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HomeMy WebLinkAbout2024/06/10 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF June 10, 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 Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th 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 :00 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 06/07/24 at 2:32 PM BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of June 10, 2024 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, June 10, 2024 Zoom link available on the Mason County website 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 10:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 11:00 A.M. WSU Extension – Dan Teuteberg 11:05 A.M. Auditor’s Office – Steve Duenkel 11:10 A.M. Community Development – Randy Collins 11:20 A.M. Public Health – David Windom 11:30 A.M. Board of Equalization Interview 11:40 A.M. Public Works – Loreta Swanson Utilities & Waste Management 11:50 A.M. Support Services – Mark Neary Commissioner Discussion – as needed C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Dan Teuteberg Ext. 686 Department: WSU Extension Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 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• Washington State University Extension Spring 2024 Report Mason County Background/Executive Summary: N/A Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Informational only. Attachments Report �i N WSU EXTENSION Spring Report 2024 Mason County REIM y W s 41 Serving Mason Countyfor • 11 years Washington State University Extension Mason County helps people put research-based knowledge to work, improving their lives,communities,and the environment. To realize this mission,faculty and staff plan,conduct and evaluate research and experience-based educational programs to improve the lives of Mason County residents. WSU Extension Mason County also employs the assistance of hundreds of volunteers and community partners and provides access to the resources available at Washington State University and the National Land Grant University Extension System. '�• Dan Teutebe%County Director& Partnerships Mason Coun and Washin ton State Universi have a 4H Youth Development Specialist County g University dan.teuteberg@wsu.edu ��°N °p°�rA long-standing partnership in providing educational 360-427-9670 Ext.686 programs and research-based information to residents throughout the county.This partnership ensures that - --_ resources are committed from Federal allocations and WSU Extension Mason County 185' University funds to keep important educational programs 303 N 4th Street,Shelton,WA 98584 available in Mason County. 360-427-9670 Ext.680 http://extension.wsu.edu/mason Other Mason County partnerships include: ♦ United Way of Mason County ♦ School Districts—Shelton, Facebook pages: Pioneer and Hood Canal p g ♦ Early Learning Coalition Mason County4-H ♦ Community Services Offices ♦ Shelton Timberland Library Mason County Noxious Weed ♦ Saints Pantry Food Bank ♦ Mason Conservation District Control ♦ Mason General Hospital Mason County WSU Master Gardeners ♦ Mason County Health Department ♦ Washington Conservation Corps WSU Small Farms Mason County ♦ The Salmon Center ♦ South Sound Reading Foundation ♦ Hood Canal Coordinating Council ♦ Mason County Therapeutic Court Cooperating agencies:Washington State University,U.S.Departmentof agriculture,and Washington counties.Extension programs and employment are available to all without discrimination.Evidence of noncompliance may be reported through your local Extension office. I I IVA BY THE NUMBERS 2024 263 youth engaged ` through clubs & community outreach programs • 64 volunteers certified adult 4- H Youth Development volunteers • 11 active county wide • Make the Best Better" 4-H Clubs and 4-H CLUBS programs Our 4-H community clubs are working hard 40 I�gkiw in their project areas and we have been QUOTES Pr excited to welcome 12 new adult volunteers and 28 new youth members this spring who 'just love 4-H because it have never participated in our program gives my daughter a before.The steady growth our program has chance to explore so seen this year has been wonderful to many projects and continue reaching new families in Mason discover what she County. really loves." MASON COUNTY 4-H Carly, 4-H mom - Our clubs often follow the school year calendar and take the summers off after showcasing what they have learned at county _ and state fair.We are excited to see our members projects at the Grays Harbor County �� • Fair;July 31 -August 3,and at the WA State Fair August 30-September 22.Heather ; D'ran 4-H empowers youthto reach their full CoordinatorF potential, • and learning in a• I 1 � i --- r Alicorn Adventurers 4-H Club learned about horse care at Sunrise Stables this spring.The Cloverbud members enrolled in the"Horseless Horse"project were able to gain hands on experience with what it is like to care for horses. - ley' '" � � , •':�� ' y/ •- � tl IWi � • .yam Youth members from the Barn Bums and Stirrin' Up Dust 4-H clubs participated in Spring Fair to show their rabbits and poultry.They gained valuable hands on experience showing their animals and even won some ribbons and prizes. A new project in Mason County is gaining lots of excitement with z clubs now offering the pigeon project! "I PLEDGE my HEAD to clearer thinking, my HEART to greater WSU EXTENSION loyalty, my HANDS to larger service and my HEALTH to better V I Mason County living for my club, my community, my country and my world." FAMILY ROBOTICS NIGHTS In May,our volunteers finished their year of mentoring youth in robotics at the Shelton Timberland Library.This partnership enabled us to reach more youth this year than ever before, by offering a convenient location and both an afternoon and evening option.To continue the STEM learning this summer,4-H has shared 6 robotics kits that youth can explore at their own pace during library hours.Thank you to Steve Buettler at the Shelton Timberland Library for championing this program and supporting 4-H this year. CLOVER KIDS Youth in our community had fun joining our 4-H Clover Kids volunteers for several new spring crafts.We were excited to meet many new families and hear wonderful feedback that we are meeting our program goals this year. 7 have never seen my son work this independently on a project and ask a new adult for help before looking to me!" 'Today/had a student bring me a flowerpot they painted with a beautiful flower in it. They were so excited to tell me that they made it themselves at 4-H." Clover kids will continue this summer with seasonally MA,�a themed activities and crafts.This free community outreach program is designed to give families a fun 4-H - HEne experience while providing educational and unique hands-on opportunities. Both enrolled 4-H members and community youth are welcome to participate.The goal is to help kids spark their inner passions, interests, and talents, helping them to discover their best self! Thanks to the United Way of Mason County for making Clover Kids possible with your generous contribution to our program. This year the 4-H partnership with the Shelton Timberland Library resulted in a 38 o increase in youth participation in our free programs. We will continue to y. create additional access to 4-H program curriculum for our community on topics such as STEM/Robotics, technology and creative arts through this partnership. 4-H CAMP TEEN LEADERSHIP _ With 2 months until camp,our teen leaders have had the opportunity to complete up to 47 hours of training +� focused on leadership,youth development,emergency - — _ - response,CPR, positive youth development, behavior management and more.To be selected counselors complete an application,attend at least one overnight training session,complete 32 training hours and -�� participate in an interview.We are excited for the 38 teen leaders who completed this process and have one ,, � y , ✓ more training before camp begins in july. Summer camp is already over half full with youth /J campers and is now open to all youth in Mason and Grays Harbor counties who wish to join us for this week long outdoor adventure. lot to REGIONAL WORKSHOPS In partnership with Grays Harbor County 4-H,community members&4-H families ,;"'�are invited to join free specialty workshops/clinics aimed at providing hands on ,.� VAM learning in a focused area.These clinics are open to youth who are currently in the projector thinking about joining something new.This spring our talented volunteers shared their expertise in: horse gaming and performance,dog care and training, +r public presentation skills, rabbit care and poultry. aft • MasonState VT. S 1 WSU EXTENSION Spring Report 2024 Niillll Grams �� o BY THE NUMBERS 2023/2024 --- protein Indirect contacts through on-line learning and resource sharing: • Schools: 3,573 y • Adults: (CSO, Food Bank, Shelton Farmers Market) SNAP- Ed Nutrition 15,066 Supplemental • Assistance Program Direct contacts and impacts: SHELTON FARMERS MARKET • 46 youth engaged in Shelton Farmers Market welcomes David Ellis as the new STEM activities in the market manager for this year's season! Opening Day for school garden, the 2024 season was held Saturday, May 4th, and sported putting into practice cold, breezy rain showers as patrons made their way what they were ["Adeopfed He Pei the market. There were plenty of hand-crafted learning about items, baked goods, eggs, assorted vegetable plant starts, horticulture, yki mushrooms, leafy spring greens, and baby chicks for sale. nutrition, and Shoppers using their SNAP EBT for eligible food purchases were receiving up to a environmental maximum of $25 in SNAP Market Match that could be spent on fresh fruits and sustainability. vegetables, cut herbs, mushrooms, and edible plant starts and seeds. Also • 78 third grade accepted at the market is WIC Fruit and Vegetable Benefits (CVB) which can students completed a similarly be used to purchase fresh produce and edible plants and seeds. six-week series of SNAP-Ed provided a variety of materials to help promote nutrition lessons, these food access programs available at Shelton Farmers WIC Fruit& Vegetable Benefits learning about the Market, as well as aid shoppers and vendors in understanding "VCOME 11C 00 importance of eating how to utilize them. As the season progresses, SNAP-Ed will 4 F nourishing foods and be on-hand at the market to answer shoppers' questions exploring healthy about the food access programs, as well as share nutrition recipes they can information, preparation and storage tips for fresh produce, make at home. and recipes. Pamela Bish "'Working with limited resource individuals, families, and Ext. 694 Coordinator communities to promote healthy eating on a budget, active living, pllyons@wsu.edu and access to healthy food in Mason County." Direct contacts and SHELTON HIGH SCHOOL - CULINARY ARTS impacts: AND HARVEST THE MONTH • 96 youth were involved in culinary SNAP-Ed staff again provided expertise and sustainability support Shelton High g to Shelton High Culinary Arts' Harvest of the Month Program, participatory H:u•� \l(mth research projects, Featured New&Improved where students are engaged in youth-led participatory research Recipe: Black Bean Salsa projects to develop scratch made standardized recipes that not developing scratch made recipes only are nutritious but win over students'taste buds. Students well-liked by teen oversee the development,testing,documentation,and marketing peers and meeting - of new recipes as independent learning projects,culminating in Smart Snacks preparing district new product proposals for their successful nutrition standards. recipes. So far nine items have received district approval and are in regular rotation being prepared by culinary students and sold at the student store. • 6 Advanced Level III Popular entrees include chicken Caesar spinach wraps,chili with cornbread, breakfast Culinary students burritos, seasonal whole-grain baked goods,and grilled teriyaki chicken rice bowls. Two begin new new proposals for development consideration are black bean veggie burgers and jicama internships preparing salad. Harvest of the Month recipes in the SHS Efforts to expand the reach of the Harvest of the Month (HOTM) program into SHS's main cafeteria kitchen thus cafeteria has succeeded with the establishment of district-approved student internships in expanding healthy the SUB kitchen. Advanced Level III Culinary students can now participate in 4-week lunch options internships where they work alongside district food r, available to all service employees and gain hands on work experience. students. Student interns are responsible for preparing scratch made HOTM recipes that were developed in collaboration r with WSU SNAP-Ed for daily lunch service. This will QUOTE provide all students campus-wide with peer-reviewed healthier options. During the week of May 6-10, interns `%wanted to thank you made fresh black bean salsa to accompany the taco salads l for working with our 3rd on the high school lunch menu. graders. It's really important they learn to `OurAdvanced Level///Culinary students can now gain hands-on experience in eat healthy and it ties in the food service industry by serving 4-week internships working alongside with what they're kitchen employees in the SUB. They will be preparing scratch made Harvest of learning in the garden. the Month recipes that were developed in collaboration with WSU SNAP-Ed that The classes have been meet the national child nutrition guidelines. Student interns Will start by wonderful!" -- preparing black bean salsa that will be served with the taco sa/ad on the lunch Melissa Kerrigan, Pioneer menu."-Janet Toney, SHS CTE Department Leader - Family & School District Garden Para Consumer Sciences Teacher WSU EXTENSION "Making the healthy choice K? s4j Mason County the easy choice." SNAP-Ed �- ` PIONEER SCHOOL GARDEN Lots of learning about healthy eating and growing food has been sprouting this spring at Pioneer School District. The school garden and greenhouse located behind the elementary has been buzzing with kindergarten through 8th grade students engaged in hands-on horticulture activities,tending their gardens,and growing produce for the cafeteria. In early May,elementary students harvested arugula, lettuce, spinach,and radishes which were processed and placed on the lunch salad bar for students to enjoy eating what they had grown. As part of the middle school STEM program, 7th graders have been conducting Pioneer student carefully research on mason bees and pollinator-attracting plants in the garden. Meanwhile, 6th-8th firming potting mix around grade students in the elective Garden to Table class are cultivating assorted leafy greens, a transplanted tomato onions,garlic,and herbs, and transforming their harvests into tasty scratch made dishes. seedling. SNAP-Ed joined 3rd, 4th,and 5th grade classes during their STEM in AL � � ;� '•{j 4 the garden sessions with Pioneer School District Garden Para ?( ' ''� Melissa Kerrigan. In the greenhouse, students were tasked with '� filling compostable paper pots they had made from recycled ` ""R newspaper with potting mix, and carefully transplanted tomato and pepper plant seedlings they had previously started in seed i W. 4 � iR-*�!=' trays. Many of the tomato and pepper plants being cultivated will be given away to families to grow vegetables at home during the - ~'� Pioneer Community Games&Garden Night. Next, students . moved lettuce seedlings from the greenhouse and transplanted them into outdoor garden beds. They also took a tour of the Pioneer Middle School's Students'transplanted garden, making observations on how the various herbs and Garden to Table Class tomatoes growing in the mixed greens garden vegetables were growing, performed some weeding,and sampled bed. Pioneer School Garden greenhouse, awaiting the tiny tastes of chives. Night plant giveaway. SNAP-Ed also taught a six-week series of MyP/ate in Practice nutrition lessons with Pioneer's 3rd grade classes. The students enjoyed learning about My Plate five food groups,the importance of eating a variety of colorful fruits and vegetables, and choosing healthy snacks. Of course,their favorite part of each lesson was the"Adventure Bite"where they sampled simple recipes that they could make at home.These included hummus and yogurt dip paired with assorted vegetables, black bean salsa,"plant parts"garden salad, and sunshine smoothies-all highlighting fruits and vegetables the kids are growing in the garden. t; a t Pioneer School District's Community Games&Garden Night will be held May 30th. SNAP-Ed Greenhouse lettuce seedlings being will be joining, hosting a family resource table where community members can learn more transplanted to outdoor about food access programs and healthy eating tips. SNAP-Ed will also be sharing recipes, garden bed. cookbooks,and gardening tips to go with the students'vegetable plant starts giveaway. healthyWSU EXTENSION "Making the , Mason County choice the easy 933= Ainiv ' ��­-Washin ton State VT S1 WSU EXTENSION Spring Report 2024 Mason County NIIIIIII Catalyst Park 2020 BY THE NUMBERS Master Gardeners 2024 Cultivating Plants, Peopleand Communities • 1 ,400 Facebook followers ANNUAL MASTER GARDENER PLANT SALE NEARLY SOLD OUT • 154 email newsletter The 2024 Plant Sale, subscribers hosted by the Master Gardener Foundation of • 34 active Master Mason County,was a "��� �• Gardener volunteers ' huge success'The sale opened to a crowd of 14 Master Gardener approximately 50 people Interns waiting at 9AM,and the crowds continued for hours until the sale was almost completely sold out.This sale is the largest fundraiser to support the Mason County WSU Master Gardener Program's educational efforts,and it would not be possible without the incredibly hard work of our volunteers and the support of Lynch Creek Farms,who not only generously donates their warehouse space for the sale each year, but also donated dahlias this year. a;. s We were also able to add significantly more educational booths this year for customers, including the American Rhododendron Society,free soil testing for lead and arsenic with the WSU Extension resources Washington State Department of Health,the Mason Conservation District,the Mason County at plant sale Noxious Weed Program,and WSU Extension resources. GardenerTessa Halloran _r Engaging university-trained volunteers to empower and, Master •• • • diverse communities NEW COMMUNITY OUTREACH FOR HOODSPORT �� M�so�YCounty Three of our WSU Master Gardeners have started a new outreach program in WSU Mason County blaster Cardlenrer Program and Hoodsport to increase our program's reach within Mason County. In partnership HoodsportTimberland Library Present with the Hoodsport Timberland Library, "Gardeners' Gathering"will offer Ga�dengrs' Cathpt- resources and 15-minute presentations on seasonally relevant topics from April through August, in addition to answering other home-gardening questions. On ApriI24-10-QGarr,-Ncon ContainergrRased eeds;in- May 22nd, the focus will be on soils, composting, and fertilizing; this will be Cmund planting followed by vegetables and small fruits on June 26th, and Firewise landscaping on May 22-1680am-Noon sulWcompcsting/Fertilaing July 24th, all from 1 OAM-12PM. Vune263-10--C4am-Ncon Vegetables;;mall FnAitB CATALYST PARK COMMUNITY GARDEN WORKSHOPS 3uly21-10:-00am-Noon Fire'Wise Landscaping Members of the Catalyst Park Community Garden have been able to access free Aug 28-1_30pm- 3opm monthly workshops included in their community garden bed fee for years, but Carden Cleanup lack of covered teaching space and supplies has limited the Master Gardeners' L.c.nlom HooASCbrt-Mm ter t r4 L,Drjn• ability to increase the number of workshops and include members of the public. 40 N Scra*IWLVe rnil Ad Gort,'ArA Thanks to a generous `Community Health Activities' grant from Mason County Public Health & Human Services, the Master Gardeners have been able to start Cho_k u[tfN ■ y ■ VkGIJ pyritCIir,r_ fi�i�• ,'� hosting monthly workshops open to the public, where each recipient receives a here! 'r , �L• free take-home kit related to the days topic. LIBRARY These workshops started in March and will continue through September, covering everything from irrigation systems for water conservation to seed saving. So far, the workshops have brought in over 20 participants! SHORECREST COMMUNITY GARDEN GETS NEW IRRIGATION SYSTEM ... . . �: .,.r, The Connie West Community Garden at Shorecrest received a `� V ■r new water- conserving drip irrigation system this spring, i h thanks to generous funds from the Shorecrest Beach Club HOA, the Shorecrest Estates Water Company, and a private donation.This new system will ensure that crops are more _ _ effectively and reliably watered, making it easier for community gardeners to .. - finished olla. maintain their space.A huge thank you to WSU Master Gardeners Amelia Savinova and Karla Powell for working with community members to design and install this system so that it can be up and running for the dry season. GardenerI Master Office WSU EXTENSION Every / • • i Mason County E-mail: masonmastergardeneregmail.com • State VT- S 1 WSU EXTENSION Spring Report 2024 Mason County .. 14 BY THE NUMBERS =Ag t'l aft - 2024 • 264lnstagram followers • 185 Facebook followers Small Farms • 126 contacts Supporting Local Agriculture and Natural Resources 105 email newsletter subscribers COMMUNITY MONITORING EFFORT FOR INVASIVE EUROPEAN GREEN CRAB The European green crab(Carcinus maenas) HIGHLIGHTS has invaded intertidal zones around the globe and poses a threat to our ecological, Over the last year, 31 economic,and cultural resources across F� Mason County Washington State.They feed on clams, ; residents completed mussels,and other native shellfish and their training to participate in digging can destroy eelgrass beds,which the Molt Search provide valuable habitat for many creatures °` s program and will be including salmon. assisting Washington State agencies with early Last year,Washington Sea Grant and WSU Extension began collaborating on an outreach program-Molt Search-that trains monitoring efforts to volunteers to help detect and report the presence of European green crab molts along inland detect the presence shorelines so that management efforts can be directed to new areas as needed. invasive European greee n crab. The Small Farms Program Coordinator held her first Molt Search workshop in May of 2023 in Shelton and just completed a second workshop on May 8th in Belfair, hosted in collaboration with the Hood Canal Salmon Enhancement Group,that 10 community members attended. HalloranTessa •rking with Mason County • • fosterSmall Farms Coordinator profitable family farms, • and water 682 _ r � NATIVE PLANT PRESENTATIONS FOR SHELTON HIGH SCHOOL On March 4th, the Small Farms Program Coordinator gave a presentation to four classes of Shelton High School Students on `Native Fruits of the Pacific Northwest.' Students learned about cultural ecosystems, how to identify many of our common fruit-producing trees and shrubs and distinguish them from l invasive species, and the significant impact that many of our native perennial fruits and their relatives have had on our local and global food system. ;_ rY 95 high school students in Shelton learned about the importance of caring for our native plant species and increased their drawingElderberry Branch and understanding of the role they have in stewarding our ecosystems. Himalayan Blackberry BEGINNER BEEKEEPING WORKSHOP Our Beginner Beekeeping Workshop, hosted on March 14th, attracted a wide variety of community members interested in " becoming beekeepers, either as a hobby or as a potential business. Speakers Denise Shupbach from Wynoochee Valley Winery and Taylor Sample from Panhandle Lake Camp shared _ H;�eeody their passion and expertise about the true requirements of becoming a beekeeper. Participants were walked through the function of each member of the hive, needed equipment, �� u weekly and annual maintenance requirements, and the harvest process. NEW MASON COUNTY `FARM FRESH' GUIDE THIS MAY There will be a new and improved version of the Mason County`Farm Fresh' Guide available to community members this May; copies will be available via the WSU Extension office and at various organizations in Mason County. In addition to this new guide, the Small Farms Program Coordinator is continuing to work with the team at Eat Local First to develop a plan for transitioning the `Farm Fresh' Guide to an online format and providing technical assistance for farmers. Working •n County communityto fosterWSU EXTENSION • • • and water Mason • stewardship, • access to healthy food. r i5 t1 cot" Q•5� ST BY THE Noxious Weed Program NUMBERS 2024Mason County Noxious Weed Control Board • 156.58Acres NEW NOXIOUS WEED PROGRAM COORDINATOR surveyed Hello! I am Heidi Steinbach,the new • 24.45 Infested Acres Program Coordinator for Mason County Treated Noxious Weeds. I am originally from Olalla,Washington and moved to Olympia • 7 Landowners in 2011 to attend The Evergreen State Assisted with Control _ College. I have worked as a botany teaching and laboratory assistant at The • 20 Weed wrench Evergreen State College,a wetland rentals monitoring intern with Washington State " Department of Transportation, Noxious Weed Control Assistant with Mason n ' ' " • .r. y" 1 County and Noxious Weed Specialist with Thurston County Public Works. *• e I am excited to serve the residents of y''Y'� • �N K 4 ` Mason County in this role! Please reach out for assistance with plant identification, weed control or to report noxious weed infestations. I can be reached by phone: (360)427-9670 ext. 592 or email: hsteinbach@masoncountywa.gov. I look forward 1� to hearing from you! Heidi Steinbach Responsible for identifying noxious weeds that are Coordinator Ext. 592 Impacting our county resources,including agriculture, weeds@masoncountywa.govforestry,fisheries, .andnative . • CURRENT NOXIOUS WEED CONTROL PROJECTS The sunny weather has given us a beautiful start to the field season!This spring we have been focused on work outlined in our current funding agreements with Washington State Parks and Washington State Noxious Weed Control Board. In March we visited Lake Isabella State Park and manually removed spurge laurel and completed surveys for other regulated noxious weeds. In April we heavily focused on perennial pepperweed survey and control along the Hood Canal. Perennial pepperweed control work is being funded by the Washington State Noxious Weed Control Board. In May we completed initial herbicide treatments to control meadow knapweed and tansy ragwort at Lake Isabella State Park. Perennial Pepperweed at Noxious weed surveys and treatments will take place at State Parks in Mason County Rendsland Creek throughout the year through the current interagency agreement.These partnerships are Below, remove removel of Perennial crucial and help facilitate noxious weed control activities in Mason County. Pepperweed We have also completed manual removal of spurge laurel on private and county-owned properties. Staff met with City of Shelton staff in April to educate their crew about shiny geranium identification and control. Currently, we have surveyed 756.58acres for noxious weeds and controlled 24.45 infested acres. SPOTLIGHT ON WEEDS IN OUR MONTHLY NEWSLETTER Mason County Noxious Weeds has a monthly newsletter that we produce with the Small Farms Program. You can sign up to receive the full monthly newsletter on the Mason County WSU Extension website http://eepurl.com/io40QE. In each newsletter, we highlight a"Noxious Weed of the Month".These short articles are a great way to educate the community about identification and impacts of priority noxious weeds.Through this outreach,we can empower Mason County citizens to identify and report noxious weed infestations. rV-,�;- In March we covered spurge laurel. This noxious weed is a toxic shrub that is spreading in our area. It I _ has waxy, evergreen leaves and grows to about 5 -� "' ' feet tall.The yellow-green flowers have four petals and grow in small clusters near the tops of the AWN- p stems. All parts of the plant are toxic, and the sap can cause skin irritation.Wear gloves when pulling! -mmAw Responsible for identifying noxious weeds that are impacting our county resources,including •restry�fisheries,recreation and native habitats. r Continued from previous page... In April we focused on shiny geranium.This weed is spreading fast in Western Washington! Shiny geranium is an herbaceous, annual weed that grows about one foot tall. It has shiny, smooth leaves with 5-7 lobes. The stems are hairless and range in color from green to "1 r bright red.The small flowers are light to dark pink, with five petals. i` Do not mow or weed whack the area,as this will spread the plants. Contact Noxious Weed Program Coordinator, Heidi Steinbach for more information on identification and control of noxious weeds, or to receive full copies of the March or April newsletter. EDUCATION AND OUTREACH On May 4, 2024, we had a display at Mason County Master Gardener plant _Ip t - sale.We spoke to over 40 people about noxious weeds and provided free -1 1` - L fr,L booklets and resources to community members.We also distributed seed ' 2 r' packs with native wildflower species.This encourages citizens to plant native _ species and support pollinators! Native plant seed packs are made available at 1 , Jul, our office and community events. Please reach out if you are interested in having noxious weed education at one of your events! WORK ON THE HORIZON We are getting ready for a busy field season and will soon be hiring a Noxious Weed Specialist to _^ AIM help with survey and control work. Late spring and -�//A FRIENDLY SEED POLLINATOR ;1'j l,( early summer work will primarily be focused on �--�. MIXES giant hogweed, poison hemlock, tansy ragwort "�y�,. �# and kna weed survey and control on private and - � � 0 Spread some seeds and feed the bees! p Y p I. Bee-U-tify seed packets available for public lands.We will also be #�, ® 3,.� pickup at the WSU Extension Office. starting work in the Olympic ►� National Forest and continuing work with Washington State Parks = Contact Mason Countv Noxious Weed Control: at Lake Isabella, Potlatch, and 360142 S.11.V., ff—I-0E 50 or 41h S,Sh.11—WA 985 9858 gw. Belfair State Park. NOxiouS WEEDS DAMAGE Seed packets available at the Mason County 0—PRESOURCES WSU Extension office,303 N 4th Street, building#4 includingResponsible for idenbfying noxious weeds that are unpacting our county resources, agriculture, • recreation C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Steve Duenkel Ext.468 Department: Auditor's Office Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 Agenda Date: June 18,2024 Internal Review: ❑X Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑X Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Auditor's Office FY 2024 Information Security Grant Funding Background/Executive Summary: The Office of the Secretary of State is making available funds for Information Security improvements to our elections system. For FY 2024,the Auditor's Office will be seeking an additional$22,500 for the following: • Tabulation Room Revisions: this work will entail replacement of the false ceiling in the tabulation room with a solid,dry-wall ceiling. • HVAC Revisions:this work will entail installing a separate air conditioning system for the tabulation room to maintain room temperature for employees and the Voting System Machine servers. Budget Impact: OSOS Approved FY 2024 Information Security Grant expenditures will be re-imbursed by the OSOS. ($55,000 of the$80,000 spent to date for this fiscal year.) Public Outreach N/A Requested Action: Request the Board approval for the tabulation room modifications. Work to be completed by 6/30/2024. NOTE:Acceptance of OSOS IS Grant Funds requires continued installation of an active Albert Sensor on the County network for monitoring by the Election Infrastructure Information Sharing&Analysis Center(EI- ISAC),a non-profit, 3rd party entity. Attachments Information Security Fund Project Worksheet W A S H I N G T O N SECRETARY OF STATE Steve Hobbs Office of the Secretary of State Information Security Funds Project Worksheet Date 5/30/24 Name of County Mason Contact Number County Point of Contact Election Administrator Marie Stevenson General Description of Work Provide a general overview of the work or service the county would secure with the funding. Part 3-These items are aimed at improving/enhancing election system security with increasing the physical security of the ballot tabulation room. This was a suggestion informally discussed in the last OSOS review of Mason County Elections processes. Objective of the Project Provide a description of how the work or service would protect your election systems. The objective of this project is replace the false ceiling in the tabulation room with a solid ceiling (over-laid with Faraday cloth) and installing a stand-alone air-conditioning system to keep Voting System Machine servers and equipment cool. Timeline, Deliverables, and Milestones Provide a ti meline for the project,as well as specific deliverables and milestones that are quantifiable/measurable. Ceiling replacement to be completed by June 30,2024. Air conditioning system to be installed by June 30,2024. Estimated Project Costs Descriptions of Goods/Services Quantity Unit Price Cost Tabulation Room Ceiling Replacement 1 $2,500.00 $2,500.00 Self-contained Air Conditioning System 1 $20,000.00 $20,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Cost $22,500.00 Title Signature Prepared by Steve Duenkel Auditor Approved By Steve Duenkel Auditor (County) Approved By (OSOS) Submit to OSOS 9. soN co�� Mason County Community Development Briefing June 10, 2024 Briefing Items North Mason Fire Rescue Authority& Kitsap County MOU—Randy Collins C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Randy Collins,Fire Marshal Ext. 309 Department: Community Development Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 Agenda Date: June 18,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X 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• Memorandum of Understanding with North Mason Fire Rescue Authority and Kitsap County Fire Marshal's Office to Adopt Burn Regulations Background/Executive Summary: For many years the North Mason Fire Rescue Authority(NMFRA)unofficially served the area in Kitsap County known as the"Tri Lakes"area for emergency response. This was done due to their fire stations being much closer than those of the South Kitsap County Fire whose district included the Tri Lakes.On May 1 of 2011,the NMRFA(then Mason County Fire District 2)formally merged the area(referred to as a Partial Merger Area in the authorizing Resolution)into their fire district.While benefiting the residents of the area,it did create a dichotomy in the burn regulations for NMFRA with the Partial Merger Area required to follow those of Kitsap County while the rest of their district following those of Mason County. The result would often create confusion regarding which burn regulations were to be followed when NMFRA staff responded to burn complaints and smoke investigation calls. In an effort to bring consistency to this matter,the NMRFA asked the Mason County Fire Marshal's office if the burn regulations for this area could be changed to mirror those in place throughout the rest of their district(as found in Chapter 9.48 of the MCC).After Kitsap County expressed their willingness to enter into such an agreement,the enclosed Memorandum of Understanding was drafted and approved by all parties including the County Prosecutor. Budget Impact(amount, funding source,budget amendment): No budget impact is anticipated Public Outreach (news release,community meeting, etc.): Once this item has been approved,NMFRA will notify the Tri Lakes residents of the change in burn regulations. Requested Action: Approval of the Memorandum of Understanding(MOU)with North Mason Fire Rescue Authority and Kitsap County Fire Marshal's Office to Adopt Burn Regulations as found in Mason County Code Chapter 9.48 within the"Tri Lakes"area of Kitsap County served by the NMFRA. Attachments MOU MEMORANDUM OF UNDERSTANDING Between Mason County, the North Mason Regional Fire Authority and Kitsap County Regarding Burn Regulations in the Tri-Lakes Area 1. Purpose. This agreement is between Mason County, Kitsap County and the North Mason Regional Fire Authority (NMRFA) for the purpose of allowing those areas in the Tri-Lakes area in Kitsap County within the NMRFA's jurisdiction and identified in Exhibit "A" to follow the burn regulations of Mason County as enumerated in Chapter 9.48 of the Mason County Code. 2. Recitals. a. Whereas, the area of Kitsap County known as the "Tri Lakes" encompasses a geographic area that includes Mission Lake, Tiger Lake and Panther Lake; and b. Whereas, because of the proximity of the fire stations of Mason County Fire District 2 (MCFD2), they have long responded to reported incidents within this area; and c. Whereas, on May 1, 2011, Mason County Fire District 2 (MCFD2) merged the area known as the Tri Lakes area (also known as a "Partial Merger Area") and legally defined in EXHIBIT "A" out of South Kitsap Fire and Rescue into the MCFD2; and d. Whereas, on November 2013, the voters of MCFD2 and Mason County Fire District 8 (MCFD8) approved the formation of the North Mason Regional Fire Authority (NMRFA); and e. Whereas, the Tri Lakes area continues to be served by NMRFA for all reported incidents including those associated with burn activities; and f. Whereas, responding to burning activities in the Tri Lakes area results in the NMFRA having to follow the burn regulations of Kitsap County that are not consistent with those used throughout the majority of their District; and g. Whereas, to bring consistency throughout their District, the NMRFA has expressed interest in adopting those burn regulations enforced within Mason County in the Tri-Lakes area; and h. Whereas, both the Mason County and Kitsap County Fire Marshals have agreed adopting Mason County burn regulations as found in Chapter 9.48 of the Mason County Code Outdoor Burning Program within NMFRA district of Tri-Lakes area as described in Exhibit "A" would simplify the permitting and enforcement process and be beneficial to all parties. 3. Agreement. The parties hereto mutually agree to the following understanding: a. The regulations of Chapter 9.48 of the Mason County Code shall be used for the purpose of permitting outdoor burning activities with the exception of Land Clearing Burns as identified in Section 9.48.030 which are prohibited in Kitsap County. b. The enforcement of these regulations shall be the responsibility of Mason County and/or the NMFRA as permitted by law 4. Term. The term of this MOU shall remain in effect unless terminated by mutual consent of all parties. 1 Approved this day of 2024 APPROVED AS TO FORM: MASON COUNTY ADMINISTRATOR Tim Whitehead Mark Neary Chief, Deputy Proseuting Attorney Administrator N. MASON REGIONAL FIRE AUTHORITY KITSAP COUNTY Beau Bakken, David Lynam, Fire Chief Fire Marshal EXHIBIT A (Partial Merger Area) Beginning at the Southwest corner of Section 31, Twp. 24 N, Range 1 West; thence North 1- 1/2 miles to the west boundary dividing the south half of Section 30, Twp. 24 N, Range 1 West; thence east 2 miles, thence south '/z mile to the northeast corner of Section 32, Twp. 24 N, range 1 West; thence east '/4 mile; thence south 1 mile along a north-south line dividing the west quarter of Section 33, Twp. 24 N, Range 1 West; thence west 2-1/4 miles along the Mason County north boundary to the point of beginning. 2 MASON COUNTY iT} Public Health & Human Services Briefing June 10, 2024 Briefing Items Treatment Sales Tax (TST) contract amendments —Melissa Casey Law Enforcement Assisted Diversion (LEAD) contract expansion—Melissa Casey C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): January 29 and June 10,2024 Agenda Date: June 18,2024 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• Treatment Sales Tax Contract Amendments Background/Executive Summary: On 1/29/24,a summary of current FY24-25 TST contracts and funding amounts were briefed to the Board, noting the intent to re-align the Community RFP funding cycle(July 1 —June 30)with the County's budget cycle(January 1 —December 31).For contracts ending June 30,2024,subcontractors completed Contract Renewal Proposals to request funding and adjust the scope of work to sustain programs through December 31, 2024.Northwest Resources II SOS Program provides recovery support services and care coordination to individuals that are experiencing SUD and/or Mental Health issues and are subsequently navigating the criminal justice system,therapeutic courts, and re-entry programs; $83,827.70 was requested to sustain these services,including client rental assistance, from July 1,2024 to December 31,2024.The Housing& Behavioral Health Advisory Board reviewed proposals and recommends program sustainability be funded out of TST Reserve in addition to re-allocating unspent funds from other TST contracts. Budget Impact(amount, funding source,budget amendment): Re-allocate$75,115.39 from Crossroads Housing and$8,712.31 from TST Reserve to NWR II Public Outreach (news release,community meeting, etc.): Housing&Behavioral Health Advisory Board reviewed Contract Renewal Proposals and program outcome data;made funding recommendations based on the Board's 2024 funding priorities Requested Action: Move contract amendments to 6/18/24 Action Agenda for approval Attachments CH FY24-25 CHG.2163.TST Amendment#2 NWR II SOS 2023-2024 Amendment#2 Contract Between Mason County and Crossroads Housing Professional Services Contract#CHFY24-25.CHG.2163.TST (MC Contract #23-037) Amendment #2 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Treatment Sales Tax 2. AMENDMENT TERM: July 1, 2024 through June 30, 2025 3. TOTAL ADDITIONAL AWARD: Current Amount =Amended Amount Total New Budget $75,115.39 $75,115.39 $0 ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2024. CONTRACTOR MASON COUNTY Tany%Frazier Randy Neatherlin, Chair Executive Director Mason County Board of County Commissioners 1 Contract Between Mason County and Northwest Resources II Professional Services Contract#23-045 The Purpose of this amendment is to extend the contract term from the end date of June 30,2024 to December 31,2024 and add additional funding to maintain current programming for the next 6 months. Amendment# 2 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Treatment Sales Tax (TST) 2. AMENDMENT TERM: July 1, 2024, through Dec 31, 2024 3. TOTAL ADDITIONAL AWARD: Budget Category Current Amount Amended Amount Total New FY24 July 1, 2024, to Budget Comments December 31,2024 Staff Wages $56,160 $28,080 $84,240 1 full time (40 hour per week) case manager, $27.00 per hour Staff Benefits $16,848 $8,424 $25,272 Health/dental benefits and taxes for 1 case manager Client Supports $3,406 $1,703 $5,109 Client transportation $72,000 $36,000 $108,000 Client Rental Assistance $4,000 $2,000 $6,000 Client Incidentals Administration $15,241.40 $7,620.70 $22,862.10 Administration, supervision, rent, I.T. services, phone services and supplies) Maximum Contract Total $167,655.40 $83,827.70 $251,483.10 4. INVOICE: Reimbursable expenses and back-up documentation must be included with each invoice. Invoices are due by the 15th of each month. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. I IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of . 2024 CONTRACTOR MASON COUNTY Authorized gnature Randy Neatherlin, Chair NorthweOlesources II Mason County Board of County Commissioners 2 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 Agenda Date: June 18,2024 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• Law Enforcement Assisted Diversion(LEAD)Expansion Contract Background/Executive Summary: The Law Enforcement Diversion Program has been in effect since 2020. Currently, a LEAD contract is in place for 2023-2025;this contract would update the current budget and expand operational capabilities of the existing LEAD program that adheres to the Core Principles of LEAD as noted in SSB 5380 and Revised Code of Washington(RCW) 71.24.589. With the expansion this will allow for increased SUDP staffing, client support,and staffing support. Budget Impact(amount,funding source,budget amendment): Increase LEAD Contract by$515,000 Public Outreach (news release,community meeting, etc.): None Requested Action: Approval of the Law Enforcement Assisted Diversion(LEAD) contract expansion. Attachments Contract INTERAGEN fYo AGREEMENT HCA Contract Number: K7592 Washington State Heath Care.AuthorihLaw Enforcement Assisted Contractor Contract Number: Diversion (LEAD) THIS AGREEMENT is made by and between Washington State Health Care Authority (HCA) and Mason County, pursuant to the authority granted by Chapter 39.34 RCW. CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County Public Health and Human Services CONTRACTOR ADDRESS Street Citv State Zip Code 415 N 61h Street Shelton WA 98584 CONTRACTOR CONTRACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Haley Foelsch 360-427-9670 x704 hfoelsch(@masoncountywa.gov HCA PROGRAM HCA DIVISION/SECTION Division of Behavioral Health & Recovery (DBHR) HCA CONTRACT MANAGER NAME AND TITLE HCA CONTRACT MANAGER ADDRESS Health Care Authority Grace Burkhart, Diversion Services Program Manager 626 8th Avenue SE PO Box 2730 Olympia, WA 98504-2730 HCA CONTRACT MANAGER TELEPHONE HCA CONTRACT MANAGER E-MAIL ADDRESS (360) 725-0973 grace.burkhart(a)hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT April 19, 2024 June 30, 2025 $515,000 PURPOSE OF CONTRACT: Expand the operational capabilities of an existing LEAD Program that adheres to the Core Principles of Law Enforcement Assisted Diversion (LEAD) as noted in Substitute Senate Bill (SSB) 5380 and Revised Code of Washington (RCW) 71.24.589. The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will only be binding upon signature by both parties. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail)transmission of a signed copy of this contract shall be the same as delivery of an original. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE HCA SIGNATURE PRINTED NAME AND TITLE DATE Washington State Page 1 of 17 LEAD Services Health Care Authority HCA IAA K7592 1. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of the person's authority. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. "Contract" or "Agreement" means the entire written agreement between HCA and the contractor, including any exhibits, documents, or materials incorporated by reference. MContract and Agreement may be used interchangeably. "Contractor" means Mason County, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Agreement. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Agreement. "Data" means information disclosed, exchanged or used by Contractor in meeting requirements under this Agreement. Data may also include Confidential Information as defined in this Contract. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Information and Communication Technology" or "ICT" means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and electronic documents."Services" means all work performed or provided by Contractor pursuant to this Contract. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is included as Attachment 1. "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Agreement under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. Washington State Page 2 of 17 LEAD Services Health Care Authority HCA IAA K7592 2. STATEMENT OF WORK Contractor will furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of work set forth in Attachment 1. 3. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Contract will commence on April 19, 2024, and be completed on June 30, 2025, unless terminated sooner or extended upon written agreement between the parties. 4. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $515,000. Payment for satisfactory performance of the work will not exceed this amount unless the parties mutually agree to a higher amount. Compensation for services will be based on the following rates or in accordance with Attachment 1, Statement of Work. 5. BILLING PROCEDURE 5.1. Contractor must submit accurate invoices to the following address for all amounts to be paid by HCA via e-mail to the HCA Contract Manager for this Contract. Include the HCA Contract number in the subject line of the email. 5.2. Invoices must describe and document to HCA's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. Any single expense in the amount of$50.00 or more must be accompanied by a receipt in order to receive reimbursement. All invoices will be reviewed and must be approved by the Contract Manager or designee prior to payment. 5.3. Contractor must submit properly itemized invoices to include the following information, as applicable: A. The HCA Contract number; B. Contractor name, address, phone number; C. Description of Services; D. Date(s) of delivery; E. Net invoice price for each item; F. Applicable taxes; G. Total invoice price; and H. Payment terms and any available prompt payment discount. Washington State Page 3 of 17 LEAD Services Health Care Authority HCA IAA K7592 5.4. Contractor will return incorrect or incomplete invoices for correction and reissue. The Agreement number must appear on all invoices, bills of lading, packages, and correspondence relating to this Agreement. 5.5. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. Payment will be directly deposited in the bank account or sent to the address Contractor designated in this Agreement. 5.6. Upon expiration or termination any claims for payment for costs due and payable under this Agreement that are incurred prior to the expiration date must be submitted by Contractor within sixty (60) calendar days after the expiration date. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date ("Belated Claims"). Belated Claims will be paid at HCA's sole discretion, and any such potential payment is contingent upon the availability of funds. 6. ACCESSIBILITY 6.1. REQUIREMENTS AND STANDARDS. Each information and communication technology (ICT) product or service furnished under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and other applicable Federal and State laws and policies, including OCIO Policy 188, et seq. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other applicable Federal and State laws if it satisfies the requirements (including exceptions) specified in the regulations implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria. 6.2. DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria, including records of any testing or simulations conducted. 6.3. REMEDIATION. If the Contractor claims that its products or services satisfy the applicable requirements and standards specified in this Section and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. 6.4. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising out of failure to comply with the aforesaid requirements. Washington State Page 4 of 17 LEAD Services Health Care Authority HCA IAA K7592 8. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing and signed by an Authorized Representative of each party. 9. SUBCONTRACTING Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Agreement without obtaining HCA's prior written approval. HCA shall have no responsibility for any action of any such Subcontractors. 10. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent will not be unreasonably withheld. 11. CONTRACT MANAGEMENT The Contract Manager for each of the parties, named on the face of this Contract, will be responsible for and will be the contact person for all communications and billings regarding the performance of this Agreement. Either party must notify the other party within thirty (30) days of change of Contract Management. Changes in Contract Management shall require an amendment. 12. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 13. DISPUTES In the event that a dispute arises under this Agreement, it will be determined by a dispute board in the following manner: Each party to this Agreement will appoint one member to the dispute board. The members so appointed will jointly appoint an additional member to the dispute board. The dispute board will review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The dispute board will thereafter decide the dispute with the majority prevailing. The determination of the dispute board will be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 14. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement will be construed to conform to those laws. Washington State Page 5 of 17 LEAD Services Health Care Authority HCA IAA K7592 In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: A. Applicable Federal and State of Washington statutes and regulations; B. Attachment 1: Statement of Work; and C. Any other provisions of the agreement, including materials incorporated by reference. 15. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement will not be considered for any purpose to be employees or agents of the other party. 16. RECORDS MAINTENANCE 16.1. The parties to this Agreement will each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records will be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of these materials during this period. 16.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Washington State Page 6 of 17 LEAD Services Health Care Authority HCA IAA K7592 18. TREATMENT OF ASSETS 18.1. Ownership HCA shall retain title to all property furnished by HCA to Contractor under this contract. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to reimbursement as a direct item of cost under this contract, excluding intellectual property provided by the Contractor, shall pass to and vest in HCA upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in HCA upon (i) issuance for use of such property in the performance of this Contract, (ii) commencement of use of such property in the performance of this Contract, or(iii) reimbursement of the cost thereof by HCA, in whole or in part, whichever occurs first. 18.2. Use of Property Any property furnished to Contractor shall, unless otherwise provided herein, or approved in writing by the HCA Contract Manager, be used only for the performance of and subject to the terms of this Contract. Contractor's use of the equipment shall be subject to HCA's security, administrative and other requirements. 18.3. Damage to Property Contractor shall continuously protect and be responsible for any loss, destruction, or damage to property which results from or is caused by Contractor's acts or omissions. Contractor shall be liable to HCA for costs of repair or replacement for property or equipment that has been lost, destroyed or damaged by Contractor or Contractor's employees, agents or subcontractors. Cost of replacement shall be the current market value of the property and equipment on the date of the loss as determined by HCA. 18.4. Notice of Damage Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to protect that property from further damage. 18.5. Surrender of Property Contractor will ensure that the property will be returned to HCA in like condition to that in which it was furnished to Contractor, reasonable wear and tear excepted. Contractor shall surrender to HCA all property upon the earlier of expiration or termination of this Contract. 19. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. Washington State Page 7 of 17 LEAD Services Health Care Authority HCA IAA K7592 20. CONFIDENTIALITY Each party agrees not to divulge, publish or otherwise make known to unauthorized persons confidential information accessed under this Agreement. Contractor agrees that all materials containing confidential information received pursuant to this Agreement, including, but not limited to information derived from or containing patient records, claimant file and medical case management report information, relations with HCA's clients and its employees, and any other information which may be classified as confidential, shall not be disclosed to other persons without HCA's written consent except as may be required by law. 21. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 22. FUNDING AVAILABILITY HCA's ability to make payments is contingent on funding availability. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, HCA, at its sole discretion, may elect to terminate the Agreement, in whole or part, or to renegotiate the Agreement subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options with no notification restrictions. 23. TERMINATION Either party may terminate this Agreement upon 30-days' prior written notification to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 24. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 30 days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. Washington State Page 8 of 17 LEAD Services Health Care Authority HCA IAA K7592 26. WAIVER A failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an Authorized Representative of the party and attached to the original Agreement. 27. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 28. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. In addition, the terms of the sections titled Rights in Data, Confidentiality, Disputes and Records Maintenance shall survive the termination of this Agreement. Attachments Attachment 1: Statement of Work Washington State Page 9 of 17 LEAD Services Health Care Authority HCA IAA K7592 ATTACHMENT 1: STATEMENT OF WORK 1. Purpose Expand the operational capabilities of an existing LEAD Program that adheres to the Core Principles of LEAD as noted in Substitute Senate Bill (SSB) 5380 and Revised Code of Washington (RCW) 71.24.589. 2. Definitions 2.1 LEAD — Law Enforcement Assisted Diversion 2.2 Lead Support Bureau —An organization that provides technical support for implementation of LEAD programs with fidelity to the LEAD core principles. 2.3 PDA (Purpose.Dignity.Action) —The parent organization supporting the LEAD Support Bureau as one of multiple public advocacy programs in Washington State. Formerly known as the Public Defenders Association prior to 2013. 2.4 Recovery Navigator Program - RCW 71.24.115 outlines the scope of activities for the Recovery Navigator Program as a pre-arrest diversion program operated by the regional behavioral health administrative service organizations in Washington State. 2.5 Division of Behavioral Health and Recovery or DBHR - A Division within the Health Care Authority that provides funding, training, and technical assistance to community-based providers for prevention, intervention, treatment, and recovery support services to people in need. 2.6 Law Enforcement Assisted Diversion, LEAD or Program - A registered trademark referring to the LEAD Program developed by the Seattle King County Policy Coordinating Group. The LEAD Program is managed by the Purpose Dignity Action (PDA) and is recognized as an evidence-based practice in the Washington Medicaid Waiver Toolkit and falls under the Office of Justice Programs standards for evidence-based practices. 2.7 LEAD Support Bureau, National Support Bureau, or NSB —A project of the Purpose Dignity Action (PDA). The LEAD NSB will be providing strategic guidance and technical assistance to the pilot sites developing LEAD Programs under this Agreement, including providing guidance on implementation with a commitment to the LEAD Programs core principles. 2.8 Purpose Dignity Action or PDA—The organization that that will provide technical assistance for the LEAD site selection, implementation, and evaluation. Washington State Page 10 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 1 3. HCA Responsibilities 3.1 Provide a Contract Manager to monitor all expanded operations under the LEAD Program; and 3.2 Provide timely responses to all inquiries from the Contractor. 4. Work Expectations 5.1 Program Facilitation 5.1.1 Update the existing LEAD Program Site Evaluation Plan to incorporate the additional operational capacity available through the expansion funding, with the intent of yielding results that include but are not limited to: a. Reduction in arrests, time spent in custody, and/or recidivism for the LEAD Program participants; b. Increased access to and utilization of non-emergency community behavioral health and/or substance use services; C. Reduction in the utilization of emergency services; d. Increased resilience, stability, and well-being for LEAD Program participants; and e. Reduction in cost for the justice system in comparison to processing cases as usual through the justice system. 4.1.1. Continue providing intensive case management services. 4.1.2. Continue providing intensive case management services and ensure that any new staff hired through the expansion funding are trained on all applicable case management practices. 5.2 The Contractor's LEAD Program Manager will continue to provide logistical coordination, support, and record-keeping to the local LEAD Policy Coordinating Group (PCG) and Operational Workgroup (OWG), and will incorporate additional reporting related to the expanded operational capacity created through this expansion as required. 5.3 Maintain employees and/or contract clinical support positions, to include, but not limited to the following: 5.3.1 Outreach Coordinator; 5.3.2 Clinical Supervisor, and 5.3.3 Case Manager. 5.4 Provide referrals to local community agencies for intensive case management services, including but not limited to the following: 5.4.1 Substance use; Washington State Page 11 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 1 5.4.2 Mental health, and 5.4.3 Behavioral health assessment and treatment. 5. Vehicle Lease. Contractor shall enter into a lease for a vehicle for use in facilitating this contract, under the following criteria: 5.5 HCA and Contractor determined that the vehicle cost was determined based on current rates for an existing lease or starting a new lease, estimated mileage, gas, insurance, etc. 5.6 The vehicle will only by staff with a valid driver's license. 5.7 Contractor shall provide automobile insurance. 5.7.1 The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. 5.7.2 Contractor must provide insurance coverage that is maintained in full force and effect during the term of this Contract. 5.7.3 In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned, hired, or non-owned by the Contractor, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. 5.7.4 The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. If HCA determines that this amount of insurance is not appropriate, HCA will work with Contractor to address the changes needed and assess impacts, risks, and next steps. 5.8 HCA Contract Manager to approve lease prior to execution, and Contractor shall provide HCA Contract Manager with a copy of the executed lease. If lease was executed prior to Contract's execution date, Contractor shall provide HCA Contract Manager with a copy of the executed lease. 5.9 Contractor shall notify HCA Contract Manager if lease is terminated early for any reason. 5.10 At HCA's sole discretion, HCA may recover pro-rated share of this Contract's lease should the lease be terminated early. Washington State Page 12 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 1 6. Deliverables Table 6.1 Contractor will provide reports in accordance with Attachments, due dates and rates in the table below. 6.1.1 HCA Contract Manager will provide templates to Contractor within ten (10) business days after Contract execution. 6.1.2 HCA Contract Manager will provide updated templates, as needed. 6.1.3 Contractor will use the current template and format to fulfill reporting deliverables. 6.2 Contractor will transmit all reports via the Wa-Tech Managed File Transfer (MFT) portal. 6.3 Table # Description Rate Due Date Amount SFY2024 1 Budget and $60,000 per plan Thirty (30) days after Contract $60,000 Staffing Plan x 1 plan execution (Attachment 2) 2 Narrative Report $50,000 per report $50,000 (Attachment 3) x 1 report Subtotal SFY2024 Expenses $110,000 SFY2025 1 Monthly $12,000 per month July 2024-May 2025: 15' of $144,000 Implementation x12 months each month, following the month Reports— Staffing of service. (Attachment 4) 2 Monthly $19,000 per month June 2025: With final invoice. $228,000 Implementation x12 months Reports— Flex Funds (Attachment 5) 3 Vehicle Lease $33,000 per packet $33,000 Documentation x 1 packet Subtotal SFY2025 Expenses $405,000 Total Maximum Compensation for deliverables completed through June 30, 2025 $515,000 Washington State Page 13 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 1 ATTACHMENT 2: BUDGET AND STAFFING PLAN 1. Purpose. 1.1. A narrative plan for budget and staffing needs and activities Contractor plans to start on or after July 1, 2024. 1.2. Restatement and/or adjustment of informal proposed plans previously submitted, adjusted to reflect plans on what the Contractor plans to do with the funding 1.3. Timeline projection of milestones, to be monitored and matched through Attachment 4, Monthly Implementation Reports — Staffing, and Attachment 5, Monthly Implementation Reports— Flex Funds. 2. Format: Word document for narrative descriptions, with use of Excel as needed to support budget spreadsheet needs. 3. Components 3.1. Demonstrating intended goals for expanding program capability. 3.2. Further outlining the need for the (2) Behavioral Health Specialist positions requested in the budget proposal and the projected impact on alleviating caseload capacity issues. Washington State Page 14 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 4 ATTACHMENT 3: NARRATIVE REPORT 1. Purpose: 1.1. Prior to June 30, 2024 - Narrative report that provides a description of the program and maps out identified needs and how they will be addressed starting July 1, 2024. 1.2. Restatement and/or adjustment of informal proposals and mission statements previously submitted, explaining why additional funds are needed and what is anticipated to be gained by this expansion. 1.3. Could include history, challenges encountered/anticipated, expansion goals, etc. 2. Format: Word document 3. Components: 3.1. Detail the hiring timeline for adding program staff. 3.2. Describe the impact of new staff on reporting and workflow management systems. Washington State Page 15 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 3 ATTACHMENT 4: MONTHLY IMPLEMENTATION REPORTS—STAFFING 1. Purpose: Track and document over time the progress made in staffing and expansion implementation. 2. Format: Word document. HCA Contract Manager will work with Contractor to create a template to provide clarification and examples. 3. Components 3.1. Narrative of participant success stories related to expansion staffing. 3.2. Narrative description of any success stories or outreach engagement activities performed by staff funded through grant expansion. 3.3. Anticipated performance report impacts to the site evaluation plan. Washington State Page 16 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 4 ATTACHMENT 5: MONTHLY IMPLEMENTATION REPORTS— FLEX FUNDS 1. Purpose: Report and document activities, highlighting expansion activities demonstrating novel successes or unique situations for use of funds to solve problems. 2. Format: Word Document. HCA Contract Manager will work with Contractor to create a template to provide clarification and examples. 3. Components 3.1. Narrative participant success stories related to use of expansion related flex funds. 3.2. Narrative description of successful outcomes from use of program flex funds. 3.3. Demonstration of any utilization requests that might be considered unique or noteworthy, to support education and training for other diversion programs. Washington State Page 17 of 17 LEAD Services Health Care Authority HCA IAA K7592 Attachment 5 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING June 10, 2024 Action Items• • Resolution for County Road Project (CRP)No. 2059 on Matlock Brady Road at milepost 1.67 to milepost 19.73 —resurfacing, widening. Striping and any other necessary safety improvements. • Memorandum of agreement between Mason County and the Washington State Department of Fish and Wildlife for the provision and maintenance of fish passage on Schoolhouse Creek under Belfair Tahuya Road. Discussion Items: • Fill the Public Works Truck Event Shelton Locations (Donated to Saint Pantry and Turning Pointe) 0 728lbs. -Food o $330 worth of toiletries o $45- Cash Belfair Location (Donated to North Mason Food Bank) 0 841lbs. -Food 0 116lbs. - Toiletries o $627- Cash Commissioner Follow-Up Items: Upcoming Items: TBD Belfair Pump Station ribbon-cutting 7/2/24 Hearing @ 9:15am for RID No. 2024-01 to improve Shetland Road. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins, PLS, PE, County Engineer Ext. 450 Department: Public Works Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10, 2024 Agenda Date: June 18, 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: County Road Project (CRP) No. 2059— Matlock Brady Road Background/Executive Summary: County Road Project(CRP) 2059 is a road improvement project from milepost 16.67 to milepost 19.73, that will consist of resurfacing the existing roadway, widening shoulders, roadway striping and any other necessary safety improvements. This project is Item No. 1 on the proposed 2025 Annual Construction Program. Budget Impact (amount, funding source,budget amendment): The preliminary estimated cost of the project is $1,098,000. The estimate for Surface Transportation Program(STP) funds is $825,000, and the remaining amount will be funded out of the Road Fund. Public Outreach (news release, community meeting, etc.): Resolutions will be published in the Shelton Journal. Requested Action: Request Board execute a resolution for County Road Project No. 2059, Matlock Brady Road and authorize the County Engineer and/or the Chair to sign all pertinent documents. Attachments: 1. Resolution 2. Project Location Map MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2059 WHEREAS,on Mason County Road No.90100,known locally as the Matlock Brady Road and more specifically located in Sec. 11,14,15,21,22,and 28,T 20 N,R 6 W,WM at approximately mile post 16.67 to mile post 19.73;work defined as"construction"in the BARS Manual,Page 11-63, et seq,is determined to be necessary and proper; and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Road Improvement Proiect: asphalt overlay,shoulder improvements,roadway striving and other necessary safety improvements. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 10,000 Right of Way $ 0 Construction $ 1,088,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this day of 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Kevin Shutty,Vice Chair McKenzie Smith,Clerk of the Board Sharon Trask,Commissioner APPROVED AS TO FORM: Tim Whitehead,Ch.DPA cc: Co.Commissioners Engineer JOURNAL: Publ. It: 06/27/2024 CRP 2059 Matlock Brady Road Improvement Project N Map data©OpenStreetMap Sta contributors,Microsoft, Facebook,Inc.and its affiliates, Esri Community Maps contributohsnWpy 14er Canal by Es,i 568 ft I �O a�a � � Matlock � Shelton r1P 16.67 I450 ft W=She G a W Decker_mille-Rd m � m i m r a r � 1 1 1 1 i 0 0.130.25 0.5 0.75 1 ,1 Miles a a 0 Mile Posts v • o. 1 Matlock Brady Road Roads by oKnight-Rd P 1 .73 * Ownership 1 r � 1 --� Green Diamond Resources Road ' r ••.� Private Road County Road 503 ft LQ i 1 Esri,NASA,NGA, USGS,FEMA,WA State Parks GIS,Esri,TomTom,Garmin, i SafeGraph,GeoTechnologies,Inc,METI/NASA,USGS, Bureau of Land % Management,EPA,NPS,US C nsus Bureau,USDA,USFWS i C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins, County Engineer Ext.450 Department: Public Works Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10 2024 Agenda Date: June 18,2024 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: Memorandum of Agreement between Mason County and the Washington State Department of Fish and Wildlife (WDFW) for the provision and maintenance of fish passage on Schoolhouse Creek Background/Executive Summary: The Schoolhouse Creek culvert under Belfair-Tahuya Road is blocked with sediment and water routinely crosses the road during the wet season. This is a safety hazard, significant maintenance cost, and a barrier to fish passage. Public Works applied for a Hydraulic permit to elevate and relocate the existing 12.5-foot diameter squash pipe culvert. WDFW determined the culvert does not meet Water Crossing Guideline criteria for no-slope culverts based on the existing bankfull widths and culvert diameter. WDFW will grant hydraulic permit approval subject to executing the attached MOA,which states that if fish passage is not achieved the County agrees to redesign and replace the water crossing. Per the MOA, a Level B Hydraulic Analysis will be conducted one year after culvert relocation to determine fish passability. If determined passable no further action is needed. If not,the County has five years to submit a new HPA for a fish-passable water crossing. Budtet Impact: The project cost to elevate and relocate the culvert is estimated at$ 60,000. A Level B Hydraulic Analysis is estimated to cost$5,000. If a new crossing is required, design and construction are estimated to cost $ 600,000 . Public Outreach: N/A cqi Mason County Agenda Request Form Requested Action: Recommend the Board of Mason County Commissioners authorize the County Engineer to execute the memorandum of agreement between Mason County and the Washington State Department of Fish and Wildlife for the provision and maintenance of fish passage on Schoolhouse Creek Attachments: 1. Agreement 2. Vicinity Map 3. Photos MEMORANDUM OF AGREEMENT BETWEEN MASON COUNTY AND THE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE For the provision and maintenance offish passage on Schoolhouse Creek This Memorandum of Agreement("Agreement")is made and entered into the DAY of MONTH,2024, between Mason County("County")and the State of Washington Department of Fish and Wildlife ("Department"). The purpose of this Agreement is to memorialize the mutual agreement between the County and the Department about the fish passability of a culvert on Schoolhouse Creek located at Belfair Tahuya Rd MP 11.51,Tahuya,Washington. The County and Department hereby agree that the following information,terms,and conditions govern the approach for addressing the Schoolhouse Creek culvert. Background The County submitted a standard Hydraulic Project Approval(HPA)application to the Department to modify the configuration of,or"reconfigure"the position of,an existing 12.5-foot diameter squash pipe culvert crossing on Schoolhouse Creek at MP 11.51 on Belfair Tahuya Road(Application ID 29042).The current culvert configuration results in excessive sediment accumulation which impacts the hydraulic conveyance capacity and frequent emergency maintenance is needed to avoid flooding impacts to Belfair Tahuya Road.Prior to applying for the current standard application(Application ID 29042),the County has been issued multiple past HPAs for emergency and maintenance dredging of accumulated sediments within the existing culvert and adjacent stream channel.Schoolhouse Creek crossing at Belfair Tahuya Road is currently covered for sediment removal maintenance activities under HPA permit 2020-6-208+01. Following WAC 220-660-190,a person must design the construction,repair,or replacement of any water crossing structure to achieve unimpeded fish passage("fish passage")defined in WAC 220-660- 030(149)as the free movement of all fish species at any mobile life stage around or through a human- mane or natural structure.During review of the standard HPA application(Application ID 29042),the Department recognized concerns regarding fish passage that may result from reconfiguring this culvert as shown in the associated plans.A WDFW fish passage assessment completed in 2001,shortly after installation of the current squash pipe culvert indicated that the culvert was passable at the time(FPDSI #15.0447 0.20).Excessive sediment accumulation from a 2021 flooding event prevents an accurate determination of fish passage at the existing culvert.While the County's reconfiguration proposal of raising the elevation of and adjusting the location adjacent to the existing location of the 12.5-foot diameter squash pipe culvert may result in short-term improvements in hydraulic conveyance and may reduce the frequency of maintenance dredging to remove excess sediment accumulations at this location,the existing culvert does not meet Water Crossing Design Guidelines criteria for installation of no-slope culverts based on the existing bankfull widths and culvert diameter.For these reasons,it is unknown whether the proposed reconfiguration of the existing culvert will result in long-term provision and maintenance of fish passage at this location. The Department,wishing to give deference to the County's use of resources,and the County, acknowledging that deference while also agreeing and committing to complying with Chapters 77.55 1 RCW(Construction Projects in State Waters)and 77.57 RCW(Fishways,Flow,and Screening),and 220- 660 WAC(Hydraulic Code Rules),enter into this Agreement to achieve fish passage at the site efficiently and economically.Put simply,the Department agrees to allow the County to reconfigure the culvert's location to the proposed project plans(Application ID 29042)and then determine if fish passage is thus achieved.If fish passage is not achieved with the first reconfiguration,the County agrees to redesign and replace the water crossing consistent with WAC 220-660-190.The requirements herein are approved by the Department based on a commitment by the County to demonstrate or achieve fish passage by September 30,I2028�and are contingent upon the reconfiguration of the existing structure.Once this [documentmented[MC1]:Within 5 years of the signed Agreement is fully executed,the standard application(ID 29042)will be removed from"hold status"and permitted. Commented[E52111]:All dates will be updated to reflect 5-year permit period. Now,therefore,the parties agree to the following terms and conditions: Terms and Conditions 1. The County will reconfigure the culvert on Schoolhouse Creek at Belfair Tahuya Rd under the HPA associated with Application ID 29042. 2. The County will then evaluate the fish passage of the reconfigured culvert installed under the HPA associated with Application ID 29042 following the Level B Hydraulic Analysis methodology as defined in the WDFW Fish Passage Inventory,Assessment,and Prioritization Manual(2019). Department staff may assist with this assessment if requested and staff time allows.The County must complete the assessment by July 31,I2025. Commented[MC3]:within 1 year of the reconfigure of 3. If the reconfigured culvert installed under the HPA permit associated with ID 29042 is found to the culvert have fish passage,the reconfigured culvert will be allowed to remain in place for the life of the Commented[E54113]:Date will be updated. culvert without further correction for fish passage. 4. If at the time of reconfiguring the existing culvert,the culvert is found to be in a deteriorated condition such that it has reached the end of its service life or if the culvert is damaged beyond repair during the site preparation work for the reconfiguration,the County must fully remove and properly dispose of the deteriorated culvert and may either: a. Replace the culvert with anew,fish-passable crossing consistent with WAC 220-660- 190.,or b. Reconfigure the crossing with a new temporary culvert to evaluate fish passage. 5. If the reconfigured existing or temporary culvert is found to not achieve fish passage,the County must design a fish-passable water crossing for Schoolhouse Creek located at Belfair Tahuya Rd MP 11.51,Tahuya,Washington,consistent with WAC 220-660-190. a. If a second,further reconfiguration of the existing or temporary culvert will achieve fish passage,the County must request a modification of the HPA associated with ID 29042 for the proposal consistent with WAC 220-660-190 by September 30,I2028. Commented[MC5]:With in s years of the signed b. If culvert replacement or another solution to achieve fish passage at this water crossing document is required,a new HPA application for the fish-passable water crossing consistent with WAC 220-660-190 must be received by the Department by September 30,2028. Commented[MC6]:Within 5 years of the signed 6. Any hydraulic project at FPDSI#15.0447 0.20 beyond those described in paragraphs 1-5 of this document Agreement will require a new and separate HPA and must comply with Chapters 77.55 RCW (Construction Projects in State Waters),77.57 RCW(Fishways,Flow,and Screening),and 220- 660 WAC(Hydraulic Code Rules). 2 7. This Agreement and performance of its terms,having been determined by the Department as conditions necessary to protect fish life and required by WAC 220-660-190,will be incorporated as conditions of the HPA permit associated with ID 29042 and subject to enforcement by the Department under RCW 77.55.410 and WAC 220-660-480.This Agreement does not waive the County's right to appeal any future enforcement action per WAC 220-660-460 and WAC 220- 660-470.Per RCW 77.55.470,the parties reserve any and all other remedies available to enforce the terms of this Agreement.The venue of any action brought under this Agreement shall be in the Superior Court for Thurston County. 8. Amendment of this Agreement may be by mutual agreement of the parties and will necessitate a modification of the HPA permit associated with ID 29042 pursuant to WAC 220-660-050(15). Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.To the extent that the County's non-compliance with this Agreement necessitates additional mitigation for the protection of fish life,as determined by the Department,this Agreement shall not prevent the Department from requiring mitigation separate and in addition to the mitigation provided in this Agreement,without amendment of this Agreement,and without terminating this Agreement. This Agreement contains all the terms and conditions agreed upon by the parties.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement is timely signed prior to completion of the proposed hydraulic work and takes effect upon signature.This Agreement will be filed in the APPS permit system in association with ID 29042.Per WAC 220-660-080(5)(f),this Agreement will remain in effect until satisfactory completion of all conditions in the Agreement and shall be enforceable in law until completion and expiration,without regard to the expiration of the HPA associated with ID 29042. Mason County By: Date: Title: Washington Department of Fish and Wildlife By: Date: Title: 3 Vicinity Map BELFAIR TAHUYA ROAD M.P. 11 .49 - SCHOOL HOUSE CREEK CULVERT r--- / �O\ f I *414 ,� � Ji�Lake I P �J rl G U rl r T I I m I W F DETAIL EXTENT �ar��a Rivet 0 w Y- Zi� NE N C-i O�e\OR ORTF1 SHORE�� — Text `Z�z L NE POKES RD 1 Hood Canal f J Wheeler Lake / Hood Canal Miles 0 0.25 0.5 1 Legend Subject Culvert County Road Private Road Stream (NHD) Unnamed Stream (NHD) - Water (NHD) Unnamed Water (NHD) Mason County Public Works Department 5/29/2024 - -_ �.. `,- - _- �..., � '-si. Q� :.tea• ZA OPF •• �, • Apr 4 Jim k qiy. W �„��+� -'SSE- i�rl �;�J � �•.'�iy�'y,,i^� �y,'F,'�_, 1 ,y �a of 0 / 1 �r�ON CO& Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator June 10, 2024 Specific Items for Review Open Space applications—Diane Zoren Teamsters Local No. 252 Appraiser's Unit Collective Bargaining Agreement(CBA) Mary Ransier American Rescue Plan Act(ARPA) contracts—Jennifer Beierle Administrator Updates Commissioner Discussion `Be Yourself'proclamation—Cmmr.Neatherlin Commissioner calendar updates C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: N Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 Agenda Date: June 18,2024 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology N Other (This is the responsibility of the requesting Department) Community Development&Assessor 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: Set a public hearing on July 16,2024 to consider the 2023 Open Space applications. Background/Executive Summary: The Open Space Taxation Act, enacted in 1970,allows property owners to have their open space, farm and agricultural,and timberlands valued at their current use rather than their highest and best use. RCW 84.34 governs this Act. Budget Impact(amount, funding source,budget amendment): None Public Outreach (news release,community meeting, etc.): Publish hearing notice at least 10 days prior to hearing and sent to individual applicants Requested Action: Place request to set the hearing on the June 18, 2024 agenda;hold the hearing on July 16,2024. July 16, 2024-Approval of the ten 2023 Open Space applications as recommended by the County Assessor and Community Development. Attachments Spreadsheet summarizing applications with recommendations and DOR info on the Current Use program. Staff Parcel Property Owner Property Address Acreage Zoning Structures Notes(describe critical areas,development rights,etc.) Recommendation Property,other than the footprint of the house,is not useable for anything(no structures Yes,with reduced 1 12220-34-90340 Douglas&Kelly Palmer 91 E Lakeland Way,Allyn,WA 98524 2 RR5 1 SFR whatsoever). waterfront frontage 2 22018-33-00000 David R.Whisnant 20 RR5 None giving up 4 devopment rights Y 3 22122-42-00000 Tracy&Sharon Nelson 1590 E Thomas Rd,Grapeview,WA 98546 20 RR5 2 SFR Two houses.Giving up 2 development rights Y 4 22317-75-90062 Philip S.VanZee 4.25 RR5 None Giving up 1 development right.No apparent critical areas Y 5 22317-75-90063 Philip S.VanZee 2.54 RR5 None Giving up 1 development right.No apparent critical areas Y 6 31930-23-90040 Casey&Molly Cerrentani 1510 W Hurley Waldrop Rd,Shelton,WA 98584 40.62 RR20 SFR/Pole Bldg Giving up 1 development right.Large wetland covering 1/2 the property Y 7 32235-75-00020 Claudiarose A Martin 5.06 None Steep slope but flat on top;stream at bottom;Giving up 1 development right Y 8 41932-12-00020 Thomas&Loraine Nelson 6191 W State Route 108,Shelton,WA 10.93 IH 10X12 Shed Giving up 2 development rights.Streams and FLD. Y 9 52112-41-50150 Ciliberti Property Skokomish LLC 701 N Sweetgrass Ln,Shelton,WA 40 Ag/RR5 None Only 9 acres are buildable.Structures in floodway are prohibited Y 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): June 10,2024 Agenda Date: June 18,2024 Internal Review: ❑ Finance ® 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• Teamsters Local 252 Appraisers Unit Collective Bargaining Agreement Background/Executive Summary: The exclusive representatives of Teamsters Local 252 Appraisers Unit have reached a tentative agreement with Mason County for the 2024-2028 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. Budget Impact(amount, funding source,budget amendment): Supplemental—funded by Ending Fund Balance Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the June 1,2024—December 31,2028 Collective Bargaining Agreement(CBA) for Mason County and Teamsters Local 252 Appraisers Unit. Attachments CBA COLLECTIVE BARGAINING AGREEMENT June 1, 2024 - December 31, 2028 BETWEEN TEAMSTERS UNION LOCAL NO. 252 Iy �a,114ER/y�O �• . O a 0 y AND MASON COUNTY APPRAISERS UNIT ��SpP Co 1854 TABLE OF CONTENTS ARTICLE1 -DEFINITIONS............................................................................................................................................. 5 ARTICLE 2-RECOGNITION...........................................................................................................................................6 2.1 RECOGNITION................................................................................................................................................... 6 2.2 NEW CLASSIFICATIONS...................................................................................................................................... 6 ARTICLE3-UNION SECURITY.....................................................................................................................................7 3.1 UNION REPRESENTATION................................................................................................................................... 7 3.2 NONDISCRIMINATION-UNION ACTIVITY.............................................................................................................. 8 ARTICLE 4-NO STRIKE/NO LOCKOUT......................................................................................................................8 4.1 NO STRIKE/No LOCKOUT................................................................................................................................. 8 ARTICLE 5-MANAGEMENT RIGHTS AND RESPONSIBILITIES.................................................................................8 5.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES..................................................................................................... 8 ARTICLE 6-UNION/EMPLOYER RELATIONS............................................................................................................9 6.1 UNION ACCESS................................................................................................................................................. J 6.2 FACILITY USE................................................................................................................................................... 9 6.3 STEWARDS....................................................................................................................................................... 9 6.4 ORIENTATION.................................................................................................................................................... 9 6.5 BULLETIN BOARDS............................................................................................................................................ 9 6.6 CONTRACT DISTRIBUTION.................................................................................................................................. J 6.7 NEGOTIATIONS RELEASE TIME..........................................................................................................................10 6.8 GRIEVANCE RELEASE TIME...............................................................................................................................10 6.9 UNION BUSINESS.............................................................................................................................................10 6.10 BARGAINING UNIT ROSTER...............................................................................................................................10 ARTICLE 7-EMPLOYMENT..........................................................................................................................................10 7.1 PROBATIONARY AND TRIAL SERVICE PERIODS....................................................................................................10 7.2 TYPES OF EMPLOYMENT...................................................................................................................................11 7.3 CONTRACTORS................................................................................................................................................1 1 7.4 STUDENTS/INTERNS........................................................................................................................................12 ARTICLE 8-HOURS OF WORK AND OVERTIME....................................................................................................-12 8.1 WORK SCHEDULES..........................................................................................................................................12 8.2 REST/MEAL BREAKS......................................................................................................................................13 8.3 OVERTIME.......................................................................................................................................................13 8.4 Comp TIME......................................................................................................................................................13 ARTICLE 9-EMPLOYMENT PRACTICES....................................................................................................................14 9.1 NONDISCRIMINATION ........................................................................................................................................14 9.2 JOB POSTING ..................................................................................................................................................14 9.3 PROMOTIONS...................................................................................................................................................15 9.4 PERSONNEL FILE/POLICIES.............................................................................................................................15 9.5 EVALUATIONS..................................................................................................................................................16 9.6 DISCIPLINE I CORRECTIVE ACTION.....................................................................................................................16 ARTICLE10-SENIORITY..............................................................................................................................................18 10.1 DEFINITIONS....................................................................................................................................................18 10.2 APPLICATION of SENIORITY..............................................................................................................................19 10.3 PROBATIONARY PERIOD...................................................................................................................................20 10.4 LOSS OF SENIORITY.........................................................................................................................................20 10.5 LAYOFFS.........................................................................................................................................................20 10.6 NOTICE...........................................................................................................................................................21 10.7 MEETING WITH UNION......................................................................................................................................21 10.8 AFFECTED GROUP...........................................................................................................................................21 10.9 VACANT POSITIONS..........................................................................................................................................22 10.10 SENIORITY LIST................................................................................................................................................22 10.11 ORDER OF LAYOFF..........................................................................................................................................22 10.12 COMPARABLE EMPLOYMENT............................................................................................................................22 Teamsters Local No.252 Appraisers and Mason County 2024-2028 Collective Bargaining Agreement Page L 10.13 LAYOFF OPTIONS............................................................................................................................................22 10.14 REDUCTION HOURS/FTE................................................................................................................................24 10.15 RECALL..........................................................................................................................................................24 10.16 VACATION&LEAVE CASH OUTS/PAY..............................................................................................................25 10.17 UNEMPLOYMENT CLAIMS..................................................................................................................................25 ARTICLE11 -WAGES ...................................................................................................................................................25 11.1 WAGE SCHEDULE............................................................................................................................................25 11.2 HIRE-IN RATES................................................................................................................................................26 ARTICLE 12-OTHER COMPENSATION......................................................................................................................26 12.1 CALL-BACK PAY..............................................................................................................................................26 12.2 WORK IN A HIGHER CLASSIFICATION..................................................................................................................26 12.3 LEAD WORKER................................................................................................................................................27 12.4 MILEAGE REIMBURSEMENT...............................................................................................................................27 12.5 LONGEVITY......................................................................................................................................................27 12.6 CLOTHING ALLOWANCE....................................................................................................................................27 ARTICLE 13 -HOLIDAYS...............................................................................................................................................27 13.1 HOLIDAYS.......................................................................................................................................................27 13.2 RELIGIOUS HOLIDAYS.......................................................................................................................................28 13.3 HOLIDAY OBSERVANCE....................................................................................................................................28 13.4 HOLIDAY ON DAY OFF......................................................................................................................................28 13.5 HOLIDAY COMPENSATION.................................................................................................................................28 ARTICLE14-VACATION..............................................................................................................................................28 14.1 VACATION ACCRUAL........................................................................................................................................28 14.2 VACATION SCHEDULING....................................................................................................................................29 14.3 VACATION PAY................................................................................................................................................30 14.4 VACATION UPON TERMINATION .........................................................................................................................30 ARTICLE15-SICK LEAVE............................................................................................................................................30 15.1 SICK LEAVE ACCRUAL......................................................................................................................................30 15.2 SICK LEAVE USAGE .........................................................................................................................................30 15.3 COORDINATION-WORKER'S COMPENSATION.....................................................................................................30 15.4 IMMEDIATE FAMILY...........................................................................................................................................31 15.5 SICK LEAVE CASH OUT....................................................................................................................................31 ARTICLE 16-LEAVES OF ABSENCE..........................................................................................................................31 16.1 IN GENERAL....................................................................................................................................................31 16.2 JURY DUTY/COURT.........................................................................................................................................32 16.3 MILITARY LEAVE..............................................................................................................................................32 16.4 BEREAVEMENT................................................................................................................................................32 16.5 MAINTENANCE OF SENIORITY............................................................................................................................32 16.6 LEAVE WITHOUT PAY.......................................................................................................................................32 16.7 FAMILY LEAVE-FMLA....................................................................................................................................32 16.8 MATERNITY DISABILITY LEAVE..........................................................................................................................33 16.9 WASHINGTON STATE PAID FAMILY&MEDICAL LEAVE COMPLIANCE....................................................................33 16.10 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE......................................................................33 ARTICLE 17-HEALTH&WELFARE............................................................................................................................33 17.1 HEALTH AND LIFE INSURANCE...........................................................................................................................33 17.2 RETIREMENT....................................................................................................................................................34 ARTICLE18-TRAINING.................................................................................................................................................35 18.1 TRAINING ........................................................................................................................................................35 18.2 TRAINING REIMBURSEMENT...............................................................................................................................35 ARTICLE 19-LABOR/MANAGEMENT COMMITTEES..............................................................................................35 19.1 PURPOSE OF COMMITTEE..................................................................................................................................35 19.2 COMPOSITION OF COMMITTEE...........................................................................................................................35 19.3 COMPENSATION...............................................................................................................................................35 Teamsters Local No.252 Appraisers and Mason County 2024-2028 Collective Bargaining Agreement "• Page 3 ARTICLE 20—HEALTH&SAFETY................................................................................................................................36 20.1 SAFE WORKPLACE...........................................................................................................................................36 20.2 HEALTH&SAFETY PLAN..................................................................................................................................36 20.3 DRUG-FREE WORKPLACE.................................................................................................................................36 20.4 WORK PLACE VIOLENCE...................................................................................................................................36 ARTICLE 21 -GRIEVANCE PROCEDURE.....................................................................................................................37 21.1 GRIEVANCE DEFINED........................................................................................................................................37 21.2 GRIEVANCE PROCEDURE..................................................................................................................................37 21.3 UNION I EMPLOYER GRIEVANCE........................................................................................................................39 21.4 SCHEDULE OF MEETINGS..................................................................................................................................39 ARTICLE 22-GENERAL PROVISIONS.........................................................................................................................39 22.1 SAVINGS CLAUSE.............................................................................................................................................39 ARTICLE23—ENTIRE AGREEMENT............................................................................................................................39 23.1 DURATION CLAUSE..........................................................................................................................................39 23.2 ENTIRE AGREEMENT........................................................................................................................................A0 SIGNATURES..................................................................................................................................................................41 APPENDIXA....................................................................................................................................................................42 Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or"Employer," and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient, and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamsters Union Local No. 252. 1.2 "Employer' shall mean the Board of Mason County Commissioners and Mason County Elected Officials as identified in the Preamble to this Agreement. 1.3 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 "Executive, Administrative, and Professional Employees" shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. 1.6 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Elected Official / Department Head or designee. 1.7 "Overtime" shall mean all Employer-required work which has been performed in excess of forty (40) hours per week. 1.8 Promotions, Transfers, and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. a. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 5 c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. 1.9 "Vacation" shall mean a scheduled work day or accumulation of scheduled work days on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.10 "Day" shall mean for the purpose of timelines associated with grievances, appeals, and policy issues, shall mean a calendar day. 1.11 "Anniversary Day of Pay" shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of your anniversary date. The actual day of pay increase shall be the 1st or the 16th of the month, depending on the date of the anniversary day (e.g. if an employee's anniversary date is on January 14, the pay increase will take effect January 1). ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Employer recognizes that the Teamster Union Local No. 252, Centralia, Washington, has the right to bargain for all full-time and regular part-time employees of the Mason County departments of the Assessor's office including Appraisers and GIS Technicians, excluding: supervisory employees, confidential employees, and employees participating in a job school program from Mason County high schools or, by mutual agreement, from any accredited college or vocational school, which shall be coordinated with the student's academic schedule, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to wages, hours, and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Departments represented or the classifications listed in Appendix A, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented or the classifications listed in Appendix A, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted/advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 6 If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and a step arrived at either by mutual agreement/negotiation or PERC ruling. ARTICLE 3— UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. Within ninety (90) days of the new employee's start date, the Union shall have a minimum of thirty (30) minutes during the employee's work hours to present information about the Union. The Union will explain that it is designated as the exclusive representative for all employees covered under this Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin, or physical, sensory, or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the fifteenth (151h) day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one (1) copy of this Agreement to each employee in the unit and each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend,or hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 7 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union, or serving on a Union committee. ARTICLE 4 - NO STRIKE/ NO LOCKOUT 4.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 5— MANAGEMENT RIGHTS AND RESPONSIBILITIES 5.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated, or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for, and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and number of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Establish work rules and rules of conduct. I. Evaluate employee performance. J. Reduce staff or reduce working hours due to a lack of work or lack of funds. K. Take all actions necessary to carry out the mission of the County in emergencies. The Parties recognizes that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. The Union recognizes the County's right to manage subject only to the terms and conditions of this Agreement. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 8 ARTICLE 6— UNION / EMPLOYER RELATIONS 6.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 6.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to between the hours of 5:00 pm to 8:00 am and 12:00 pm to 1:00 pm unless otherwise approved by the Employer. 6.3 STEWARDS The Union may designate Shop Stewards and alternates in the Appraiser's Office. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Steward shall inform their supervisor of the need to be away from their work. The Elected Official/Department Head shall grant the Steward's request unless the Steward cannot be spared at that particular time. If such is the case, then the Elected Official/Department Head shall allow the Steward time to perform their Steward duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Articles 6.8, 6.9, and 21.4. Union activities other than those provided for in this Article are to be conducted on the employee's own time. 6.4 ORIENTATION Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 6.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. The Union will limit the posting of any material on the Employers' premises to its bulletin board. 6.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 9 6.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 6.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the Grievant's supervisor, which will be granted unless the Steward or the Grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow an investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and the nature of their business. No compensation shall be provided by the Employer for such steward activities outside the employee's work shift, without express pre-authorization by the steward's Department Director or Human Resources. 6.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit) to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Stewards and/or the Officers shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer that indicate a Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 6.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Steward the name and other pertinent information regarding new hires. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the stewards as soon as the list is received, in writing, by Human Resources. ARTICLE 7— EMPLOYMENT 7.1 PROBATIONARY AND TRIAL SERVICE PERIODS All newly hired employees will serve an initial probationary period of six (6) months, with the option of an extended education probationary period, and must complete one year of field training. Continued employment will be based on the successful completion of the required education. During this period, an employee may be terminated for failure to pass the educational requirements or just cause. A probationary period may be extended by the Employer with written notice to the employee and the Union. A probationary employee does not have the right to grieve dismissal. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 10 Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work. 7.2 TYPES OF EMPLOYMENT NOTE:BENEFITS ELIGIBILITY MAY NEED REVISED PER ACA) 7.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, ongoing position. Regular Full-Time employees are eligible to receive the standard benefit package. 7.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per week but no more than forty (40) hours per week in a regularly budgeted, ongoing position. Regular Part-Time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1. 7.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment or term of the temporary employment or twenty(20) calendar days' notice from the Employer or thirty (30) calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/project may be terminated at any time for any reason, with or without notice. 7.2.4 EXTRA HELP/ON-CALL EMPLOYEES: An on-call /extra help employee works in a limited, but ongoing capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as-needed basis and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 7.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 11 Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 7.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer. Provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 8— HOURS OF WORK AND OVERTIME 8.1 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours scheduled within a seven (7) consecutive day period beginning Sunday at 12:00 am through Saturday 11:59 pm.Work hours for full-time employees covered by this Agreement shall normally be 8:00 a.m.to 5:00 p.m. unless a County Office or Department establishes an alternate work schedule as described below: a. The regular workweek shall normally consist of five (5) consecutive workdays, Monday through Friday. b. The County may modify the regular workweek to support special purposes at specified periods of time (for instance, April/October tax receipt collections, and annual property revaluations), provided employees receive at least five (5) working days' notice of the schedule change. c. The Employer may change employee work schedules with five (5) working days' notice to the employee and their Union representative. Less than five(5) working days' notice may be given if mutually agreed between the employee and the Employer. d. Hours shall be extended outside of normal business hours as necessary to allow for the uninterrupted and efficient operation of the Assessor's Office as determined by the Assessor or designee. Employees may continue to work 4-10 or 9-80's schedules, as allowed by the Assessor. a. All hours compensated over ten (10) hours in a day, or forty (40) hours in a workweek shall be paid at the rate of time and one-half(1 1/2) the regular rate. b. Any Holiday that falls on a scheduled workday of a 4-10's or 9-80's workweek shall be paid for eight (8) hours of Holiday Benefit pay. Employees shall have the opportunity to use two (2) hours vacation/accrued comp time to supplement the eight (8) hours pay. If the employee does not have accrued vacation time or comp time available, the two (2) hours shall be leave without pay. c. The rate of Sick Leave accrual and Vacation Leave accrual shall remain the same one-day accrual shall mean eight (8) hours. d. Sick Leave and Vacation Leave will be charged by the number of hours take' -n. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 12 e. If a call-out is required on a scheduled day off, it will be treated in the same manner as any Saturday call-out. As scheduled by the Supervisor, Rest Breaks and Meal Periods will remain the same. Flex Time: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and their Employer. These work schedule adjustments shall not result in the application of the overtime provisions. Alternate Work Schedule:Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Elected Official/Department Head to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5) working days' notice from the Department Head. An employee may request to work an alternate work schedule, which shall be subject to the approval of the Employer. The alternate work schedule shall not result in the application of the overtime provisions. 8.2 REST/MEAL BREAKS Employees may be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Employer. Employees are entitled to take one(1)fifteen-minute break for every four(4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday. 8.3 OVERTIME Any employee who works more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half(1 '/2)times their straight-time hourly rate for all such overtime hours worked. An employee assigned to work on a Sunday or on a Holiday, when it is not within the employee's usual work schedule, shall be compensated at a rate of two (2) times their straight-time hourly rate for all hours actually worked, in addition to any Holiday Benefit pay. All overtime must be pre- approved by the Employer. Upon a request to work beyond the regular workday or workweek, by mutual agreement, the parties may agree upon an adjusted work-week for that specific workweek, for purposes of employee convenience and to avoid overtime 8.4 COMP TIME The Employer may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the rate of one and one-half(1 '/2)times their straight-time hourly rate for all overtime hours worked. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches the eighty (80) hours maximum. Upon approval by the County, the employee may be permitted to cash out all or part of the excess comp time. For employees hired on or after January 1, 2019, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time in December. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement ? Page 13 pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. Unless there are bon-a-fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 9— EMPLOYMENT PRACTICES 9.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees based on race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental, or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 9.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than seven (7) calendar days before the position is filled. Union positions will be identified as such. Job vacancies (or newly created positions) under this Agreement shall be posted as follows: a. The posting of a vacant or new position shall begin in the department in which the position exists and shall be limited to bargaining unit employees within that department. The notice shall be posted for seven (7) calendar days. Former bargaining unit employees of the department who were laid off from another job classification and are on the recall list shall be notified of such vacancies during their recall period. These individuals may apply for internal job openings and shall be considered at the same time as active bargaining unit employees of the department. b. If a qualified candidate is not identified internally, the department head shall post the position bargaining unit-wide for seven (7) calendar days. Bargaining unit employees who were laid off and are on the recall list may apply for the position. A Department Head may elect to simultaneously post the position within their department and bargaining unit-wide for seven (7) calendar days. c. Qualified employees must apply for the posted position within the seven (7) calendar day posting period(s) described above to be considered. If a qualified candidate is not identified, the Department Head may post the position generally. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 14 d. The term "qualified" shall mean that the applicant meets the qualifications for the position as stated on the job description and, if the applicant is an employee, they shall not currently be in a sustained disciplinary process. It is the Employer's interest to fill positions with the most qualified individuals who apply. While qualified employees within the bargaining unit shall be given first consideration for a position, the Employer may consider outside applicants if two (2) or less qualified bargaining unit employees apply. 9.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: a. Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range. Employees who are reclassified, promoted, or transferred may serve a trial service period of up to three(3) months. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of their reclassification, promotion, or transfer. After thirty (30) days, if the employee is unsuccessful in the new position, the employee shall be returned to his or her previous position only if it is vacant (i.e. an offer of employment has not been extendedl. If the position is not vacant or if it has been abolished, the employee will be laid off in accordance with the Seniority article, except that the employee shall not be eligible to exercise the bumping provision. Employees on trial service shall be paid the appropriate established salary for that position and if reverted, either voluntarily or by the Employer, will return to their previous salary (including any adjustments due, e.g., salary increase, step increases, etc.). 9.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Elected Official/Department Head or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine their own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations, and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance timelines will be correspondingly extended. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 15 Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 9.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Department. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two (2) forms: 9.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually (at date of hire or a common date) thereafter. 9.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling, or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 9.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal, or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings—which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 16 All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather be acknowledgment of receipt. Employees shall have the right to review and comment on disciplinary actions in their personnel file. A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or a delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact, and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 9.6.1 That the Employer did forewarn employee of possible consequences of conduct; 9.6.2 That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 9.6.3 That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 9.6.4 That the Employer conducted its investigation objectively; 9.6.5 That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 9.6.6 That the Employer applied its rules, orders, and penalties without discrimination under the circumstances; and ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 17 9.6.7 That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 10—SENIORITY 10.1 DEFINITIONS Office/Department Seniority: the service time spent in each individual Elected Official's Office or Department within the bargaining unit. Employer/County Seniority: The total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: The total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed in or Extra Help/On-Call position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Office / Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 10.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 10.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: a. Continuous calendar-based service shall include uninterrupted employment. b. Continuous service is terminated by resignation, termination, retirement, layoff, or failure to respond to two offers of recall to former or comparable employment. 10.1.3 Layoff A layoff is identified as the anticipated and ongoing or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency, or reorganization. Reductions in force are identified by classification within the affected Office or Department. 10.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which is subject to lay-off or reduction in force and have certain rights as a result. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 18 10.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: a. Assume a vacant position - per Article 10.13.1 b. Bump - displacing a less senior employee c. Recall - accepting unemployment and the option of future recall 10.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority is defined by this Article. 10.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: (A) For the purpose of promotions and/or layoff, from within a department, seniority shall mean time spent in a job classification within the bargaining unit. (8) For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. 10.2.1 Postings/ promotions Regarding job postings, promotion, and reassignment, "qualifications" and/or"ability"will be the primary consideration, with such posting or promotion being consistent with Article 9 and this Article. Qualifications will include the minimum qualifications of education, training, and experience as set forth in the job description, as well as the job performance, ability, employment record, and contribution to the needs of the Department. 10.2.2 Layoffs Total Office / Department Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two (2) employees having the same Office / Department Seniority, bargaining unit seniority shall be determinative. In the event of two (2) employees having the same bargaining unit seniority, Employer seniority shall be determinative. 10.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence/Ability to adequately perform will be defined as the immediate, clear, and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 10.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled when there is more than one who is qualified and/or has previously performed a position. If an employee is being recalled to a new position, the employee's qualification, and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 19 10.3 PROBATIONARY PERIOD Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire including the service during the probationary period. Department seniority shall then be based on continuous service with the Department. 10.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided employees on layoff status retain the seniority, they had at time of the layoff for eighteen (18) months from the date of layoff. An employee, therefore, will lose seniority rights by and/or upon: 10.4.1 Resignation. 10.4.2 Discharge. 10.4.3 Retirement. 10.4.4 Layoff/ Recall list of more than eighteen (18) consecutive months. 10.4.5 Failure to respond to two (2) offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority shall be deemed a newly-hired employee for all purposes under this Agreement, except as provided in the following: if an employee is laid off or resigns in good standing after working at least twelve (12) consecutive months, and is thereafter re-employed within twelve (12) months (or eighteen (18) months in the event of recall), the employee will, upon successful completion of the probationary period, regain the seniority that they had as of the effective date that the employee resigned. 10.5 LAYOFFS A layoff is identified as the anticipated and ongoing or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. For the purpose of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Office/Department Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by Office or Department seniority. Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: a. They have more seniority than the employee they will bump; b. The job classification they are bumping to is paid on a salary range that is equal to or less than the salary range of their job classification; c. They previously held status in that job classification, or they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and d. They provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Teamsters Local No.252 Appraisers and Mason Count 2024—2028 Collective Bargaining Agreement `" pp Y 9 9 9 ��e 20 Layoff process: a. The Employer may reduce the workforce because of lack of work, lack of funds, or workflow reorganization. b. If a reduction in the workforce becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies). c. If normal attrition is not feasible, then the Employer shall determine which position(s) will be eliminated. The least senior employee(s) in the affected job classification(s) within the affected department shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position. 10.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 10.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the fourteen (14) day notice period to discuss the reasons and the timelines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notifies the Union of the proposed request. 10.8 AFFECTED GROUP The following procedure shall apply to any layoff: 10.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Office or Department seniority, within the affected job classification shall be selected for layoff. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Office or Department seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all the seniorities are equal, then Management shall make the final decision based on performance and job skills. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 21 10.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options. 10.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and is ineligible to select among layoff options. 10.9 VACANT POSITIONS Positions will be filled in accordance with this Article. Within the bargaining unit and the Department, affected employees, and employees on the recall list shall be given the first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 10.10 SENIORITY LIST If a layoff is announced, a current ranked seniority list including job classifications, names, job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 10.11 ORDER OF LAYOFF The least senior employee (by Department Seniority) within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra help, or temporary basis unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid-off employees have bumped. 10.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or"vacancy" shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE, and workweek are substantially similar. 10.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 10.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 22 When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available, and the employee can perform the work. Laid-off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 10.13.2 Bump Employees notified for layoff may bump other employees in their own department in lieu of being laid off, if all the following conditions are met: a. They have more seniority than the employee they will bump; b. The job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; c. They previously held status in that job classification or they are determined by the Employer to be able to immediately perform the primary duties of the position they are requesting to bump into; and d. They provide written notification to their department head of their intent to exercise their bumping right within five (5) calendar days' of receiving their layoff notice. Under no circumstances shall an employee's exercise of their bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days written notice of layoff. If this employee is eligible to bump another employee pursuant to the conditions, outlined in this subsection, then that third employee identified for layoff shall be laid off. It is understood that employees being laid off and/or recalled under this Agreement must meet the education, experience, and, if applicable, license and/or certification requirements and be able to immediately perform the primary duties of the position they are requesting to bump or be recalled into. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold)or bumping to a lower classification, having demonstrated skills and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who is bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement .:. Page 23 10.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump, or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list, and will be eligible for recall under Article 10.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have been bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The salary for non-regular positions not represented by the bargaining unit shall be determined by the Employer. 10.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump, and/or may elect to be placed on recall in accordance with Article 10.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 10.15 RECALL Any regular employee who is laid off shall have their name placed on a recall list within their department for the classification they were laid off from, for any lower classification in the same series, and for any other classification in which the employee has held regular status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from the date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off may be considered for other positions in the Assessor's office that they are deemed qualified to perform. It shall be the responsibility of each person on a recall list to keep the County informed of their current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in the County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14)calendar days after the County has mailed a certified letter (return receipt request) to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen(18) months and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which they were laid-off and refuses the offer to return, their name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification in the bargaining unit shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff), shall accrue vacation leave at the same accrual rate in effect as of the date of layoff, and the number of years of continuous county service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 24 recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose original seniority as a result of layoff for a period of up to eighteen (18) months provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 10.16 VACATION & LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 10.4.4. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 10.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 11 —WAGES 11.1 WAGE SCHEDULE Effective June 1, 2024 through December 31, 2028 each employee shall have their base wage as set forth in Appendix A and adjusted by an across the board increase as set forth below: INCREASE 6/1/2024 1 2.25% 1/1/2026 2.00% 1/1/2027 2.00% 1/1/2028 2.00% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations. Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing them in a higher range, the date of the promotion becomes the anniversary date that determines future step Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 25 increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion) for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly which shall reflect all items covered by gross pay such as sick leave, vacation time, straight time, and overtime. 11.2 HIRE-IN RATES New regular employees shall be placed consistent with current personnel rules. ARTICLE 12—OTHER COMPENSATION 12.1 CALL-BACK PAY Regular and Temporary full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (1'/2) times the regular rate. De Minimis phone contact does not constitute a callback. After working the call-out shift, the employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight-time rate. Part-time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. All employees will respond to emergency callouts unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight (8) hours off between the two (2) shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. 12.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification using the proper procedures, when those duties are not part of the employee's current job classification, for the purpose of: a. Providing work coverage during an authorized vacation period; b. Providing work coverage during an authorized sick leave; c. Providing work coverage for an authorized leave of absence; or d. Providing work coverage for a currently vacant position. Employee(s) assigned to work at least three(3), eight (8) hour days within a twenty-one(21) calendar day period, in a higher classification will receive the first step salary of the appropriate classification that provides at least a five percent (5%) increase for all time spent in that higher classification. The employee must be performing most of the essential functions of the higher classification to have that Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement pageQiRIGINAL time count toward the additional compensation. This section is not applicable to employees who are being trained to perform the work of the higher classification. 12.3 LEAD WORKER The County Department with the approval of Human Resources, may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position" as referenced in the SENIORITY article. Employees who are assigned to act as working Lead shall receive an additional 10% above their applicable rate of pay. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker will typically direct, oversee and/or organize the work of other employees. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. 12.4 MILEAGE REIMBURSEMENT All bargaining unit employees required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 12.5 LONGEVITY The County shall provide additional compensation above each eligible, regular full-time employee's base salary (or base hourly rate, if applicable)to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive pro-rated longevity benefits in proportion to the number of hours the regular part-time employee is in pay status during the month as compared to that required of full-time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11'h and continuing thru 15th ears 1.5%above base Beginning in 16'h and continuing thru 20th ears 3.0%above base Beginning in 21s'and continuing thru 25th ears 4.5%above base Beginning in 26th ear and continuing thereafter 6.0%above base 12.6 CLOTHING ALLOWANCE The County shall provide an annual clothing allowance to each bargaining unit employee in the amount of Two Hundred and Fifty dollars ($250), payable by the second payday in July. ARTICLE 13 - HOLIDAYS 13.1 HOLIDAYS The following designated annual paid Holidays shall be observed per County Policy (other than the Floaters). New Year's Day Labor Da Martin Luther King Day Veteran's Da Armistice Da Presidents' Day Thanksgiving Da Memorial Day Day After Thanksgiving* July Fourth Christmas Da Juneteenth Two 2 Floating Holidays Christmas Eve * For employees on 4-10s (Monday through Thursday), the `Day after Thanksgiving' holiday shall be observed on Wednesday, the day before Thanksgiving. Eligible full-time employees shall receive eight (8) hours of holiday benefit pay. Regular part-time employees shall be paid pro rata holidays in accordance with the number of hours regularly compensated. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 27 For any Holiday to be paid, an employee must be in paid status on the employee's scheduled workday before and the employee's scheduled work day after the Holiday. The floating holidays are to be at the discretion of the employee with the approval of the supervisor, requiring one (1) week's advance notice, which may be waived by the supervisor. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) not used by the end of the calendar year will be forfeited unless denied based on the staffing needs of the Office or Department. Except by mutual agreement, floating holidays shall be used in whole-hour increments. 13.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 13.3 HOLIDAY OBSERVANCE Holidays shall be observed per County policy; typically, when a recognized Holiday falls on a Saturday, the preceding Friday shall be considered the holiday. When a recognized Holiday falls on a Sunday, the following Monday shall be considered the holiday. For those employees on a 4/10 work schedule or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. 13.4 HOLIDAY ON DAY OFF Benefitted employees shall receive eight(8) hours' holiday benefit pay and time-off for each holiday listed. 13.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than (8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that day. If any employee is requested to work on a Holiday, the employee shall receive two (2) times their regular rate of pay, plus holiday benefit pay. No employee shall be called on a holiday for less than four(4) hours, except those personnel serving Standby Duty. ARTICLE 14—VACATION 14.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6) months' employment shall be entitled to and receive vacation leave with pay as follows: 1st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours loth through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20 or more years of employment 200 hours Regular and temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 28 compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first(1It) and the fifteenth (15th) of the month. The first day of the month following the month of hire shall be the effective date for subsequent increases in the vacation leave accrual for employees hired between the sixteenth (16th) and the last day of the month. Regular and temporary full-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave benefit when the maximum accrual has been attained. Vacation that would be denied due to workload issues that result in an employee's accrual exceeding four hundred hours, shall have those hours converted to comp time which shall be used within ninety(90) days or shall be forfeited. This Vacation provision shall be in effect until December 31, 2017. After such date, no longer available. This is to provide ample opportunity for employees to manage their workload and vacation schedule to reduce their vacation hours. Regular and temporary full-time employees must work or be in a paid status at least eighty(80) hours in a month to accrue vacation leave for the month. Regular part-time employees must work or be in a paid status at least in the same proportion to the eighty (80) hours as their regular hours are to full- time employment to accrue vacation leave for that month. Except for employees in a trial service period vacation leave accrued within the first six(6) months of employment cannot be utilized by an employee until they have completed the initial appointment probationary requirements. Whereas the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 14.2 VACATION SCHEDULING Upon completion of six (6) months continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer and provided that the leave requested does not prevent a Department or division thereof from providing efficient public service. Vacation leave approval will be granted based on the employee meeting workload requirements. All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5) or more consecutive vacation leave days they must submit a leave request at least fifteen (15) calendar days in advance of the time off requested. Failure to request leave at least fifteen (15) calendar days in advance may be cause for the denial of the requested leave. The Employer will respond to leave requests within ten (10) calendar days of receipt; except that leave requests submitted more than sixty(60)calendar days in advance of the time off requested shall be considered on a case-by-case basis. Regular and temporary full-time employees must work or be in a paid status at least eighty(80) hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 29 employees must work or be in a paid status at least in the same proportion to the eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Employees shall have the option of using comp time or vacation leave for approved paid time off. 14.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Department wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. When a holiday occurs during an employee's approved vacation leave, the day on which the holiday occurs will be charged as holiday leave rather than vacation leave. Employees cannot receive vacation, sick leave, or holiday pay simultaneously for the same days. 14.4 VACATION UPON TERMINATION When a regular full-time or regular part-time employee's employment terminates,the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. An employee whose employment with Mason County terminates within the six (6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten (10) working days written notice is not provided or waived. ARTICLE 15 - SICK LEAVE 15.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433 and/or subsequent amendments, the County and the Union mutually agree to comply with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 15.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 15.3 COORDINATION -WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act, or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that they would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 30 leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as specified above. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. b. If the employee has accumulated Sick Leave credit, the County shall pay the Sick Leave difference between their time loss compensation and their full regular salary unless the employee elects not to use their Sick Leave. c. Should an employee receive Worker's Compensation for time loss and they also receive sick leave compensation, their sick leave accrual prior to the time loss will be reduced by the total number of hours they were on sick leave minus the number of hours at full salary for which they are paid to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent overpayment to the County. e. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, the words vacation leave or comp time may be substituted for"sick leave" above. 15.4 IMMEDIATE FAMILY Authorized uses of sick leave may be utilized as referenced above in this article for immediate family, as defined in Article 1. 15.5 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to their estate. Employees hired on or after January 1, 2011, shall not be eligible (nor their estate)to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 16— LEAVES OF ABSENCE 16.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leave is to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue, nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 31 16.2 JURY DUTY/COURT An employee, who is required to serve on a jury because of official Employer duties requiring to appear before a court, legislative committee, or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 16.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all rights and privileges provided by the ACT. 16.4 BEREAVEMENT Up to three (3) days' bereavement leave may be taken in case of death in the immediate family requiring the attendance of the employee (funerals are included). Two (2) additional days of sick leave may be taken at the employee's request. For this section, immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations: wife, husband, parent, grandparent, brother, sister, child, grandchild, aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, and daughter-in-law of the employee. 16.6 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 16.6 LEAVE WITHOUT PAY As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority-related benefits, except as identified above for legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have their date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on the duration of employment and will be adjusted accordingly. General salary increases are not based upon the duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion, and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during their probationary period, the probationary period would be extended for the same duration as the leave without pay. 16.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 32 If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. 16.8 MATERNITY DISABILITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrently with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right to medical verification and the right to a second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time, consistent with the retention provision as provided in this article. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 16.9 WASHINGTON STATE PAID FAMILY&MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. 16.10 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The County and the Union mutually agree to comply with all Long-term Services and Supports Trust Program laws, per RCW 5013.04, and future amendments to the statute. ARTICLE 17 — HEALTH &WELFARE 17.1 HEALTH AND LIFE INSURANCE The County shall contribute as identified below per employee, per month, towards the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick, and comp time payouts, upon separation) or more per month. This contribution is to be applied to premiums for Washington Teamsters Welfare Trust Medical Plan B (with the $100 per week time loss option) and current County dental, vision, and life insurance plans or other carriers as designated by written notice by the bargaining unit. The County contribution for Health & Welfare Insurance shall be: a. Effective January 1, 2025, the contribution shall be increased to one thousand five hundred and seventy dollars ($1,570) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. For Teamsters 9 Month Waiver, the employer shall pay $11.40 per month. b. Effective January 1, 2026, the contribution shall be increased to one thousand six hundred and twenty-two dollars ($1,622) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. For Teamsters 9 Month Waiver, the employer shall pay $11.40 per month. c. Effective January 1, 2027, the contribution shall be increased to one thousand six Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 33 hundred and seventy-four dollars ($1,674) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. For Teamsters 9 Month Waiver, the employer shall pay $11.40 per month. d. Effective January 1, 2028, the contribution shall be increased to one thousand seven hundred and twenty-six dollars ($1,726) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. For Teamsters 9 Month Waiver, the employer shall pay $11.40 per month In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty,tax, fine, or increased costs because of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program (EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 17.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. 17.2.1 TEAMSTERS PENSION Effective June 1, 2024,the Employer agrees to pay an amount equal to sixty-five cents($.65) per hour for each hour for which compensation is paid to each employee into the Western Conference of Teamsters Pension Trust Fund on account of each member of the bargaining unit, said amounts to be computed monthly. The total amount due for each calendar month shall be paid in a lump sum not later than ten (10) days after the last business day of each month. The Employer agrees to abide by such rules as may be established by the Trustees of said Trust to facilitate the determination of the hours for which contributions are due, the prompt and orderly collection of such amounts and the accurate reporting and recording of such hours and such amounts paid on account of each member of the bargaining unit. Failure to make all payments herein provided for within the time specified shall be a breach of this Agreement. Employees may collectively elect to divert a portion of their current base wage into the Western Conference of Teamsters Pension Trust. Any monies diverted shall include, in the calculation of the diversion, all Employer roll-up costs. In the event such decision is made, the increased contribution shall be reflected in an amendment and attached to this agreement. Effective June 1, 2024, Employee elected rate for diversion shall be ($1.00) of each employee's base wage. ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 34 17.2.2 Retirees Health &Welfare Effective July 1, 2024, based upon the previous months' hours of employment, the Employer shall remit the sum required to Retiree's Welfare Trust for retiree's medical coverage for each employee covered by this agreement (via payroll deduction), who has been compensated eighty (80) man-hours (excludes vacation, sick, and comp time payouts, upon separation) or more in the preceding month. The premium payments shall be made to the Trust Office in Seattle, WA by the 10th day of each month. The full amount (100%) of premium payments and increases shall be deducted from each eligible employee via a payroll deduction. *The bargaining unit reserves the right to change plan coverage in accordance with Trust rules and after being accepted into the RWT-Plus plan by the trust.* As agreed upon by both the Employer and the Union there shall be no Employer contribution to the Medical Retiree Fund. In order to establish the Retiree Medical Trust fund, employees must vote in favor. ARTICLE 18 -TRAINING 18.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. 18.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act (FLSA) and WAC 296-128- 500. ARTICLE 19— LABOR/ MANAGEMENT COMMITTEES 19.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The above provision does not preclude and in fact, encourages the parties to also meet informally and expeditiously as-needed basis on matters of mutual concern. 19.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of two (2) representatives of the employer, including a representative from Human Resources, and a minimum of two (2) representatives appointed by the Union, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 19.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 35 ARTICLE 20— HEALTH & SAFETY 20.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthy workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall decide about safety. Upon the supervisor's review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 20.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct ongoing site-specific safety and security plans in conformance with state and federal laws. Safety Equipment; Protective Gear; Appropriate Supplies: The County may-utilize a 'quartermaster system' to supply employees with appropriate safety equipment, protective gear, and other appropriate supplies on an as-needed basis. When such time as any or all of such equipment wears out, the County shall replace such items, free of charge to the employee, so long as it can be shown that the items were no longer functional due to standard `wear and tear' and not due to the negligence or intentional misconduct by the employee to damage such equipment items. One example is that the County shall continue to provide appropriate rain gear to each employee on an as-needed basis. 20.3 DRUG-FREE WORKPLACE The Drug-Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug-free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness for Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may physically be incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager, or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time the employee will also be notified of their Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return-to-work provisions of the Employer's substance abuse policy. 20.4 WORKPLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 36 ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees, or the Union that there has been a violation, misapplication, or misinterpretation of this Agreement. Employees will be unimpeded and free from restraint, interference,coercion, discrimination, or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 21.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the employee's immediate supervisor or manager if the grievance is not related to a salary issue. The supervisor or manager may schedule a meeting with the employee and their Union representative or they may respond to the grievance when presented. In either case, the supervisor shall respond to the grievance within seven (7) calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at Step 2. However, if the incident is related to a salary issue, the employee and/or the Union Steward shall submit a written grievance at Step 2 to the Mason County Assessor within ten (10) calendar days of the incident giving rise to the grievance. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: a. The specific details of the incident or issue giving rise to the grievance; b. The Article(s) and Section(s) of the Agreement allegedly violated; and c. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Mason County Assessor within ten (10) calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Mason County Assessor (or designee) shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Mason County Assessor shall provide a written response to the Employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 37 Step 3. The written grievance shall be submitted to the Human Resources Director within ten (10) calendar days of the date of the written response at Step 2. Within ten (10) calendar days of receipt of the grievance, the Human Resources Director or designee shall schedule a meeting with the Employee, Union Steward/Union Representative, and the Mason County Assessor (or designee)to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the Employee, Union Steward/Union Representative, and Mason County Assessor within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of the Union's notice to the Employer of its intent to arbitrate. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: a. Question or questions at issue; b. Statement of facts and position of each respective party; and c. Copy of the grievance and related correspondence. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time, and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: a. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and their power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. b. The decision of the arbitrator shall be final, conclusive, and binding upon the Employer, the Union, and the employees involved, provided the decision does not involve action by the Employer which is beyond its jurisdiction. c. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross- examination. The arguments of the parties may be supported by oral comments and rebuttals. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. d. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 38 e. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. 21.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer/employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 21.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: 21.4.1 Investigate any grievance or dispute so that the same can be properly presented in accordance with the grievance procedure. 21.4.2 Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. 21.4.3 Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 6.3, obtaining coverage to ensure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage. ARTICLE 22 -GENERAL PROVISIONS 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law, which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, the invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event, the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23— ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effective upon ratification by the parties and shall remain in effect through December 31, 2028. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 39 Either party may request negotiations of a successor agreement at least sixty (60) days before the annual expiration date. This Agreement may be modified during its term by mutual agreement of both parties concerned, such mutual agreement is to be in writing and to be incorporated as part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 40 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of , 2024. TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS Bri n Blai e ell; Secretary-Treasurer Randy Neatherlin; Commissioner District#1 b.A-- L N Dane Bonnell; Business Agent Kevin Shutty; Commissioner District#2 Sharon Trask; Commissioner District#3 MASON COUNTY ASSESSOR Patti McLean Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 41 APPENDIX A Wage Tables Effective 6/1/2024—2.25%ATB Increase Advancement from one step to the next is annual and on the employee's step date Classification Step Step2 Step3 Step4 Step Step6 Step Step Step9 Appraiser Trainee $4,008.58 $4,108.79 $4,211.50 $4,316.80 $4,424.72 $4,535.34 $4,648.71 $4,764.93 $4,884.06 Appraiser $4,648.72 $4,764.94 $4,884.05 $5,006.17 $5,131.31 $5,259.60 $5,391.09 -$5,525.87 $5,664.01 Senior Appraiser $5,338.88 $5,472.34 $5,609.15 $5,749.38 $5,893.13 $6,040.45 $6,191.46 `'`$6,346.25 $6,504.91 Appraiser Analyst $5,605.82 $5,745.97 $5,889.62 $6,036.85 $6,187.78 $6,342.47 $6,501.03 $6,663.56 $6,830.15 GISTechnician 1 $4,467.221 $4,695.351 $4,812.721 $4,933.041 $5,056.371 $5,182.791 $5,312.36 $5,445-171 $5,581.30 Senior Appraiser Analyst 1 $6,166.401 $6,320.571 $6,478.581 $6,640.541 $6,806.561 $6,976.711 $7,151.141 $7,329.921 $7,513.16 Effective 1/1/2025—2.00%Market Rate Adjustment to Appraiser series ONLY Addition of 1 Top Step maintaining 2.5%between steps Step 8 is made available as of 1/1/2025.However,advancement to step 8 will take place on employee's step date. Advancement from one step to the next is annual and on the employee's step date Classification Step Step2 Step3 Step4 Steps Step Step Step Step9 Appraiser Trainee $4,088.75 $4,190.97 $4,295.73 $4,403.14 $4,513.21 $4,626.05 $4,741.69 $4,860.23 $4,981.74 Appraiser $4,741.70 $4,860.24 $4,981.73 $5,106.29 $5,233.94 $5,364.79 $5,498.91 $5,636.38 $5,777.29 Senior Appraiser $5,445.66 $5,581.78 $5,721.33 $5,864.37 $6,010.99 $6,161.26 $6,315.29 $6,473.17 $6,635.00 Appraiser Analyst $5,605.82 $5,745.97 $5,889.62 $6,036.85 $6,187.78 $6,342.47 $6,501.03 $6,663.56 $6,830.15 GISTechnician 1 $4,467.221 $4,695.351 $4,812.721 $4,933.041 $5,056.371 $5,182.791 $5,312.361 $5,445.171 $5,581.30 Senior Appraiser Analyst 1 $6,166.401 $6,320.571 $6,478.581 $6,640.541 $6,806.561 $6,976.711 $7,151.141 $7,329.921 $7.513.16 Effective 1/1/2026—2.00%ATB Increase Advancement from one step to the next is annual and on the employee's step date Classification Step Step2 Step3 Step4 Steps Step Step Step $tep*` Appraiser Trainee $4,170.52 $4,274.79 $4,381.65 $4,491.20 $4.603.47 $4,718.57 $4,836.52 $4,957.44 $5,081.37 Appraiser $4,836.53 $4,957.45 $5,081.37 $5,208.42 $5,338.62 $5,472.08 $5,608.89 $5,749.11 $5,892.84 Senior Appraiser $5,554.57 $5,693.42 $5,835.76 $5,981.66 $6,131.21 $6,284.48 $6,441.60 $6,602.64 $6,767.70 Appraiser Analyst $5,717.93 $5,860.89 $6,007.41 $6,157.59 $6,311.54 $6,469.31 $6,631.06 $6,796.83 06,966.75 GIS Technician 1 $4,556.571 $4,789.261 $4,908.981 $5,031.701 $5,157.501 $5,286.441 $5,418.61 1 $5,554.07 5,692-92 Senior Appraiser Analyst 1 $6,289.721 $6,446.981 $6,608.151 $6,773.351 $6,942.691 $7,116.251 $7,294.161 $7,476.51 W7,66a,431 Effective 1/1/2027—2.00%ATB Increase Advancement from one step to the next is annual and on the employee's step date Classification Step Step2 Step3 Step4 Steps Step Step Step Appraiser Trainee $4,253.94 $4,360.28 $4,469.28 $4,581.02 $4,695.54 $4,812.94 $4,933.25 $5,056.58 D Appraiser $4,933.26 $5,056.59 $5,183.00 $5,312.59 $5,445.39 $5,581.53 $5,721.07 $5,864.09 $6,010.70 Senior Appraiser $5,665.66 $5,807.29 $5,952.47 $6,101.29 $6,253.83 $6,410.17 $6,570.43 $6,734.69 $6,903.06 Appraiser Analyst $5,832.29 $5,978.11 $6,127.56 $6,280.74 $6,437.77 $6,598.70 $6,763.68 $6,932.77 $7,106.09 GISTechnician 1 $4,647.701 $4,885.041 $5,007.161 $5,132.341 $5,260.651 $5,392.171 $5,526.981 $5,665.15 $5.806.78 Senior Appraiser Analyst 1 $6,415.521 $6,575.921 $6,740.321 $6,908.811 $7,081.541 $7,258.571 $7,440.041 $7,626.05 $7,816.70 Effective 1/1/2028—2.00%ATB Increase Addition of 1 Top Step maintaining 2.5%between steps Step 9 is made available as of 1/1/2028.However,advancement to step 9 will take place on employee's step date. Advancement from one step to the next is annual and on the employee's step date Classification Step Step2 Step3 Step4 Steps Step Step Step8 Step9 Appraiser Trainee $4,339.01 $4,447.49 $4,558.67 $4,672.64 $4,789.45 $4,909.20 $5,031.92 $5,157.72 $5,286.66 Appraiser $5,031.93 $5,157.73 $5,286.66 $5,418.84 $5,554.30 $5,693.16 $5,835.49 $5,981.38 $6,130.91 Senior Appraiser $5,778.98 $5,923.43 $6,071.52 $6,223.32 $6,378.91 $6,538.38 $6,701.84 $6,869.38 $7,041.12 Appraiser Analyst $5,948.94 $6,097.67 $6,250.11 $6,406.35 $6,566.52 $6,730.67 $6,898.95 $7,071.42 $7,248.21 GISTechnician 1 $4,740.651 $4,982.741 $5,107.301 $5,234.981 $5,365.871 $5,500.01 1 $5,637.521 $5,778.451 $5,922. 22 Senior Appraiser Analyst $6,543.83 $6,707.44 $6,875.12 $7,046.99 $7,223.18 $7,403.74 $7,588.84 $7,778.57 $7,973.03 ORIGINAL Teamsters Local No.252 Appraisers and Mason County 2024—2028 Collective Bargaining Agreement Page 42 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: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 10,2024 Agenda Date: June 18,2024 Internal Review: ❑X 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: American Rescue Plan Act Contracts 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. The total requests received for ARPA funds as of April 30 is $2,646,057 and Mason County had approximately$841,188 in completed projects to re- obligate to new projects. On May 21st,The Board of County Commissioners re-obligated those funds to 21 new projects. Out of those projects, 8 require a contract. Budget Impact(amount, funding source,budget amendment): None Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for Mark Neary,County Administrator to sign the new ARPA contracts between the County and the following: Mason County Senior Activities Center$4,628.31,Mason County Cemetery District#1 $28,485, Belfair Water District Backup Generators$33,788.63,Turning Pointe$40,000,EDC Cluster Study$50,000, South Mason Fire District#4 $63,340,Habitat for Humanity$75,000,PUD#1 Lake Arrowhead Mainline $75,000. Attachments ARPA Contracts i I AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And BELFAIR WATER DISTRICT#1 This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Belfair Water District #1, a Washington state public utility ("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS;ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021, obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to $33,788.63 of ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision of providing the final funding for the backup generators. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative impacts, b) Provide Government services to the extent of the reduction in revenue, c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 1 ARPA Recipient Agreement i i 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Report. To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County,by October 7,2024, detailing the expenditures, and work done on the approved project.A final A-19 report is due by November 30,2024. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient up to $33,788.63 on a j reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. I 6. Termination. The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an l independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers,officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. i 9. Compliance with Laws, Guidelines. The Recipient shall comply with all federal,state, and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the 2 ARPA Recipient Agreement Washington State Auditors Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: I Recipient Belfair Water District#1 Dale Webb PO BOX 563 Belfair, WA 98528 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. i 17. Governing Law;Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. j 3 ARPA Recipient Agreement I� j 18. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. i 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 20. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 21. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. I 22. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right,action, or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 24. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same j instrument. 25. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. I I i i 4 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. i' DATED this day of , 2024. RECIPIENT,BELFAIR WATER DISTRICT #1 1 By: 1 Print Name: Its: DATED this_day of 2024. COUNTY ADMINISTRATOR MASON COUNTY,WASHINGTON Mark Neary, County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 5 ARPA Recipient Agreement i I I ATTACHMENT A SCOPE OF WORK I i The Board of Commissioners is directing up to $33,788.63 of federal ARPA funds to the Belfair Water District#1 on a reimbursement basis for the purpose of installing new backup generators. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY) policies and procedures. It is Belfair Water District#1's responsibility to review,understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. The Belfair Water District#1 will be responsible for overseeing the program. i 1. Program Funding and Award Amount Mason County shall make up to $33,788.63 of ARPA funds available to Belfair Water District #1 on a reimbursement basis, with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement. I 2. Reporting All reports are to be submitted to the COUNTY no later than November 30, 2024. I Belfair Water District #1 shall submit a final report on costs detailed and provide an A-19 ' equivalent report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts, and dates of payments disbursed by the Recipient, by November 30, 2024. Belfair Water District #1 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. I i I I I 6 ARPA Recipient Agreement AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And MASON COUNTY CEMETERY DISTRICT#1 TWIN FIRS This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Mason County Cemetery District #1 Twin Firs, a Mason County Cemetery District("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to $28,485 in ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision of upgrades to the cemetery including survey work for making rows and plot lines, water line and hydrants, install chain link fencing and hydroseeding. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue,c)respond to workers performing essential work, d) make necessary investments in water, sewer or broadband infrastructure. 1 ARPA Recipient Agreement I, 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state 1 unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Repo To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County, by October 7, 2024, detailing expenditures. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. j �I 5. ARPA Funds. The County agrees to provide the Recipient up to $28,485 on a reimbursement basis, with the requirement of the quarterly COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31,2024. I 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury,bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws,Guidelines.The Recipient shall comply with all federal,state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the 2 ARPA Recipient Agreement i I Washington State Auditor's Office and as required by the IGA and Program Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing,and shall be deemed received three (3) days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Attn: Ken VanBuskirk Mason County Cemetery District#1 Twin Firs Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. I i 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of j Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the I 3 i ARPA Recipient Agreement I Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 18. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or j voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended;proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof,nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the 4 i AR-PA Recipient Agreement exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 20. BindingEffect.ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. j 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. j 24. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 5 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2024. RECIPIENT, COMMUNITY LIFELINE By: Print Name: Its: i i i DATED this day of , 2024. MASON COUNTY, WASHINGTON Mark Neary County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 6 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $28,485 of federal ARPA funds to Mason County Cemetery District#1 Twin Firs on a reimbursement basis for upgrades to the cemetery including survey work for making rows and plot lines,water lines, and hydrants,install chain link fencing and hydroseeding. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is Mason County Cemetery District#1 Twin Firs responsibility to review,understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. MASON COUNTY CEMETERY DISTRICT#1 TWIN FIRS will be responsible for overseeing the program. 1. Program Funding and Award Amount Mason County shall provide up to$28,485 to the program administered by MASON COUNTY CEMETERY DISTRICT#1 TWIN FIRS. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. l 2. Reporting I All reports are to be submitted to the COUNTY no later than November 30, 2024. MASON COUNTY CEMETERY DISTRICT#1 TWIN FIRS shall submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work, payment amounts, and dates of payments by November 30, 2024. MASON COUNTY CEMETERY DISTRICT #1 TWIN FIRS shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. i I 7 ARPA Recipient Agreement AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Economic Development Council of Mason County, a Washington State non-profit("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to $50,000 in ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision of a regional economic competitiveness study. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue,c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 1 ARPA Recipient Agreement I 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Repo To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County,by October 7,2024,detailing the expenditures and work done on the cluster study. A final A-19 report is due by November 30,2024. Failure to provide any of the required documentation may result in termination of the Agreement. j 5. ARPA Funds. The County agrees to provide the Recipient up to $50,000 on a reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws,Guidelines.The Recipient shall comply with all federal,state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, 1 documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection,review and audit by the County or its designee,the 2 ARPA Recipient Agreement III II Washington State Auditor's Office and as required by the IGA and Program Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. i 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either parry shall designate to the other from time to time in writing forwarded in like manner: Recipient Economic Development Council of Mason County 1 Attn: Karin Leaf 628 W Alder Street j Shelton, WA 98584 i Mason County Attn: Jennifer Beierle j 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each parry warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. I 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection 1 with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 3 ARPA Recipient Agreement 18. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in j connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," as follows,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 4 ARPA Recipient Agreement II 20. Binding. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation that either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 24. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. i 5 ARPA Recipient Agreement i I I IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. j DATED this day of ,2024. RECIPIENT,ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY By: Print Name: Its: DATED this day of ,2024. MASON COUNTY,WASHINGTON l Mark Neary County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA a I i 6 ARPA Recipient Agreement i ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to$50,000 of federal ARPA funds to the ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY on a reimbursement basis for the purpose of completing a regional economic competitiveness study. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT, U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is the ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY's responsibility to review, understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. i i ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY will be responsible for overseeing the program. I 1. Program Funding and Award Amount MASON COUNTY shall provide up to $50,000 to the program that will be administered by the ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. 2. Reporting All reports are to be submitted to the COUNTY no later than November 30, 2024. ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY shall submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for p p p g g the project to include a description of the work, payment amounts, and dates of payments by November 30, 2024. i ECONOMIC DEVELOPMENT COUNCIL OF MASON COUNTY shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. i 7 ARPA Recipient Agreement I I i AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And HABITAT FOR HUMANITY OF MASON COUNTY This American Rescue Plan Act ("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Habitat for Humanity of Mason County, a Washington state non- profit("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to $75,000 in ARPA Funds for the appropriate and qualifying project to the Recipient for the provision of assisting with funding the home being built on Park Street as well as installing sidewalks. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024, unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue,c)respond to workers performing essential work, d) make necessary investments in water, sewer or broadband infrastructure. 1 ARPA Recipient Agreement 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to i mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) 1 workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Report.To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County,by October 7,2024, detailing the expenditures on the new house and sidewalks. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient up to $75,000 on a reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each parry under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws,Guidelines.The Recipient shall comply with all federal,state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable, when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These 2 ARPA Recipient Agreement I I records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Habitat for Humanity Attn: Melissa Moore PO BOX 1549 Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 i 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect,which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection 3 ARPA Recipient Agreement with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. i 18. Debarment. � A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or ljl voluntarily excluded from covered transactions by any Federal department or agency. 1 ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction,violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, l such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof,nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the 4 ARPA Recipient Agreement I exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. i 24. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. I i IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. 5 i ARPA Recipient Agreement DATED this day of , 2024. RECIPIENT,HABITAT FOR HUMANITY OF MASON COUNTY By: Print Name: 1 Its: i DATED this_day of ,2024. I I MASON COUNTY,WASHINGTON Mark Neary County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA ATTACHMENT A 6 ARPA Recipient Agreement I SCOPE OF WORK The Board of Commissioners is directing up to $75,000 of federal ARPA funds to HABITAT FOR HUMANITY OF MASON COUNTY on a reimbursement basis for the purpose of assisting with funding the home being built on Park Street as well as installing sidewalks. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT, U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is HABITAT FOR HUMANITY OF MASON COUNTY `s responsibility to review,understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. HABITAT FOR HUMANITY OF MASON COUNTY will be responsible for overseeing the program. 1. Program Funding and Award Amount Mason County shall provide up to $75,000 to the program that will be administered by HABITAT i FOR HUMANITY OF MASON COUNTY. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. I I 2. Reporting All reports are to be submitted to the COUNTY no later than November 30, 2024 I I HABITAT FOR HUMANITY OF MASON COUNTY shall submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts, and dates of payments by November 30, 2024. HABITAT FOR HUMANITY OF MASON COUNTY shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. I 7 ARPA Recipient Agreement i AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And MASON COUNTY FIRE DISTRICT#4 This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the i day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Mason County Fire District #4, a Washington State Fire District (Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County,identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3, 2021, obligated by December 31, 2024, and expended by December 31, 2026, which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to$63,340 in ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision to create three firefighting water fill sites for the South Mason Fire and Rescue to use to refill their water trucks and return to the scene of the fire. i NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds j requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services I 1 ARPA Recipient Agreement to the extent of the reduction in revenue,c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Repo To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County, by October 7, 2024, detailing the purchase and placement of the water tanks. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. j 5. ARPA Funds. The County agrees to provide the Recipient up to $63,340 upfront with quotes for the purchase of the needed materials,with the agreement that the Recipient will provide proof of payment with a copy of an invoice and check,within 30 days of funding. Also,the requirement of the quarterly COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31,2024. 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify, and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses, or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. j 9. Compliance with Laws,Guidelines.The Recipient shall comply with all federal,state,and j local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 2 ARPA Recipient Agreement i 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection,review and audit by the County or its designee,the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Mason County Fire District#4 Attn: Jess Fulkerson 2970 SE Arcadia Rd Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 3 ARPA Recipient Agreement ii I I 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 18. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of federal Executive Order 12549; and ! iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," as follows,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. l 4 ARPA Recipient Agreement 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 20. Binding. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment.The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right action or benefit in to or on the art of an person or entity that is not a a to g p Y P tY party this Agreement. This provision shall not limit any obligation that either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 24. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 5 ARPA Recipient Agreement I i IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of 92024. I RECIPIENT,MASON COUNTY FIRE DISTRICT 94 By: i I Print Name: I Its: I I I DATED this day of , 2024. MASON COUNTY, WASHINGTON Mark Neary j County Administrator i I ATTEST: I McKenzie Smith, Clerk of the Board j APPROVED AS TO FORM: Tim Whitehead, Chief DPA i i 1 i 6 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $63,340 of federal ARPA funds to MASON COUNTY FIRE DISTRICT#4 to create three firefighting water fill sites for the South Mason Fire and Rescue to use to refill their water trucks and return to the scene of the fire. . The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY) policies and procedures. It is MASON COUNTY FIRE DISTRICT#4's responsibility to review, understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. MASON COUNTY FIRE DISTRICT#4 will be responsible for overseeing the program. 1. Program Funding and Award Amount Mason County shall provide up to$63,340 to the program administered by MASON COUNTY FIRE DISTRICT#4. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. 2. Reporting All reports are to be submitted to the County no later than November 30, 2024. MASON COUNTY FIRE DISTRICT #4 shall submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts, and dates of payments by November 30,2024. MASON COUNTY FIRE DISTRICT #4 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. i i 7 ARPA Recipient Agreement AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT ' Between MASON COUNTY And PUBLIC UTILITY DISTRICT No. 1 of MASON COUNTY This American Rescue Plan Act("ARPA")Recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political 1 subdivision ("County"), and Public Utility District No. 1 of Mason County, a Washington state public utility ("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027, under an amended Title VI of the Social Security Act to add sections 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund ("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S.Treasury and Mason County,identified as the Interim Final Rule("IFR")or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant ARPA Funds up to $75,000 for the appropriate and qualifying project, to the Recipient for the provision of replacement of the mainline in the Lake Arrowhead development. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024, unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative impacts, b) Provide Government services to the extent of the 1 ARPA Recipient Utility Assistance Agreement reduction in revenue, c) respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A- 19 equivalent report to the County,by October 7, 2024, detailing the expenditures. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient up to $75,000 on a reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. 6. Termination. The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines. The Recipient shall comply with all federal, state, and local laws and all requirements(including certifications and audits)of the IFR and Program Guidelines,to the extent applicable,when seeking Reimbursement. 2 j ARPA Recipient Utility Assistance Agreement i i I II 10. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General j Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person, primary covered transaction, principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IFR and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement i 3 i ARPA Recipient Utility Assistance Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon I request. 12. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either parry shall designate to the other from time to time in writing forwarded in like manner: l� I Recipient Public Utility District No. 1 Attn: Kristin Masteller N. 21971 Hwy. 101 Shelton, WA 98584 I i Mason County i Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 13. Improper Influence. Each parry warrants that it did not and will not employ, retain, or i contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining,maintaining,or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 14. Labor Standards. Subrecipient 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 surrounding 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. 15. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect,which gives rise to a conflict of interest. 1 i 16. Time. Time is of the essence in this Agreement. 4 ARPA Recipient Utility Assistance Agreement 17. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 18. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. i 19. Governing Law;Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of i law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. i 17. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. II 18. Binding. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. The Recipient shall not assign or transfer any of its interests in obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 5 ARPA Recipient Utility Assistance Agreement 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each parry signing below warrants to the other parry,that they have the full power and authority to execute this Agreement on behalf of the parry for whom they sign. I i i i I I I i 1 6 ARPA Recipient Utility Assistance Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2024. RECIPIENT, MASON COUNTY PUD 1 By: Print Name: Its: I DATED this_day of , 2024. i . i BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair Sharon Trask, Commissioner ATTEST: Kevin Shutty, Commissioner McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 7 ARPA Recipient Utility Assistance Agreement II I ATTACHMENT A t SCOPE OF WORK The Board of Commissioners is directing up to $75,000 of federal ARPA funds to PUD 1 on a reimbursement basis for the purpose of replacing the mainline in the Lake Arrowhead community. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is PUD l's responsibility to review, understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. PUD 1 will be responsible for overseeing the program. 1. Program Funding and Award Amount Mason County shall provide up to $75,000 to the program administered by PUD 1. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. I 2. Reporting All reports are to be submitted to the County no later than November 30, 2024. PUD 1 will submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work, t payment amounts, and dates of payments by November 30, 2024. j PUD 1 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 8 ARPA Recipient Utility Assistance Agreement AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And j TURNING POINTE SURVIVOR ADVOCACY CENTER i i This American Rescue Plan Act("ARPA")recipient Agreement("Agreement") is dated as of the J day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Turning Pointe Survivor Advocacy Center, a Washington state non- profit("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of 1 March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to$40,000 in ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision of a new roof to the Turning Pointe Survivor Advocacy Centers 56-bed shelter. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue,c)respond to workers performing essential work, d) make necessary investments in water, sewer or broadband infrastructure. 1 ARPA Recipient Agreement I 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c)payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal { settlements. 4. COVID-19 Expenditure Report.To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County,by October 7,2024, detailing the expenditures and work done on the roof replacement. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient up to $40,000 on a reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. j i 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages, upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines.The Recipient shall comply with all federal,state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable, when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection,review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines 2 ARPA Recipient Agreement i for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is j intended at its last known address, or to such other person or address as either parry shall designate to the other from time to time in writing forwarded in like manner: Recipient j TURNING POINTE SURVIVOR ADVOCACY CENTER Rebecca Sayan-Ayers PO BOX 2014 Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each parry warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. I 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection j with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 3 ARPA Recipient Agreement i I 18. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; j iii. Are not presently indicted for or otherwise criminally or civilly charged by a j governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"as follows,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 4 ARPA Recipient Agreement 20. BindingE . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment.The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. I 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 24. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 5 ARPA Recipient Agreement i IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of I the last date signed below. I DATED this day of , 2024. RECIPIENT,TURNING POINTE SURVIVOR ADVOCACY By: Print Name: Its: I i DATED this_day of , 2024. MASON COUNTY,WASHINGTON Mark Neary County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA I I 1 i 6 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $40,000 of federal ARPA funds to Turning Pointe Survivor Advocacy Center on a reimbursement basis for the purpose of replacing the roof on the 56-bed shelter. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is the Turning Pointe Survivor Advocacy Center's responsibility to review, understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. Turning Pointe Survivor Advocacy Center will be responsible for overseeing program. the ram. g 1. Program Funding and Award Amount Mason County shall provide up to $40,000 to the program administered by Turning Pointe Survivor Advocacy Center. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. I 2. Reporting All reports are to be submitted to the County no later than November 30,2024. Turning Pointe Survivor Advocacy Center shall submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts, and dates of payments by November 30, 2024. Turning Pointe Survivor Advocacy Center shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. i 7 ARPA Recipient Agreement AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And MASON COUNTY SENIOR ACTIVITIES CENTER This American Rescue Plan Act ("ARPA")recipient Agreement("Agreement") is dated as of the day of , 2024, by and between Mason County, a Washington political subdivision ("County"), and Mason County Senior Activities Center, a Washington State non- profit("Recipient"). WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M. Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF") for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule("IFR") or 31 CFR Part 35 RIN 1505-AC77 i WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant up to $4,628.31 in ARPA Funds for the appropriate and qualifying project,to the Recipient for the provision of purchasing new computers for the Mason County Senior Activities Center. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds. The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue,c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. i 1 ARPA Recipient Agreement i ill 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. i 4. COVID-19 Expenditure Report.To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent report to the County, by October 7, 2024, detailing the purchase of the computers and software. A final A-19 report is due by November 30, 2024. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient up to $4,628.31 on a reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated in Section 4 of this Agreement by December 31, 2024. 6. Termination. The County may terminate this Agreement, for cause or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each parry under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. i 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' I performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws,Guidelines.The Recipient shall comply with all federal,state,and I local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable, when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection,review and audit by the County or its designee,the Washington State Auditor's Office and as required by the IGA and Program Guidelines 2 ARPA Recipient Agreement i, for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11 Notices. An notice desired or required to be given hereunder shall be in writing, and shall • Y q g g� be deemed received three (3) days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is 1 intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Mason County Senior Activities Center Penny Wilson 190 W Sentry Dr. Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in 1 Mason County, Washington or as provided by RCW 36.01.050. 3 ARPA Recipient Agreement III 18. Debarment. A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended,proposed for debarment, declared ineligible or j voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant,been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,tax evasion,receiving stolen property,making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of Federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,"as follows,without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction person,primary covered transaction,principal, and voluntarily excluded, as used in this section have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 19. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 4 ARPA Recipient Agreement i 20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 21. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 22. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 23. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation that either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 24. Severabili y. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 25. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 26. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. I i 5 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of , 2024. RECIPIENT, MASON COUNTY SENIOR ACTIVITIES CENTER By: j i Print Name: Its: DATED this day of , 2024. MASON COUNTY, WASHINGTON Mark Neary County Administrator ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 6 ARPA Recipient Agreement I I ATTACHMENT A I SCOPE OF WORK The Board of Commissioners is directing up to $4,628.31 of federal ARPA funds to Mason County Senior Activities Center on a reimbursement basis for the purpose of purchasing new computers and cybersecurity software. The Recipient will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT,U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is Mason County Senior Activities Center's responsibility to review,understand, implement, and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. i Mason County Senior Activities Center will be responsible for overseeing the program. i I 1. Program Funding and Award Amount I Mason County shall provide up to $4,628.31 to the program administered by Mason County Senior Activities Center. Reporting of expenditures should be made as stated in Sections 4 and 5 of this Agreement. 2. Reporting All reports are to be submitted to the County no later than November 30, 2024. Mason County Senior Activities Center will submit a final report and provide an A-19 expenditure report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts, and dates of payments by November 30, 2024. Mason County Senior Activities Center shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. I I 7 ARPA Recipient Agreement