer" (whether or not an "employee")of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III —Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b)That is insurance that applies to "property damage"to premises rented to you or temporarily occupied by you with permission of the owner; or (c)If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any"suit" if any other insurer has a duty to defend the insured against that"suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 10 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III —Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged. BOP-47635a(07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 11 of 11 CHUBB° POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 1o2(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 8o% , OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $too BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $ioo BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $too BILLION, YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for a prospective premium of$ 28 I hereby decline to purchase terrorism coverage for certified acts of terrorism.I understand that I will have no coverage for losses resulting from certified acts of terrorism. ACE Fire Underwriters Insurance Company Policyholder/Applicant's Signature Insurance Company SOUND DEFENDERS,PLLC SERWAD947578611X Print Name Policy Number 2024-01-19 Date TR-i9604e(o8/20) whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C.Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury" or"property damage"that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 6 of 11 POLICY NUMBER: D94757861 BUSINESSOWNERS BP 06 74 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - STOP GAP - EMPLOYER'S LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Bodily Injury By Accident Bodily In'u By Disease Each Accident Each Employee Aggregate $ 1,000,000 $ 1,000,000 $ 2,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II— Liability is amended as follows: b. This insurance applies to "bodily injury by A. Coverage—Stop Gap—Employer's Liability accident" or "bodily injury by disease" only if: 1. Insuring Agreement (1) The: a. We will pay those sums that the insured becomes legally obligated by Washington (a) "Bodily injury by accident" or "bodily law to pay as damages because of "bodily injury by disease" takes place in the injury by accident" or "bodily injury by "coverage territory"; disease" to your "employee" to which this (b) "Bodily injury by accident" or "bodily insurance applies. We will have the right injury by disease" arises out of and and duty to defend the insured against any in the course of the injured "suit" seeking those damages. However, we "employee's" employment by you; will have no duty to defend the insured and against any "suit" seeking damages to (c) "Employee", at the time of the injury, which this insurance does not apply. We was covered under a workers' may, at our discretion, investigate any compensation policy and subject to a accident and settle any claim or suit that "workers' compensation law" of may result. But: Washington; and (1) The amount we will pay for damages is (2) The: limited as described in Paragraph D. Liability And Medical Expenses Limits (a) "Bodily injury by accident" is caused Of Insurance; and by an accident that occurs during the (2) Our right and duty to defend end when policy period; or we have used up the applicable Limit of (b) "Bodily injury by disease" is caused Insurance in the payment of judgments by or aggravated by conditions of or settlements under this coverage. employment by you, and the injured No other obligation or liability to pay sums "employee's" last day of last or perform acts or services is covered exposure to the conditions causing unless explicitly provided for under or aggravating such "bodily injury by Supplementary Payments. disease occurs during the policy period. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 c. The damages we will pay, where recovery e. Violation Of Law is permitted by law, include damages: "Bodily injury by accident" or "bodily injury (1) For: by disease" suffered or caused by any (a) Which you are liable to a third party employee while employed in violation of law by reason of a claim or "suit" against with your actual knowledge or the actual you by that third party to recover the knowledge of any of your "executive damages claimed against such third officers". party as a result of injury to your f. Termination, Coercion Or Discrimination "employee"; Damages arising out of coercion, criticism, (b) Care and loss of services; and demotion, evaluation, reassignment, (c) Consequential "bodily injury by discipline, defamation, harassment, accident" or "bodily injury by humiliation, discrimination against or disease" to a spouse, child, parent, termination of any "employee", or arising brother or sister of the injured out of other employment or personnel "employee"; decisions concerning the insured. provided that these damages are the g• Failure To Comply With Workers' direct consequence of "bodily injury by Compensation Law accident" or "bodily injury by disease" "Bodily injury by accident" or "bodily injury that arises out of and in the course of by disease" to an "employee" when you the injured "employee's" employment by are: you; and (1) Deprived of common law defenses; or (2) Because of"bodily injury by accident" or (2) Otherwise subject to penalty; "bodily injury by disease" to your "employee" that arises out of and in the because of your failure to secure your course of employment, claimed against obligations or other failure to comply with you in a capacity other than as any"workers'compensation law". employer. h. Violation Of Age Laws Or Employment 2. Exclusions Applicable To Stop Gap— Of Minors Employer's Liability Coverage "Bodily injury by accident" or "bodily injury This insurance does not apply to: by disease" suffered or caused by any a. Intentional Injury person: "Bodily injury by accident" or "bodily injury (1) Knowingly employed by you in violation by disease" intentionally caused or of any law as to age; or aggravated by you, or "bodily injury by (2) Under the age of 14 years, regardless of accident" or "bodily injury by disease" any such law. resulting from an act which is determined to L Federal Laws have been committed by you if it is Any premium, assessment, penalty, fine, reasonable to believe that an injury is benefit, liability or other obligation imposed substantially certain to occur. by or granted pursuant to: b. Fines Or Penalties (1) The Federal Employer's Liability Act (45 Any assessment, penalty or fine levied by USC Sections 51-60); any regulatory inspection agency or (2) The Nonappropriated Fund authority. Instrumentalities Act (5 USC Sections c. Statutory Obligations 8171-8173); Any obligation of the insured under a (3) The Longshore and Harbor Workers' workers' compensation, disability benefits Compensation Act (33 USC Sections or unemployment compensation law or any 910-950); similar law. (4) The Outer Continental Shelf Lands Act d. Contractual Liability (43 USC Sections 1331-1356); Liability assumed by you under any contract (5) The Defense Base Act (42 USC or agreement. Sections 1651-1654); Page 2 of 4 © Insurance Services Office, Inc., 2012 BP 06 74 07 13 (6) The Federal Coal Mine Health and No person or organization is an insured with Safety Act of 1969 (30 USC Sections respect to the conduct of any current or past 901-942); partnership, joint venture or limited liability company that is not shown as a Named (7) The Migrant and Seasonal Agricultural Insured in the Declarations. Worker Protection Act (29 USC Sections 1801-1872); D. For the purposes of this endorsement, Paragraph D. Liability And Medical Expenses Limits Of (8) Any other workers' compensation, Insurance is replaced by the following: unemployment compensation or disability laws or any similar law; or D. Liability And Medical Expenses Limits Of (9) Any subsequent amendments to the Insurance laws listed above. 1. The Limits Of Insurance shown in the Schedule of this endorsement and the rules j. Punitive Damages below fix the most we will pay regardless of Multiple, exemplary or punitive damages. the number of: k. Crew Members a. Insureds; "Bodily injury by accident" or "bodily injury b. Claims made or"suits" brought; or by disease" to a master or member of the c. Persons or organizations making claims crew of any vessel or any member of the or bringing "suits". flying crew of an aircraft. a Extension — Supplementary 2. The "Bodily Injury By Accident" — Each B. The Coverage pp ry Accident Limit shown in the Schedule of Payments provisions apply to Stop Gap — this endorsement is the most we will pay for Employer's Liability Coverage as well as to all damages covered by this insurance Business Liability Coverage. because of "bodily injury by accident" to C. For the purposes of this endorsement, Paragraph one or more "employees" in any one C. Who Is An Insured is replaced by the accident. following: 3. The "Bodily Injury By Disease" —Aggregate C. Who Is An Insured Limit shown in the Schedule of this If you are designated in the Declarations as: endorsement is the most we will pay for all damages covered by this insurance and 1. An individual, you and your spouse are arising out of "bodily injury by disease", insureds, but only with respect to the regardless of the number of "employees" conduct of a business of which you are the who sustain "bodily injury by disease". sole owner. 4. Subject to Paragraph D.3. of this 2. A partnership or joint venture, you are an endorsement, the "Bodily Injury By insured. Your members, your partners and Disease"— Each "Employee" Limit shown in their spouses are also insureds, but only the Schedule of this endorsement is the with respect to the conduct of your most we will pay for all damages because business. of "bodily injury by disease" to any one 3. A limited liability company, you are an "employee". insured. Your members are also insureds, The limits of the coverage apply separately to but only with respect to the conduct of your each consecutive annual period and to any business. Your managers are insureds, but remaining period of less than 12 months, starting only with respect to their duties as your with the beginning of the policy period shown in managers. the Declarations, unless the policy period is 4. An organization other than a partnership, extended after issuance for an additional period of joint venture or limited liability company, less than 12 months. In that case, the additional you are an insured. Your "executive period will be deemed part of the last preceding officers" and directors are insureds, but only period for purposes of determining the Limits of with respect to their duties as your officers Insurance. or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 5. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. BP 06 74 07 13 © Insurance Services Office, Inc., 2012 Page 3 of 4 E. For the purposes of this endorsement, Condition d. No insured will, except at that insured's own 2. Duties In The Event Of Occurrence, Offense, cost, voluntarily make a payment, assume Claim Or Suit of the Liability And Medical any obligation or incur any expense, other Expenses General Conditions is replaced by the than for first aid, without our consent. following: F. For the purposes of this endorsement, Paragraph 2. Duties In The Event Of Injury, Claim Or Suit 4. of the Liability And Medical Expenses a. You must see to it that we or our agent is Definitions section is replaced by the following: notified as soon as practicable of a "bodily 4. "Coverage territory" means: injury by accident" or "bodily injury by a. The United States of America (including its disease"which may result in a claim. To the territories and possessions), Puerto Rico extent possible, notice should include: and Canada; (1) How, when and where the "bodily injury b. International waters or airspace, but only if by accident" or"bodily injury by disease" the injury or damage occurs in the course of took place; travel or transportation between any places (2) The names and addresses of any included in a. above; or injured persons and witnesses; and c. All other parts of the world if the injury or (3) The nature and location of any injury. damage arises out of the activities of a b. If a claim is made or "suit" is brought person whose home is in the territory against any insured, you must: described in a. above, but who is away for a (1) Immediately record the specifics of the short time on your business; claim or "suit" and the date received; provided the insured's responsibility to pay and damages is determined in the United States (including its territories and possessions), (2) Notify us as soon as practicable. Puerto Rico or Canada, in a suit on the merits You must see to it that we receive written according to the substantive law in such notice of the claim or "suit" as soon as territory, or in a settlement we agree to. practicable. G. The following are added to the Liability And c. You and any other involved insured must: Medical Expenses Definitions section: (1) Immediately send us copies of any 1. "Workers' compensation law" means the demands, notices, summonses or legal Workers' Compensation Law and any papers received in connection with the Occupational Disease Law of Washington. This injury, claim, proceeding or"suit"; does not include provisions of any law (2) Authorize us to obtain records and other providing nonoccupational disability benefits. information; 2. "Bodily injury by accident" means bodily injury, (3) Cooperate with us and assist us, as we sickness or disease sustained by a person, may request, in the investigation or including death, resulting from an accident. A settlement of the claim or defense disease is not bodily injury by accident unless against the "suit"; it results directly from bodily injury by accident". (4) Assist us, upon our request, in the 3. "Bodily injury by disease" means a disease enforcement of any right against any sustained by a person, including death. "Bodily person or organization which may be injury by disease" does not include a disease liable to the insured because of injury to which this insurance may also apply; that results directly from an accident. and H. For the purposes of this endorsement, the (5) Do nothing after an injury occurs that definition of"bodily injury" does not apply. would interfere with our right to recover from others. Page 4 of 4 © Insurance Services Office, Inc., 2012 BP 06 74 07 13 MASON COUNTY rTi Public Health & Human Services Briefing January 29, 2024 Briefing Items Housing&Behavioral Health Advisory Board 2023 Annual Report Melissa Casey C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: Click or tap here to enter text. 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: Housing&Behavioral Health Advisory Board 2023 Annual Report Background/Executive Summary: According to Resolution 33-18 the Housing and Behavioral Health Advisory Board will submit report containing recommendations for funding priorities to the Board of County Commissioners(BOCC)by January 31 of each calendar year. In 2024,RFP's and contract renewals will be evaluated, and these recommendations will help identify gaps and funding priorities. Budget Impact(amount, funding source,budget amendment): None Public Outreach(news release,community meeting, etc.): None Requested Action: Review and approval of the 2023 Annual Report and 2024 funding priorities,to be uploaded to the Mason County website Advisory Board section Attachments: HBHAB 2023 Annual Report and 2024 Funding Priorities FY24-25 Housing&TST Summary Data Housing and Behavioral Health Advisory Board 2023 Annual Report Funding Priorities for 2024 According to resolution 33-18 the Housing and Behavioral Health Advisory Board will submit report containing recommendations for funding priorities to the Board of County Commissioners (BOCC) by January 31 of each calendar year. In 2024, RFP's and contract renewals will be evaluated, and these recommendations will help identify gaps and funding priorities. Board Members: • Kevin Shutty, Chair, Board of County Commissioners • Eric Onisko, City of Shelton Council Member • Peggy VanBuskirk, Board of Health • Mark Freedman,Administrative Service Organization, Behavioral Health • Beau Bakken, citizen member • Amanda Gonzales, citizen member Housing and Behavioral Health Advisory Board's recommendations to the Board of County Commissioners: Housing& Homelessness: • Priority#1: No families with minor children sleep outside • Priority#2: No youth adult/transitional-aged youth (18-21) sleeps outside • Priority#3: No senior sleeps outside Behavioral Health: Substance Use Disorder and Mental Health • Priority#1: Evaluation, assessment, and landscape analysis of current programs/system • Priority#2: Sustainability of jail substance use and re-entry services • Priority#3: Sustainability of crisis co-responder programs coupled with law enforcement • Priority#4: Create crisis stabilization beds/services (voluntary and involuntary) FY24-25 Homeless Response System (July 1, 2024-June 30, 2025) Project Type& FY24-25 Fund Intervention Program Description Service Provider(s) Funding Source(s) Crossroads Housing* $136,000 2163 (onsite ES) Temporary Emergency Shelter(ES)—Provides short-term,temporary overnight shelter for people Crossroads Housing $210,969 EHF Housing experiencing homelessness. Emergency shelters meet the immediate need for shelter,can (offsite ES) Interventions be facility-based,or operated through hotel/motel vouchers. Community Lifeline $250,0002 2163 Turning Pointe* $148,364 2163 The Youth Connection* $123,410 EHF Homeless Prevention/Eviction Prevention—Helps households who are at risk of Crossroads Housing $531,720.61 CHG homelessness to maintain or obtain stable housing and avoid homelessness.Services include housing-focused case management and temporary rent subsidies. The Youth Connection $261,911.59 CHG Rapid Re-housing—Quickly moves households from homelessness into permanent Crossroads Housing $948,998 CHG, EHF housing by providing move-in assistance,time-limited rent subsidies(up to 2 years),and Permanent housing-focused case management to maintain housing when the subsidy ends. The Youth Connection $165,000 EHF Housing Quixote Communities $166,980 2163 Interventions Permanent Supportive Housing—Subsidized, non-time limited housing with support services for homeless households that include a household member with a permanent 2163,CHG, disability. Crossroads Housing $60,000 TST Housing and Essential Needs(HEN)—Provides access to essential needs items and potential rental assistance(Rapid Re-Housing or Eviction Prevention)for low-income Community Action individuals who are unable to work for at least 90 days due to a physical and/or mental Council $1,324,318 s CHG incapacity. Diversion/Coordinated Entry/Care Coordination—Resolve housing crisis before entering the homeless crisis response system;coordinate the care of households experiencing Crossroads Housing $240,000 2163 homelessness, reduce barriers to housing,connect with other resources that will Services Only contribute to housing stability,and enroll into programs that move households into The Youth Connection $172,000 2163 Interventions housing. Street Outreach—Engage people experiencing homelessness who are otherwise not accessing services for the purpose of connecting them with emergency shelter, housing,or Crossroads Housing $30,000 EHF other critical services. 'Contract Amendment#1 effective November 7,2023 reduces the remaining balance of the award by 20%.Total Amended Awarded=$173,441.38,pending successful completion of Re- Allocation Action Plan to restore reduced funding. 'Emergency Housing Fund(EHF)awarded for FY24(July 1,2023-June 30,2024) *Indicates agencies with offices in Shelton and Belfair 'State General Funds—awards are based on a single fiscal year and cannot roll over State, Local, and Federal Funds There are several fund sources that help in response to homelessness.The information below provides an overview of the grants within Mason County. Funds are awarded and subcontracted through a Request for Proposal Process. Consolidated Homeless Grant The Consolidated Homeless Grant(CHG) has several different fund sources, including state general fund and document recording fees. CHG provides resources to fund homeless crisis response systems to support communities in ending homelessness. Grants are made to local governments and nonprofits. Homeless crisis response systems respond to the immediacy and urgency of homelessness and ensure that everyone has a safe and appropriate place to live. It is administered through the Housing Assistance Unit of the Washington State Department of Commerce. The grant has base funding to support programs such as emergency shelter,temporary housing, and rapid rehousing. There is an allocation to support permanent supportive housing for eligible families where the head of household must be chronically homeless and have a disability. The Housing and Essential Needs Program (HEN) represents about 75%of the award to help individuals qualified by the Department of Social and Health Services with time-limited rent assistance, services connected to housing stability, and limited essential needs items, such as personal hygiene and transportation. Community Action Council of Lewis-Thurston-Mason counties operates the HEN program while Crossroads Housing and The Youth Connection operate the other programs funded by the Consolidated Homeless Grant. Local Document Recording Fee(2163)—Homeless Housing and Assistance 2163 Funds(RCW 36.22.179) Homeless Housing and Assistance:The Homeless Housing Grant Program was created in Washington State by Engrossed Second Substitute House Bill(ESSHB)2163 on August 1, 2005.The law created a document recording fee on certain documents to be utilized by local jurisdictions to reduce unsheltered homelessness and prevent homelessness for households under 50%AMI. Funds are obtained through an imposed surcharge on document recording fees of real property, dedicating funding to low-income and very low-income individuals.Administration of the grant funds are shared between local governments and the state. Eligible uses of the funds are to provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; grants and vouchers designated for victims of human trafficking and their families; and emergency shelter assistance; and fund the homeless housing grant program. Emergency Housing Fund: July 1,2023—June 30,2025 The Department of Commerce has allocated $884,950 in Emergency Housing Funds (EHF)to Mason County for the 2024 fiscal year. The purpose of these funds is to maintain current levels of homeless subsidies and emergency housing capacity from sun-setting funds and will be allocated for continuation of Shelton Family Center's Permanent Housing: Centralized Rapid Rehousing and Emergency Shelter Programs and Crossroads Housing's Permanent Housing: Centralized Rapid Rehousing, Emergency Shelter, and Street Outreach programs. FY24-25 Treatment Sales Tax Community RFP(25%of TST Budgeted Revenue) Program Description Service Provider Funding Cycle FundingAmount Behavioral Health Transportation Pilot Program—Low- barrier/at-will service to transport individuals to resources such as inpatient,detox, medical appointments,jail re-entry, Gethsemane Ministries February 1,2022—December 31,2023' $70,000 court dates,and all other needed recovery support services necessary for recovery and wellness. Social Opportunity Services(SOS)—Provide recovery support services as well as care coordination to individuals that are experiencing Substance Use Disorder and/or Mental Northwest Resources II July 1,2023—June 30,2024 $167,655.40 Health issues and are subsequently navigating the local criminal justice system,therapeutic courts,and re-entry programs. Jail Peer Support Program(Jail re-entry, MOOD Program)— Provide recovery support services in coordination with the current MOUD program for inmates in custody at Mason Olympic Health&Recovery Services July 1,2023-June 30,2024 $76,000 County Jail,as well as support in release planning/re-entry of inmates with substance use challenges. Law Enforcement Co-Responder Program—Partner with Mason County Sheriff's Office to provide co-responder serves Olympic Health&Recovery Services July 1,2023—June 30,2024 $180,000 to engage with individuals experiencing behavioral health crises that do not rise to the level of need for incarceration. Contract Amendment extended term of contract through January 31,2024 2023 Treatment Sales Tax* County Operated Programs(65%of TST Budgeted Revenue) County Program Funding Cycle Funding Amount Office of Public Defender January 1,2023-December 31,2023 $80,000 Mason County Sheriff's Office-Jail January 1,2023-December 31,2023 $120,000 Mason County Sheriff's Office-Clerk January 1,2023-December 31,2023 $26,805 Mason County Sheriff's Office-Juvenile Probation January 1,2023-December 31,2023 $57,831 Prosecutor January 1,2023-December 31,2023 $70,249 Therapeutic Courts January 1,2023-December 31,2023 $304,685 Public Health January 1,2023-December 31,2023 $100,000 *Pending 2024 Program Budgets MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING January 29, 2024 CO Action Items• • Procurement of two (2) F150 pickup trucks and two (2) Ford F550 Crew Cab pickup trucks with plow packages (plow and salt spreader) off of State Contract 13022 via Sourcewell Contract 091521-NAF. Discussion Items: • Additional Fire District No. 17 Interlocal Agreement to add for approval for January 30th Commission Meeting. Commissioner Follow-Up Items: Upcoming Items• C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PE,Deputy Director/County Ext. 450 Engineer Department: Public Works Briefing: ❑x Action Agenda: ❑x Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: January 30,2024 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: Purchasing: (2) Ford F150 pickup trucks and (2) F550 DRW(WSH)XL 4WD Crew Cab pickup trucks Background/Executive Summary: The Public Works 2024 budget includes the purchase of two (2) Ford F 150 pickup trucks, used for hauling smaller trailered maintenance equipment and two (2) Ford F550 Crew Cab 4WD trucks (one gas and one diesel powered) with plow and salt spreaders. The purchases will be from National Auto Fleet Group out of Watsonville, CA and off of the Washington State Contract, via Sourcewell Contract, list on the attached quotes for the prices listed below. Budget Impact: (2) Ford F 150 $113,914.29 ($56,957.14/each) (1) Ford F550 (Gas)w/plow& sander $133,986.91 (1) Ford F550 (Diesel)w/plow & sander $144,364.74 Public Outreach: N/A Requested Action: Request the Board authorize Public Works to move forward with the purchase of two Ford F 150 pickup trucks and Two Ford F550 Crew Cab 4x4 trucks (one with plow package) off of Washington State Contract, via Sourcewell Contract. Attachments: 1. Ford F150 quote 2. Ford F550 (Gas) quote 3. Ford F550 (Diesel) quote 1/8/24, 10:19 AM Sell,service,and deliver letter National Auto Fleet Group A IJ-lelon of Chevrolet �f Wet eu nvllle 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6572 - (831 ) 480.8497 Fax Fleet?9NatlonelAutoFleetGrcup com 1/8/2024 Quote ID: WA27201 Order Cut Off Date: TBA Mr Pete Medcalf Mason County Public Works 100 W. Public Works Drive Shelton, Washington, 98584 Dear Pete Medcalf, National Auto Fleet Group is pleased to quote the following vehicle(s)for your consideration. Two (2) New/Unused (2024 Ford F-150 (W1 L)XL 4WD SuperCrew 6.5' Box 157"WB, ) and delivered to your specified location, each for One Unit One Unit Extended (MSRP) Unit's (2) Contract Price $53,160.00 $52,495.06 $104,990.13 Additional Key(s) $0.00 $0.00 Tax (8.5000 %) $4,462.08 $8,924.16 Tire fee $0.00 $0.00 Total $56,957.14 $113,914.29 - per the attached specifications. This vehicle(s) is available under the WA State Contract 13022 via Sourcewell Contract 091521-NAF. Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, Jesse Cooper Quoting Department Account Manager Account Manager Email: Fleet@NationalAutoFleetGroup.com Fleet@NationalAutoFleetGroup.com Office: (855) 289-6572 (855) 289-6572 Fax: (831)480-8497 _.. _ � �NI555ANi a t MC. CHEVROLET1-4 � N; TOYOTA https://www.nationaI autofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 2/11 1/8/24, 10:19 AM Sell,service,and deliver letter Purchase Order Instructions & Resources In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way: Email: Fleet@NationalAutoFleetGroup.com Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 We will send a courtesy confirmation for your order and a W-9 if needed. Additional Resources Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: ETA@NationalAutoFleetGroup.com General Inquiries: Fleet@NationalAutoFleetGroup.com For general questions or assistance please contact our main office at: 1 =855=289 =6572 https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 3/11 1/8/24, 10:19 AM Sell,service,and deliver letter Vehicle Configuration Options ENGINE Code Description 995 Engine: 5.OL V8, (STD) TRANSMISSION Code Description 44G Transmission: Electronic 10-Speed Automatic, (STD) WHEELS Code Description 64C Wheels: 17" Silver Steel, (STD) TIRES Code Description Tires: 265/70R17 BSW A/T, (STD) PRIMARY PAINT Code Description YZ Oxford White SEAT TYPE Code IDescription AS I Black w/Medium Dark Slate, Vinyl 40/20/40 Front Seat AXLE RATIO Code Description XL3 Electronic Locking w/3.31 Axle Ratio ADDITIONAL EQUIPMENT Code Description 18B Black Platform Running Boards 153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others 96W Tough Bed Spray-In Bedliner 942 Daytime Running Lamps, -inc: Non-controllable 94W Amber/White Strobe Color LED Warning Beacons, -inc: By Sound Off Signal, center high- mounted stop light bar and 2 roof mounted beacons that provide 360 degree visibility https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 4/11 1/8/24, 10:19 AM Sell,service,and deliver letter OPTION PACKAGE Code Description 101A Equipment Group 101AStandard https://www.nationaIautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 5/11 1/8/24, 10:19 AM Sell,service,and deliver letter 2024 Fleet/Non-Retail Ford F-150 XL 4WD SuperCrew 6.5' Box 157" WB WINDOW STICKER 2024 Ford F-150 XL 4WD SuperCrew 6.5' Box 157"WB CODE MODEL MSRP W1 L 2024 Ford F-150 XL 4WD SuperCrew 6.5' Box 157"WB $49,205.00 OPTIONS 995 Engine: 5.OL V8, (STD) $0.00 44G Transmission: Electronic 10-Speed Automatic, (STD) $0.00 64C Wheels: 17" Silver Steel, (STD) $0.00 Tires: 265/70R17 BSW A/T, (STD) $0.00 YZ Oxford White $0.00 AS Black w/Medium Dark Slate, Vinyl 40/20/40 Front Seat $0.00 XL3 Electronic Locking w/3.31 Axle Ratio $420.00 18B Black Platform Running Boards $250.00 153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others $0.00 96W Tough Bed Spray-In Bedliner $595.00 942 Daytime Running Lamps, -inc: Non-controllable $45.00 94W Amber/White Strobe Color LED Warning Beacons, -inc: By Sound Off Signal, center high-mounted $650.00 stop light bar and 2 roof mounted beacons that provide 360 degree visibility 101A Equipment Group 101 A Standard $0.00 Please note selected options override standard equipment SUBTOTAL $51,165.00 Advert/Adjustments $0.00 Manufacturer Destination Charge $1,995.00 TOTAL PRICE $53,160.00 Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating conditions. Notes https://www.nationaI autofleetgroup.corn/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 6/11 1/8/24, 10:19 AM Sell,service,and deliver letter https://www.nationaIautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 7/11 1/8/24, 10:19 AM Sell,service,and deliver letter Standard Equipment MECHANICAL Engine: 5.OL V8 -inc: auto start-stop technology (STD) Transmission: Electronic 10-Speed Automatic -inc: SelectShift w/progressive range select and selectable drive modes: normal, ECO, sport, tow/haul, slippery, deep snow/sand and mud/rut (STD) 3.31 Axle Ratio (STD) EXTERIOR Wheels: 17" Silver Steel (STD) Tires: 265/70R17 BSW A/T (STD) ADDITIONAL EQUIPMENT 50 State Emissions System Electronic Transfer Case Part-Time Four-Wheel Drive 70-Amp/Hr 61 OCCA Maintenance-Free Battery w/Run Down Protection 200 Amp Alternator Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness 2135# Maximum Payload GVWR: 7,150 Ibs Payload Package HD Shock Absorbers Front Anti-Roll Bar Electric Power-Assist Steering Single Stainless Steel Exhaust 36 Gal. Fuel Tank Auto Locking Hubs Double Wishbone Front Suspension w/Coil Springs Solid Axle Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake Regular Box Style Steel Spare Wheel Full-Size Spare Tire Stored Underbody w/Crankdown Clearcoat Paint Black Rear Step Bumper Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 8/11 1/8/24, 10:19 AM Sell,service,and deliver letter Black Side Windows Trim Black Door Handles Black Power Heated Side Mirrors w/Manual Folding Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Black Grille Tailgate Rear Cargo Access Tailgate/Rear Door Lock Included w/Power Door Locks Integrated Storage Ford Co-Pilot360 -Autolamp Auto On/Off Aero-Composite Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light Perimeter/Approach Lights Headlights-Automatic Highbeams Radio w/Seek-Scan, Clock, Speed Compensated Volume Control and Radio Data System Radio: AM/FM SiriusXM w/360L -inc: 6 speakers and auxiliary audio input jack Fixed Antenna Cloth 40/20/40 Front Seat -inc: 2-way manual driver/passenger and armrest Driver Seat Passenger Seat 60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Trip Odometer and Trip Computer Power Rear Windows FordPass Connect 5G Mobile Hotspot Internet Access Front Cupholder Rear Cupholder Compass Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls Manual Air Conditioning HVAC -inc: Underseat Ducts Locking Glove Box Interior Trim -inc: Cabback Insulator and Chrome Interior Accents Full Cloth Headliner Urethane Gear Shifter Material Day-Night Rearview Mirror Passenger Visor Vanity Mirror https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 9/11 1/8/24, 10:19 AM Sell,service,and deliver letter Mini Overhead Console w/Storage and 1 12V DC Power Outlet Front Map Lights Fade-To-Off Interior Lighting Full Vinyl/Rubber Floor Covering Pickup Cargo Box Lights Smart Device Remote Engine Start Connected Navigation Integrated Navigation System w/Voice Activation SYNC 4 w/Enhanced Voice Recognition -inc: 12" LCD capacitive touchscreen w/swipe capability, wireless phone connection, cloud connected, AppLink w/App catalog, 911 Assist, Apple CarPlay and Android Auto compatibility, digital owners manual, conversational voice command recognition and connected navigation, Note: Navigation services require SYNC4 and FordPass Connect (optional on select vehicles), Eligible vehicles receive a complimentary 1-year trial of navigation services that begins on the new vehicle warranty start date, Customers must unlock the navigation service trial by activating the eligible vehicle w/a FordPass member account, If not subscribed by the end of the complimentary period, the connected navigation service will terminate, and the system will revert to embedded offline navigation, Connected service and features depend on compatible AT&T network availability, Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features, FordPass App, compatible w/select smartphone platforms, is available via a download, Message and data rates may apply Instrument Panel Bin, Dashboard Storage, Interior Concealed Storage, Driver/ Passenger And Rear Door Bins Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Power Door Locks w/Autolock Feature Redundant Digital Speedometer Trip Computer Outside Temp Gauge Digital/Analog Appearance Seats w/Cloth Back Material Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm Securilock Anti-Theft Ignition (pats) Immobilizer 1 12V DC Power Outlet Air Filtration AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC)And Roll Stability Control (RSC) ABS And Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat-Mounted Side Airbags Reverse Sensing System Rear Parking Sensors BLIS (Blind Spot Information System) Blind Spot Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Keeping Alert Lane Keeping Assist Lane Keeping Alert Lane Departure Warning Collision Mitigation-Front https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 10/11 1/8/24, 10:19 AM Sell,service,and deliver letter Driver Monitoring-Alert Collision Mitigation-Rear Tire Specific Low Tire Pressure Warning Dual Stage Driver And Passenger Front Airbags Airbag Occupancy Sensor Safety Canopy System Curtain 1 st And 2nd Row Airbags Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Rear Child Safety Locks Ford Co-Pilot360 - Reverse Camera Back-Up Camera https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27201?ws=true&se=true&ssdType=QuickQuote&knm=true 11/11 1/5/24, 1:15 PM Sell,service,and deliver letter National Auto Fleet Group A 17-leion of Chevrolet �f Weta--I- 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6572 - (831 ) 480.8497 Fax Fleet?9NationelAutoFleetGroup com 1/5/2024 R:1/11/2024 Quote I D: WA27185 R1 Order Cut Off Date: TBA Mr Pete Medcalf Mason County Public Works 100 W. Public Works Drive Shelton, Washington, 98584 Dear Pete Medcalf, National Auto Fleet Group is pleased to quote the following vehicle(s)for your consideration. One (1) New/Unused (2024 Ford Super Duty F-550 DRW (W5H) XL 4WD Crew Cab 179"WB 60" CA, with Nelson Truck Eqpt Installed Plow Pkg + Handling) and delivered to your specified location, each for One Unit One Unit (MSRP) Contract Price $74,615.00 $73,296.38 Nelson Truck $59,758.68 Installed Upfit Tax (8.5000 %) $11,309.68 Total $144,364.74 - per the attached specifications. This vehicle(s) is available under the WA State Contract 13022 per Sourcewell Contract 091521-NAF. Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, Jesse Cooper Quoting Department Account Manager Account Manager Email: Fleet@NationalAutoFleetGroup.com Fleet@NationalAutoFleetGroup.com Office: (855) 289-6572 (855) 289-6572 Fax: (831)480-8497 Awl - aao J �NIS�SAN ESMC, CHEVROLET TOYOTA https://www.nationaI autofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 2/10 1/5/24, 1:15 PM Sell,service,and deliver letter Purchase Order Instructions & Resources In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way: Email: Fleet@NationalAutoFleetGroup.com Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 We will send a courtesy confirmation for your order and a W-9 if needed. Additional Resources Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: ETA@NationalAutoFleetGroup.com General Inquiries: Fleet@NationalAutoFleetGroup.com For general questions or assistance please contact our main office at: 1 =855=289 =6572 https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 3/10 KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 01/09/24 Mason County Public Works Department 100 Public Works Drive Shelton, WA Attention: Pete Medcalf Nelson Truck Equipment Co Inc., is please to quote to you pricing as per your request. This vehicle(s) is available under the Sourcewell Contract 091521-NAF Chassis- Chassis: NAFG QUOTE: Note: Chassis price is not included in this Quote. Note: This quote includes the 75 Gallon Fuel storage tank with 12 volt transfer pump installed. Ford F550, 4x4, Gasoline engine 7.3 liter, White in color Snow plow package Back up camera Blue tooth XI package Power group Heated mirrors Wheel Base CA- 60" Crew Cab- Full 4 door Power Package Hitch- Class 5: 2.5" receiver Two (2) D Rings- weld on Lights: KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 One (1) Strobe Light center mount on head board Two (2) Work Lights —mount one each side of head board Two (2) Mini Strobes in Grill Two (2) Mini Strobes at rear Flatbed-Nelson Build: 10 ft steel frame with extruded plank Aluminum Deck 40" Head Board with Expanded metal and light landing pads ICC Bumper with hitch incorporated 2.5" receiver LED Lights and reflectors Painted Black Side Boards Treated Lumber, 2"x 12" x 1Oft long with steel stakes Four (4) recessed "D" ring tie downs in bed floor Back up Camera installed Under Body Storage Boxes: Two (2) Wickum Weld under body box installed—One(1) each side 36" wide x 18" deep x 18" tall Auxiliary Tank- 75 gallons-fuel storage tank with capped Gasoline/Deisel fuel fill fitting and outlet fuel fitting. Dimensions: 7'6" left to right x8" deep x 2ft tall Snow Dogg: 9ft plow with mounting kit, lights, and mold board assembly: Plow-9ft Snow Dogg plow Mold Board- includes Shoes, Deflector and Steel cutting edge PN 16020642 Trip Release include Lift Frame PN 16011006 Light Kit Led- PN 16160800 Lights work independent of chassis light system When the Plow is deployed the chassis headlights automatically shut off and when plow is lifted the head lights return to the on position. KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 Adapter Plug for plow lights PN 16071200A Truck Mount HD/EXN/CM Salt Dogg Sand Spreader Model: Fits trucks with minimum 13,000 lb GVW (gross vehicle weight). Double wall poly hopper has a 2.5 cubic yard capacity. 12V DC-powered electric drive independent 3/4 HP auger motor, and 1/2 HP spinner motor. Handles bulk salt or a 50150 salt/sand mix.In-cab closed-loop controller with independent conveyor/auger and spinner speeds, and vibrator control. A high-flow design for consistent coverage at high speeds, with a 5-30 ft spread radius (14 in. poly spinner). "Swing away" chute for bulk unloading. Vibrator, top screen, fitted tarp, tie downs and remote auger bearing grease kit included. Forklift slots for ease of loading. Backed with a 2 year warranty. Made in the USA. The SaltDogg PR02500 Electric Poly Hopper Spreader with Auger is designed for serious commercial and municipal users*. The spreader fits flatbeds, dump trucks, and large pickups (dual rear wheels with 8 ft beds and a minimum 13,000 lb GVW). It features a patented 2.5 cubic yard double- wall poly hopper that won't rust or dent. The spreader can handle salt or a 50150 salt/sand mix with its 5-1/4 in. variable pitch full-length auger and stainless steel trough. The auger is driven by an independent 3/4 HP, 12V gear motor. A 200 lb vibrator works with the stainless steel inverted V to keep your material flowing. High-flow design allows for consistent material coverage even at high speeds, and the chute can be adjusted to suit different materials. It also swings away to make bulk unloading easy. Intuitive in-cab controls let you independently manage auger and spinner speeds and turn the vibrator on/off with the flick of a switch.The spreader comes standard with a top screen, tie downs, and a fitted tarp. KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 Backed with a two year warranty. Your price, all assembled, installed and tested----------------$ 51,964.07 WA State sales tax- collected by NAFG If you need additional information, please let us know. Thank you. Sincerely John John Seelke Nelson Truck Equipment Co Inc. 20063 84th Ave S Kent, WA 98032-1229 johns@nelsontruck.com 1/5/24, 1:15 PM Sell,service,and deliver letter Vehicle Configuration Options ENGINE Code Description Engine: 6.7L 4V OHV Power Stroke V8 Turbo Diesel B20, -inc: Operator Commanded 99T Regeneration (OCR), Diesel Exhaust Fluid (DEF) tank, intelligent oil-life monitor and manual push-button engine-exhaust braking, 4.10 Axle Ratio, Dual 68 AH/65 AGM Battery TRANSMISSION Code Description 44G Transmission: TorgShift 10-Speed Automatic, (STD) TIRES Code Description Tires: 225/70Rx19.5G BSW Traction (TGK), -inc: 4 traction tires on the rear and 2 traction TGK tires on the front, Not recommended for over the road applications; could incur irregular front tire wear and/or NVH PRIMARY PAINT Code IDescription Z1 JOxford White SEAT TYPE Code Description AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar AXLE RATIO Code Description X4L Limited Slip w/4.30 Axle Ratio ADDITIONAL EQUIPMENT Code Description 86M Dual 68 AH/65 AGM Battery High Capacity Trailer Tow Package, -inc: trailer brake wiring kit, Increases GCW from 32,500 Ibs, to 40,000 Ibs, Note: Salesperson's Portfolio or Trailer Towing Guide should be 535 consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability, See Supplemental Reference for vehicle height consideration GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear-axle and low 68M deflection/high capacity rear springs, Increases max RGAWR to 14,706 Ibs, Note: See Order Guide Supplemental Reference for further details on GVWR https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 4/10 1/5/24, 1:15 PM Sell,service,and deliver letter Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame 872 wiring to the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20' jumper wire and camera mounting/aiming instructions 76C Exterior Backup Alarm (Pre-Installed) OPTION PACKAGE Code Description 660A Order Code 660A https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 5/10 1/5/24, 1:15 PM Sell,service,and deliver letter 2024 Fleet/Non-Retail Ford Super Duty F-550 DRW XL 4WD Crew Cab 179" WB 60" CA WINDOW STICKER 2024 Ford Super Duty F-550 DRW XL 4WD Crew Cab 179"WB 60" CA CODE MODEL MSRP W5H 2O24 Ford Super Duty F-550 DRW XL 4WD Crew Cab 179"WB 60" CA $59,690.00 OPTIONS 99T Engine: 6.7L 4V OHV Power Stroke V8 Turbo Diesel B20, -inc: Operator Commanded $9,995.00 Regeneration (OCR), Diesel Exhaust Fluid (DEF)tank, intelligent oil-life monitor and manual push- button engine-exhaust braking, 4.10 Axle Ratio, Dual 68 AH/65 AGM Battery 44G Transmission: TorgShift 10-Speed Automatic, (STD) $0.00 TGK Tires: 225/70Rx19.5G BSW Traction (TGK), -inc: 4 traction tires on the rear and 2 traction tires on $215.00 the front, Not recommended for over the road applications; could incur irregular front tire wear and/or NVH Z1 Oxford White $0.00 AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, $0.00 2-way adjustable driver/passenger headrests and driver's side manual lumbar X4L Limited Slip w/4.30 Axle Ratio $395.00 86M Dual 68 AH/65 AGM Battery INC 535 High Capacity Trailer Tow Package, -inc: trailer brake wiring kit, Increases GCW from 32,500 Ibs, $580.00 to 40,000 Ibs, Note: Salesperson's Portfolio or Trailer Towing Guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability, See Supplemental Reference for vehicle height consideration 68M GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear-axle and low $1,155.00 deflection/high capacity rear springs, Increases max RGAWR to 14,706 Ibs, Note: See Order Guide Supplemental Reference for further details on GVWR 872 Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame wiring to $415.00 the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20'jumper wire and camera mounting/aiming instructions 76C Exterior Backup Alarm (Pre-Installed) $175.00 660A Order Code 660A $0.00 Please note selected options override standard equipment https://www.nationaI autofleetgroup.corn/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 6/10 1/5/24, 1:15 PM Sell,service,and deliver letter SUBTOTAL $72,620.00 Advert/Adjustments $0.00 Manufacturer Destination Charge $1,995.00 TOTAL PRICE $74,615.00 Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating conditions. Notes https://www.nationaI autofleetgroup.corn/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 7/10 1/5/24, 1:15 PM Sell,service,and deliver letter Standard Equipment MECHANICAL Engine: 7.3L 2V DEVCT NA PFI V8 Gas (STD) Transmission: TorgShift 10-Speed Automatic -inc: 1 OR140 w/neutral idle, SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and off-road (STD) 4.88 Axle Ratio (STD) EXTERIOR Tires: 225/70Rx19.5G BSW A/P (STD) WHEELS Wheels: 19.5" x 6"Argent Painted Steel -inc: Hub covers/center ornaments not included ADDITIONAL EQUIPMENT 50-State Emissions System Transmission w/Oil Cooler Electronic Transfer Case Part-Time Four-Wheel Drive 78-Amp/Hr 750CCA Maintenance-Free Battery w/Run Down Protection HD 250 Amp Alternator Towing Equipment -inc: Brake Controller and Trailer Sway Control Trailer Wiring Harness 10600# Maximum Payload GVWR: 18,000 Ibs Payload Package HD Shock Absorbers Front And Rear Anti-Roll Bars Firm Suspension Hydraulic Power-Assist Steering 40 Gal. Fuel Tank Single Stainless Steel Exhaust Dual Rear Wheels Auto Locking Hubs Front Suspension w/Coil Springs Solid Axle Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Upfitter Switches https://www.nationaIautofIeetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 8/10 1/5/24, 1:15 PM Sell,service,and deliver letter Clearcoat Paint Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Fender Flares Black Side Windows Trim and Black Front Windshield Trim Black Door Handles Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual Extendable Trailer Style Mirrors Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Front Splash Guards Black Grille Autolamp Auto On/Off Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cab Clearance Lights Perimeter/Approach Lights Radio w/Seek-Scan, Clock and Speed Compensated Volume Control Radio: AM/FM Stereo w/MP3 Player -inc: 6 speakers Fixed Antenna SYNC 4 Communications & Entertainment System -inc: enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart-charging USB port and trailer brake controller 2 LCD Monitors In The Front 4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement 60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows FordPass Connect 5G Mobile Hotspot Internet Access Rear Cupholder Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls Manual Air Conditioning HVAC -inc: Underseat Ducts Illuminated Locking Glove Box Interior Trim -inc: Chrome Interior Accents Full Cloth Headliner Urethane Gear Shifter Material HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage, 2-way adjustable https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 9/10 1/5/24, 1:15 PM Sell,service,and deliver letter driver/passenger headrests and driver's side manual lumbar Day-Night Rearview Mirror Passenger Visor Vanity Mirror Full Overhead Console w/Storage and 2 12V DC Power Outlets Fade-To-Off Interior Lighting Front And Rear Map Lights Full Vinyl/Rubber Floor Covering Smart Device Remote Engine Start Instrument Panel Covered Bin and Dashboard Storage Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power Power Door Locks Driver Information Center Trip Computer Outside Temp Gauge Digital/Analog Appearance Seats w/Vinyl Back Material Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Securilock Anti-Theft Ignition (pats) Immobilizer 2 12V DC Power Outlets Air Filtration Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat-Mounted Side Airbags Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Departure Warning Collision Mitigation-Front Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters Safety Canopy System Curtain 1 st And 2nd Row Airbags Dual Stage Driver And Passenger Front Airbags Rear Child Safety Locks https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=2&knm=true 10/10 1/8/24, 10:39 AM Sell,service,and deliver letter National Auto Fleet Group A 11-ision of Chevrolet of Wet-onvill• 490 Auto Center Drive, Watsonville. CA 95076 (855) 289-6572 - (831 ) 480.8497 Fax Fleet?9NatfonalAutoFleetGroup.com 1/8/2024 R: 1/11/2024 Quote ID: WA27186RL Mr Pete Medcalf Order Cut Off Date: TBA Mason County Public Works 100 W. Public Works Drive Shelton, Washington, 98584 Dear Pete Medcalf, National Auto Fleet Group is pleased to quote the following vehicle(s)for your consideration. One (1) New/Unused (2024 Ford Super Duty F-550 DRW (W5H)XL 4WD Crew Cab 179"WB 60" CA, with Nelson Truck Body) and delivered to your specified location, each for One Unit One Unit (MSRP) Contract Price $64,540.00 $63,731.56 Nelson Truck B $59,758.68 Body Upfit Tax (8.5000 %) $10,496.67 Total $133,986.91 - per the attached specifications. This vehicle(s) is available under the WA State Contract 13022 per Sourcewell Contract 091521-NAF. Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, Jesse Cooper Quoting Department Account Manager Account Manager Email: Fleet@NationalAutoFleetGroup.com Fleet@NationalAutoFleetGroup.com Office: (855) 289-6572 (855) 289-6572 Fax: (831)480-8497 CHEVROLEr _ Y ■ li �� TOYOTA a� https://www.nationaIautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 2/9 1/8/24, 10:39 AM Sell,service,and deliver letter Purchase Order Instructions & Resources In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way: Email: Fleet@NationalAutoFleetGroup.com Fax: (831) 480-8497 Mail: National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 We will send a courtesy confirmation for your order and a W-9 if needed. Additional Resources Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: ETA@NationalAutoFleetGroup.com General Inquiries: Fleet@NationalAutoFleetGroup.com For general questions or assistance please contact our main office at: 1 =855=289 =6572 https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 3/9 KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 01/09/24 Mason County Public Works Department 100 Public Works Drive Shelton, WA Attention: Pete Medcalf Nelson Truck Equipment Co Inc., is please to quote to you pricing as per your request. This vehicle(s) is available under the Sourcewell Contract 091521-NAF Chassis- Chassis: NAFG QUOTE: Note: Chassis price is not included in this Quote. Note: This quote includes the 75 Gallon Fuel storage tank with 12 volt transfer pump installed. Ford F550, 4x4, Gasoline engine 7.3 liter, White in color Snow plow package Back up camera Blue tooth XI package Power group Heated mirrors Wheel Base CA- 60" Crew Cab- Full 4 door Power Package Hitch- Class 5: 2.5" receiver Two (2) D Rings- weld on Lights: KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 One (1) Strobe Light center mount on head board Two (2) Work Lights —mount one each side of head board Two (2) Mini Strobes in Grill Two (2) Mini Strobes at rear Flatbed-Nelson Build: 10 ft steel frame with extruded plank Aluminum Deck 40" Head Board with Expanded metal and light landing pads ICC Bumper with hitch incorporated 2.5" receiver LED Lights and reflectors Painted Black Side Boards Treated Lumber, 2"x 12" x 1Oft long with steel stakes Four (4) recessed "D" ring tie downs in bed floor Back up Camera installed Under Body Storage Boxes: Two (2) Wickum Weld under body box installed—One(1) each side 36" wide x 18" deep x 18" tall Auxiliary Tank- 75 gallons-fuel storage tank with capped Gasoline/Deisel fuel fill fitting and outlet fuel fitting. Dimensions: 7'6" left to right x8" deep x 2ft tall Snow Dogg: 9ft plow with mounting kit, lights, and mold board assembly: Plow-9ft Snow Dogg plow Mold Board- includes Shoes, Deflector and Steel cutting edge PN 16020642 Trip Release include Lift Frame PN 16011006 Light Kit Led- PN 16160800 Lights work independent of chassis light system When the Plow is deployed the chassis headlights automatically shut off and when plow is lifted the head lights return to the on position. KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 Adapter Plug for plow lights PN 16071200A Truck Mount HD/EXN/CM Salt Dogg Sand Spreader Model: Fits trucks with minimum 13,000 lb GVW (gross vehicle weight). Double wall poly hopper has a 2.5 cubic yard capacity. 12V DC-powered electric drive independent 3/4 HP auger motor, and 1/2 HP spinner motor. Handles bulk salt or a 50150 salt/sand mix.In-cab closed-loop controller with independent conveyor/auger and spinner speeds, and vibrator control. A high-flow design for consistent coverage at high speeds, with a 5-30 ft spread radius (14 in. poly spinner). "Swing away" chute for bulk unloading. Vibrator, top screen, fitted tarp, tie downs and remote auger bearing grease kit included. Forklift slots for ease of loading. Backed with a 2 year warranty. Made in the USA. The SaltDogg PR02500 Electric Poly Hopper Spreader with Auger is designed for serious commercial and municipal users*. The spreader fits flatbeds, dump trucks, and large pickups (dual rear wheels with 8 ft beds and a minimum 13,000 lb GVW). It features a patented 2.5 cubic yard double- wall poly hopper that won't rust or dent. The spreader can handle salt or a 50150 salt/sand mix with its 5-1/4 in. variable pitch full-length auger and stainless steel trough. The auger is driven by an independent 3/4 HP, 12V gear motor. A 200 lb vibrator works with the stainless steel inverted V to keep your material flowing. High-flow design allows for consistent material coverage even at high speeds, and the chute can be adjusted to suit different materials. It also swings away to make bulk unloading easy. Intuitive in-cab controls let you independently manage auger and spinner speeds and turn the vibrator on/off with the flick of a switch.The spreader comes standard with a top screen, tie downs, and a fitted tarp. KENT NORTH SEATTLE PORTLAND 20063 84th Ave South 14325 Aurora Ave North 6309 NE Columbia Blvd NELSON TRUCK Kent,WA 98032-1229 Seattle,WA 98133 Portland,OR 97218 (253) 395-3825 (206)365-1000 (503)548-9300 EQUIPMENT CO., INC. Fox(253)872-6583 Fax(206)365-2202 Fax(503)548-9302 EST. 1937 Backed with a two year warranty. Your price, all assembled, installed and tested----------------$ 51,964.07 WA State sales tax- collected by NAFG If you need additional information, please let us know. Thank you. Sincerely John John Seelke Nelson Truck Equipment Co Inc. 20063 84th Ave S Kent, WA 98032-1229 johns@nelsontruck.com 1/8/24, 10:39 AM Sell,service,and deliver letter Vehicle Configuration Options ENGINE Code Description 99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas, (STD) TRANSMISSION Code Description 44G Transmission: TorgShift 10-Speed Automatic, (STD) TIRES Code Description Tires: 225/70Rx19.5G BSW Traction (TGK), -inc: 4 traction tires on the rear and 2 traction TGK tires on the front, Not recommended for over the road applications; could incur irregular front tire wear and/or NVH PRIMARY PAINT Code Description Z1 Oxford White SEAT TYPE Code Description AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, ]storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar AXLE RATIO Code Description X8L Limited Slip w/4.88 Axle Ratio ADDITIONAL EQUIPMENT Code Description GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear-axle and low 68M deflection/high capacity rear springs, Increases max RGAWR to 14,706 Ibs, Note: See Order Guide Supplemental Reference for further details on GVWR Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame 872 wiring to the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20' jumper wire and camera mounting/aiming instructions 76C Exterior Backup Alarm (Pre-Installed) OPTION PACKAGE Code IDescription 660A Order Code 660A https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 4/9 1/8/24, 10:39 AM Sell,service,and deliver letter 2024 Fleet/Non-Retail Ford Super Duty F-550 DRW XL 4WD Crew Cab 179" WB 60" CA WINDOW STICKER 2024 Ford Super Duty F-550 DRW XL 4WD Crew Cab 179"WB 60" CA CODE MODEL MSRP W5H 2O24 Ford Super Duty F-550 DRW XL 4WD Crew Cab 179"WB 60" CA $60,190.00 OPTIONS 99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas, (STD) $0.00 44G Transmission: TorgShift 10-Speed Automatic, (STD) $0.00 TGK Tires: 225/70Rx19.5G BSW Traction (TGK), -inc: 4 traction tires on the rear and 2 traction tires on $215.00 the front, Not recommended for over the road applications; could incur irregular front tire wear and/or NVH Z1 Oxford White $0.00 AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, $0.00 2-way adjustable driver/passenger headrests and driver's side manual lumbar X8L Limited Slip w/4.88 Axle Ratio $395.00 68M GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear-axle and low $1,155.00 deflection/high capacity rear springs, Increases max RGAWR to 14,706 Ibs, Note: See Order Guide Supplemental Reference for further details on GVWR 872 Rear View Camera & Prep Kit, -inc: Pre-installed content includes cab wiring and frame wiring to $415.00 the rear most cross member, Upfitters kit includes camera w/mounting bracket, 20'jumper wire and camera mounting/aiming instructions 76C Exterior Backup Alarm (Pre-Installed) $175.00 660A Order Code 660A $0.00 Please note selected options override standard equipment SUBTOTAL $62,545.00 Advert/Adjustments $0.00 Manufacturer Destination Charge $1,995.00 TOTAL PRICE $64,540.00 Est City: N/A MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating conditions. Notes https://www.nationaI autofleetgroup.corn/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 5/9 1/8/24, 10:39 AM Sell,service,and deliver letter https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 6/9 1/8/24, 10:39 AM Sell,service,and deliver letter Standard Equipment MECHANICAL Engine: 7.3L 2V DEVCT NA PFI V8 Gas (STD) Transmission: TorgShift 10-Speed Automatic -inc: 1 OR140 w/neutral idle, SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and off-road (STD) 4.88 Axle Ratio (STD) EXTERIOR Tires: 225/70Rx19.5G BSW A/P (STD) WHEELS Wheels: 19.5" x 6"Argent Painted Steel -inc: Hub covers/center ornaments not included ADDITIONAL EQUIPMENT 50-State Emissions System Transmission w/Oil Cooler Electronic Transfer Case Part-Time Four-Wheel Drive 78-Amp/Hr 750CCA Maintenance-Free Battery w/Run Down Protection HD 250 Amp Alternator Towing Equipment -inc: Brake Controller and Trailer Sway Control Trailer Wiring Harness 10600# Maximum Payload GVWR: 18,000 Ibs Payload Package HD Shock Absorbers Front And Rear Anti-Roll Bars Firm Suspension Hydraulic Power-Assist Steering 40 Gal. Fuel Tank Single Stainless Steel Exhaust Dual Rear Wheels Auto Locking Hubs Front Suspension w/Coil Springs Solid Axle Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Upfitter Switches https://www.nationaIautofIeetgroup.corn/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 719 1/8/24, 10:39 AM Sell,service,and deliver letter Clearcoat Paint Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Fender Flares Black Side Windows Trim and Black Front Windshield Trim Black Door Handles Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual Extendable Trailer Style Mirrors Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Front Splash Guards Black Grille Autolamp Auto On/Off Aero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cab Clearance Lights Perimeter/Approach Lights Radio w/Seek-Scan, Clock and Speed Compensated Volume Control Radio: AM/FM Stereo w/MP3 Player -inc: 6 speakers Fixed Antenna SYNC 4 Communications & Entertainment System -inc: enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart-charging USB port and trailer brake controller 2 LCD Monitors In The Front 4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement 60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer Power Rear Windows FordPass Connect 5G Mobile Hotspot Internet Access Rear Cupholder Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls Manual Air Conditioning HVAC -inc: Underseat Ducts Illuminated Locking Glove Box Interior Trim -inc: Chrome Interior Accents Full Cloth Headliner Urethane Gear Shifter Material HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage, 2-way adjustable https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 8/9 1/8124, 10:39 AM Sell,service,and deliver letter driver/passenger headrests and driver's side manual lumbar Day-Night Rearview Mirror Passenger Visor Vanity Mirror Full Overhead Console w/Storage and 2 12V DC Power Outlets Fade-To-Off Interior Lighting Front And Rear Map Lights Full Vinyl/Rubber Floor Covering Smart Device Remote Engine Start Instrument Panel Covered Bin and Dashboard Storage Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power Power Door Locks Driver Information Center Trip Computer Outside Temp Gauge Digital/Analog Appearance Seats w/Vinyl Back Material Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Securilock Anti-Theft Ignition (pats) Immobilizer 2 12V DC Power Outlets Air Filtration Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat-Mounted Side Airbags Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Departure Warning Collision Mitigation-Front Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters Safety Canopy System Curtain 1 st And 2nd Row Airbags Dual Stage Driver And Passenger Front Airbags Rear Child Safety Locks https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/27185?ws=true&se=true&ssdType=QuickQuote&knm=true 919 Mason County Administrator V � cnU 411 North 5t" Street Shelton, WA 98584 360.427.9670 ext. 419 MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR January 29, 2024 • Specific Items for Review o Artificial Intelligence (AI) Policy—TJ o Treatment Sales Tax (TST) Fund request—Jenn o ARPA update -Jenn o Update of Lead Pay language to Article 12.3 "Lead Worker Pay'— Mary o Convert one HR Analyst position to an Administrative Assistant II - Mary o Administrator quarterly report - Mark • Administrator Updates • Commissioner Discussion o Coroner's purchase of cooler, storage racks, and lift C:AUsers\Colson\AppData\Local\Microsoft\Windows\IN etCache\Content.Outlook\S729ZYDJ\2024-01-29.docx C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Todd Cannon Ext. 501 Department: Information Technology Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: January 30,2024 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• Al Usage Policy Background/Executive Summary: Focus: Responsible, ethical and transparent use of AI for public benefit. Applies to: All county officials,employees, contractors, and partners using Al tools. Key principles: • Accountability: Users take responsibility for actions involving Al, adhering to laws and best practices. • Transparency: Purpose, function, and limitations of Al tools should be clear to the public. • Fairness: Avoid bias and discriminatory outputs. Monitor and address potential unfairness. • Privacy: Respect individual privacy. Obtain consent and ensure data security. • Quality: Use reliable data and testing to ensure accurate outputs. • Human Oversight: All AI-generated documents require human review before release. Implementation: • Acquisition: IT department oversees tool approval to ensure compliance. • Training: Employees receive training on responsible Al use. Budtet Impact(amount, funding source,budget amendment): N/A Public Outreach(news release,community meeting, etc.): Briefing and Action Agenda Requested Action: Please consider approving the adoption of the Al usage policy Attachments: Al Usage Policy for Mason County A.I. Usage Policy for Mason County, Washington Purpose: This policy outlines the principles and procedures for the use of Artificial Intelligence (AI) tools by Mason County employees, contractors, and partners. It aims to ensure responsible, ethical, and transparent application of Al while maximizing its potential for public benefit. Scope: This policy applies to all Mason County elected officials, personnel, contractors, and partners who utilize Al tools for official county purposes, including service delivery, research, operational improvement, and communication. Principles: Mason County acknowledges both the benefits and potential risks associated with Al in the public sector. The county commits to using Al in a manner that upholds the following principles: • Accountability: Individuals using Al are accountable for their actions and decisions involving these tools. They must comply with applicable laws, regulations, policies, and best practices. Any issues or incidents involving Al must be reported to supervisors or designated authorities. • Transparency: The purpose, function, and limitations of Al tools should be transparent to the public and stakeholders. Clear and understandable explanations of how Al works and its outputs are crucial. • Fairness: Al tools should be utilized in a fair and unbiased manner. Algorithmic bias and discriminatory results based on protected characteristics must be avoided. Regular monitoring and evaluation of Al performance and impact are essential to address potential unfairness. • Privacy: The privacy of individuals whose data may be used by Al tools must be respected. Consent must be obtained before collecting or processing personal or sensitive data. The confidentiality and security of such data are paramount. • Quality: High-quality and accurate Al tools are crucial. Reliable data sources and effective testing and validation procedures are essential to ensure accurate and reliable outputs. • Human Oversight: No AI-generated document shall be released to the public without human review and modification. This ensures factual accuracy, alignment with county values, and appropriate tone and language. Implementation: To implement these principles, the following procedures are established: • Acquisition: All Al tools must be approved by the designated IT department and IT steering committee, ensuring compliance with this policy and relevant regulations. • Training: Employees using Al tools will receive appropriate training on responsible Al use, including ethical considerations, bias mitigation techniques, and data privacy practices. • Monitoring and Evaluation: Regular monitoring and evaluation of Al tools will be conducted to assess their effectiveness, fairness, and impact on individuals and communities. • Incident Reporting: Any issues or incidents involving Al must be reported to designated authorities for investigation and appropriate action. • Review and Revision: This policy will be reviewed and updated periodically to reflect changes in technology, legislation, and best practices. Enforcement: Compliance with this policy is mandatory for all Mason County elected officials, personnel, contractors, and partners. Failure to comply may result in disciplinary action or termination of contracts. Resources: • Mason County IT department and IT steering Committee: For guidance on Al tool acquisition and support, or for information on data privacy and security practices. • Office of Human Resources: For training opportunities on responsible Al use. Contact: For any questions or concerns regarding this policy, please contact the Mason County IT department. Effective Date: 12/07/2023 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 1/29/2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑X 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: Status of ARPA Funded Projects through December 31, 2023 Background/Executive Summary: The American Rescue Plan Act(ARPA)of 2021 provides $350 billion in emergency funding for eligible state, local,territorial, and tribal governments to respond to the COVID-19 emergency and bring back jobs. The US Treasury has given Mason County$12,968,901 of the ARPA grant money. The funds came in two installments and must be obligated by 12/31/2024 and expended by 12/31/2026. Below are the projects that Mason County has obligated to receive funds as of 6/30/2023 (the remaining funds are reserved for grant administration): First Installment: PUD 1 Customer Arrearages due to COVID $125,000 ($100,000 Reallocated to HCC Eldon Fiber Buildout) HCC Customer Arrearages due to COVID$110,000 Mason County Treasurer Property Tax Reimbursement- individual households $125,000 Mason County Treasurer Property Tax Reimbursement- small businesses $75,000 EDC Small Business Grants $500,000 Crossroads Housing for Assistance to Homeless Veterans $10,000 Mason County Housing Authority Rent Arrearages $100,000 The Arc of the Peninsulas $35,000 Signing Bonus for Corrections Deputies $30,000 MCSO Body Cameras&Install $742,364 PUD 3 Belfair Substation$1,500,000 Public Records Software GovQA$22,700 Mason County Prosecutors Office 2nd floor expansion$75,000 Mason County Jail Elevator Doors$80,000 PUD 1 Agate Beach Water System Mainline $559,000 PUD 1 Vuecrest Storage Upgrade Phase 1 &2 $158,284 CEDS Belfair Water New Well for Commercial Core UGA$450,000 HCC Colony Surf Fiber Buildout$313,556 C Mason County Agenda Request Form Y /A t! HCC Eldon Fiber Buildout$601,932 Mason County IT Infrastructure Backbone/Storage upgrade$136,261 Public Works-Beards Cove AC Mainline Replacement$100,000 Public Works-Belfair PS #1 Improvement Project$150,000 Public Works-Belfair PS #3 Improvement Project$180,000($90,00 Reallocated to Mason County Utility Arrearages) Public Works-Lakeland Pump Station$42,000 Public Works- 70 Grinder Pumps $151,273 Port of Allyn Water Company$100,000 Washington State Association of Counties 2022 Dues$4,000 Mason County Utility Arrearages $90,000 Total Obligated First Installment: $6,376,370 Second Installment: Belfair Sewer Extension$1,500,000 Mason County Fiber Optic Upgrade$425,000 Belfair Water Backup Generators$300,000 PUD#1 Vuecrest Storage Phase#3 $750,000 Belfair Sewer Log Yard Road Extension Design$250,000 Eels Hill Yard Goats $240,000 North Mason Fire Mobile Integrated Health Program Startup $337,000 Mason County Housing Authority Unit Renovations $750,000 DCD Records Archival&Scanning Project$542,000 Shelton Young Adult Transitional Housing Project$722,000 Mason County Emergency&Disaster Response Center$50,667 Mason County Sheriff's Office Bearcat$342,000 Camp Sluys Youth Camp $30,000 Community Lifeline $34,790 Total Obligated Second Installment: $6,273,457 Grand Total Obligated ARPA Funds: $12,649,827 Every quarter we request an update on each active project for our required monitoring as well as updating the BOCC. Budget Impact(amount, funding source,budget amendment):No impact to the General Fund Public Outreach (news release,community meeting, etc.): N/A Requested Action: None Attachments: The ARPA Briefing Spreadsheet, ARPA Updates ARPA Briefing Support as of 12/31/2023 Page 1 ARPA Briefing Support I I i Balance BOCC Obligated by Remaining of i RPA Catego; Mason County Project Name District Confirmed Requests Approved Contract Expended Approved Amt A Support Public Health Response/Negative Economic Impacts • PUD 1 Customer Arrearages due to COVID 2 125,000 125,000 125,000 25,000.00 100,000 • Reallocate from PUD Arrearages to HCC Eldon Fiber Bulldout 2 (100,000) (100,000) (100,000) (100,000) • HCC Customer Arrearages due to COVID 2 110,000 110,000 110,000 22,739.17 87,261 Mason County Treasurer Property Tax Reim-individual households All 125,000 125,000 125,000 125,000.00 - j I 1 Reallocate from Property Tax-small buisness to Individual Households 49,932 49,932 49,932 20,064.56 29,867 Mason County Treasurer Property Tax Reim-small businesses All 75,000 75,000 75,000 25,067.94 49,932 I Reallocate from Property Tax-small buisness to Individual Households (49,932) (49,932) (49,932) (49,932) Mason County Utility Arrearages All 90,000 90,000 In House 68,325.18 21,675 • EDC Small Business Grants All 500,000 500,000 500,000 500,000.00 - • Crossroads Housing for Assistance to Homeless Veterans All 10,000 10,000 10,000 1,738.80 8,261 • Mason County Housing Authority Rent Arrearages All 2/10/22 Frank Pinter 123,545 100,000 100,000 100,000.00 - • The Arc of the Peninsulas All 4/5/2022 Chris Tibbs 35,000 35,000 35,000 35,000.00 - Camp Sluys Youth Camp All 5/20/2022 30,000 30,000 30,000 30,000.00 - Shelton Young Adult Transitional Housing Project All 1,428,000 722,000 722,000 722,000.00 - • Community Lifeline All 54,790 54,790 54,790 54,789.84 - ARPA$from City of Shelton for Community Lifeline transferred In • 12/27/23 (20,000) (20,000) (20,000) North Mason Fire Mobile Integrated Health Program Startup 11 337,000 337,000 203,412.98 133,587 A Support Public Health Response/Negative Economic Impacts Subtotal 2,943,335 2,193,790 1,766,790 1,933,138.47 260,651 B Premium pay for Essential Workers B Premium pay for Essential Workers Subtotal C Replace Public Sector Revenue Loss Up for government services up to$10 Million • MCSO Body Cameras All 702,364 702,364 In House 702,363.83 0 • MCSO Body Camera Install All 40,000 40,000 In House 25,789.50 14,211 PUD 3 Belfair Substation 1 1,500,000 1,500,000 115001000 1,500,000 • Public Records Software GovQA All 2/15/2022 Diane 22,700 22,700 In House 22,700.00 - DCDRecordsArchlvallmage All 2/11/22 Kell 542,000 542,000 In House 127,188.68 414,811 • Prosecutors Office 2nd floor expansion(Originally 700,000) All 2/18/2022 Kelly 75,000 75,000 In House 38,423.88 36,576 • Jail Elevator and Doors All 5/2/2022 Kelly 80,000 80,000 In House 73,591.04 6,409 • Eels Hill Yard Goats All 240,000 240,000 in House 240,000.00 - • MCSO Bearcat/Terradyne All 342,000 342,000 In House 342,000.00 - Mason County Housing Authority Unit Renovation Project All 1,208,790 750,000 750,000 750,000.00 - Signing Bonus for Corrections Deputies-up to$30k approved All 74,266 30,000 In House 19,240.48 10,760 Mason County Emergency&Disaster Response Center All 50,900 50,667 In House 4,412.39 1 46,255 C Replace Public Sector Revenue Loss Subtotal 4,827,120 4,324,064 2,250,000 2,345,709.80 1,982,767 D Water,Sewer,and Broadband Infrastructure PUD 1 Agate Beach Water System Mainline 3 spending In 2023 559,000 559,000 559,000 426,355.85 132,644 • PUD 1 Vuecrest Storage Upgrade Phase 1&2 2 158,284 158,284 158,284 158,284.00 - CEDS Belfair Water New Well for Commercial Core UGA 1 450,000 450,000 450,000 387,806.13 62,194 • HCC Colony Surf Fiber Bulldout 2 313,556 313,556 313,556 313,556.00 • HCC Eldon Fiber Bulldout 2 501,932 501,932 501,932 501,932.00 - • Reallocate from PUD#1 Customer Arrearages to HCC Eldon Fiber Buildout 100,000 100,000 100,000 100,000.00 - • Mason County IT Infrastructure Backbone/Storage upgrade All 136,261 136,261 In House 136,097.84 163 • PW Rustlewood-Project Removed PW Beards Cove AC Mainline Replacement 1 2/17/22 Richard DYes 100,000 100,000 In House 100,000 • PW Belfair PS#1 Improvement Project 1 2/17/22 Richard D Yes 150,000 150,000 In House 67,538.60 82,461 • PW Belfair PS#3 Improvement Project 1 2/17/22 Richard D Yes 180,000 180,000 In House-$90,000 73,373.13 105,627 Reallocate from PW Belfair PS#3 to Mason County Utilities Arrearages (90,000) (90,000) (90,000) l • PW Lakeland Pump Station 1 2/17/22 Richard D Yes 42,000 42,000 In House 39,433.27 2,567 Belfair Water Backup Generators 1 2/23/22 Date Webb Yes 300,000 300,000 300,000 240,091.61 59,908 • PW 70 Grinder Pumps All 2/23/22 Richard Yes 151,273 151,273 In House 151,273.00 - Port Of Allyn Water Company 1 Yes 4/8/2022 Mark 100,000 100,000 100,000 100,000 Belfair Sewer Log Yard Rd.Extension Design 1 $250,000 250,000 In House 250,000 Belfair Sewer Extension 1 $5,200,000 1,500,000 In House 1,500,000.00 Mason County Fiber Optic Infrastructure Upgrade All $425,000 425,000 In House 425,000 PUD 1 Vuecrest Storage Upgrade Phase 3 2 $750,000 750,000 750,000 750,000 D Water,Sewer,and Broadband Infrastructure Subtotal 9,777,306 6,077,306 3,232,772 4,095,741.43 1,981,565 E Administration Washington State Association of Counties 2022 Dues All 4,000 4,000 4,000.00 - Temp County Staff to address COVID All 430,000 430,000 Included in total 430,000 Administractlon Payroll (110,926) 159,370.28 (270,296) Temp Staff WFOA Conference 1,083 570.00 513 Temp County Staff Suppies(Included in Temp Staff) All 1,527.57 (1,528) E Administration Subtotal 434,000 324,157 - 165,467.85 158,689 Grand Total 17,981,761 12,919,317 7,249,562 8,540,057.55 4,383,672 • Completed Project Total APRA Funds Available 12,968,901 Total ARPA Funds Received in 2021-First Round 6,484,451 Total ARPA Funds Expected in 2022-Second Round 6,484,451 Total ARPA Funds Approved/Obligated in prior briefings: 12,919,317 Total ARPA Funds Currently over-Obligated removed from Administration: 110,926 Total Unexpended from Completed Projects: 157,864 Status of ARPA Funded Projects through 12/31 /2023: Mason County Treasurer Property Tax Arrearages-ARPA funding is allowable up to 2021 delinquent taxes that are subject to foreclosure in 2024.They are expecting requests to continue through 2024. *There is$29,867 of the obligated funds left. How would the Broad like to ensure those funds are spent in total by the end of 2024? Impact NW Camp Sluy's—They had a homeless person break into their building and cause damage to the smoke detector system. It's being repaired and a contract is in the works for the fire system monitoring.That's the last item before inspection and final occupancy. *The Youth Connection-The building has been purchased and they are now in the design stage. Terri is thinking they may need an amendment to the contract to extend the date.Will know more by end of 1 st quarter 2024. Mason County Emergency&Disaster Response Center-About 95% complete and is planned on being done by the end of February in the North Mason EOC/Training Center. PUD 3 Substation-About 90%done, significant progress has been made. Looking to be complete by J u ne 30th, 2024. DCD Scanning project-This project is on track and planned to meet the required deadline. Signing bonus for Correction Officers-They have 9 potential bonuses by the end of 2026. *PUD 1 Vuecrest-Will go out for bid next month.They may need an extension until 9/30/2024. PUD 1 Agate Beach-Was hoping to be done by year end but is at about 90%at this time. Belfair Water Backup Generators-They now have 2 generators set on the pads at well 4 and at Romance Hill and they are in the process of getting up and operational.The 3`d generator is still expected to arrive sometime between February and March. Belfair Water New Well-This project is now 100%funded and set to be complete in April. Port of Allyn New Well-The Port has had some tough times with two vital administrative people passing away unexpectedly within the last few months.They do, however, have the amendment signed to change the contract to purchase a new well.We are just waiting for their SAM.Gov number to be registered,then will be able to fund this project. Mason County Downtown Campus Fiber Ua rade-The fiber upgrade is about 90%complete.TJ is expecting to be done by the end of January. North Mason Fire Mobile Integrated Health Program-The project is ongoing but will wrap up by June 30th, 2024. Public Works: Beards Cove: BelfairSewer Log Yard Rd, Design: Belfair Sewer Extension: Mason County Housing Authority:funds were to be returned or proof of approved spending turned in by December 3011, 2024. No action was taken by MCHA. Mason County Temp Staff-Ongoing- Kate's still here! Completed ARPA Projects: Mason County Utility Arrearages-*amount remaining to be obligated is$21,675 PUD 1 Customer Arrearages HCC Customer Arrearages*-requested to apply leftover funds to other projects. EDC Small business Grants Mason County Housing Authority Arrearages MCSO Body Cameras Prosecutors Office 2"d Floor expansion* Jail Elevators and Doors* Eels Hill Yard Goat Trackers PUD 1 Vuecrest Phase 1 &2 PUD 1 Eldon Fiber Buildout HCC Colony Surf Fiber Buildout Mason County IT Infrastructure Backbone/Storage Upgrade* Lakeland Pump Station* Pump Stations#1 &#3 Public Works-Grinder Pumps The Arc of the Peninsulas Sheriff's Office Terradyne HCC Eldon Fiber Buildout Public Records GovQA- Community Lifeline Crossroads C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Human Resources Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 1/29/2024 Agenda Date: 1/30/2024 Internal Review: ❑ Finance 0 Human Resources © Legal ❑ Information Technology 0 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• Update of Lead Pay language to Article 12.3 "Lead Worker Pay". Background/Executive Summary: The County and Teamsters Local 252 representing Community Family Health entered into a Collective Bargaining Agreement for 2023-2026. This agreement does not have the same provisions for Lead Pay as other contracts in the County. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Move to Action Agenda approval of attached MOU with Teamsters Local 252 representing Community Family Health to update the"Lead Worker Pay"language. Attachments MOU Memorandum of Understanding Between Mason County Community Family Health And Teamsters Union Local 252 WHEREAS Mason County(the Employer) and Teamsters Local 252(the Union)are parties to a collective bargaining agreement(and collectively referred to as the Bargaining Parties). WHEREAS the parties recognize the need to amend and update the existing contractual language in the Teamsters Union Local and Comnmimity Fan-lily Health Collective Bargaining Agreement 01/01/2023- 12/31/2026,specifically Article 12, Section 12.3 concerning"Lead Worker Pay"to bring it in line with the provisions outlined in Mason County Personnel Policy related to Lead Work. WHEREAS in the Community Fan-lily Health Collective Bargaining Agreement Lead Worker Section 12.3 states: "The County Department Head, with the approval ofHitman Resources, may designate an employee as a Lead PVbrker;such designation is not considered to be a 'job vacancy"or "newly created position"as referenced in Article 10—SENIORITY, Section 2. Employees who are assigned to act as working Leads shall receive an additional five(5)percent above their applicable rate ofpay. Such employees shall be subject to all conditions of the Collective Bargaining Agreement, including the distribcttion of overtime.A Lead Worker will typically direct, oversee, and/or organize the work of other employees. The Lead YYorker cannot hire,fire, or discipline other employees within the bargaining unit." NOW THEREFORE,the Lead Worker Section 12.3 shall state: Lead Worker status and compensation shall be administered in accordance with Mason County Personnel Policy." Dated this day of ,2024. Approved as to form: Tim White �, '�pu�tyProZecuting� Attorney FOR MASON COUNTY Commissioner Neatherlin,Chair FO UNI I O�Q� l Dane Bonnell,Business Representative Brian Bl dell Secretary Treasurer Teamsters Union Local 252 Teamsters pion Local 252 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Human Resources Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 1/29/2024 Agenda Date: 1/30/2024 Internal Review: ❑X Finance ❑X Human Resources ❑ Legal ❑ Information Technology ❑X 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• Convert one HR Analyst position to an Administrative Assistant II based on scope of work and updated departmental needs. Background/Executive Summary: The settlement of all contracts before expiration dates has demonstrated a different need and scope of work in HR.Also there have been identified cost savings and efficiency when using consultant services for compensation work. This position has been comped at Range 16. Budget Impact(amount, funding source,budget amendment): Already budgeted position—budget amendment Public Outreach (news release,community meeting, etc.): N/A Requested Action: Move to action agenda and approve the Administrative Assistant II position at Range 16 on the non-rep salary schedule. Attachments Position description. Non-Rep Salary Schedule C�eq POSITION DESCRIPTION Title: Administrative Assistant Department: Human Resources Affiliation: Non-Represented Reports to: HR Director Exempt: Regular Driver: N Supervises/Directs: None Non-Exempt: x Job Class: Risk Class: 5306-07 Salary Range: According to Non-Rep SalaryScale DESCRIPTION: This confidential position performs a wide variety of advanced and complex administrative support to the Human Resources Department. Coordinate functions requiring a comprehensive understanding of the administrative and technical operations of the department and / or of countywide operations. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Serve as primary administrative and data support for the lead negotiators. Prepare negotiations materials. Serve as the County's note taker as it relates to labor relations. Plan, arrange, and coordinate meetings, assemble the necessary components, combine various elements and ensure readiness in advance of activities. Pull and prepare reports from the County financial system. Edit and finalize contracts and economic changes for payroll. Prepare and route HR related resolutions and contracts for Board of County Commissioners action. Analyze data, summarize, and develop informational summaries and reports for use by the department. Update and retrieve data from applicable sources; establish, maintain, and update files, records, accounts and other information as needed to support and document functional operations and activities. Conduct research and special studies in needed areas and prepare reports with recommendations. Assume administrative responsibility for a specific project, identifies resource needs and may develop action plans, may set up plans and procedures for achieving objectives. Create and update records management system and file index related to HR projects. Recommend improvements in processes and procedures; assist in coordinating the implementation of solutions. Perform incidental general office tasks such as monitoring/ordering standard office supplies; collating and assembling documents; attend meetings and take/distribute minutes; scheduling appointments; screening calls/visitors. Provide a variety of administrative support to members of the department. Demonstrate initiative in performing job functions. Regular, reliable, and punctual attendance. Other duties as assigned. Knowledge of: • Basic FIR principles and functions • Research projects and methods • Basic federal, state and local employment laws and regulations • Public sector organizations • Public Records Act Ability to: • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues/regulations. • Research guidelines, laws, and policies. • Establish and maintain effective working relationships with stakeholders. • Meet deadlines and multi-task in a fast-paced environment. • Physical ability to perform the essential functions of the job, with or without reasonable accommodation. • Effectively and efficiently take notes. • Operate Microsoft Suite programs at an advanced level. • Effectively use a personal computer and applicable software to successfully perform the essential functions of the position • Establish and maintain filing and record keeping systems. • Analyze, interpret and apply directives, guidelines and laws to policies. • Maintain a high degree of confidentiality on all matters of sensitive nature. Skill in: • Customer service • Organization • Attention to detail MINIMUM QUALIFICATIONS: (Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job may be considered.) • High School diploma or equivalent • Two (2) years progressively responsible administrative or Human Resources experience. • Type 40 WPM PREFERRED QUALIFICATIONS: • Associate's degree • Two (2) years of applicable experience in a Human Resources discipline • One (1) year of applicable experience in a government office environment. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State driver's license WORKING CONDITIONS: (The physical demands described are representative of those that must be met by the employee to successfully perform the essential functions of this job. Mason County provides reasonable accommodation to enable individuals with disabilities to perform the essential functions.) Work is performed in an office environment while stationary at a computer or desk operating general office equipment. May move up to twenty (20) pounds. Occasional travel within and outside the County. Position requires mental acuity to ensure thorough analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the department. May be required to deal with shifting or conflicting priorities, interests and difficult situations requiring the use of conflict management and facilitation skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience, and courtesy at all times. Department Head/County Administrator Signature of Approval: Date: Human Resources Director or Designee Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29,2024 Agenda Date: Click or tap here to enter text. 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• Quarterly Review of Documents Signed by the County Administrator Background/Executive Summary: Pursuant to Resolution no.2023-019,the County Administrator has authority to approve and sign a variety of documents to carry out the mission of the Commission. The Administrator is to provide progress reports in public briefings of what documents have been signed. The Resolution states"... approving and signature authority includes,but is not limited to,contracts and contract extensions$50,000 and under if expenditure authority exists within the adopted budget;budgeted motor pool business;budgetary documents to carry out the adopted budget;requests to fill vacant budgeted positions;temporary higher class/lead pay requests that do not require a budget adjustment;urgent news releases;updating procedures;documents to correct scrivener's errors;credit card program documents;documents from the WA State Liquor and Cannabis Board; and other duties as assigned". Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Commission review. Attachments 2023 Quarter 4 Report Agenda Item I Agenda Date Type Item Date Signed I Item No. I Scanned Notes 8.5 3/28/2023 Amendment State Military Dept.Emergency Management Performance Grant E23-206 Amendment 10/25/2023 23-020 Status Report Real Property Status Report SF-429 FEMA 11/17/2023 8.7 11/21/2023 Contract Friends of Foothills Park Gatekeeper contract w/William Long 11/21/2023 23-085 X 8.22 11/21/2023 Contract Park Host contract for MCRA with Scott and Kris Hewitt 11/21/2023 23-088 8.22 11/21/2023 Contract Park Host contract for Sandhill Park with Anthony Mullen 11/21/2023 23-089 Contract CNR maintenance agreement-Avaya telephone maintenance 11/20/2023 22-088 X Letter Letter to the State Auditor regarding the Jan 12021-Dec 312022 audit 12/8/2023 Order Form Granicus net30 purchase of 5TB of storage for GovQA public record requests 12/11/2023 Contract North Mason Little League MCRA Park Concession extension 12/19/2023 22-018 X Certification Debarment,Suspension,Ineligibiliy,or Voluntary Exclusion for E24-239 12/22/2023