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HomeMy WebLinkAbout061526A AGENDA PACKET - compressed 1 AGENDA Jefferson County Board of Commissioners Regular Meeting – Monday, June 15, 2026 at 9:00 a.m. This is a Hybrid meeting: Virtual and In-Person Attendance at Jefferson County Courthouse – Commissioners’ Chambers 1820 Jefferson Street, Port Townsend, WA Heather Dudley-Nollette, District 1 | Heidi Eisenhour, District 2 | Greg Brotherton, District 3 – Chair To view Agenda items, meeting materials and comments received, click here: www.co.jefferson.wa.us – Services – Laserfiche Web Portal (username and password is: public)– Board of Commissioners – BOCC Agenda Packets – 2026 Weekly Agenda Items – Month of the meeting – Day of the meeting  LINK: https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?startid=10470247&dbid=0&repo=Jefferson You can join this meeting by using the following methods: In the event of technical difficulties, at least one of the methods above will be accessible to the public. Please try all methods first before calling 360-385-9100 to report any issues. Individuals may provide Public Comment using the following methods: • Video: Refer to meeting instructions above • Audio-only: Refer to meeting instructions above • Email: You may submit comments/correspondence to us at: jeffbocc@co.jefferson.wa.us up through 11:59 p.m. the day before the meeting. Public Comment Periods are dedicated to listening to the public. Each person may address the Board one time during these periods. To ensure equal opportunity for the public to comment, all comments shall be limited to 2 or 3 minutes per person, depending on the volume of public in attendance. Some Agenda items may have additional Public Comment Periods – these comment periods are for listening to comments specific to that Agenda item. The Chair may add additional Public Comment Periods throughout the meeting. 9:00 a.m. CALL TO ORDER 9:01 a.m. PUBLIC COMMENT PERIOD – ALL TOPICS • Zoom Meeting: https://zoom.us/j/93777841705 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.” Participation will be up to the Chair and Clerk • Audio-only: Dial: 1-253-215-8782 and use Webinar ID: 937-7784-1705# This option will allow you to listen to the meeting live. If you wish to provide public comment, press *9 to “raise your hand.” Participation will be up to the Chair and Clerk Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384. If you need special accommodations, please contact our office 24 hours in advance. • In-person: You are welcome to join this meeting in-person. Agenda: June 15, 2026 2 No set time APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Items listed below have been distributed to the Commissioners in advance for study and will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Agenda, at the request of any of the Commissioners). 1. RESOLUTION NO. ___ re: In the matter of Jefferson County’s final approval of vacation of a portion of Mumby Road Right-of-Way 2. AGREEMENT re: Conceptual design for the expansion of the PHUGA Water Reclamation Facility; $67,329; Public Works; Tetra Tech LLC 3. AGREEMENT re: ADA Equipment for Blue Heron Middle School; $9,909.49; Public Health; Port Townsend School District 4. AGREEMENT re: Ballot drop box in Port Ludlow; No cost; Auditor’s Office; Port Ludlow Associates, LLC 5. AGREEMENT re: Ballot drop box in Port Hadlock; No cost; Auditor’s Office; Jefferson County Library 6. AGREEMENT re: Ballot drop box in Nordland; No cost; Auditor’s Office; EJFR Nordland Fire Station Property 7. AGREEMENT, Amendment No. 1 re: Tree removal for site preparation of culvert replacement along Oil City Road; Adding six exhibits that comply with federal requirements; Public Works; Olympic Resources LLC 8. LANDOWNER AGREEMENT re: Use of County property for stewardship activities; No cost; Jefferson County; Public Health; North Olympic Salmon Coalition 9. SUBRECIPIENT AGREEMENT re: Hood Canal Regional Pollution Identification and Correction (PIC) Phase 5 Project; $53,918.94; Public Health; Hood Canal Coordinating Council HCCC) 10. SUBRECIPIENT AGREEMENT re: ADA Chair; $3,250; Public Health; Jefferson County Historical Museum of Art & History 11. AGREEMENT, Amendment No. 2 re: Medications, program staff, supplies, and release and reentry coordination; $769,580; Sheriff’s Office; Washington State Healthcare Authority, and APPROVAL OF MOTION: Delegate signing authority to the Jail Superintendent 12. LETTER OF SUPPORT re: Dock revitalization for the Port of Port Townsend Paper Corporation 13. MOTION APPROVING RESOLUTION re: In the matter of reactivation of Drainage District No. 1, also known as Chimacum Drainage District, pursuant to RCW 85.38.220: The Board of County Commissioners move to approve the resolution in the Agenda Packet which reactivates Chimacum Drainage District No. 1 because reactivating the drainage district is in the public interest. 14. APPROVAL OF MINUTES: Regular Meeting Minutes of May 11, 18 and 26, 2026, June 1, 2026 15. APPROVAL OF PAYROLL WARRANTS: Dated June 5, 2026 and totaling $183,971.82 SHWT), and Dated June 5, 2026 and totaling $2,493,073.06 16. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated June 8, 2026 and totaling 1,250,158.28 Agenda: June 15, 2026 3 REGULAR AGENDA: No set time PROCLAMATION re: Declaring June 19, 2026 to be Juneteenth, a Holiday Celebrating African American Liberation 10:00 a.m. UPDATE re: Washington State Department of Natural Resources (DNR) 1st Quarter County Income Report Drew Rosanbalm, DNR Assistant Region Manager-State Lands Bill Wells, DNR Olympic Region Manager Junior Taxing Districts No set time WORKSHOP re: Status update on Enterprise Permitting & Licensing (EPL) 11:00 a.m.) system Shawn Fredrick, Central Services Director Apple Martine, Public Health Director Jeremy Williammee, DCD Director Chelsea Pronovost, DCD Administrative Services Manager No set time COMMISSIONERS BRIEFING SESSION No set time RECESS 1:30 p.m. AFTERNOON SESSION 1:30 p.m. to 2:00 p.m. EXECUTIVE SESSION with the County Administrator, and Chief Civil Deputy Prosecuting Attorney (DPA) re: Potential/Actual Litigation; Exemption as Outlined in the Open Public Meetings Act, RCW 42.30.110(1)(i) DISCUSSION, POTENTIAL ACTION with PUBLIC COMMENT re: TOPIC OF THE EXECUTIVE SESSION No set time WORKSHOP re: Strategic Plan Draft Implementation Report 2:00 p.m.) Josh Peters, County Administrator 3:00 p.m. HEARING re: Jefferson County Fireworks Ban Jeremy Williammee, DCD Director/Fire Marshal Brian Tracer, Deputy Fire Marshal Andy Pernsteiner, Sheriff No set time ADDITIONAL DISCUSSION ITEMS No set time ADJOURNMENT (Adjourn by 4:30 p.m.) Agenda: June 15, 2026 4 COMMISSIONERS MEETING SCHEDULE The Week of June 15, 2026 A snapshot of the meetings the Commissioners will be attending this week are notated below, and are subject to change. If you would like to get more information on these meetings, please contact the Commissioners’ Office at 360-385-9100 or send us an email at: jeffbocc@co.jefferson.wa.us Monday, June 15, 2026 9:00 a.m. BOCC Meeting – Board Tuesday, June 16, 2026 11:15 a.m. Shelter Coalition Meeting – Greg 1:30 p.m. Jefferson Transit Authority Board Meeting – Board Wednesday, June 17, 2026 8:30 a.m. Budget Meeting – Board 2:30 p.m. 2026 North Olympic Development Council Executive Board Meeting - Heather 3:00 p.m. Climate Action Committee - Heather Thursday, June 18, 2026 2:30 p.m. Board of Health Meeting – Heidi 5:00 p.m. Intergovernmental Collaborative Group Special Meeting – Heidi, Heather 6:00 p.m. JCD Candidate Forums - Heather Friday, June 19, 2026 HOLIDAY The County has various Boards and Committees that are subject to the Open Public Meetings Act (OPMA). Agendas for those meetings will be posted to the Jefferson County website calendar 24 hours prior to the start of the meeting. Agendas will contain information on how to provide public comment, meeting access, and meeting materials (if available). For more information, go to: www.co.jefferson.wa.us and click on the Calendar tab. COMMISSIONERS MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA. Americans with Disabilities Act (ADA) Accommodations Provided Upon Request 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters, County Administrator DATE: June 15, 2026 SUBJECT: WORKSHOP re: Strategic Plan Draft Implementation Report STATEMENT OF ISSUE: The time period for the current, adopted Jefferson County Strategic Plan is 2024-2028. Staff now presents to the Board a draft Strategic Plan Implementation Report for review and discussion. ANALYSIS: Implementation of the Strategic Plan has proven challenging for a variety of reasons. This report, which was developed with consultant assistance from BerryDunn and the contributions of multiple county departments, represents a simplified version from the dashboard envisioned previously. This iteration of progress tracking represents a snapshot in time. While in the process of collecting data associated with objectives in the Strategic Plan, ideas have emerged about adjustments to the Plan’s objectives and corresponding metrics. FISCAL IMPACT: There are limited funds and time remaining in the BerryDunn contract. Staff anticipates continuing with implementation and progress reporting within adopted budgets. RECOMMENDATION: Review the draft and listen to input from Strategic Plan Implementation Steering Committee members, participating department heads, and other staff involved in the implementation tracking process. Ask questions and offer feedback on the draft so that staff may make needed adjustments to complete this Implementation Report. Guide staff towards continual implementation tracking, including direction for the next iteration of progress reporting. REVIEWED BY: Josh D. Peters, County Administrator Date 6/11/2026 gON O SH I N ieltGAO' ACCOUNTS PAYABLE WARRANT REPORT WARRANT DATE: 6- 8-2026 TOTAL: $1,250,158.28 RECORDS OF ALL CLAIMS SUBMITTED FOR PAYMENT ALONG WITH VOUCHERS APPROVED BY THE BOARD OF JEFFERSON COUNTY COMMISSIONERS ARE RETAINED BY THE JEFFERSON COUNTY AUDITOR AND PUBLIC WORKS DEPARTMENT. I THE UNDERSIGNED BOARD OF COUNTY COMMISSIONERS DO HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,THAT ANY ADVANCE PAYMENT IS DUE AND PAYABLE PURSUANT TO A CONTRACT OR IS AVAILABLE AS AN OPTION FOR FULL OR PARTIAL FULFILLMENT OF A CONTRACTUAL OBLIGATION, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST JEFFERSON COUNTY AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. CHAIRPERSON, COMMISSIONER COMMISSIONER, MEMBER COMMISSIONER, MEMBER FUND SUMAMRY CHECK RUN DATE 6-8-2026 Row Labels Sum of AMOUNT 001 198783.93 108 3401.96 109 1034.13 125 4803.16 127 97268.35 128 4072.19 131 47974.8 134 159.99 143 6653.55 148 3325 149 17000 155 2984.75 174 8802.02 175 12924.18 180 567771.9 401 42957.77 405 5343.76 406 350.62 501 60246.27 505 8660.86 506 134297.5 507 21341.59 blank) Grand Total 1250158.28 615 Sheridan Street Port Townsend, WA 98368 eehson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST Blue. ADA- er-e- TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie-- Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator J DATE:rf ZOa SUBJECT: Agenda item — Five (5) Subrecipient Agreements between Jefferson County and regional entities for services that increase the accessibility of a variety of public resources throughout the county; 1-year terms beginning 05/12/2026. Total sum of all 5 agreements: $30,151.96. STATEMENT OF ISSUE: Jefferson County Public Health, Intellectual and Developmental Disabilities Program, requests Board approval of 5 (five) agreements between the County and the following subrecipients: City of Port Townsend 4,749.49); Disabled Hikers ($6,500); Jefferson County Historical Society ($3,250); Peninsula Trails Coalition 5,742.98); Port Townsend School District ($9,909.49). ANALYSIS/STRATEGIC GOALS/PROS and CONS: The Jefferson County Accessible Community Advisory Committee (ACAC), managed by the Jefferson County IDD Coordinator, partnered with a statewide committee to disperse state funds dedicated to improving the accessibility of public resources. As a result of that partnership, the Washington State Employment Security Department (ESD) entered into five concurrent agreements with Jefferson County on 05/12/2026 to dispense those funds to these five subrecipients. FISCAL IMPACT/COST BENEFIT ANALYSIS: The agreements with these five subrecipients will be funded through Jefferson County's concurrent five agreements with the Washington State ESD. RECOMMENDATION: JCPH management requests approval of these agreements. REVIEWED BY: q\--)Se 7 (10 06, Josh D. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community DD-26-026,027,028,029,030 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Port Townsend School District Contract No: DD-26-030 Contract For: ADA Equip Blue Heron Middle School Term: 5/12/2026 - 1 year COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: x410 Contact email: Bonnie0@co.jefferson.wa.us PROCESS: AMOUNT: $9,909.49 Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $9,909.49 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # 127 RFP or RFQ Munis Org/Obj 12768093 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPL WIT •0 AND CHAPTER 42.23 RCW. CERTIFIED: r N/A: May 19, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEE DEBAR D BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: May 19, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/22/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/22/2026. DPA Luther approved on 05/22/2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 SUBRECIPIENT AGREEMENT BETWEEN JEFFERSON COUNTY AND PORT TOWNSEND SCHOOL DISTRICT This Subrecipient Agreement (Agreement) is made and entered into between Jefferson County (the County) and the Port Townsend School District (Subrecipient) for the purpose of dispensing funds associated with the Accessible Communities Advisory Committee funding to the County via the Washington State Employment Security Department (ESD) in Contract No. K9067 (Agency Contract). IT IS AGREED UPON BY THE PARTIES AS FOLLOWS: A. INTENT OF THE PARTIES 1) It is the intent of the County to dispense funds to Subrecipient for the project described in the Statement of Work described in Exhibit A and for the amount described in Budget in Exhibit B of the Agency Contract. 2) It is the intent of Subrecipient to accept funds for the purpose of completing the work for the project described in the Statement of Work for the Budget in Exhibit B of the Agency Contract without any additional contribution by the County. B. TERM OF THIS AGREEEMENT The term of this Agreement shall be from the Effective Date until one year from the date execution of the Agency Contract [05/12/2027], unless modified by the County and ESD. The Effective Date shall be the date upon which this Agreement is signed by all parties. C. TERMINATION 1) Should a party default in providing services under this Agreement or materially breach any of its provisions,the other party may terminate this Agreement upon ten(10)days written notice.A party shall have the right and opportunity to cure any such material breach within the ten(10)day period. 2) The County may terminate this Agreement upon immediate notice to Subrecipient in the event that the funding for the project ceases or is reduced in amount. Subrecipient will be reimbursed for services expended up to the date of termination. 3) This Agreement may be terminated without cause at any time by either party subject to a sixty (60) day advance written notice of such termination to the other party. 4) Termination of this Agreement, pursuant to the processes described herein shall not constitute a breach of this Agreement. Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 1 of 19 DD-26-030 D. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations: 1) Subrecipient shall fulfill all the requirements of the Agency Contract, attached as Appendix A, the terms and conditions of which are incorporated by references into this Agreement. The requirements of the Agency Contract, include but are not limited to,performance of all work listed in the scope of work (Exhibit A). For the avoidance of doubt, Subrecipient understands and agrees that it shall furnish all the necessary personnel,material, equipment or services and shall otherwise do all things necessary for incidental to the performance of the work and the full completion of the project described in Exhibit A to the Agency Contract. Failure to comply with any requirement of the Agency Contract shall constitute material breach of this Agreement. 2) The payments for the work the project described in Exhibit A of the Agency Contract shall be made by ESD pursuant to the Agency Contract, as limited to the amounts listed in Exhibit B of the Agency Contract, unless modified by ESD and the County. Subrecipient understands and agrees that payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. 3) Subrecipient shall submit invoices to the County in a manner that satisfies the County's billing procedure requirements in section 6 of the Agency Contract. In addition: a) Subrecipient shall submit invoices to the County by the 10th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof, payment will be made to Subrecipient in the amount approved. b) Subrecipient shall submit invoices to publichealthapucojefferson.wa.us. 4) Subrecipient shall provide the County with quarterly status report(s) on the updated performance of the work, consistent with the reporting requirements in section 7 of the Agency Contract. Quarterly status reports to the County shall be provided by Subrecipient on or before the 15th day of March, June, September and December. 5) Subrecipient shall comply with the requirements in section for Records, Documents and Review contained in section 17 of the Agency Contract as if it were the County. 6) Subrecipient shall comply with all state and federal requirements regarding the confidentiality of participant records. 7) Subrecipient shall have written policies regarding sexual harassment and non-discrimination(said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). 8) Subrecipient shall have a grievance policy that: a) Negotiates conflicts and advises participants of grievance procedures; b) Is explained to participants; Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 2 of 19 c) Prohibits retaliation for using the grievance process; d) Includes a non-retaliation statement; e) Assures that advocates are available and encourages participants to bring advocates to help negotiate; f) Includes a mediation process that promotes the use of someone who is unaffected by the outcome if conflicts remain unresolved; and, g) Includes a process for tracking and reporting grievances. 9) Subrecipient shall comply with all applicable federal, state and local regulations. 10) Subrecipient shall comply with all the policies of the Jefferson County department managing this Agreement. E. DEBARMENT By signing this Agreement, Subrecipient certifies that it is not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Subrecipient agrees to include the above requirement in any and all subcontracts into which it enters,and also agrees that it will not employ debarred individuals. Subrecipient must immediately notify the County if, during the term of this Agreement, Subrecipient becomes debarred. The County may immediately terminate this Agreement by providing Subrecipient written notice,if Subrecipient becomes debarred during the term of this Agreement. F. FUNDING WITHDRAWN, REDUCED OR LIMITED If the County determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement,then the County, at its sole discretion, may: (1) Terminate this Agreement; (2) Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend Subrecipient's performance under this Agreement upon five 5) business days' advance notice to Subrecipient, if the County determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow Subrecipient's performance to resume prior to the normal completion date of this Agreement. Nothing in this section shall have the effect of limiting or preventing the County from executing any remedy set forth at 2 CFR § 200.339 or any other federal regulation governing the dispensation of grant funding, if applicable. G. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT If overpayments or erroneous payments have been made to Subrecipient under this Agreement,the County will provide notice to Subrecipient and Subrecipient shall refund the full amount of the overpayment within thirty (30) calendar days of the notice. If Subrecipient fails to make timely refund,the County may charge Subrecipient one percent(1%)per month on the amount due,until paid in full. H. RECORDS AND DOCUMENTS REVIEW 1) Subrecipient shall maintain books,records,documents,magnetic media,receipts,invoices or other evidence relating to this Agreement and the performance of the services rendered, along with Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 3 of 19 accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. At no additional cost, these records, including materials generated under this Agreement, are subject at all reasonable times to inspection, review, or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law,rule,regulation,or agreement[See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B);42 USC 1396a(a)(42(A);42 CFR 431, Subpart Q;and 42 CFR 447.202]. 2) Subrecipient shall retain such records for a period of six (6) years after the date of final payment under this Agreement. 3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. I.RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY 1) Subrecipient shall immediately report to the County any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement, Subrecipient shall submit a Monitoring Certification using the form attached hereto as Appendix B for purposes of the County performing the risk assessment of Subrecipient and compliance monitoring of this Agreement that is required of the County by the Agency. J.GENERAL TERMS AND CONDITIONS 1) Subrecipient's relation to the County shall at all times be that of independent Subrecipient.Any and all employees of Subrecipient, or other persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall be considered employees of Subrecipient only, and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of Subrecipient. 2) Subrecipient shall obtain and keep in force during the terms of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48:05 RCW: a) Worker's compensation and employer's liability insurance. Subrecipient will participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington; b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$1,000, 000 each occurrence with the County named as an additional insured in connection with Subrecipient's performance of this Agreement. c) Insurance. Recipient shall maintain commercial general liability coverage in a form acceptable to Jefferson County Risk Management for bodily injury, personal injury, and property damage, with a limit in the amount of at least one million dollars($1,000,000.00) per occurrence, for bodily injury, including death, and property damage. The insurance Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 4 of 19 coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i) Broad Form Property Damage, with no employee exclusion. ii) Personal Injury Liability, including extended bodily injury. iii) Broad Form Contractual/Commercial Liability - including completed operations. iv) Premises- Operations Liability (M&C). v) Independent Contractors and Subrecipients. vi) Blanket Contractual Liability. 3) All employees or subcontractors of Subrecipient who are required to be professionally certified by the State in the performance of services under this Agreement shall maintain professional liability insurance/error and omissions liability insurance in the amount of not less than one million dollars 1,000,000). In no case shall such professional liability to third parties be limited in any way. 4) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall comply with the same insurance requirements that Subrecipient is required to meet. 5) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement shall comply with the terms and conditions set forth in the Agency Contract at Appendix A. Failure of any persons engaged by Subrecipient in the performance of any work or service required by Subrecipient under this Agreement, whether such person or entity is an employee, subcontractor, independent contractor, or volunteer of Subrecipient, to comply with the requirements set forth in Agency Contract shall constitute material breach of this Agreement as if Subrecipient had caused the breach directly. 6) Failure of a subcontractor to perform is no defense to a breach of this Agreement. Subrecipient assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of this Agreement. Subrecipient must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The head of the County department primarily responsible for overseeing Subrecipient's performance under this Agreement or that department head's designee must approve any proposed subcontractors in writing. Any dispute arising between Subrecipient and any subcontractors or between any subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the delivery of contracted goods or services. 7) Failure on the part of Subrecipient to maintain the insurance as required shall constitute a material breach of contract upon which the County may, after giving five working days' notice to Subrecipient to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the County on demand, or at the sole discretion of the County, offset against funds due Subrecipient from the County. Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 5of19 8) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 9) Excepting the Workers Compensation insurance and any professional liability insurance secured by Subrecipient,the County will be named on all certificates of insurance as an additional insured. Subrecipient shall furnish the County with verification of insurance and endorsements required by this Agreement. The County reserves the right to require complete,certified copies of all required insurance policies at any time. 10) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Subrecipient shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the County. All insurance policies obtained by Subrecipient shall be primary to any equivalent or applicable policies held by the County. All insurance policies obtained by Subrecipient shall include a waiver of subrogation rights.Any self- insured retention, deductible or risk retention maintained, or participated in, by the County coverage for third-party liability claims provided to the county, shall be excess and shall be non- contributory to the insurance policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract. All policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. 11) The County will pay no progress payments under this Agreement until Subrecipient has fully complied with this section. This remedy is not exclusive; and the County may take such other action as is available to them under other provisions of this Agreement, or otherwise in law. 12) Nothing in the foregoing insurance requirements shall prevent the County, at its option, from additionally requesting that Subrecipient deliver to the County an executed bond as security for the faithful performance of this Agreement and for payment of all obligations of Subrecipient. 13) It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County,Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 14) Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs.The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,subject to the venue provisions for actions against counties in RCW 36.01.050. 15) Subrecipient shall comply with the WA State Department of Labor and Industries Minimum Wage Act, chapter 49.46 RCW, acknowledging persons with disabilities participating in job assessments are not considered employees. 16) Subrecipient shall indemnify and hold the County,and its officers,officials,employees,agents and volunteers (and their marital communities)harmless from and shall process and defend at its own expense,including all costs,attorney fees and expenses relating thereto,all claims,demands,or suits at law or equity arising in whole or in part,directly or indirectly,from Subrecipient's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 6 of 19 Subrecipient to indemnify the County and its officers, officials, employees, agents and volunteers and their marital communities)against and hold them harmless from claims,demands or suits based solely upon the conduct of the County,its officers,officials,employees, agents and volunteers(and their marital communities), and provided further that if the claims or suits are caused by or result from the concurrent negligence of: a) Subrecipient's agents or employees;and, b) The County, its officers, officials, employees, agents and volunteers (and their marital communities),this indemnity provision with respect to: (i)claims or suits based upon such negligence,or(ii)the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of Subrecipient's negligence or the negligence of Subrecipient's agents or employees. c) Subrecipient specifically assumes potential liability for actions brought against the County by Subrecipient's employees, including all other persons engaged in the performance of any work or service required of Subrecipient under this Agreement and, solely for the purpose of this indemnification and defense, Subrecipient specifically waives any immunity under the state industrial insurance law, title 51 RCW. Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. d) The provisions of this section shall survive the expiration or termination of this Agreement. 17) Subrecipient shall not discriminate against any person presenting themselves for services based on race,religion, color, sex, age,or national origin. 18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,or entity without the express and prior written approval of County. If the County agrees in writing that all or a portion of this Agreement may be subcontracted to a third-party,then any contract or agreement between Subrecipient and a third-party Subrecipient must contain all provisions of this Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this Agreement. 19) This Agreement memorializes the entire agreement of the parties. No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement,promise or representation,expressed or implied,which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. Subrecipient is responsible for meeting all terms and conditions of this Agreement including standards of service,quality of materials and workmanship,costs,and schedules. 20) Subrecipient's employees shall not perform any of the work required in section A of the Agency Contract while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. 21) Any form of harassment, discrimination, or improper fraternization with any County employee or a participant is strictly prohibited. Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 7 of 19 22) No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different,or subsequent breach by either party. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 23) The terms of this Agreement are not severable. If any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be enforceable. 24) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 25) The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 26) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. 27) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 28) The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 29) Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, chapter 42.56 RCW (as may be amended),Subrecipient agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. Subrecipient also agrees that upon receipt of any written public record request, Subrecipient shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. 30) All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 8 of 19 Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Notices to Subrecipient shall be sent to the following address Port Townsend School District Blue Heron Middle School c/o Victoria Kalscheuer 3939 San Juan Ave Port Townsend, WA 98368 vkalscheuer,aiptschools.org SIGNATURES FOLLOW ON THE NEXT PAGE) Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 9 of 19 ADOPTED THIS day of 2026 JEFFERSON COUNTY WASHINGTON PORT TOWNSEND SCHOOL DISTRICT Board of County Commissioners Jefferson County, Washington r- Ve--eoc.- By:By: ti Greg Brotherton, Signature Chair Name: By: Title: Tirt w 114(1C Heidi Eisenhour, Commissioner Date: By: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: 05-22-2026 Jeremiah B. uther, Date Civil Deputy Prosecuting Attorney Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067, Page 10 of 19 APPENDIX-A AGENCY CONTRACT Docusign Envelope ID ECD12192-FEFF-8E04-8146-9725971A0337 WASIINGEON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 CONTRACT K9067 Between WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT And JEFFERSON COUNTY, WASHINGTON CONTRACT INFORMATION Contract start dale Contract end dale Contract amount Authorization Upon Execution One year from the $9,909.49 Chapter 39.34 RCW date of execution Purpose In accordance with the Accessible Communities Advisory Committee(ACAC), this agreement provides state funding to assist in the completion of the County project identified herein. PARTIES: Jefferson County,WA(County) Address Business registration or U81 t County vendor Number 615 Sheridan,Port Townsend,WA 98368 161-001-169 SWV0002430 Contract Manager CM Phone CM Email Bonnie Obremski 360-385-9410 Bonnie0q!co.jefferson.wa.us Employment Security Department(ESD) Contact Address Division 212 Maple Park Ave.SE,Olympia,WA 98501 Human Resources Contract Manager CM Phone CM Email Elaine Stefanowicz 360-890-3774 elaine.stefanowiczCesd.wa.gov ATTACHMENTS: This Contract includes the following attachment(s)and document(s)incorporated herein Exhibit A—Statement of Work Exhibit B-Budget The terms and conditions of this Contract are an integration and representation of the final,entire and exclusive understanding between the parties superseding,ail previous agreements,writings,and communications,oral or otherwise,regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract,and have the authority to execute this Contract. J Date Employment Security Department Date K^b i t C 12,kttitakitc 6erilet. 5/12/2026 Greg Brotherton Elizabeth Gordon Tee This Chair.Board of County Commissioners Executive Director Approved tof only Date 04/ 22/2026 deremis t B. ther Deputy Prosecuting Attorney oD-20-025 Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 11 of 19 Docusign Envelope ID.ECD12192-FEFF-8E04-8146-97 259 7 1A0337 1— Employment Security Department WASHINGTON STATE P O.BOX 9046,OLYMPIA,WASHINGTON 98507-9045 This Contract is between the Washington State Employment Security Department, hereinafter called"ESD",and Jefferson County, hereinafter called"County." ESD and County may also be individually referred to as Party, or jointly referred to as Parties. The Parties hereby mutually agree as follows: 1. PURPOSE With the passing of the Accessible Communities Act, the Legislature found that Washington State residents with disabilities continue to face barriers that could be easily eliminated. Through this legislation, counties have the opportunity to form county Accessible Community Advisory Committees and develop projects in their communities that will increase the disability awareness and accessibility of their county. Once these projects are developed and approved by the Governor's Committee on Disability Issues and Employment(GCDE), counties can receive funds to carry out these projects. Counties are eligible to apply for funding for other approved projects when a prior project is completed. This purpose of this Agreement is to set out the terms and conditions for the State of Washington to assist the county and provide funding for the projected identified herein. 2. AUTHORIZATION This Contract is authorized in accordance with Chapter 39.34 RCW — Interlocal Cooperation Act, and further in accordance with the Governor's Committee on Disability Issues and Employment (GCDE). TERMS AND CONDITIONS: 3. CONTRACT TERM The term of this Agreement starts on the date of execution and ends one year from the date of execution. Parties may agree to modify the term upon issuance of a mutually executed amendment. 4. STATEMENT OF WORK The statement of work is attached hereon as Exhibit A-Statement of Work. County shall furnish the necessary personnel,equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work and the full completion of the project therein. 5. COMPENSATION The County estimated the State's supplemental cost for accomplishing the work herein to be$9,909.49. ESD will reimburse County for its expenditures and costs in the amount of$9,909.49. The allocation of the cost breakdown is on Exhibit B. Payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. Washington Employment Security Department-ESD Contract#K9067 Page 2 Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 12 of 19 Docusign Envelope ID ECD12192-FEFF-8E04-8 146-97 2597 1A0337 Employment Security Department WASHINGTON STATF P O BOX 9046,OIvMPIA,WASHINGTON 98507-9046 6. BILLING PROCEDURE The County must submit invoices monthly or upon completion of the project for services performed under this Contract on an Invoice Voucher(Form A-19),or similar invoice. Invoices must include such information as necessary for ESD to determine the exact nature of all expenditures; and goods or services provided to and received. Each invoice must clearly indicate the Contract number herein.The invoice document must be submitted to: Employment Security Department Attention: Vendor Payments PO Box 9046 Olympia,WA 98507 Or one electronic copy of invoice document to: VendorPayments a@esd.wa gov,with a copy sent to ESD's Contract Manager. ESD will pay the County for completed and approved work within thirty(30)days of receipt of invoice. 7. REPORTING The County shall provide the ESD Contract Manager quarterly status report(s)on the updated performance. Reports are to be submitted via email to the ESD contract manager. 8. AMENDMENTS This Agreement may be amended. Amendments are not binding unless they are in writing and executed by personnel authorized to bind each respective party. 9. CONTRACT MANAGEMENT Each respective Contract Manager listed on page one is the designated person for the general management of this Contract,to include receiving all communications and notices related to the contract. All correspondence and all legal notices from either party will be deemed as being properly sent to the other party if made by emailing said written communication to the other party's identified Contract Manager. Each party is required to notify the other manager in writing within three business days of any changes to that party's Contract Manager's information. Contract Managers may be changed through administrative notice to the other party, and do not require a full amendment. 10. DISPUTES Parties will request intervention by the Governor,as provided by RCW 43.17.330, in which event the Governor's process will control. 11. DUPLICATION OF BILLED COSTS County shall not bill ESD for costs if County is being paid by another funding source for these same costs. Washington Employment Security Department-E5D Contract#K9067 Page 3 Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 13 of 19 Docusign Envelope ID.ECD12192-FEFF-8E04-8146-972597IA0337 Employment Security Department WASHINGTON STATF P 0 80X 9046,OLYMPIA,WASHINGTON 98507-9046 12.ELECTRONIC SIGNATURES,COUNTERPARTS,AND DELIVERY The parties agree that this Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement; and that electronic signature, or e-signature, of this Agreement shall be the same as execution of an original ink signature; and that E-mail, electronic,or facsimile delivery of a signed copy of this Agreement shall be the same as delivery of an original. 13. GOVERNANCE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue hereunder will be in the Superior Court for Thurston County. In the event of an inconsistency in this Contract, unless otherwise provided, the inconsistency is resolved by giving precedence in the following order: 1. Applicable Federal and Washington State Statutes and Regulations. 2 All terms and conditions herein. 3. Any attachments in their descending alphabetical order. 4. Any other material incorporated herein by written reference. 14.INDEMNIFICATION Each party to this agreement is responsible for its own acts and/or omissions and those of its officers, employees and agents. To the extent permitted by law, each party will hold the other harmless from costs, damages, or expenses arising from this agreement and based upon the negligence or non-compliance of the party. 15. INDEPENDENT CAPACITY Each Party retains its independent capacity as a self-governing public agency under this agreement No additional partnering entity is established herein. 16. INSURANCE REQUIREMENTS Each Party warrants that they are insured under a Self-Insured Liability Pool or have commercial insurance that will protect against any damage claims that might result from performing under this contract. Said insurance must be for such amounts as are prudent and customary for a government entity. 17. RECORDS, DOCUMENTS AND REVIEW Maintenance of Records: Unless otherwise specified in the Contract, all books, records, documents, and other materials relevant to this Agreement will be retained for six(6) years after expiration of this Contract. Each party will utilize reasonable security procedures and protections to assure records and documents provided by the other party are not erroneously disclosed to third parties. Review of Records: County shall grant ESD, and its designees full access to and the right to examine and copy any or all books,records, papers, documents and other material regardless of form or type which are pertinent to the performance of this Contract, or reflect all direct and indirect costs of any nature expended in the performance of this Washington Employment Security Department-ESD Contract#K9067 Page 4 Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 14 of 19 Docusign Envelope ID ECD12192-FEFF-8E04-8146-9725971A0337 Employment Security Deportment WASHINGTON STATE P.O.80X 9046,OLYMPIA,WASHINGTON 98507-9046 Contract.Access must be available at all reasonable times not limited to the required retention period but as long as records are retained,and at no additional cost to ESD. 18.SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of thisAgreement provided that the remaining provisions can be given effect without the illegal or invalid provision 19.TERMINATION AND SUSPENSION ESD, upon providing written notice, may terminate or suspend this Agreement, in whole or in part for convenience, or based upon the potential breach of terms by the County. If this Contract is terminated, ESD shall be liable only for final payment for services rendered or expenses incurred prior to the effective date of termination. 20.WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and does 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. Washington Employment Security Department-ESD Contract#K9067 Page 5 Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 15 of 19 Docusign Envelope ID ECD12192-FEFF-8E04-8146-9725971A0337 r Employment Security Department WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507 9046 EXHIBIT A STATEMENT OF WORK JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE(ACAC) ACCESSIBILITY AT BLUE HERON MIDDLE SCHOOL AND IN THE PORT TOWNSEND COMMUNITY Project Improve ADA accessibility at the Blue Heron Middle School and Port Townsend Community. Overview 1. Blue Heron Middle School(BHMS) is adding an accessible playground and need accessible seating. They would like to purchase two Anova recycled plastic ADA Picnic Tables, added to the BHMS playground. 2. To purchase an Access Trax for student use during field trips and for the public to use at events/festivals and throughout other areas of our community such as trails that are not paved, wetlands such as Snow and Salmon Creek areas, and area beaches. Timeline It will take approximately one year to complete the project. Resources required Cost 9,909.49 Cost is for the budget in Exhibit B Employment Security Department-E5D Contract ti K9067 Page 6 Exhibit A--Statement of Work Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 16 of 19 Docusign Envelope ID ECD12192-FEFF-8E04-8146-9725971A0337 Employment Security Department WASHINGTON STALE P.O.BOX 9046,OI YMPIA,WASHINGTON 98507-9046 EXHIBIT B BUDGET JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) ACCESSIBILITY AT BLUE HERON MIDDLE SCHOOL AND IN THE PORT TOWNSEND COMMUNITY Costs: 1. Two of the Anova recycled plastic ADA Picnic Tables, added to the BHMS playground during the spring of 2026. $3220 for two tables, shipping/handling 1689.98 and tax$461.51. 2. 2 60-foot sections of Access Trax, a total of 40 mats(Trax and accessories at 3160 and shipping and handling estimate at$ 378) 3. Personnel to assemble the items: $1,000. Total: $9,909.49 In-Kind Donations: The Jefferson County Community Tool Library will provide the infrastructure needed to store and loan items to the public. Washington Employment Security Department-ESD Contract#K9067 Page 7 Exhibit B—Budget Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 17 of 19 APPENDIX B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: K9067 DATE: 2 NAME OF SUBRECIPIENT: Port Townsend School District By signing below, I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excludedIaiz from transactions by any Federal, State, or local department or a:enc Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in a connection with obtaining, attempting to obtain, or G1 2 performing a public(Federal, State,or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity Federal, State, or local) with commission of fraud or a criminal offense in connection with obtaining, attempting to Q ZT obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property Subrecipient has not within a 3-year period preceding the csubmission of this Compliance and Risk Monitoring Form p one or more public transactions (Federal, State, or local) terminated for cause or default i aSubrecipient has provided all written reports required by the Ito Agency Contract and this Subrecipient Agreement as of Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 18 of 19 DATE CERTIFICATION ITEM YES NO the submission of this Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it a Q from any government agency since the last certification for its performance related to the Agency Contract Subrecipient certifies that all of the deliverables and other r 1 t_ work required since the last certification have been I ? completed All the work being billed for in the invoice being certified p i by this Compliance and Risk Monitoring Form actually has i been performed, including any timesheet or other backup qI 1 Subrecipient agrees to submit to an audit within 30 days of W a request from the County or the Agency Subrecipient has corrected any deficiencies identified since 4/0 the last certification Signed at City State p(iteri/ci Z V2a2SUBRECIPIENTSIGNATUREfa /t. E WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVALSIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION Accessible Communities Advisory Committee Subrecipient Agreement for Port Townsend School District for ESD Contract K9067. Page 19 of 19 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Auditor Brenda Huntingford Amanda Christofferson,Grants Administrator DATE: J S t 701(0 SUBJECT: Use Agreement for placement of ballot drop box at East Jefferson Fire Rescue, Nordland Fire Station property STATEMENT OF ISSUE: The Auditors office in its duty to support the elections operations for Jefferson County has analyzed necessity,use and condition of ballot drop boxes and determined that it is in the electorates best interest to replace ballot drop boxes in the County. The goals for each ballot drop box location vary some will be replaced with new boxes that are able to hold more ballots, some new boxes will be able to be utilized from a vehicle for those people who are not able to access them on foot, some are being protected with bollards or moved to avoid inadvertent damage. ANALYSIS: This Use Agreement formalizes the relationship between the County and property owners who have agreed to allow the placement of ballot drop boxes on their property in order to best serve the voting precincts electorate. FISCAL IMPACT: There is no fiscal impact associated with this Use Agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a motion to approve of BALLOT DROP BOX PROPERTY USE AGREEMENT for the location on East Jefferson Fire Rescue property at Nordland Fire Station. REVIEWED BY: 6( (o(a`6 Josh . Peters, County Administrator Date f/6ONcb NGrsO BALLOT DROP BOX PROPERTY USE AGREEMENT Between Jefferson County East Jefferson Fire Rescue This Ballot Drop Box Property Use Agreement(hereinafter"Agreement") is made and entered into this_ day of 2026, the date the last party has signed Effective Date"), by and between JEFFERSON COUNTY, a political subdivision of the state of Washington(hereinafter"the County")and East Jefferson Fire Rescue. East Jefferson Fire Rescue and the County may hereinafter be referred to collectively as"Parties"or individually as a"Party." RECITALS WHEREAS, East Jefferson Fire Rescue. owns that certain parcel of real property located at 6633 Flagler Rd., Nordland, WA, Jefferson County, Washington as described in Exhibit A attached hereto and by this reference incorporated herein(hereinafter"Subject Property"); and WHEREAS,the County has purchased a ballot drop box of the type and nature schematically depicted in Exhibit B attached hereto and by this reference incorporated herein (hereinafter "Drop Box") to be installed and used by the County to collect ballots cast by voters in general and special elections conducted by the Auditor of Jefferson County pursuant to Chapter 29A of the Revised Code of Washington; and WHEREAS, East Jefferson Fire Rescue. desires to make available to the County for the installation, use and maintenance of the Drop Box those certain portions of the Subject Property depicted and described in Exhibit A attached hereto and by this reference incorporated herein hereinafter collectively the "Premises"); and WHEREAS, the Revised Code of Washington(RCW)at sections 29A.40.160&29A.40.170 and the Washington Administrative Code (WAC) at section 434-250-100 place certain requirements on the County Auditor regarding the physical locations of unstaffed ballot deposit sites (hereinafter drop boxes")within the County; and WHEREAS,the Parties agree that it is in the best interest of the general public that a ballot drop box should be located in this location, so as to facilitate and encourage public interest in electoral participation by local residents; and 1 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: East Jefferson Fire Rescue Contract No: Ballot Use EJFR,6.2026 Contract For: BALLOT DROP BOX PROPERTY USE AGREEMENT Term: Executed - December 31, 2028 COUNTY DEPARTMENT: Auditors office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.jefferson.wa.us AMOUNT: 0 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure:Competitive Sealed Bid Matching Funds Required:Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # NA RFP or RFQ Munis Org/Obj Other: MOU APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED:I N/A: rQklta.ozda. rAtz2 C/ rL 5/26/2026 Signature [[ Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: 4mvv2c %Ltc2Z 4 449)L 5/26/2026 Signature '( Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/ 5/2026. DPA Luther reviewed and approved on 6- 5-2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 k~() N f. BALLOT DROP BOX PROPERTY USE AGREEMENT Between Jefferson County East Jefferson Fire Rescue This Ballot Drop Box Property Use Agreement(hereinafter"Agreement")is made and entered into this_ day of 2026, the date the last party has signed Effective Date"), by and between JEFFERSON COUNTY, a political subdivision of the state of Washington(hereinafter"the County")and East Jefferson Fire Rescue. East Jefferson Fire Rescue and the County may hereinafter be referred to collectively as"Parties"or individually as a"Party." RECITALS WHEREAS, East Jefferson Fire Rescue. owns that certain parcel of real property located at 6633 Flagler Rd., Nordland, WA, Jefferson County, Washington as described in Exhibit A attached hereto and by this reference incorporated herein(hereinafter"Subject Property");and WHEREAS,the County has purchased a ballot drop box of the type and nature schematically depicted in Exhibit B attached hereto and by this reference incorporated herein (hereinafter "Drop Box") to be installed and used by the County to collect ballots cast by voters in general and special elections conducted by the Auditor of Jefferson County pursuant to Chapter 29A of the Revised Code of Washington; and WHEREAS, East Jefferson Fire Rescue. desires to make available to the County for the installation, use and maintenance of the Drop Box those certain portions of the Subject Property depicted and described in Exhibit A attached hereto and by this reference incorporated herein hereinafter collectively the "Premises"); and WHEREAS, the Revised Code of Washington(RCW) at sections 29A.40.I60&29A.40.l70 and the Washington Administrative Code(WAC) at section 434-250-100 place certain requirements on the County Auditor regarding the physical locations of unstaffed ballot deposit sites (hereinafter drop boxes") within the County; and WHEREAS,the Parties agree that it is in the best interest of the general public that a ballot drop box should be located in this location, so as to facilitate and encourage public interest in electoral participation by local residents; and NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, East Jefferson Fire Rescue. and the County hereby agree as follows: AGREEMENT 1 Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as if fully set forth. 2 Grant of Use Right. East Jefferson Fire Rescue hereby grants to the County,and the County hereby accepts from East Jefferson Fire Rescue the right to use the Subject Property and Premises (elsewhere referred to as the "site"), as described herein, according to the terms, covenants, and conditions set forth in this Agreement. The Subject Property and Premises are hereby identified as the following: Jefferson County Tax Parcel Identifier: 976202002 Physical Address of Location:6633 Flagler Rd.,Nordland, WA Narrative Description of Location of Drop Box: In the parking lot,beside a wildfire risk warning sign. Relevant Photographs or other descriptors of the specific site location are attached hereto, and incorporated by reference, at Exhibit A. 3 Use Period. This Agreement shall commence on the Effective Date and terminate at midnight on December 31,2028 (hereinafter"Use Period"). This agreement shall automatically renew for successive periods of one (1) year, each beginning January 1 and ending December 31 hereinafter each a "Renewal Period"). This agreement may be terminated pursuant to the provisions set forth in the section of this Agreement titled"Duration of this Agreement." 4 Delivery of Use; Acceptance. The County shall be entitled to use of the Premises as of the Effective Date. The County has inspected the Premises and has determined to its complete satisfaction the same are suitable for the uses described in Section 5.1 below. 5 Use of Premises. 5.1 Permitted Uses. The County shall use the Premises for the sole purposes of using, maintaining and removing the Drop Box and for no other uses or purposes without the prior written consent of the East Jefferson Fire Rescue. 5.2 Prohibited Uses.The County shall not use the Premises in violation of any statute, rule,ordinance,permit,order,regulation or code in effect and applicable to any part thereof, nor shall it do or suffer to be done in or about the Premises, or bring into, keep, or suffer to be brought into or kept in or about the Premises, anything that may constitute a waste, hazard, nuisance or unreasonable annoyance to East Jefferson Fire Rescue.or its residents. Separate and apart from this Agreement,the County shall be solely and exclusively responsible for obtaining any regulatory approvals necessary to install the Drop Box. 2 6 County's Responsibilities. 6.1 Maintenance. The County shall, at its sole cost and expense, maintain the Drop Box throughout the Use Period in good repair and in a neat,clean,safe,sanitary and graffiti- free condition. if the Drop Box is breached, damaged, vandalized or defaced in any way, the County shall, in its sole discretion,either re-secure, repair or replace the Drop Box as soon as practicable after receiving notice thereof; or shall terminate this Agreement with thirty (30) days written notice to the East Jefferson Fire Rescue in which case the provisions of Section 14 shall apply. 6.2 Security. The County shall be solely responsible for the security of the Drop Box and its contents. if any threat is made with respect to the Drop Box, such as an incendiary or other device, the County shall, in its sole discretion, determine whether it will be solely responsible for dealing with and resolving that threat or whether the threat should be referred to another agency. 6.3 Collection of Ballots. During the eighteen-day period prior to primary,general and/or special elections, the County shall be responsible for emptying and resealing the Drop Box as required by Section 434-250-100 of the Washington Administration Code. 7 The Port Ludlow Associate's Responsibilities. East Jefferson Fire Rescue shall: 7.1 Exercise due care and caution with respect to the Drop Box while conducting its business operations in and about the Subject Property. 7.2 Notify the County if they become aware of the Drop Box being filled to capacity and no longer capable of accepting ballots: and 7.3 Notify the County immediately if East Jefferson Fire Rescue becomes aware that: 7.3.1 The Drop Box is breached,damaged,vandalized or defaced in any way; and/or 7.3.2 Any threat is made with respect to the Drop Box. 8 Indemnification. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission,negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. In the event of any concurrent act or omission of the Parties,each Party shall pay its proportionate share of any damages awarded. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages,if any,are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs,they shall submit apportionment to binding arbitration. 3 The Parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement. 9 Duration of this Agreement. This Agreement shall remain in effect until either Party unilaterally terminates this Agreement, the parties mutually agree to terminate this agreement, or the agreement expires as set forth above in the Section titled "Use Period." Both Parties acknowledge that County must comply with federal and state laws governing the placement of, and access to, ballot boxes. County may unilaterally terminate the agreement at any time and for any reason by way of written notice to East Jefferson Fire Rescue. County shall have thirty (30) calendar days to remove the ballot box from East Jefferson Fire Rescue's property as measured from East Jefferson Fire Rescue's receipt of County's Notice to Terminate. East Jefferson Fire Rescue may unilaterally terminate this Agreement upon ninety (90) calendar days written notice to County. Upon receiving a valid Notice of Termination, County shall have ninety(90)calendar days to remove the ballot box from East Jefferson Fire Rescue's property. Upon notification by either party to terminate, both Parties agree to work in good-faith to schedule an appropriate date and time to remove the ballot box from East Jefferson Fire Rescue's property. East Jefferson Fire Rescue shall not attempt to remove the ballot box. Termination of this Agreement by either Party does not affect or diminish any authority exercised prior to the effective date of such termination. Termination shall not relieve either party of its obligation in Section 8 to indemnify the other Party. 10 Relocation of Site.Both parties to this agreement acknowledge that a request to relocate the agreed upon site for placement of the Drop Box could significantly frustrate the County's ability to comply with state and federal election law requirements if notice is not provided within a period of time sufficient to allow the County to identify an alternate, legally compliant site. For those reasons, East Jefferson Fire Rescue shall provide written notice to County of its desire to relocate the Drop Box no later than sixty (60) calendar days prior to the occurrence of any election for which the Drop Box may be used. County shall make all reasonable attempts to facilitate East Jefferson Fire Rescue's request. However, if County is unable to identify an alternate, legally compliant site or if relocation of the site would result in voter confusion, then County will be forced to reject the request. Rejection of the request to terminate this agreement or relocate the site shall not be considered anticipatory or actual breach of contract by County. Nothing in this section shall be interpreted to alter the 90 day notice requirement under the section titled: Duration of this Agreement. 11 No Joint Acquisition of Property. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each party will remain the sole owner of its own property. 12 Default; Remedies. In the event of a default under this Agreement, either Party may pursue any remedy allowed by law. 4 13 Waiver. Failure by either Party to promptly enforce any right under this Agreement shall not operate as a waiver of such right with respect to any future default. 14 Notices. Any notices required or desired to be given shall be given in writing by electronic mail and U.S. Mail to the person(s) set forth below: To East Jefferson Fire and Rescue: Attn: Brett Black, Fire Chief 24 Seton Rd Port Townsend, WA 98368 Telephone:360-381-0292 Email: bblack@ejfr.org To the County: Jefferson County Auditor Attn: Brenda Huntingford PO Box 563 Port Townsend,WA 98368 Telephone: 3 60-3 8 5-9118 Email: BHuntingford@co.jefferson.wa.us Copy to: Jefferson County Commissioners PO Box 1220 Port Townsend,WA 98368 Telephone: (360) 385-9100 Emai 1:jeffbocc@co.jefferson.wa.us Any Party, by written notice to the other in the manner herein provided, may designate contact information different from that set forth above. 15 Counterparts. This Agreement may be signed in one or more counterparts, which taken together shall constitute the complete agreement between the Parties, and signatures to this Agreement by the Parties transmitted via facsimile or electronically by email shall be acceptable and binding. 16 Prior Agreements; Modification. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned herein and no prior agreement, letter of intent,negotiation or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be modified, amended, or added to,except by an agreement in writing signed by the Parties or their respective successors in interest. 17 Vacation of Premises. Upon expiration or earlier termination of the Agreement, the County shall: (a) remove the Drop Box and any associated mounting hardware from the Premises; and(b) leave the Premises in a neat, clean, safe and sanitary condition. 5 18 Severability. Any provision of this Agreement that found to be invalid,void,or illegal shall in no way affect, impair,or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 19 Governing Law;Venue.This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Washington. The venue of any action between the Parties relating to the subject matter of this Agreement shall be in the Superior Court for Jefferson County, Washington. SIGNATURES ON NEXT PAGE] 6 BOARD OF EAST JEFFERSON FIRE RESCUE COMMISSIONERS JEFFERSON COUNTY cfv:ra. Greg Brotherton,Chair Bret Black, President, or designee Heidi Eisenhour,Commissioner Heather Dudley-Nolette,Commissioner ATTEST: Carolyn Gallaway,Clerk of the Board Date: APPROVED: Brenda Huntingford Jefferson County Auditor APPROVED AS TO FORM: 4111111 06-05-2026 Jer iah`:. Luther Deputy Prosecuting Attorney Jefferson County Prosecutor's Office Exhibit A Nordland Fire Station 6633 Fla,ler Rd., Nordland In the parkin= lot, at the location hi Thlk:hted in purple. f-- 2 r l ary Exhibit B 4 7 ** itio official Blot 60` JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Auditor Brenda Huntingford Amanda Christofferson,Grants Administrator DATE: ufRre_ St Z1-2- SUBJECT: Use Agreement for placement of ballot drop box at Jefferson County Library property STATEMENT OF ISSUE: The Auditors office in its duty to support the elections operations for Jefferson County has analyzed necessity,use and condition of ballot drop boxes and determined that it is in the electorates best interest to replace ballot drop boxes in the County. The goals for each ballot drop box location vary some will be replaced with new boxes that are able to hold more ballots,some new boxes will be able to be utilized from a vehicle for those people who are not able to access them on foot, some are being protected with bollards or moved to avoid inadvertent damage. ANALYSIS: This Use Agreement formalizes the relationship between the County and property owners who have agreed to allow the placement of ballot drop boxes on their property in order to best serve the voting precincts electorate. FISCAL IMPACT: There is no fiscal impact associated with this Use Agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a motion to approve of BALLOT DROP BOX PROPERTY USE AGREEMENT for the location on Jefferson County Library property. REVIEWED BY: 0P 410 19JoshD. Peters,County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Library Contract No: Ballot Use JCL 06.2026 Contract For: BALLOT DROP BOX PROPERTY USE AGREEMENT Term: Executed - December 31, 2028 COUNTY DEPARTMENT: Auditors Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.jefferson.wa.us AMOUNT: 0 PROCESS: _ Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# NA RFP or RFQ Munis Org/Obj Other:Contract APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: n N/A:n 4y.14a4- ez, fit G B!/srL 5/26/2026 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: ri 4y (/- -/ 5/26/2026 Signature C Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/5/2026. DPA Luther reviewed and approved on 6- 5-2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 C N ( 0 t o.4INC3' BALLOT DROP BOX PROPERTY USE AGREEMENT Between Jefferson County Jefferson County Library This Ballot Drop Box Property Use Agreement(hereinafter"Agreement")is made and entered into this 1 0th day of June 2026, the date the last party has signed Effective Date"), by and between JEFFERSON COUNTY, a political subdivision of the state of Washington (hereinafter "the County") and JEFFERSON COUNTY LIBRARY. Jefferson County Library and the County may hereinafter be referred to collectively as "Parties" or individually as a Party. RECITALS WHEREAS,Jefferson County Library.owns that certain parcel of real property located at 620 Cedar Ave., Port Hadlock, WA, Jefferson County, Washington as described in Exhibit A attached hereto and by this reference incorporated herein(hereinafter"Subject Property");and WHEREAS,the County has purchased a ballot drop box of the type and nature schematically depicted in Exhibit B attached hereto and by this reference incorporated herein (hereinafter "Drop Box") to be installed and used by the County to collect ballots cast by voters in general and special elections conducted by the Auditor of Jefferson County pursuant to Chapter 29A of the Revised Code of Washington; and WHEREAS, Jefferson County Library. desires to make available to the County for the installation, use and maintenance of the Drop Box those certain portions of the Subject Property depicted and described in Exhibit A attached hereto and by this reference incorporated herein hereinafter collectively the "Premises"); and WHEREAS, the Revised Code of Washington(RCW)at sections 29A.40.160&29A.40.170 and the Washington Administrative Code (WAC) at section 434-250-100 place certain requirements on the County Auditor regarding the physical locations of unstaffed ballot deposit sites (hereinafter drop boxes")within the County; and WHEREAS,the Parties agree that it is in the best interest of the general public that a ballot drop box should be located in this location, so as to facilitate and encourage public interest in electoral participation by local residents; and NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Jefferson County Library. and the County hereby agree as follows: AGREEMENT 1 Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as if fully set forth. 2 Grant of Use Right.Jefferson County Library hereby grants to the County, and the County hereby accepts from Jefferson County Library the right to use the Subject Property and Premises (elsewhere referred to as the "site"), as described herein, according to the terms, covenants, and conditions set forth in this Agreement. The Subject Property and Premises are hereby identified as the following: Jefferson County Tax Parcel Identifier: 901023018 Physical Address of Location: 620 Cedar Ave., Port Hadlock, WA Narrative Description of Location of Drop Box: In a parking lot, in a drive circle nest door to a book return drop box. Relevant Photographs or other descriptors of the specific site location are attached hereto, and incorporated by reference, at Exhibit A. 3 Use Period. This Agreement shall commence on the Effective Date and terminate at midnight on December 31,2028 (hereinafter"Use Period"). This agreement shall automatically renew for successive periods of one (1) year, each beginning January 1 and ending December 31 hereinafter each a "Renewal Period"). This agreement may be terminated pursuant to the provisions set forth in the section of this Agreement titled"Duration of this Agreement." 4 Delivery of Use; Acceptance. The County shall be entitled to use of the Premises as of the Effective Date. The County has inspected the Premises and has determined to its complete satisfaction the same are suitable for the uses described in Section 5.1 below. 5 Use of Premises. 5.1 Permitted Uses. The County shall use the Premises for the sole purposes of using, maintaining and removing the Drop Box and for no other uses or purposes without the prior written consent of the Jefferson County Library. 5.2 Prohibited Uses.The County shall not use the Premises in violation of any statute, rule,ordinance,permit,order,regulation or code in effect and applicable to any part thereof, nor shall it do or suffer to be done in or about the Premises, or bring into, keep, or suffer to be brought into or kept in or about the Premises, anything that may constitute a waste, hazard, nuisance or unreasonable annoyance to Jefferson County Library. or its residents. Separate and apart from this Agreement, the County shall be solely and exclusively responsible for obtaining any regulatory approvals necessary to install the Drop Box. 2 6 County's Responsibilities. 6.1 Maintenance. The County shall, at its sole cost and expense, maintain the Drop Box throughout the Use Period in good repair and in a neat,clean,safe,sanitary and graffiti- free condition. If the Drop Box is breached, damaged, vandalized or defaced in any way,the County shall,in its sole discretion,either re-secure,repair or replace the Drop Box as soon as practicable after receiving notice thereof; or shall terminate this Agreement with thirty(30)days written notice to the Jefferson County Library in which case the provisions of Section 14 shall apply. 6.2 Security. The County shall be solely responsible for the security of the Drop Box and its contents. If any threat is made with respect to the Drop Box, such as an incendiary or other device, the County shall, in its sole discretion, determine whether it will be solely responsible for dealing with and resolving that threat or whether the threat should be referred to another agency. 6.3 Collection of Ballots. During the eighteen-day period prior to primary,general and/or special elections,the County shall be responsible for emptying and resealing the Drop Box as required by Section 434-250-100 of the Washington Administration Code. 7 The Port Ludlow Associate's Responsibilities. Jefferson County Library shall: 7.1 Exercise due care and caution with respect to the Drop Box while conducting its business operations in and about the Subject Property. 7.2 Notify the County if they become aware of the Drop Box being filled to capacity and no longer capable of accepting ballots; and 7.3 Notify the County immediately if Jefferson County Library becomes aware that: 7.3.1 The Drop Box is breached, damaged,vandalized or defaced in any way; and/or 7.3.2 Any threat is made with respect to the Drop Box. 8 Indemnification. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission,negligent or otherwise,of its elected and appointed officials, employees, agents or volunteers. In the event of any concurrent act or omission of the Parties,each Party shall pay its proportionate share of any damages awarded. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages,if any,are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs,they shall submit apportionment to binding arbitration. 3 The Parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement. 9 Duration of this Agreement. This Agreement shall remain in effect until either Party unilaterally terminates this Agreement, the parties mutually agree to terminate this agreement, or the agreement expires as set forth above in the Section titled "Use Period." Both Parties acknowledge that County must comply with federal and state laws governing the placement of, and access to,ballot boxes. County may unilaterally terminate the agreement at any time and for any reason by way of written notice to Jefferson County Library. County shall have thirty (30) calendar days to remove the ballot box from Jefferson County Library's property as measured from Jefferson County Library's receipt of County's Notice to Terminate. Jefferson County Library may unilaterally terminate this Agreement upon ninety (90) calendar days written notice to County. Upon receiving a valid Notice of Termination, County shall have ninety(90)calendar days to remove the ballot box from Jefferson County Library's property. Upon notification by either party to terminate, both Parties agree to work in good-faith to schedule an appropriate date and time to remove the ballot box from Jefferson County Library's property. Jefferson County Library shall not attempt to remove the ballot box. Termination of this Agreement by either Party does not affect or diminish any authority exercised prior to the effective date of such termination. Termination shall not relieve either party of its obligation in Section 8 to indemnify the other Party. 10 Relocation of Site.Both parties to this agreement acknowledge that a request to relocate the agreed upon site for placement of the Drop Box could significantly frustrate the County's ability to comply with state and federal election law requirements if notice is not provided within a period of time sufficient to allow the County to identify an alternate, legally compliant site. For those reasons, Jefferson County Library shall provide written notice to County of its desire to relocate the Drop Box no later than sixty (60) calendar days prior to the occurrence of any election for which the Drop Box may be used. County shall make all reasonable attempts to facilitate Jefferson County Library's request. However, if County is unable to identify an alternate, legally compliant site or if relocation of the site would result in voter confusion, then County will be forced to reject the request. Rejection of the request to terminate this agreement or relocate the site shall not be considered anticipatory or actual breach of contract by County. Nothing in this section shall be interpreted to alter the 90 day notice requirement under the section titled: Duration of this Agreement. 11 No Joint Acquisition of Property. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each party will remain the sole owner of its own property. 12 Default; Remedies. In the event of a default under this Agreement, either Party may pursue any remedy allowed by law. 4 13 Waiver. Failure by either Party to promptly enforce any right under this Agreement shall not operate as a waiver of such right with respect to any future default. 14 Notices. Any notices required or desired to be given shall be given in writing by electronic mail and U.S. Mail to the person(s) set forth below: To Jefferson County Library: Attn: Library Director 620 Cedar Ave. Port Hadlock, WA 98339 Telephone:360-301-8343 Email: director@jclibrary.info To the County: Jefferson County Auditor Attn: Brenda Huntingford PO Box 563 Port Townsend,WA 98368 Telephone: 360-385-9118 Email: BHuntingford@cojefferson.wa.us Copy to: Jefferson County Commissioners PO Box 1220 Port Townsend, WA 98368 Telephone: (360) 385-9100 Emai 1:jeffbocc@co.jefferson.wa.us Any Party, by written notice to the other in the manner herein provided, may designate contact information different from that set forth above. 15 Counterparts. This Agreement may be signed in one or more counterparts, which taken together shall constitute the complete agreement between the Parties, and signatures to this Agreement by the Parties transmitted via facsimile or electronically by email shall be acceptable and binding. 16 Prior Agreements; Modification. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned herein and no prior agreement, letter of intent,negotiation or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be modified,amended, or added to,except by an agreement in writing signed by the Parties or their respective successors in interest. 17 Vacation of Premises. Upon expiration or earlier termination of the Agreement, the County shall: (a) remove the Drop Box and any associated mounting hardware from the Premises; and(b) leave the Premises in a neat, clean, safe and sanitary condition. 5 18 Severability. Any provision of this Agreement that found to be invalid,void,or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 19 Governing Law;Venue.This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Washington. The venue of any action between the Parties relating to the subject matter of this Agreement shall be in the Superior Court for Jefferson County, Washington. SIGNATURES ON NEXT PAGE] 6 BOARD OF JEFFERSON COUNTY LIBRARY COMMISSIONERS JEFFERSON COUNTY Greg Brotherton,Chair Annie Scott,President, or designee Heidi Eisenhour, Commissioner Heather Dudley-Nolette,Commissioner ATTEST: Carolyn Gallaway, Clerk of the Board Date: APPROVED: Brenda Huntingford Jefferson County Auditor APPROVED AS TO FORM: 06-05-2026 Jeremiah c. Luther Deputy Prosecuting Attorney Jefferson County Prosecutor's Office Exhibit A 620 Cedar Ave.,Port Hadlock,Jefferson County,Washington In the I arkin• lot, near to a libra book drop box EZralgul 1-741/4111411 Exhibit B OP i JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Auditor Brenda Huntingford Amanda Christofferson,Grants Administrator DATE: V V1 e 4 C, 2,0-2,(o SUBJECT: Use Agreement for placement of ballot drop box on Port Ludlow Associates,LLC. property STATEMENT OF ISSUE: The Auditors office in its duty to support the elections operations for Jefferson County has analyzed necessity,use and condition of ballot drop boxes and determined that it is in the electorates best interest to replace ballot drop boxes in the County. The goals for each ballot drop box location vary some will be replaced with new boxes that are able to hold more ballots, some new boxes will be able to be utilized from a vehicle for those people who are not able to access them on foot, some are being protected with bollards or moved to avoid inadvertent damage. ANALYSIS: This Use Agreement formalizes the relationship between the County and property owners who have agreed to allow the placement of ballot drop boxes on their property in order to best serve the voting precincts electorate. FISCAL IMPACT: There is no fiscal impact associated with this Use Agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners make a motion to approve of BALLOT DROP BOX PROPERTY USE AGREEMENT for the location on Port Ludlow Associates, LLC property. REVIEWED BY: Jos e%. Peters,County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Port Ludlow Associates,LLC. Contract No: Ballot Use PLA.6.2026 Contract For: BALLOT DROP BOX PROPERTY USE AGREEMENT Term: Executed- December 31, 2028 COUNTY DEPARTMENT: Auditors Office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.jefferson.wa.us PROCESS: — AMOUNT: 0 Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# NA RFP or RFQ Munis Org/Obj Other:Use Agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: cQkm.rza iv eJA% Wf-ArP 5/20/2026 Signature ((/ Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: I: 4krtaat z z. [-/iit 3C,/U if 5/20/2026 Signature C Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/ 5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/5/2026. DPA Luther reviewed and approved on 6-5-2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 1SNI NO' BALLOT DROP BOX PROPERTY USE AGREEMENT Between Jefferson County Port Ludlow Associates,LLC This Ballot Drop Box Property Use Agreement(hereinafter"Agreement")is made and entered into this_ day of 2026, the date the last party has signed Effective Date"), by and between JEFFERSON COUNTY, a political subdivision of the state of Washington (hereinafter "the County") and PORT LUDLOW ASSOCIATES, LLC. Port Ludlow Associates,LLC and the County may hereinafter be referred to collectively as"Parties"or individually as a"Party." RECITALS WHEREAS, Port Ludlow Associates, LLC owns that certain parcel of real property located at 60 Paradise Bay Rd, Port Ludlow, WA, Jefferson County, Washington as described in Exhibit A attached hereto and by this reference incorporated herein(hereinafter"Subject Property"); and WHEREAS,the County has purchased a ballot drop box of the type and nature schematically depicted in Exhibit B attached hereto and by this reference incorporated herein (hereinafter "Drop Box") to be installed and used by the County to collect ballots cast by voters in general and special elections conducted by the Auditor of Jefferson County pursuant to Chapter 29A of the Revised Code of Washington; and WHEREAS, Port Ludlow Associates, LLC desires to make available to the County for the installation, use and maintenance of the Drop Box those certain portions of the Subject Property depicted and described in Exhibit A attached hereto and by this reference incorporated herein hereinafter collectively the "Premises"); and WHEREAS, the Revised Code of Washington(RCW)at sections 29A.40.160&29A.40.170 and the Washington Administrative Code (WAC) at section 434-250-100 place certain requirements on the County Auditor regarding the physical locations of unstaffed ballot deposit sites (hereinafter drop boxes")within the County; and WHEREAS,the Parties agree that it is in the best interest of the general public that a ballot drop box should be located in this location, so as to facilitate and encourage public interest in electoral participation by local residents; and 1 NOW, THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Port Ludlow Associates, LLC and the County hereby agree as follows: AGREEMENT 1 Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as if fully set forth. 2 Grant of Use Right.Port Ludlow Associates,LLC hereby grants to the County,and the County hereby accepts from Port Ludlow Associates, LLC the right to use the Subject Property and Premises (elsewhere referred to as the "site"), as described herein, according to the terms, covenants, and conditions set forth in this Agreement. The Subject Property and Premises are hereby identified as the following: Jefferson County Tax Parcel Identifier: 821171001 Physical Address of Location: 60 Paradise Bay Rd, Port Ludlow, WA Narrative Description of Location of Drop Box: In the parking servicing the Port Ludlow Village Store and Molcajete restaurant. Directly across from the front entrance to Molcajete restaurant and directly adjacent to a USPS mail drop box and PUD Utility Rate drop box. Relevant Photographs or other descriptors of the specific site location are attached hereto, and incorporated by reference, at Exhibit A. 3 Use Period. This Agreement shall commence on the Effective Date and terminate at midnight on December 31,2028 (hereinafter"Use Period"). This agreement shall automatically renew for successive periods of one (1) year, each beginning January 1 and ending December 31 hereinafter each a "Renewal Period"). This agreement may be terminated pursuant to the provisions set forth in the section of this Agreement titled"Duration of this Agreement." 4 Delivery of Use; Acceptance. The County shall be entitled to use of the Premises as of the Effective Date. The County has inspected the Premises and has determined to its complete satisfaction the same are suitable for the uses described in Section 5.1 below. 5 Use of Premises. 5.1 Permitted Uses. The County shall use the Premises for the sole purposes of using, maintaining and removing the Drop Box and for no other uses or purposes without the prior written consent of the Port Ludlow Associates, LLC. 5.2 Prohibited Uses.The County shall not use the Premises in violation of any statute, rule,ordinance,permit,order,regulation or code in effect and applicable to any part thereof, nor shall it do or suffer to be done in or about the Premises, or bring into, keep, or suffer to be brought into or kept in or about the Premises, anything that may constitute a waste, hazard, nuisance or unreasonable annoyance to Port Ludlow Associates, LLC, its licensees and customers. Separate and apart from this Agreement, the County shall be solely and exclusively responsible for obtaining 2 any regulatory approvals necessary to install the Drop Box. 6 County's Responsibilities. 6.1 Maintenance. The County shall, at its sole cost and expense, maintain the Drop Box throughout the Use Period in good repair and in a neat,clean,safe,sanitary and graffiti- free condition. If the Drop Box is breached, damaged, vandalized or defaced in any way,the County shall,in its sole discretion,either re-secure,repair or replace the Drop Box as soon as practicable after receiving notice thereof; or shall terminate this Agreement with thirty (30) days written notice to the Port Ludlow Associates, LLC in which case the provisions of Section 14 shall apply. 6.2 Security. The County shall be solely responsible for the security of the Drop Box and its contents. If any threat is made with respect to the Drop Box, such as an incendiary or other device, the County shall, in its sole discretion, determine whether it will be solely responsible for dealing with and resolving that threat or whether the threat should be referred to another agency. 6.3 Collection of Ballots. During the eighteen-day period prior to primary,general and/or special elections,the County shall be responsible for emptying and resealing the Drop Box as required by Section 434-250-100 of the Washington Administration Code. 7 Port Ludlow Associate's Responsibilities. Port Ludlow Associates,LLC shall: 7.1 Exercise due care and caution with respect to the Drop Box while conducting its business operations in and about the Subject Property. 7.2 Notify the County if they become aware of the Drop Box being filled to capacity and no longer capable of accepting ballots; and 7.3 Notify the County immediately if Port Ludlow Associates, LLC becomes aware that: 7.3.1 The Drop Box is breached,damaged, vandalized or defaced in any way; and/or 7.3.2 Any threat is made with respect to the Drop Box. 8 Indemnification. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers,harmless from and against any and all claims,damages,losses and expenses,including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. In the absence of any willful/wanton negligence or intentional act by Port Ludlow Associates, LLC, Port Ludlow Associates, LLC shall not be liable for any damage to the Drop Box itself, its contents, or any claims arising from its use by voters or the public. 3 In the event of any concurrent act or omission of the Parties,each Party shall pay its proportionate share of any damages awarded. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages,if any,are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. The Parties agree all indemnity obligations shall survive the completion,expiration or termination of this Agreement. 9 Duration of this Agreement. This Agreement shall remain in effect until either Party unilaterally terminates this Agreement, the parties mutually agree to terminate this agreement, or the agreement expires as set forth above in the Section titled "Use Period." Both Parties acknowledge that County must comply with federal and state laws governing the placement of,and access to,ballot boxes. County may unilaterally terminate the agreement at any time and for any reason by way of written notice to Port Ludlow Associates, LLC. County shall have thirty (30) calendar days to remove the ballot box from Port Ludlow Associates, LLC's property as measured from Port Ludlow Associates, LLC's receipt of County's Notice to Terminate. Port Ludlow Associates, LLC may unilaterally terminate this Agreement upon ninety (90) calendar days written notice to County. Upon receiving a valid Notice of Termination, County shall have ninety (90) calendar days to remove the ballot box from Port Ludlow Associates, LLC's property. Upon notification by either party to terminate, both Parties agree to work in good-faith to schedule an appropriate date and time to remove the ballot box from Port Ludlow Associates, LLC's property. Port Ludlow Associates,LLC shall not attempt to remove the ballot box nor shall it solicit another to remove the ballot box without express, written authorization of County. Termination of this Agreement by either Party does not affect or diminish any authority exercised prior to the effective date of such termination. Termination shall not relieve either party of its obligation in Section 8 to indemnify the other Party. 10 Relocation of Site.Both parties to this agreement acknowledge that a request to relocate the agreed upon site for placement of the Drop Box could significantly frustrate the County's ability to comply with state and federal election law requirements if notice is not provided within a period of time sufficient to allow the County to identify an alternate, legally compliant site. For those reasons, Port Ludlow Associates, LLC shall provide written notice to County of its desire to relocate the Drop Box no later than sixty (60) calendar days prior to the occurrence of any election for which the Drop Box may be used. County shall make all reasonable attempts to facilitate Port Ludlow Associates, LLC's request. However, if County is unable to identify an alternate, legally compliant site or if relocation of the site would result in voter confusion,then County will be forced to reject the request. Rejection of the request to terminate this agreement or relocate the site shall not be considered anticipatory or actual breach of contract by County.Nothing in this section shall be interpreted to alter the 90 day notice requirement under the section titled: Duration of this Agreement. 4 11 No Joint Acquisition of Property. This Agreement does not contemplate the joint acquisition of property by the Parties. At termination, each party will remain the sole owner of its own property. 12 Default; Remedies. In the event of a default under this Agreement, either Party may pursue any remedy allowed by law. 13 Waiver. Failure by either Party to promptly enforce any right under this Agreement shall not operate as a waiver of such right with respect to any future default. 14 Notices. Any notices required or desired to be given shall be given in writing by electronic mail and U.S. Mail to the person(s) set forth below: To Port Ludlow Associates,LLC: Attn: Diana Smeland 70 Breaker Lane Port Ludlow, WA 98365 Telephone: 360-437-8342 Email: dsmeland(a portludlowassociates.com Copy to: Port Ludlow Associates,LLC Attn: Accounting Manager 70 Breaker Lane Port Ludlow, WA 98365 Telephone: 360-437-2101 To the County: Jefferson County Auditor Attn: Brenda Huntingford PO Box 563 Port Townsend,WA 98368 Telephone: 360-385-9118 Email: BHuntingford@co.jefferson.wa.us Copy to: Jefferson County Commissioners PO Box 1220 Port Townsend, WA 98368 Telephone: (360) 385-9100 Emai 1:jeffbocc@co.jefferson.wa.us Any Party, by written notice to the other in the manner herein provided, may designate contact information different from that set forth above. 5 15 Counterparts. This Agreement may be signed in one or more counterparts, which taken together shall constitute the complete agreement between the Parties, and signatures to this Agreement by the Parties transmitted via facsimile or electronically by email shall be acceptable and binding. 16 Prior Agreements; Modification. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned herein and no prior agreement, letter of intent, negotiation or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be modified,amended, or added to,except by an agreement in writing signed by the Parties or their respective successors in interest. 17 Vacation of Premises. Upon expiration or earlier termination of the Agreement,the County shall: (a) remove the Drop Box and any associated mounting hardware from the Premises; and(b) leave the Premises in a neat, clean, safe and sanitary condition. 18 Severability. Any provision of this Agreement that found to be invalid,void,or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 19 Governing Law;Venue.This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Washington. The venue of any action between the Parties relating to the subject matter of this Agreement shall be in the Superior Court for Jefferson County, Washington. SIGNATURES ON NEXT PAGE] 6 BOARD OF PORT LUDLOW ASSOCIATES, LLC COMMISSIONERS JEFFERSON COUNTY Greg Brotherton,Chair Diana Smeland,President Heidi Eisenhour, Commissioner Heather Dudley-Nolette,Commissioner ATTEST: Carolyn Gallaway,Clerk of the Board Date: APPROVED: Brenda Huntingford Jefferson County Auditor APPROVED AS TO FORM: ir1 06-05-2026 Jeremiah B. Luther Deputy Prosecuting Attorney Jefferson County Prosecutor's Office 7 Exhibit A 60 Paradise Bay Rd.,Port Ludlow, WA In the parking lot,beside a USPS box and PUD Utility Rate box. I111le 0 MP a r pti. w Exhibit B O icial 14 Ballot 9110A MIN OW, 1 NMI 11il1,1 ri it IION DM lop Bo` 9 91 Bg,4,1k>Op., M w. 7 ON co0 2 DRAFT i„ ,, o+i„„... MINUTES Jefferson County Board of County Commissioners Regular Meeting — May 11, 2026, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA (Hybrid) AI use acknowledgment: Portions of the meeting transcript were summarized using AI and incorporated into this document.All AI-assisted content was reviewed and edited by staff before publication. CALL TO ORDER: Chair Greg Brotherton, Commissioner Heidi Eisenhour and Commissioner Heather Dudley-Nollette participated in the meeting. Chair Brotherton called the meeting to order at the appointed time and played a tune on a mando banjo. PUBLIC COMMENT PERIOD: Chair Brotherton called for public comments, and five comments were received. The Commissioners addressed the comments. UPDATE re: Moderate Fire Risk Declaration: Department of Community Development(DCD) Director/Fire Marshal Jeremy Williammee and Deputy Fire Marshal Brian Tracer were present to brief the Board on the move from a moderate fire danger level earlier than usual due to unusually dry conditions, low snowpack, and forecasts of 45 days without measurable rain. The moderate fire danger level bans yard debris burning while warning that high fire danger restrictions- which will include bans on campfires and fireworks—may arrive before July 1, 2026. PROCLAMATION re: Proclaiming May 2026 as Building Safety Month: After all three Commissioners read aloud the proclamation, Commissioner Dudley-Nollette moved to approve the proclamation. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. DCD Administrative Services Manager Chelsea Pronovost and Building Inspector Brandon Brown were present and thanked the Commissioners for their support. They commented on the work their department does for the community. County Administrator Josh Peters and the Commissioners elaborated on the great work done by the building team over at DCD. PROCLAMATION re: Declaring the Week of May 10-16,2026 as National Police Week and Observe May 15,2026 as Peace Officer's Memorial Day: After all three Commissioners read aloud the proclamation, Commissioner Dudley-Nollette moved to approve the proclamation. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. Sheriff Andy Pernsteiner and Port Townsend Police Department Detective Jason Greenspane were present for the proclamation and thanked the Commissioners for the acknowledgment. The Commissioners thanked law enforcement for the services they provide in the City of Port Townsend and the County. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Eisenhour moved to approve the Consent Agenda as presented. Commissioner Dudley-Nollette seconded the motion which carried by a unanimous vote. Commissioner Dudley-Nollette highlighted an 1 Commissioners Meeting Minutes of May 11, 2026 D R A F T excerpt from the Transportation Benefit District report(Consent Agenda Item No. 5). 1. AGREEMENT re: Thriving Communities Small Grants Program; Community Opportunity Fair; $500; Port Ludlow Village Council (PLVC) 2. AGREEMENT,Amendment No. 1 re: Landes Terrace Project; Change in scope; County Administrator's Office; Habitat for Humanity of East Jefferson County 3. AGREEMENT,Amendment No. 13 re: Consolidated Contracts; Additional $101,206 for a total of$6,280,284; Public Health; Washington State Department of Health 4. AGREEMENT,Change Order No. 16 re: Phase 2 Water Reclamation Plant for the PHUGA, Project No. 405-2114-0, Commerce Project No. 22-96515-026; Increase of$10,712,377.70 to 10,733,767.64; Public Works; Washington State Department of Commerce 5. APPROVAL OF REPORT re: 2025 Transportation Benefit District Annual Report 6. APPROVAL OF LICENSE re: Public Right-of-Way along Upper Hoh Road; Public Works; Washington Coast Sustainable Salmon Foundation 7. ADVISORY BOARD APPOINTMENT re: Law Enforcement Officers and Firefighters LEOFF)-I Disability Retirement Board; Law enforcement representative—Sheriff Andy Pernsteiner 8. ADVISORY BOARD APPOINTMENT (3)re: Jefferson County Tourism Coordinating Council (TCC); Diane Smeland, Port Ludlow Representative; Marsha Massey, Regional Marketing DMO Representative; Amy Neil, West End Representative 9.ADVISORY COMMITTEE RESIGNATION re: Jefferson County Marine Resources Committee; District 2 NWSC Representative—Jeff Taylor 10. APPROVAL OF PAYROLL WARRANTS: Dated May 5, 2026 and totaling $2,565,959.05, Dated May 5, 2026 and totaling $186,889.20 (Sound Health), and Dated May 7, 2026 and totaling $285.44 11. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 5, 2026 and totaling 6,500 COMMISSIONERS' BRIEFING SESSION: Commissioner Dudley-Nollette started discussing recent meetings she attended, which turned into a broader discussion about the Tourism Coordinating Committee. HEARING re: Additional 2026 Budget Appropriations; Various County Departments: Finance Director Judy Shepherd reviewed the Budget appropriation requests which included: 1) Elections Department: ballot boxes, installation, and Microsoft 365 license renewal; and 2) Public Works: Salaries and benefits, insurance and utilities to keep Parks and Recreation programs funded through the end of the year. Chair Brotherton opened the floor to allow for hearing testimony, and the following individual provided testimony: Tom Thiersch—Jefferson County. After deliberations, Commissioner Dudley-Nollette moved to approve RESOLUTION NO. 26-0511- 26R re: Approving 2026 Additional Budget Appropriations for various County Departments. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. COMMISSIONERS' BRIEFING SESSION- Continued: Finance Director Judy Shepherd reviewed responsibilities of the County—through LTAC—approving an electronic sign as you 2 DRAFT Commissioners Meeting Minutes of May 11, 2026 come into Jefferson County. LTAC Chair Dudley-Nollette stated that they will add this as an agenda item at their upcoming May 19, 2026 Special Meeting. WORKSHOP re: Connectivity Summit debrief: The Production Alliance (TPA) Director Daniel Milholland was present to review the recent Connectivity Summit. He explained that it was an ambitious and largely successful three-day community event that brought together students, nonprofits,artists, civic leaders, and residents through workshops, networking,youth engagement, art- making, and collaborative activities. Feedback received highlighted the welcoming atmosphere, meaningful partnerships formed, and strong youth participation, including internships and cross- community connections. He acknowledged challenges with communication, parking logistics, limited organization table space, and balancing accessibility across districts. The event generated lasting resources such as community directories, workshop recordings, a community cookbook, and plans for future follow-up engagement. The discussion focused on how to improve and evolve future summits, including ideas for rotating events through different districts,hosting more district-specific conversations and workshops, and creating clearer themes around resilience,preparedness, and collaborative problem-solving. The Commissioners emphasized that the summit supports the County's strategic goals around civic engagement and community resilience, and they expressed interest in refining rather than abandoning the model,with plans already underway for future events such as the Rhododendron Festival Family Reunion and All-County Preparedness Day. WORKSHOP re: Surveys Design and Frequency update: This item was tabled for a future meeting. The meeting was recessed at 12:02 p.m. and reconvened at 1:32 p.m. with Commissioner Eisenhour and Commissioner Dudley-Nollette present. Chair Brotherton joined the Executive Session when it began. EXECUTIVE SESSION: An Executive Session was scheduled from 1:30 p.m. to 2:00 p.m. Commissioner Eisenhour announced that the Executive Session will be held from 1:32 p.m. to 2:02 p.m. regarding Attorney-Client Privilege, Potential/Actual Litigation under exemption RCW 42.30.110(1)(i)as outlined in the Open Public Meetings Act. Staff present: County Administrator, Chief Civil Deputy Prosecuting Attorney (DPA), and Prosecuting Attorney. The Board resumed the regular meeting at 2:03 p.m. Chair Brotherton resumed Chairing and announced that the Board will be extending the Executive Session from 2:03 p.m. to 2:25 p.m. The Board concluded the Executive Session and resumed the regular meeting at 2:28 p.m. There was no proposed action, and therefore no public comment taken on this topic. DISCUSSION re: Opportunity Zone Letters of Support(2): 1)Port Townsend Tract; and 2)Brinnon/West End: Economic Development Council (EDC) Team Jefferson Director David Ballif was present to update the Board on the highly competitive Opportunity Zone 2.0 application process, which seeks federal tax-incentivized investment in distressed areas through two proposed Jefferson County census tracts: Port Townsend and the Brinnon/West End region. Discussion focused on the potential economic benefits of attracting private investment for workforce housing, healthcare,tribal partnerships,resiliency projects, and community development, as well as the 3 Commissioners Meeting Minutes of May 11, 2026 CRAFT collaborative regional effort with Clallam County through the Emerald Coast Opportunity Zone. After discussion, Commissioner Eisenhour moved to send the 2 letters to Governor Ferguson re: Opportunity zone proposals for Port Townsend tract and the Brinnon/West End tract, as amended today. Commissioner Dudley-Nollette seconded the motion. Chair Brotherton called for public comments on the motion, and no comments were received. He called for a vote on the motion. The motion carried by a unanimous vote. ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Miscellaneous topics Commissioners' Briefing Session Calendar Coordination EV car rental The meeting was recessed at 3:39 p.m. and reconvened at 3:44 p.m. with all three Commissioners present. ADDITIONAL BUSINESS: EXECUTIVE SESSION: An Executive Session was added to the meeting agenda. Chair Brotherton announced that the Executive Session will be held from 3:45 p.m. to 3:55 p.m. regarding Attorney-Client Privilege, Potential/Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. Staff present: County Administrator, and Chief Civil Deputy Prosecuting Attorney (DPA). The Board resumed the regular meeting at 3:55 p.m. Chair Brotherton announced that the Board will be extending the Executive Session from 3:57 p.m. to 4:07 p.m. The Board concluded the Executive Session and resumed the regular meeting at 4:07 p.m. There was no proposed action, and therefore no public comment taken on this topic. ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Calendar Coordination- continued ADDITIONAL BUSINESS re: Letter of Support re: Evergreen Manufacturing Grants: The PT Foundry LLC, has requested that the Commissioners approve a letter of support for their$175,000-$200,000 Evergreen Manufacturing Grant application through the Washington State Department of Commerce. After review of the letter, Commissioner Dudley-Nollette moved that the BOCC sign and deliver the letter of support for the PT Foundry's application to the Washington State Department of Commerce for their evergreen manufacturing grants. Commissioner Eisenhour seconded the motion. Chair Brotherton opened the floor to allow for public comments, and one comment was received. He called for a vote on the motion. The motion carried by a unanimous vote. ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Port of Port Townsend; supporting grant for a 250-ton self-propelled boat transporter Social media; outreach/comments 4 DRAFT Commissioners Meeting Minutes of May 11, 2026 NOTICE OF ADJOURNMENT: Chair Brotherton adjourned the meeting at 4:30 p.m. until the next regular meeting or special meeting as properly noticed. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Greg Brotherton, Chair ATTEST: Heidi Eisenhour, Member Carolyn Gallaway, CMC Heather Dudley-Nollette, Member Clerk of the Board 5 iSoN O6 1 DRAFT MINUTES Jefferson County Board of County Commissioners Regular Meeting— May 18, 2026, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA (Hybrid) AI use acknowledgment: Portions of the meeting transcript were summarized using Google Gemini and incorporated into this document.All AI-assisted content was reviewed and edited by staff before publication. CALL TO ORDER: Chair Greg Brotherton, Commissioner Heidi Eisenhour and Commissioner Heather Dudley-Nollette participated in the meeting. Chair Brotherton called the meeting to order at the appointed time. PUBLIC COMMENT PERIOD: Chair Brotherton called for public comments, and five comments were received. The Commissioners addressed the comments. PROCLAMATION re: Proclaiming May 16-22,2026 as National Safe Boating Week: After all three Commissioners read aloud the proclamation, Commissioner Dudley-Nollette moved to approve the proclamation. Commissioner Eisenhour seconded the motion and noted a scrivener error in the last Whereas sentence it is missing a"t"for the word"the." The motion carried by a unanimous vote. Flotilla Commander of the U.S. Coast Guard Auxiliary Vince Santiago was present and thanked the Commissioners for approving the proclamation. Chair Brotherton opened the floor for additional public comments, and no comments were received. ADOPTION OF THE CONSENT AGENDA: Commissioner Eisenhour moved to approve the Consent Agenda as presented. Commissioner Dudley-Nollette seconded the motion which carried by a unanimous vote. 1. RESOLUTION re: In the Matter of Requiring Interlocal Agreements to be filed on the Jefferson County's website 2. AGREEMENT re: Employment Agreement; Union-Exempt and FLSA-Exempt Executive Assistant in the County Administrator's Office, and UFCW3000 covered Accounts Auditing Technician in Auditor's Office; Wendy Housekeeper 3. AGREEMENT re: Project to establish repetitive build program; $12,500; Community Development; Habitat for Humanity 4. AGREEMENT,Amendment No. 1 re: School-to-Work Start Up; $43,000; Public Health; Washington Department of Social & Health Services 5. AGREEMENT,Amendment No. 1 re: School-to-Work Digital Content; $7,700; Public Health; Cold Pizza Creative 6. AGREEMENT,Amendment No. 4 re: Chimacum Creek Cleanup and Restoration;No additional amount; Public Health; Department of Ecology State of Washington 7. INTERLOCAL AGREEMENT re: Household Hazardous Waste;Not to exceed $27,500; Public Works; Kitsap County 1 FY t i T Commissioners Meeting Minutes of May 18, 2026 DRAFT 8.SUBRECIPIENT AGREEMENT re: Coordinated tobacco, vapor and marijuana product prevention and intervention strategies; $2,000; Public Health; Scouting America Troop 1479 9. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 11, 2026 and totaling 953,024.01 and Dated May 18, 2026 totaling $729,072.75 COMMISSIONERS' BRIEFING SESSION: Commissioner Eisenhour provided a debrief of a recent Washington State Association of Counties(WSAC)conference she attended, recent meetings, and miscellaneous topics. WORKSHOP re: Artificial Intelligence(AI) Policy: Central Services Director Shawn Frederick was present and outlined the draft AI Policy and explained the need for the County to take intentional steps to improve staffs ability to recognize the appropriate use of AI tools to develop processes that lead to more efficient public services. The discussion continued noting the important protections that were developed using the references in Appendix A of the proposed policy. This proposed policy, if adopted will be used to configure guardrails for the Darwin Govern system allowing for effective monitoring of AI tools within the county system. During discussion, Chair Brotherton opened the floor to allow for public comments, and three comments were received. Staff answered questions posed by the Board and the public. The workshop will be continued to a later date. DISCUSSION re: Surveys Design and Frequency update: On April 6, 2026, Central Services Director Shawn Frederick and Communications Specialist Liz Anderson reviewed the implementation of a series of short surveys that could be offered to Jefferson County residents as a tool for engaging feedback on a variety of topics. To test the use of a short-survey tool, an initial survey was offered at the Jefferson County Connectivity Summit event on March 27-29, 2026. As a result of the initial feedback, some questions posed were: What is the goal of the surveys? Who do you want to hear from? What is the purpose? What will the surveys be used for?Is there funding available? Communications Specialist Anderson noted that while there is no current budget for surveys,they could be included in the applications requesting grant funding. County Administrator Josh Peters will contact the City of Port Townsend in regards to their survey model. Commissioner Dudley-Nollette will continue her outreach and look into the budget and bring back more information to the Board at a later date. The meeting was recessed at 12:15 p.m. and reconvened at 1:30 p.m. with all three Commissioners present. An Executive Session was scheduled from 1:30 p.m. to 2:00 p.m. Chair Brotherton announced that the Executive Session will be held from 1:30 p.m. to 2:15 p.m. regarding, Potential Actual Litigation under exemption RCW 42. 30.110(1)(i)as outlined in the Open Public Meetings Act. Staff present: County Administrator, Chief Civil Deputy Prosecuting Attorney (DPA), and Central Services Director. The Board concluded the Executive Session and resumed the regular meeting at 2:17 p.m. There was no proposed action, and therefore no public comment taken on this topic. 2 Commissioners MeetingMinutes of May18, 2026 DRAFT ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Commissioners' Briefing Session—continued Calendar Coordination- continued Derelict vessels; potentially changing the code to address pollution from anchored vessels, and limiting the duration of anchoring within restricted areas (Ordinance No. 07-0706-92) Uber; possible phishing scam Discovery Behavioral Health;providing case management on behalf of the guests at Bayside Housing and Services Miscellaneous items NOTICE OF ADJOURNMENT: Chair Brotherton adjourned the meeting at 4:09 p.m. until the next regular meeting or special meeting as properly noticed. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Greg Brotherton, Chair ATTEST: Heidi Eisenhour, Member Adiel McKnight, CMC Heather Dudley-Nollette, Member Deputy Clerk of the Board 3 eso. co6 1,.. DRAFT j9SHI - MINUTES Jefferson County Board of County Commissioners Regular Meeting — May 26, 2026, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA (Hybrid) AI use acknowledgment: Portions of the meeting transcript were summarized using AI and incorporated into this document. All AI-assisted content was reviewed and edited by staff before publication. CALL TO ORDER: Chair Greg Brotherton, Commissioner Heidi Eisenhour and Commissioner Heather Dudley-Nollette participated in the meeting. Chair Brotherton called the meeting to order at the appointed time and played a tune on a melodica. PUBLIC COMMENT PERIOD: Chair Brotherton called for public comments, and four comments were received. The Commissioners addressed the comments. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Dudley-Nollette moved to approve the Consent Agenda as presented. Commissioner Eisenhour seconded the motion which carried by a unanimous vote. 1. INTERLOCAL AGREEMENT re: Warrant Clerk; $100,000; Jefferson County Sheriff; City of Port Angeles 2. INTERLOCAL MUTUAL AID TEMS AGREEMENT re: Crisis Response Team(CRT);No fiscal impact; Jefferson County Sheriff; Clallam County Fire District 3 3. AGREEMENT re: Engineering Services; $145,955; Public Works; Sargent Engineers, Inc. 4. AGREEMENT,Amendment No. 14 re: Public health services: An additional amount$12,233 totaling $6,292,517; Public Health; State of Washington Department of Health 5. ADVISORY BOARD RESIGNATION AND APPOINTMENT re: Jefferson County Rural Library District Board of Trustees: 1) Resignation: trustee Michael Kubec and 2) Appointment: Trustee Stephen Chappuis 6. ADVISORY BOARD REAPPOINTMENT re: Jefferson County Intellectual/Developmental Disabilities Advisory Board (IDDAB); Amber Kent 7. APPROVAL OF PAYROLL WARRANTS: Dated May 20, 2026 totaling $76,099.93 8. APPROVAL OF ACCOUNTS PAYABLE WARRANTS: Dated May 26, 2026 totaling 1,800,051.63 LETTER OF SUPPORT re: Jamestown S'Klallam Tribe Land Transfer Act of 2026: Commissioner Eisenhour reviewed the proposal by Jamestown S'Klallam Tribe to transfer the Dungeness National Wildlife Refuge (Clallam County), and Protection Island National Wildlife Refuge Jefferson County) into trust for the Tribe. After discussion, Commissioner Eisenhour moved to approve the letter of support for the Jamestown S'Klallam Tribe Land Transfer Act of 2026 to Representative Emily Randall and Senator Maria Cantwell and Senator Patty Murray, as drafted in our agenda today. 1 Commissioners Meeting Minutes of May 26, 2026 DRAFT Commissioner Dudley-Nollette seconded the motion. After a brief discussion on potential edits to the letter, Chair Brotherton opened the floor to allow for public comments on the motion, and one comment was received. Commissioner Eisenhour suggested modifying the letter to add a sentence regarding ensuring that protected status is preserved. She proposed placing it on next week's Consent Agenda, and then rescinded her previously made motion. Commissioner Dudley-Nollette rescinded her second on the motion. The letter will be placed on the June 1, 2026 BOCC Consent Agenda. CONTINUED DISCUSSION re: Follow up to Workshop on Artificial Intelligence Policy-Proposed Revised AI Policy: Central Services Director Shawn Fredrick was present to review the changes to the draft AI Policy. The Commissioners reviewed the policy and provided revisions which including clarifying policy language and definitions, balancing AI governance with practical employee use, and reducing fear and confusion for County employees using AI tools. After discussion, Chair Brotherton noted that this conversation will be continued to the afternoon session. He called for public comments on the current draft of the proposed AI policy, and one comment was received. The meeting was recessed at 10:54 a.m. and reconvened at 11:00 a.m. with all three Commissioners present. DISCUSSION re: HEARING NOTICE to Deliberate and Adopt by Ordinance Amendments to JCC 8.75 to Ban Fireworks in Jefferson County, hearing to be held June 15,2026 at 3:00 p.m. in the Jefferson County Courthouse,Commissioners Chambers located at 1820 Jefferson St. Port Townsend,WA 98368 (HYBRID): Department of Community Development DCD) Director Jeremy Williammee was present to review the redline version of the proposed draft ordinance regarding a fireworks ban in Jefferson County, and to answer questions posed by the Board. Discussion focused on bolstering the proposed ordinance with clearer language around public safety, enforcement discretion, and permitted exceptions during increasing fire danger conditions. The Hearing Notice will be placed on the June 1, 2026 Consent Agenda for approval. COMMISSIONERS' BRIEFING SESSION: The Commissioners and County Administrator discussed recent meetings they attended, miscellaneous topics, and reviewed their meeting schedules. The meeting was recessed at 11:50 a.m. and reconvened at 12:02 p.m. with all three Commissioners present. QUARTERLY ELECTEDS AND DIRECTORS' COORDINATION MEETING: The Commissioners met with Elected Officials and Department Directors and reviewed the following: Assessor's Office West End and Brinnon valuations District Court Transitioning to Odyssey; going live this weekend Superior Court Ariel Speser is becoming new part-time Court Commissioner Prosecutor's Office 2 Commissioners Meeting Minutes of May 26, 2026D R F.: New Civil DPA Jen Bible Communications Specialist ADA Compliance; Jefferson Transit offering compliance work group New communications request form coming Auditor's Office New Accounts Payable person ACH payments; coming soon Annual reports due One-way back parking lot New ballot boxes coming to courthouse New ballot envelopes coming Treasurer's Office Delinquent notices went out Department has been cross-training Annual report is top priority this week Human Resources Two staff have moved on to other positions Hiring Chelsea Pronovost from DCD for one of those positions Juvenile Services Staff is experiencing some fatigue Would like to know more about next year's budget Central Services Courthouse back parking lot; signage comments received AI policy; close to adoption EV charging station grants update Department of Community Development Critical Areas Ordinance; fully in effect as appeal period has expired Planning Commission; comment period has expired Will miss Chelsea Pronovost, big shoes to fill Planner Donna Frostholm is retiring Timelines are still on track but may be harder to work on long-term strategic projects County Administrator Working on stability for staff during an uncertain environment Public Health Health Department consortium proposed for after-hour call for services Working on Strategic Plan Public Works ODT wrapping up in July SR19 North project; out to bid soon Bridges at Oil City Road South Shore Road; no movement so far Quilcene Complete Streets; radar speed signs hopefully coming soon Chipseal season starting soon, also doing some work for the City for some revenue Pavement striping; reduced list of roads Mason Street project; last minute needs 3 Commissioners Meeting Minutes of May 26, 2026 jJ RA FT Dovetailing with Comp Plan amendment Solid waste; busy season coming Levy lid lift; hopefully voters will approve Sewer connecting to boat school an Ajax FEMA may be reimbursing for a December storm Commissioner Eisenhour Upcoming tour of the Port Hadlock Sewer in July Reactivated the Chimacum Creek Drainage District Forestry harvesting happening; forward community questions to Heidi. Potential for revenue regarding carbon sequestering Commissioner Dudley-Nollette Upcoming Housing Fund Board meeting, ultimately the County may take on the Continuum of Care Intergovernmental Collaborative Group (ICG); working on an economic development plan Behavioral Health Consortium; opioid settlement distributor funds The meeting was recessed at 1:16 p.m. and reconvened at 2:00 p.m. with all three Commissioners present. ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Commissioners' Briefing—continued CONTINUED DISCUSSION re: Follow up to Workshop on Artificial Intelligence Policy-Proposed Revised AI Policy: Central Services Director Shawn Fredrick was present to review additional changes to the draft AI Policy. The Commissioners reviewed the policy and provided further revisions. Commissioner Dudley-Nollette moved to approve RESOLUTION NO. 29-0526-26R re: In the matter of adopting the Jefferson County Artificial Intelligence (AI) Acceptable Development and Use Policy, as modified here, including the scrivener errors to the table of contents. Commissioner Eisenhour seconded the motion. Chair Brotherton called for public comments on the motion, and one comment was received. After deliberations, Chair Brotherton called for a vote on the motion. The motion carried by a unanimous vote. ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Commissioners' Briefing—continued Miscellaneous topics Calendar coordination Closing remarks 4 DR TCommissionersMeetingMinutesofMay26, 2026 1n. NOTICE OF ADJOURNMENT: Chair Brotherton adjourned the meeting at 3:33 p.m. until the next regular meeting or special meeting as properly noticed. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Greg Brotherton, Chair ATTEST: Heidi Eisenhour, Member Carolyn Gallaway, CMC Heather Dudley-Nollette, Member Clerk of the Board 5 AON DRAF 0 MINUTES Jefferson County Board of County Commissioners Regular Meeting — June 1, 2026, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA (Hybrid) CALL TO ORDER: Acting Chair Heather Dudley-Nollette and Commissioner Heidi Eisenhour participated in the meeting. Chair Brotherton was absent. Acting Chair Dudley-Nollette noted that the Hearing regarding speed limits along Anderson Lake and Cape George roads has been cancelled and will be scheduled for a later date. She called the meeting to order at the appointed time. PUBLIC COMMENT PERIOD: Acting Chair Nollette called for public comments, and seven comments were received. The Commissioners addressed the comments. PROCLAMATION re: Declaring June 4,2026 as Duane L. Montgomery Day in Jefferson County,Washington: After the Commissioners read aloud the proclamation, Commissioner Eisenhour moved to approve the proclamation. Commissioner Dudley-Nollette seconded the motion. The motion carried. Dune Montgomery's eldest son was present and provided historical information about his dad's role at the Chimacum School and thanked the Commissioners for the proclamation. PROCLAMATION re: Declaring June 2026 as Pride Month: After the Commissioners read aloud the proclamation, Commissioner Eisenhour moved to approve the proclamation. Commissioner Dudley-Nollette seconded the motion. The motion carried. Member of the Port Townsend Pride Committee Danielle McClelland was invited to speak and they commented on the challenges and celebration of the richness of the queer community. PUBLIC HEALTH and EMERGENCY MANAGEMENT UPDATE: Emergency Management Director Willie Bence provided information on the summer wildfire season and explained the different evacuation levels, where to find emergency cooling centers, accessing NIXLE alerts, and announced that the All County Preparedness Day will be held on Saturday June 27, 2026 from 10:00 a.m. to 4:00 p.m. Public Health Officer Dr. Allison Berry provided information regarding public health and reviewed statistics regarding COVID-19, measles, ebola, and vaccinations. 1 Commissioners Meeting Minutes of June 1, 2026 U APPROVAL AND ADOPTION OF THE CONSENT AGENDA: During the Public Comment Period, the Commissioners agreed to remove Consent Agenda Item No. 8 re: Jamestown Letters of Support and discuss on June 8, 2026 at 9:30 a.m. Commissioner Eisenhour moved to approve the Consent Agenda, minus Consent Agenda Item No. 8. Acting Chair Dudley-Nollette seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE to Deliberate and Adopt by Ordinance Amendments to JCC 8.75 to Ban Fireworks in Jefferson County, hearing to be held June 15, 2026 at 3:00 p.m. in the Jefferson County Courthouse, Commissioners Chambers located at 1820 Jefferson St. Port Townsend, WA 98368 (HYBRID) 2. AGREEMENT re: Thriving Communities Small Grants Program—Chimacum Band Boosters: Building belonging through music; $1,500; Auditor's Office; Chime In 3. AGREEMENT re: Phase 4—Northwest School of Wooden Boatbuilding and Star Marine On- site grinder pump installation for the PHUGA Water System; $84,523; Public Works; ESA 4. SUBRECIPIENT AGREEMENT re: Disabled Hikers Guides; $6,500; Public Health; Disabled Hikers 5. CIVIL SERVICE COMMISSION (CSC) UPDATE: 1)Appointment—Steve Richmond 6. MARINE RESOURCES COMMITTEE (MRC) UPDATES: 1) Resignation—Alternate Roy Clark; 2)Appointment—NWSC Representative Frank Handler; and 3)Appointment—NWSC Dist. 3 Representative Sarah Fisken 7. NOXIOUS WEED CONTROL BOARD UPDATE: 1) Reappointment—Dist. No. 1 Representative Sarah Fairbank 8.REMOVED) LETTER OF SUPPORT re: Jamestown S'Klallam Tribal Land Transfer Act of 2026 The meeting was recessed at 10:23 a.m. and reconvened at 10:30 a.m. with Acting Chair Dudley-Nollette and Commissioner Eisenhour present. COMMISSIONERS' BRIEFING SESSION: The Commissioners and County Administrator discussed recent meetings they attended, miscellaneous topics, and reviewed their meeting schedules. The meeting was recessed at 12:02 p.m. and reconvened at 1:30 p.m. with Acting Chair Dudley-Nollette and Commissioner Eisenhour present. EXECUTIVE SESSION: An Executive Session was scheduled from 1:30 p.m. to 2:00 p.m. Acting Chair Dudley-Nollette announced that the Executive Session will be held from 1:30 p.m. to 2:00 p.m. regarding Attorney-Client Privilege, Potential/Actual Litigation under exemption RCW 42.30.110(1)(i)as outlined in the Open Public Meetings Act. Staff present: County Administrator, Chief Civil Deputy Prosecuting Attorney (DPA), and Civil DPA. The Board resumed the regular meeting at 2:00 p.m. Acting Chair Dudley-Nollette announced that the Board will be extending the Executive Session from 2:03 p.m. to 2:13 p.m. The Board concluded the Executive Session and resumed the regular meeting at 2:14 p.m. There was no proposed action, and therefore no public comment taken on this topic. 2 Commissioners Meeting Minutes of June 1, 2026 F T ADDITIONAL DISCUSSION ITEMS: The Commissioners and County Administrator reviewed the following: Longview mill explosion; reviewing mitigations at the local level KPTZ; upcoming topics Calendar coordination- continued Upcoming derelict vessel workshop Miscellaneous topics NOTICE OF ADJOURNMENT: Acting Chair Dudley-Nollette adjourned the meeting at 2:49 p.m. until the next regular meeting or special meeting as properly noticed. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: Excused absence Greg Brotherton, Chair ATTEST: Heidi Eisenhour, Member Carolyn Gallaway, CMC Heather Dudley-Nollette, Member Clerk of the Board 3 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works DirectoraV Agenda Date: June 15, 2026 Subject: Professional Service Agreement with Tetra Tech for the Conceptual Design for the Expansion of the PHUGA Water Reclamation Facility, Project No. 405-2114-0, Department of Commerce Project No. 22-96515-02 Statement of Issue: Professional Service Agreement with Tetra Tech for the Conceptual Design for the Expansion of the PHUGA Water Reclamation Facility, Project No. 405-2114-0, Department of Commerce Project No. 22-96515-02. Analysis/Strategic Goals/Pro's Et Con's: Tetra Tech will provide a conceptual design report for the expansion of the PHUGA Water Reclamation Facility. The focus of the conceptual design will be when the PHUGA WRF is at an average flow of 120,000 gallons per day (gpd). The scope will provide conceptual site plans; and evaluation of the PHUGA WRF headworks, membrane bioreactor (MBR) screens, ultraviolet and chemical systems, and dewatering (solid handling). Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is 67,329.00. The project is 100% funded by the Department of Commerce Project No. 22- 96515-02. Recommendation: Public Works recommends that the Board execute the two (2) originals of the Professional Services Agreement with Tetra Tech, and return one (1) original to Public Works. Department Contact: Samantha Harper, P.E., Project Manager, 385-9175. Reviewed By: co, fgJoers, County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Tetra Tech LLC. Contract No: rWOO1ko—m4 Contract For: Conceptual Design for the Expansion of the PHUGA WRF Term: December 31,2026 COUNTY DEPARTMENT: "'c Woks Contact Person:Samantha Harper Contact Phone: 3607741104 Contact email: sharper@co offersonwa US AMOUNT: $67329 PROCESS: _ Exempt from Bid Process Revenue: 402114-o Cooperative Purchase Expenditure: 4052114-o Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s)of Matching Funds wA Vendor List Bid Fund# eos RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: E N/A:1 1 61 4-jr Signature bate' STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: n N/A: I I 6 619! )._c Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): ElectronicaHy approved by Risk Management on 6/2/2026. STEP 4:PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/1/2026. DPA approved on 06-01-2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). This is the same agreement Tetra Tech and JC agreed to STEP 6:CONTRACTOR SIGNS in the Phase 4 - Stage 3 and 4 design and construction support agreement, which was approved by the PAOSTEP7:SUBMIT TO BOCC FOR APPROVAL office on 3/18/2026 1 PROFESSIONAL SERVICES AGREEMENT FOR Conceptual Design for the Expansion of the PHUGA Water Reclamation Facility THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Tetra Tech("the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. I.Project Designation. The Consultant is retained by the County to perform conceptual design for the expansion of the Port Hadlock Urban Growth Area(PHUGA) Water Reclamation Facility. 2.Scope of Services. Consultant agrees to perform the services identified on Exhibit"A" attached hereto including the provision of all labor. 3.Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant shall perform all services and provide all work products required pursuant to this Agreement on the dates listed on Exhibit"A". 4.Payment. The Consultant shall be paid by the County for completed work and for services rendered under this Agreement as follows: a.Payment for the work provided by Consultant shall be made as provided on Exhibit"B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $67,329.00 without express written modification of the Agreement signed by the County. b.The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. c.Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this Agreement and its acceptance by the County. d.Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e.The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of three(3) years after final payments. Copies shall be made available upon request. Professional Services Agiccinent, Page 1 of 10 5. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information,reference and use in connection with Consultant's endeavors. Consultant shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$500,000 each occurrence with the County named as an additional insured in connection with the Consultant's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. Professional Services Agreement, Page 2 of 10 The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a.Broad Form Property Damage, with no employee exclusion; b.Personal Injury Liability, including extended bodily injury; c.Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; d.Premises—Operations Liability(M&C); e.Independent Contractors and subcontractors; f.Blanket Contractual Liability. Professional Liability Insurance. The Consultant shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an"occurrence" form. If the professional liability policy is"claims made,"then an extended reporting period coverage(tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Consultant's sole expense. The Consultant agrees the Consultant's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. The County shall be named as an "additional named insured"under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Consultant shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured" to a policy obtained by the Consultant refers to an endorsement(by number or name)but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15) days of execution of this Agreement. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under the Agreement, nor shall the insurance Professional Services Agreement, Page 3 of 10 requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Consultant's insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. Insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance companies issuing the Consultant's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until the Consultant shall furnish additional security covering such judgment as may be determined by the County. Any coverage for third party liability claims provided to the County by a"Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. The County may, upon the Consultant's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. The Consultant's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Professional Services Agreement, Page 4 of 10 The Consultant shall include all subconsultants as insured under its insurance policies or shall furnish separate certificates and endorsements for each subconsultant. All insurance provisions for subconsultants shall be subject to all the requirements stated herein. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Consultant shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested. The Consultant shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9.Worker's Compensation (Industrial Insurance). If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, the Consultant shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subconsultant that does not have their own worker's compensation and employer's liability insurance. The Consultant expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Consultant. Professional Services Agreement, Page 5 of 10 10. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subconsultants, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. Subcontracting Requirements. The Consultant is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subconsultant to perform is no defense to a breach of this Agreement. The Consultant assumes responsibility for and all liability for the actions and quality of services performed by any subconsultant. Every subconsultant must agree in writing to follow every term of this Agreement. The Consultant must provide every subconsultant's written agreement to follow every term of this Agreement before the subconsultant can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subconsultant in writing. Any dispute arising between the Consultant and any subconsultant or between subconsultant must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Consultant's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, Professional Services Agreement, Page 6 of 10 religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 14. No Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 15. Non-Waiver. Waiver by either party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Termination. a.The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b.In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. c.The Consultant may terminate services on the Project upon seven (7) days written notice in the event of substantial failure by the County to fulfill its obligations of the terms hereunder. Consultant shall submit an invoice for services performed up to the effective date of termination and the County shall pay Consultant all outstanding invoices, together with all costs arising out of such termination, within thirty(30) days. The County may withhold an amount for services that may be in dispute provided that the County furnishes a written notice of the basis for the dispute within fifteen (15) days. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Tetra Tech 2003 Western Ave.,Suite 700 Seattle,WA 98121 18. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated Agreement between the County and the Consultant and Professional Services Agieeuient, Page 7 of 10 supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Consultant,accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 21. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. Professional Services Agreement, Page 8 of 10 27. No Assignment. The Consultant shall not sell, assign,or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Consultant further agrees that upon receipt of any written public record request, Consultant shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. 33. Force Majeure. Consultant shall not be liable for any damages caused by any unavoidable delays that may result from any acts of God, strikes, lockouts, wars, acts of terrorism, riots, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any other cause beyond the reasonable control or contemplation of either party. 34. Standard of Care. Services provided by Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Consultant makes no other-warranty or guaranty, either express or implied. Consultant will not be liable for the cost of any omission that adds value to the Project. 35. Suspension of Work. The County may suspend services performed by Consultant with cause upon fourteen (14) days written notice. Consultant shall submit an invoice for services performed up to the effective date of the work suspension and the County shall pay Consultant all outstanding invoices within thirty (30) days. If the work suspension exceeds thirty (30) days from the effective work suspension date, Consultant shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Professional Services Agreement, Pagc 9 of 10 DATED this 9th day of June 20 26 JEFFERSON COUNTY BOARD OF COMMISSIONERS Tetra Tech Name of Consultant Heather Dudley-Nollette, District 1 Grizelda Sarria Consultant Representative(Please print) Heidi Eisenhour, District 2 LLinotiok Sr.:14. Signature) Greg Brotherton, District 3 Vice President Title 06/09/2026 Date Approved as to form only: 06-01-2026 Jeremia B. uther Date Civil Desuty ' i osecuting Attorney 41,e- 0,11-64. Eric Kuzma Date Public Works Director Professional Services Agreement, Page 10 of 10 EXHIBIT A SCOPE OF WORK JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS PORT HADLOCK URBAN GROWTH AREA (PHUGA) WATER RECLAMATION FACILITY (WRF) CONCEPTUAL EXPANSION EVALUATION CONTRACT NO PHUGA WATER RECLAMATION FACILITY CONCEPTUAL EXPANSION DESIGN Subtask 1008.1— Project Management This task includes budget to track, monitor, plan, and manage the work within the scope of this agreement for 6 months—the contract period of performance June 1, 2026 to October 30, 2026. Work in this task is described as follows: Progress Updates - Progress updates will be held by telephone approximately every other week with the County to coordinate work activities and keep the County informed of progress to date. It is assumed the work within this task will be over a 6 month period and end on October 30, 2026. There will be up to 6 progress updates during that period between the County and the Consultant Project Manager. Progress Reports and Billings-Tt will include brief monthly progress reports along with monthly invoices. Progress reports will contain information on major activities, anticipated actions, and outstanding issues to be resolved. Subtask 1008.2 — Conceptual Design for PHUGA WRF Expansion Provide a conceptual design report for the expansion of the Port Hadlock UGA Water Reclamation Facility. The report will be based on the design assumption that the average design flow would be 120,000 gpd. The report will include tables outlining the conceptual design criteria. The report will include Drawings— Provide a conceptual site plan (3 options), process flow diagram Evaluation of alternatives for headworks, MBR and dewatering systems Headworks Screen and EQ tank consolidation MBR Screen consolidation UV consolidation Chemical consolidation Dewatering Additional bins vs. Mechanical dewatering QA/QC:Tetra Tech senior engineers will perform in-house Quality Control (QC) reviews of the concept design documents. Quality Assurance (QA) reviews will be by Tt's QA manager. Design Coordination—Monthly meetings(6 total) with the County to coordinate design. Assumes TT coordination with equipment vendors to learn about equipment options, equipment data and costs. Cost Estimate—A class V cost estimate will be Tetra Tech. The report will include a section describing the major electrical and major control equipment required for an expansion. Work Products: DRAFT Conceptual Design Report for County Review. FINAL Conceptual Design Report County Design Review Jefferson County Department of Public Works(JCPW) will review the draft report and send comments back to TT within 4 weeks. If County staff request major changes or provide different directions,then the County Project Manager will evaluate the changes and differences with Tetra Tech and determine what change is needed and authorize additional work as required. Assumptions: The plant expansion will be based on average flow conditions of 120,000gpd, on a 5-7 years projection in the Port Hadlock UGA Sewer Facility Plan. Assumes no changes to the effluent permit constituent levels and concentrations. Assumes same MBR system to existing units for depicting layouts. Assumes that the next upgrade project would start in FY 2032. The report will only include process related and electrical discussions. Exhibit B Price Proposal Revision Date: Labor Plan Price Summary/Totals Apr 15,2026 7 Resource Task Pricing Totals 67,329 Pt. Hadlock WW Final Design Specify Add'I Fees on Setup 0 Technology Use Fee Pro,Area Total Price 67,329 Submitted to:Jefferson County Department of Public Works(Attn:Samantha Harper) Pricing by Resource Contract Type:T&M m t ; m x 8 1 8 F s n Total ; m m d m= "— „ 5 : Task Pricing labor Schedule a C Labor Hrs a E 3 w o I ii o p ° x a Rate Esc. Labor Subs Travel Mat'Is&Equip ODCs Totals Project Phases/Tasks From mru Months ; o o ; 0 317 11 c 18 102 108 16 42 20 0.00% 65,305 1,100 924 67,329 I 1008 Concept Design Reprt 05/01/ 26 10/30/26 5.9 13 117 317 11 18 102 108 16 42 20 65,305 1,100 924 67,329 1008.1 Project Management 06/01/26 10/30/26 4. 9 11 97 20 n 8 8 4,103 4,103 100L2 Construction Administration 06/01/26 10/30/26 4.9 11 97 297 7 18 94 108 16 42 12 61,202 1400 924 63,226 Monthly Meetings 06/01/26 i 10/30/26 4.9 11 97 16 84 3,355 1.100 924 5.379 Design Coordination(vendor coordination,meetings,review of propos, 06/01/26 10/30/26 40 11 97 48 -24 24 9,480 9.480 Drawings 06/ 01/26 i 10/30/26 4.9 11 97 2 20 12 40 13,554 13,554 Draft Report 06/01/26 10/30/26 4.9 11 97 52 - 4 - 12 24 36 8 6 10,061 20.061 Final Report 06/01/26 10/ 30/26 4.9 11 97 46 1 4 12 20 4 9,766 9.266 Cost Estimate 06/01/26 i 10/ 30/26 4.9 11 97 23 1 2 6 12 2 4,986 4,986 Totals 05/01/26 10/30/26 5.9 317 13 18 102 108 16 42 20 0.00% 65,305 1,100 924 67,329 Tetra Tech-Confidential and Proprietary Page 1 of 1 Printed 5/7/2026 615 Sheridan Street Port Townsend, WA 98368 9evrson www.JeffersonCountyPublicHealth.org Consent Agenda Public He—alth JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michael Dawson, Water Quality Manager Tami Pokorny, Natural Resources Program Coordinator DATE: yte / , SUBJECT: Agenda Item — License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition; Upon Signature — June 30, 2027; $0 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests approval of a License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition (NOSC); Upon Signature — June 30, 2027; 0 ANALYSIS/STRATEGIC GOALS/PROS and CONS: With funding from their Recreation and Conservation Office grant agreement (RCO #24-1092), NOSC will employ a contracted WCC work crew to conduct stewardship activities on Jefferson County-owned parcels along the Dosewallips River between Lazy C I and Dosewallips State Park. Stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds (e.g. butterfly bush, Himalayan blackberry, Herb Robert) using mechanical means and approved herbicides applied under the supervision of a licensed applicator. FISCAL IMPACT/COST BENEFIT ANALYSIS: A grant agreement between the North Olympic Salmon Coalition and Recreation and Conservation Office will fully support these activities. There is no cost to the General Fund to grant this license. These properties are important to flood hazard reduction in the Lazy C I and support habitat for listed salmon species. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community WQ-26-013 RECOMMENDATION: JCPH Management recommends BOCC signature for a License for Use of County Property for Stewardship Activities with North Olympic Salmon Coalition (NOSC); Upon Signature — June 30, 2027; 0 REVIEWED BY: a16() 60-6. Josh D. Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360- 379-4487 Always working for a safer and healthier community CONTRACT REVIEW FORM I Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: North Olympic Salmon Coalition Contract No: WQ-26-013 Contract For: Landowner Agreement - Lazy C Term: 3/ 16/26-10 yrs from project completion COUNTY DEPARTMENT: Jefferson County Public Health Contact Person: Tami Pokorny Contact Phone: x 498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: -0- PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO ) J'NCE- 55.080 AND CHAPTER 42.23 RCW. CERTIFIED: fl N/A:E May 20,2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT t EN DE ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: l ' N/A: 7 z May 20, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/5/2026. DPA Luther reviewed and approved on 6-5-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Return to: Jefferson County Public Health Environmental Health & Water Quality 615 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Identified by Assessor's Tax Parcel IDs: 701183002 and 702133010 Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: North Olympic Salmon Coalition (NOSC) Properties: Parcel Number(s): 602342001, 966900034, 966900035, 966900231, 966900036, 966900046, 602343001, 602343010, 602343012, 602343013, 602343014, 602344014, 602344022 Description of Property: Properties in the lower Doseswallips River watershed in the vicinity of Lazy C I. GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, does hereby grant and convey to GRANTEE, North Olympic Salmon Coalition, a license over, across and upon the Properties described above and depicted in Exhibit A for the purpose of implementing the salmon habitat improvement activities, including treatment of invasive plants, subject to the following terms and conditions: 1. Use of Properties for Stewardship. The Properties(see Exhibit A)may be accessed and used by Grantee for the purpose of conducting stewardship activities along the Dosewallips River between Lazy C I and Dosewallips State Park. In general, stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds such as butterfly bush, Himalayan blackberry, and Herb Robert as part of an RCO-funded East Jefferson County Riparian Stewardship habitat restoration project, RCO #24-1092 at Exhibit B. Exhibit B is attached hereto and incorporated herein by reference. A Scope of Work description is attached hereto at Exhibit D and incorporated herein by reference as the agreed upon Scope of Work applicable to this Agreement. Any work or activities occurring outside the described Scope of Work or not rationally or reasonably related to the activities and things described therein is not covered by this license agreement. Further, it is expected that Grantee shall conduct its operations, and the operations of any of its employees, volunteers, or sub-contractors, in accordance with the specifications set out in both the attached RCO #24-1092 and Scope of Work. Any amendment to the Scope of Work must be in writing and signed by all parties to this Agreement. Page 1 of 3 WQ-26-0 13 2. No Representations or Warranties. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 3. No Dumping; Required Site Restoration. Grantee shall not deposit, or allow to be deposited, any waste material or hazardous substances on the Properties and,prior to the termination date of this License, shall remove all personal property and repair any damage caused by Grantee's use of the Property. 4. Term of this License. The term of this License commences upon execution of this License and ends on June 30, 2027. 5. Indemnification. Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities)harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this License, except for injuries and damages caused by the sole negligence of the County. If it is determined by a court of competent jurisdiction or by a mutually agreed arbitration proceeding that this License is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. Consistent with applicable law and statutes of limitations, this Section 5 survives the expiration of this Agreement with respect to actions which did occur prior to termination of this Agreement only.The County shall waive any sovereign immunity protections but only for the sole and limited purpose of facilitating and enforcing the indemnity in this Section 5 and for no other purpose. 6. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Tami Pokorny, Natural Resources Program Coordinator 615 Sheridan Street Port Townsend, WA 93868 Telephone: (360) 379-4498 Email: tpokorny a,co.jefferson.wa.us. Page 2 of 3 7. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Sarah Doyle, Executive Director North Olympic Salmon Coalition 205 B W. Patison Street Irondale, WA 98339 Email: sdoylegnosc.org Phone: (360) 379-8051 8. Covenants. Grantor covenants that it is the lawful owner of the above-described Property and has authority to convey such License and Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so. 9. Signatures. THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. Approved this day of 2026 by the Jefferson County Board of County Commissioners. GRANTOR: GRANTEE: Jefferson County Board of Commissioners North Olympic Salmon Coalition Jefferson County, Washington Q n Digitally signed by Sarah Doyle Date 2026.06.08 09:34:08-07'00' By:By: Greg Brotherton, Chair Sarah Doyle Approved as to form only: Name Executive Director 411' 06-05-2026 Title Jeriahl. Luther Date Civil Deputy Prosecuting Attorney 6/8/2026 Date Page 3 of 3 Exhibit A ici s`, Moto _. o°k kd 1,• 4 - 4.7*. - '- ,'!.• 4r met•_^... _. __ • J2342001 ~- Fo_ a r r 602342006 t I . i y 9"„r:` 966900046 i I-t .'6023420011 . o,_`, . ,i. .0 9,s•. J0036 aybifd cry 300036602342001 ln 7a birdsAi 1's•. 9b6900034 602342004 y 966900034 4 0. 602343013602344014 A` t"•q*-• 602343010 602344022 602343014 3 IV 602343012 ram. a Jefferson County owned parcels in the vicinity of Lazy C I along the Dosewallips River. Exhibit A Exhibit B NOSC Agreement with RCO (RCO #24-1092) Exhibit B WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Off ic( Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement ( Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and North Olympic Salmon Coalition (Sponsor, and primary Sponsor), PO Box 197, Port Townsend, WA 98368, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account or Natural Cli of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO). DESCRIPTION OF PROJECT This project is a multi-watershed, multi-partner collaboration to complete stewardship on 280 acres of priority riparian restoration sites on Chimacum Creek, Snow Creek, Salmon Creek, Donovan Creek Duckabush River, Big Quilcene River, Dosewallips River, and Little Quilcene River. Providing adequate stewardship to prior restoration projects to achieve project goals will enhance and restore native riparian and floodplain habitat, watershed function, and aquatic habitat throughout these watersheds. Species that targeted to benefit include Hood Canal Summer Chum, Mid-Hood Canal Chinook, Puget Sound Steelhead and Puget Sound Coho. PERIOD OF PERFORMANCE The period of performance begins on September 25, 2024 (project start date) and ends on June 30, 2027 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. RCO: 24-1092 Revision Date: 10/26/2023 Page 1 of 25 Sponsor Number: 24-1092 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this restoration project, the Sponsor's long-term obligations shall be for a minimum of ten (10) years, or more as specified in the Landowner Agreement, beginning at project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO. PROJECT FUNDING The total grant award provided for this project shall not exceed $592,507.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding SRFB -Salmon State Riparian 100.00% 592,507.00 State Total Project Cost 100.00% 592,507.00 RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment(including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. RCO:24-1092 Revision Date: 10/26/2023 Page 2 of 25 Sponsor Number: 24-1092 For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: Long Term Obligations- Manual 7 Reimbursements- Manual 8 Restoration Projects- Manual 5 Salmon Recovery Grants- Manual 18 SPECIAL CONDITIONS None SPECIAL CONDITIONS -CULTURAL RESOURCES CONDITION APPLIES TO THE FOLLOWING AREA(S): Chimacum Project Area, Compass Rose Farm, Donovan Creek Preserve, Duckabush Oxbow, Jefferson County Big Quilcene, Jefferson County Dosewallips River, Jefferson County Little Quilcene, Jefferson Land Trust Big Quilcene, Jefferson Land Trust Duckabush Riparian, Snow Creek Uncas Preserve, Upper Snow Creek Forest Preserve State- RCO Lead: Proceed under an IDP: No cultural resources work is required for this scope of work, the project may proceed in accordance with RCO's Inadvertent Discovery Plan. Future project actions or any changes to the scope of work may require cultural resources survey. CONDITION APPLIES TO THE FOLLOWING AREA(S): Dosewallips State Park, WDFW project area State-Agency Landowner: Evidence of compliance required: In accordance with the terms of this agreement, documentation of compliance with Executive Order 21-02 and/or Section 106 of the National Historic Preservation Act must be provided. The State Agency that owns and/or manages the lands on which this project is proposed has the authority to act as lead for ensuring compliance with these requirements. Therefore, RCO has not initiated review or consultation for this project. You must coordinate with the State Agency landowner to complete that agency's cultural resources compliance requirements. RCO will withhold reimbursement of development or restoration expenditures until this requirement is met. For acquisition projects, final payment will be withheld until evidence of cultural resources review is provided. If archaeological or historic materials are discovered while conducting project activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions of this agreement. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact RCO Contact Nathanael Roberts Josh Lambert Outdoor Grants Manager 332 East Fifth St PO Box 40917 Port Angeles, WA 98362 Olympia, WA 98504-0917 nroberts@nosc.org Josh.Lambert@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. RCO:24-1092 Revision Date: 10/26/2023 Page 3 of 25 Sponsor Number: 24-1092 EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24-1092, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later(Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. North Olympic Salmon Coalition BY:saSarah Doyle 5PST Date: 12/16/2024 Name(printed): Sarah Doyle Title: Executive Director State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) By: . 414:U3PST) Date: 12/16/2024 For: Megan Duffy Director Recreation and Conservation Office Pre-approved as to form: 47‘—By: Date: 10/26/2023 Assistant Attorney General RCO:24-1092 Revision Date: 10/26/2023 Page 4 of 25 Sponsor Number: 24-1092 4 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Office Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Restoration Metrics Worksite#1, Snow Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Cutthroat, Lamprey, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.30 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.O.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship (C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.01 Acres of Streambank Stewarded: 35.00 Architectural & Engineering Architectural & Engineering (A&E) Worksite#2, Salmon Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Cutthroat, Lamprey, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.12 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.O.d.1): Implementation Monitoring Site Stewardship Project Stream or stream bank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.12 Acres of Streambank Stewarded: 3.00 Architectural & Engineering Architectural &Engineering (A&E) RCO: 24-1092 Revision Date: 10/26/2023 Page 5 of 25 Sponsor Number 24-1092 Worksite#3, Chimacum Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Pink Salmon- Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Cutthroat, Lamprey Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.20 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.40 Acres of Streambank Stewarded: 17.00 Architectural & Engineering Architectural & Engineering (A&E) Worksite#4, Donovan Creek Targeted salmonid ESU/DPS (A.23): Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Steelhead- Puget Sound DPS Targeted species (non-ESU species): Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.10 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship (C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.20 Acres of Streambank Stewarded: 6.36 Architectural & Engineering Architectural & Engineering (A&E) Worksite#5, Big Quilcene River Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead- Puget Sound DPS Targeted species (non-ESU species): Bull Trout, Cutthroat, Rainbow, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.80 Project Identified In a Plan or Watershed Assessment (C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum RCO: 24-1092 Revision Date: 10/26/2023 Page 6 of 25 Sponsor Number: 24-1092 Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or stream bank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 0.88 Acres of Streambank Stewarded: 58.30 Architectural & Engineering Architectural &Engineering (A&E) Worksite#6, Little Quilcene River Targeted salmonid ESU/DPS (A.23): Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon- Puget Sound/Strait of Georgia ESU, Pink Salmon- Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Cutthroat, Searun Cutthroat Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.25 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0. d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship(C.11.b.2): 0.25 Acres of Streambank Stewarded: 18.86 Architectural & Engineering Architectural & Engineering (A&E) Worksite#7, Dosewallips River Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Bull Trout, Cutthroat, Rainbow Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.42 Project Identified In a Plan or Watershed Assessment (C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 1.42 Acres of Streambank Stewarded: 102.00 Architectural&Engineering RCO: 24-1092 Revision Date: 10/26/2023 Page 7 of 25 Sponsor Number: 24-1092 Architectural & Engineering (A&E) Worksite#8, Duckabush River Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Chum Salmon-unidentified ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-Odd year ESU, Steelhead-Puget Sound DPS Targeted species (non-ESU species): Bull Trout, Cutthroat, Rainbow Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 1.20 Project Identified In a Plan or Watershed Assessment(C.O.c): The Status of Anadromous Fish Stocks in the Streams of East Jefferson County, Lichatowich 1993; ; Summer Chum Salmon Conservation Initiative, Ames et al. 2000; Hood Canal and Eastern Strait of Juan de Fuca Summer Chum Salmon Recovery Plan, Brewer et al. 2005; Salmon and Steelhead Habitat Limiting Factors: WRIA 17, Correa 2002; Type Of Monitoring (C.0.d.1): Implementation Monitoring Site Stewardship Project Stream or streambank stewardship(C.11.b.1) Miles of Streambank provided stewardship (C.11.b.2): 2.00 Acres of Streambank Stewarded: 39.47 Architectural &Engineering Architectural & Engineering (A&E) RCO: 24-1092 Revision Date: 10/26/2023 Page 8 of 25 Sponsor Number: 24-1092 41 WASHINGTON STATE RCO Grant Agreement Recreation and Conservation Officf Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date: 09/ 25/2024 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description Project Start 09/25/2024 Progress Report Due 06/30/2025 Annual Project Billing Due 06/30/2025 Landowner Agreement to RCO 08/31/2025 Permits Complete 08/31/2025 Applied for Permits 08/31/2025 Riparian Enhancement Plan 08/31/2025 Pre-implementation updates as needed Cultural Resources Documents 10/31/2025 Restoration Started 11/30/2025 Progress Report Due 12/31/2025 Progress Report Due 06/30/2026 Annual Project Billing Due 06/30/2026 Progress Report Due 12/31/2026 Restoration Complete 05/30/2027 Riparian Enhancement Plan 05/30/2027 Post-implementation updates Agreement End Date 06/30/2027 RCO Final Inspection 07/30/2027 Final Billing Due 09/30/2027 Final Report Due 09/30/2027 RCO:24-1092 Revision Date: 10/26/2023 Page 9 of 25 Sponsor Number: 24-1092 Y WASHINGTON STATE RCO Grant Agreement Recreation and24ConservationOfficf Project Sponsor: North Olympic Salmon Coalition Project Number:24-1092R Sponsor Number:24-1092 Project Title: East Jefferson County Riparian Stewardship Approval Date:09/25/2024 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 11 CITATIONS, HEADINGS AND DEFINITIONS 11 PERFORMANCE BY THE SPONSOR 14 ASSIGNMENT 14 RESPONSIBILITY FOR PROJECT 14 INDEMNIFICATION 14 INDEPENDENT CAPACITY OF THE SPONSOR 15 CONFLICT OF INTEREST 15 COMPLIANCE WITH APPLICABLE LAW 15 ARCHAEOLOGICAL AND CULTURAL RESOURCES 16 RECORDS 17 PROJECT FUNDING 18 PROJECT REIMBURSEMENTS 18 ADVANCE PAYMENTS 18 RECOVERY OF PAYMENTS 18 COVENANT AGAINST CONTINGENT FEES 19 INCOME (AND FEES)AND USE OF INCOME 19 PROCUREMENT REQUIREMENTS 19 TREATMENT OF EQUIPMENT AND ASSETS 20 RIGHT OF INSPECTION 20 STEWARDSHIP AND MONITORING 20 ACKNOWLEDGMENT AND SIGNS 20 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS 20 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 21 CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS 21 PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS 22 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 22 ORDER OF PRECEDENCE 22 LIMITATION OF AUTHORITY 23 WAIVER OF DEFAULT 23 APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 23 SPECIFIC PERFORMANCE 23 TERMINATION AND SUSPENSION 23 DISPUTE HEARING 24 ATTORNEYS' FEES 25 GOVERNING LAW/VENUE 25 SEVERABILITY 25 END OF STANDARD TERMS AND CONDITIONS 25 RCO:24-1092 Revision Date: 10/26/2023 Page 10 of 25 Sponsor Number: 24-1092 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 05/ 06/2024. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement—The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, subject(if applicable)to substitution of the"RCO director"for the term"board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director"for the term "board"or"agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant—Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the"Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R.—Code of Federal Regulations completed project or project completion—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. RCO: 24-1092 Revision Date: 10/26/2023 Page 11 of 25 Sponsor Number: 24-1092 Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement. equipment—Tangible personal property(including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or$5,000 (2 C.F.R. Part 200 (as updated)). funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity —the entity that approves the project that is the subject to this Agreement. grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved 2 C.F.R. 200 as updated). long-term compliance period—The term of years, beginning on the end date of the agreement,when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share—The portion of the total project cost provided by the Sponsor. milestone—An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office—Means the Recreation and Conservation Office or RCO. pass-through entity —A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance—The period beginning on the project start date and ending on the project end date. pre-agreement cost—A project cost incurred before the period of performance. primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area—The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project—The status of a project when all of the following have occurred: The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. A final project report is submitted to and accepted by RCO. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. A final reimbursement request has been delivered to and paid by RCO. RCO:24-1092 Revision Date: 10/26/2023 Page 12 of 25 Sponsor Number: 24-1092 Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. Part 200 (as updated))for federally funded projects). project end date—The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date—The specific date identified in the Agreement on which the period of performance starts. RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW—Revised Code of Washington reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project—A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project—A project intended to bring a site back to its historic function as part of a natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of(or part of) a site, landscape, marine environment, or watershed. restoration and/or enhancement project—A project that brings a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting fish stocks. secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB—Salmon Recovery Funding Board subaward—Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200 as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation—Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially-affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. RCO: 24-1092 Revision Date: 10/26/2023 Page 13 of 25 Sponsor Number: 24-1092 useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC—Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to RCO:24-1092 Revision Date: 10/26/2023 Page 14 of 25 Sponsor Number: 24-1092 the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other applicable laws,the following laws: A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the RCO: 24-1092 Revision Date: 10/26/2023 Page 15 of 25 Sponsor Number: 24-1092 Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. 2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35. 130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2)The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27. 44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the RCO: 24-1092 Revision Date: 10/26/2023 Page 16 of 25 Sponsor Number: 24-1092 Sponsor. F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. G. Inadvertent Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at(360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42. 56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to RCO:24-1092 Revision Date: 10/26/2023 Page 17 of 25 Sponsor Number: 24-1092 indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. 2) On-site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and 3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. RCO: 24-1092 Revision Date: 10/26/2023 Page 18 of 25 Sponsor Number: 24-1092 B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES)AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent,franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; 2) Value of any service(s)furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. RCO: 24-1092 Revision Date: 10/26/2023 Page 19 of 25 Sponsor Number: 24-1092 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. ACKNOWLEDGMENT AND SIGNS A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. 1) During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2) During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the RCO: 24-1092 Revision Date: 10/26/2023 Page 20 of 25 Sponsor Number: 24-1092 same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species"which is available on the WISC Web site. E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A. Long-Term Obligations. This section applies to completed projects only. B. Perpetuity. For acquisition and development projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. C. Conversion. The Sponsor shall not at any time convert any real property(including any interest therein) or facility acquired, developed, and/or renovated pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it)to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, and/or renovated with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. 1) When a conversion has been determined to have occurred,the Sponsor shall remedy the conversion as set forth in this Agreement(with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement or law. CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: RCO:24-1092 Revision Date: 10/26/2023 Page 21 of 25 Sponsor Number: 24-1092 A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1) According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2) In a reasonably safe condition for the project's intended use; 3) Throughout its estimated useful service life so as to prevent undue deterioration; 4) In compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: 1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3) Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate Sponsor, including any nonprofit Sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the Sponsor's obligation to the project as identified in the Agreement. B. Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities, and transfer all property and assets to the successor. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the Sponsor's obligation to the qualified successor if requirements are met. C. Maintain sites or facilities open to the public and may not limit access to members. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203 b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; RCO:24-1092 Revision Date: 10/26/2023 Page 22 of 25 Sponsor Number: 24-1092 D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and RCO:24-1092 Revision Date: 10/26/2023 Page 23 of 25 Sponsor Number: 24-1092 pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. RCO: 24-1092 Revision Date: 10/26/2023 Page 24 of 25 Sponsor Number: 24-1092 The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys'fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO: 24-1092 Revision Date: 10/26/2023 Page 25 of 25 Sponsor Number: 24-1092 Exhibit C Aquatneat® Product Label and Triclopyr Chemical Fact Sheet Exhibit C 67720-1_book_art.gxp 6/1/15 12:36 PM Page 1 GROUP Q HERBICIDE wl Aquatic Herbicide FOR USE ON EMERGED AQUATIC WEEDS AND BRUSH IN AQUATIC SITES.FOR USE IN FORESTRY(INCLUDING WEED CONTROL IN CHRISTMAS TREE PLANTATIONS),PASTURES,RANGELANDS,RIGHTS-OF-WAY,HABITAT RESTORATION AREAS,NON-CROP AND OTHER LISTED APPLICATION SITES. ACTIVE INGREDIENT: Glyphosate,N-(phosphonomethyl)glycine,in the form of its isopropylamine salt'53.8% OTHER INGREDIENTS. 46.2% TOTAL•100.0% Contains 648 grams per litre or 5.4 pounds per U.S.gallon of the active ingredient,glyphosate,in the form of its isopropylamine salt.Equivalent to 480 grams per litre or 4 pounds per U.S.gallon of the acid,glyphosate. KEEP OUT OF REACH OF CHILDREN For or ExpoChemule,Call cal ICHEMTREC 800) 424-9300 CAUTION / PR E CAU C I O N For Medical Emergencies Only, Call(877) 325-1840 Si usted no entiende la etiqueta,busque a alguien para que se la explique a usted en detalle. If you do not understand the label,find someone to explain it to you in detail.) Manufactured for SEE INSIDE BOOKLET FOR FIRST AID AND ADDITIONAL PRECAUTIONARY STATEMENTS Nufarm Americas Inc. 11901 S.Austin Avenue EPA Reg.No.228-365 EPA Est.No.228-IL-001 Alsip,IL 60803 sit Nufarm Grow a better tomorrow. Net Contents 2.5 Gal. 9.46 L) 7 36211 76276 c Nonrefillable Container file:67720-1_book_art created:03/11/09 and - folder:67720-1_Nufarm_14501000[3] alt:06-01-15 jw colors:black,348,4625,329 size:5.5"(w)x 6.5"(h) barcode:upca,80%,-39m 0 dp proofed___ 1 67720-1_book art.gxp 6/1/15 12:36 PM Page 2 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION/PRECAUCION Harmful if inhaled.Avoid breathing spray mist.Remove contaminated clothing and wash clothing before reuse.Wash thoroughly with soap and water after handling. FIRST AID IF INHALED •Move person to fresh air. If person is not breathing,call 911 or an ambulance,then give artificial respiration,preferably by mouth-to-mouth, if possible. Call a poison control center or doctor for further treatment advice. HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor,or going for treatment. You may also contact 1-877-325-1840 for emergency medical treatment information. PERSONAL PROTECTIVE EQUIPMENT(PPE): Applicators and other handlers must wear long-sleeved shirt and long pants and shoes plus socks.Discard clothing and other absorbent materials that have been drenched or heavily contaminated with this product's concentrate.Do not reuse them.Follow manufacturer's instructions for cleaning/maintaining PPE.If no such instructions for washables exists,use detergent and hot water.Keep and wash PPE separately from other laundry. Engineering Control Statements:When handlers use closed systems,enclosed cabs,or aircraft in a manner that meets the requirements listed in Worker Protection Standard(WPS)for agricultural pesticides(40 CFR 170.240(d)j,the handler PPE requirements may be reduced or modified as specified in the WPS. USER SAFETY RECOMMENDATIONS Users Should: Wash hands before eating,drinking,chewing gum,using tobacco,or using the toilet. Remove clothing immediately if pesticide gets inside.Then wash thoroughly and put on clean clothing. ENVIRONMENTAL HAZARDS For aquatic uses,do not contaminate water when disposing of equipment washwaters.Treatment of aquatic weeds can result in oxygen depletion or loss due to decomposition of dead plants.This oxygen loss can cause fish suffocation. For terrestrial uses,do not apply directly to water,to areas where surface water is present or to intertidal areas below the mean high water mark. In case of,SPILL OR LEAK,soak up and remove to a landfill.Do not contaminate water when disposing of equipment washwaters or rinsate. PHYSICAL OR CHEMICAL HAZARDS Spray solutions of this product must be mixed,stored and applied using only stainless steel,aluminum,fiberglass,plastic and plastic- lined steel containers. DO NOT MIX,STORE OR APPLY THIS PRODUCT OR SPRAY SOLUTIONS OF THIS PRODUCT IN GALVANIZED STEEL OR UNLINED STEEL(EXCEPT STAINLESS STEEL)CONTAINERS OR SPRAY TANKS.This product or spray solutions of this product react with such containers and tanks to produce hydrogen gas which may form a highly combustible gas mixture.This gas mixture could flash or explode, causing serious personal injury,if ignited by open flame,spark,welder's torch,lighted cigarette or other ignition source. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Do not apply this product in a way that will contact workers or other persons,either directly or through drift.Only protected handlers may be in the area during application.For any requirements specific to your State or Tribe,consult the State or Tribal agency responsible for pesticide regulation. Read the entire label before using this product.Use strictly in accordance with label precautionary statements and directions. 2 67720-1_book_art.gxp 6/1/15 12:36 PM Page 3 AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker Protection Standard,40 CFR Part 170.This Standard contains requirements for the protection of agricultural workers on farms,forests,nurseries,and greenhouses,and handlers of agricultural pesticides.It contains requirements for training decontamination,notification,and emergency assistance.It also contains specific instructions and exceptions pertaining to the statements on this label about personal protection equipment(PPE)and Restricted-Entry Interval.The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the Restricted-Entry Interval(REI)of 4 hours. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated,such as plants,soil,or water,is:coveralls,shoes plus socks,and waterproof gloves. NON-AGRICULTURAL USE REQUIREMENTS The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides(40 CFR Part 170).The WPS applies when this product is used to produce agricultural plants on farms,forests, nurseries or greenhouses.Keep people and pets off treated areas until spray solution has dried. PRODUCT INFORMATION DO NOT APPLY THIS PRODUCT USING AERIAL SPRAY EQUIPMENT EXCEPT UNDER CONDITIONS AS SPECIFIED WITHIN THIS LABEL OR CURRENT SUPPLEMENTAL LABELING ISSUED BY MANUFACTURER. This product,a water-soluble liquid,mixes readily with water and nonionic surfactant to be applied as a foliar spray after dilution and thoroughly mixing with water in accordance with label instructions for the control or destruction of many herbaceous and woody plants. Always use the higher rate of this product per acre within the specified range when vegetation is heavy or dense,when treating dense multi-canopied sites,or woody vegetation or difficult-to-control herbaceous or woody plants. This product moves through the plant from the point of foliage contact to and into the root system.Visible effects on most annual weeds occur within 2 to 4 days but on most perennial brush species may not occur for 7 days or more.Extremely cool or cloudy weather following treatment may slow the activity of this product and delay visual effects of control.Visible effects are a gradual witting and yellowing of the plant which advances to complete browning of above-ground growth and deterioration of underground plant parts. Unless otherwise directed on this label,delay application until vegetation has emerged and reached the stages described for control of such vegetation under the"WEEDS CONTROLLED"section of this label. Unemerged plants arising from unattached underground rhizomes or root stocks of perennials or brush will not be affected by the spray and will continue to grow.For this reason best control of most perennial weeds or brush is obtained when treatment is made at late growth stages approaching maturity. Do not treat weeds or brush under poor growing conditions such as drought stress,disease or insect damage,as reduced control may result.Reduced results may also occur when treating weeds or brush heavily covered with dust. Reduced control may result when applications are made to any weed or brush species that have been mowed,grazed or cut,and have not been allowed to regrow to the recommended stage for treatment. Rainfall or irrigation occurring within 6 hours after application may reduce effectiveness.Heavy rainfall or irrigation within 2 hours after application may wash the product off the foliage and a repeat treatment may be required. Mixing this product with herbicides or other materials not instructed in this label may result in reduced performance.However,unless otherwise prohibited on this label or the label of an intended tank mix product may be applied in combination with any herbicide registered for the same site,timing,and method of application.Observe the most restrictive label statements of various tank mix products used. TO THE FULLEST EXTENT PERMITTED BY LAW,BUYER AND ALL USERS ARE RESPONSIBLE FOR ALL LOSS OR DAMAGE IN CONNECTION WITH THE USE OR HANDLING OF MIXTURES OF THIS PRODUCT OR OTHER MATERIALS THAT ARE NOT EXPRESSLY SPECIFIED IN THIS LABEL. For best results,spray coverage must be uniform and complete.Do not spray weed foliage to the point of runoff. When this product comes in contact with soil(on the soil surface or as suspended soil or sediment in water)it is bound to soil particles. Under labeled use situations,once this product is bound to soil particles,it is not available for plant uptake and will not harm off-site vegetation where roots grow into the treatment area or if the soil is transported off-site.Under labeled use conditions,the strong affinity of this product to soil particles prevents this product from leaching out of the soil profile and entering ground water.The affinity between this product and soil particles remains until this product is degraded,which is primarily a biological degradation process carried out under both aerobic and anaerobic conditions by soil micro flora. This product does not provide residual weed control.For subsequent residual weed control,follow a label-approved herbicide program. Read and carefully observe the cautionary statements and all other information appearing on the labels of all herbicides used.Read WARRANTY DISCLAIMER"and"LIMITATION OF LIABILITY"before buying or using.If items are not acceptable,return at once unopened.Buyer and all users are responsible for all loss or damage in connection with the use of handling of mixtures of this product or other materials that are not expressly specified in this label. For more product information,call toll-free 1-800-345-3330. 3 67720-1_book_art.qxp 6/1/15 12:36 PM Page 4 ATTENTION AVOID CONTACT WITH FOLIAGE,GREEN STEMS,EXPOSED NON-WOODY ROOTS,OR FRUIT OF CROPS,DESIRABLE PLANTS AND TREES,SINCE SEVERE INJURY OR DESTRUCTION MAY RESULT.AVOID DRIFT.EXTREME CARE MUST BE USED WHEN APPLYING THIS PRODUCT TO PREVENT INJURY TO DESIRABLE PLANTS AND CROPS. Do not allow the herbicide solution to mist,drip,drift or splash onto desirable vegetation since minute quantities of this product can cause severe damage or destruction to the crop,plants or other areas on which treatment was not intended.The likelihood of plant or crop injury occurring from the use of this product is greatest when winds are gusty or in excess of 5 miles per hour or when other conditions,including lesser wind velocities,will allow spray drift to occur.When spraying,avoid combinations of pressure and nozzle type that will result in splatter or fine particles(mist)which are likely to drift.AVOID APPLYING AT EXCESSIVE SPEED OR PRESSURE. NOTE:Use of this product in any manner not consistent with this label may result in injury to persons,animals or crops,or other unintended consequences.When not in use,keep container closed to prevent spills and contamination. WEED RESISTANCE Any weed population may contain plants that are naturally resistant to glyphosate,the active ingredient in this product,and to other herbicides with the same mode of action.ATTENTION:These resistant weed biotypes will not be controlled by this product.Consult advisors such as your local agricultural extension service for agronomic management practices to minimize the occurrence of glyphosate resistance and considerations for supplemental control measures. Weed Management To minimize the occurrence of glyphosate-resistant biotypes,observe the following general weed management practices: Scout application site before and after herbicide applications. Start with a clean application site,using either a burndown herbicide application or tillage. Control weeds early when they are relatively small. Add other herbicides(e.g.a selective and/or a residual herbicide)and cultural practices(e.g.tillage or crop rotation)where appropriate. Utilize the specified label rate for the most difficult to control weed in your field.Avoid tank mixtures with other herbicides that reduce this product's efficacy(through antagonism),or tank mixture directions that encourage application rates of this product below the label directions. Control weed escapes and prevent weeds from setting seeds. Clean equipment before moving from field to field to minimize the spread of weed seed or plant parts. Report any incidence of repeated non-performance of this product on a particular weed to your Nufarm representative,local retailer,or county extension oG agent. Management of yyphosate-Resistant Biotypes Since the occurrence of new glyphosate-resistant weeds cannot be determined until after product use and scientific confirmation, manufacturer is not responsible for any losses that may result from the failure of this product to control glyphosate-resistant weed biotypes. The following good agronomic practices are recommended to reduce the spread of confirmed glyphosate-resistant biotypes: If a naturally occurring resistant biotype is present in your application site,this product should be tank-mixed or applied sequentially with an appropriately labeled herbicide with a different mode of action to achieve control. Cultural and mechanical control practices(e.g.crop rotation or tillage)may also be used as appropriate. Scout treated application site after herbicide applications and control escaping weeds including resistant biotypes before they set seed. Thoroughly clean equipment before leaving fields known to contain resistant biotypes. MIXING AND APPLICATION INSTRUCTIONS APPLY THESE SPRAY SOLUTIONS IN PROPERLY MAINTAINED AND CALIBRATED EQUIPMENT CAPABLE OF DELIVERING DESIRED VOLUMES.HAND-GUN APPLICATIONS MUST BE PROPERLY DIRECTED TO AVOID SPRAYING DESIRABLE PLANTS. NOTE: REDUCED RESULTS MAY OCCUR IF WATER CONTAINING SOIL IS USED,SUCH AS WATER FROM PONDS AND UNLINED DITCHES. TANK MIXTURES Always predetermine the compatibility of labeled tank mixtures of this product with water carrier by mixing small proportional quantities in advance.Mix labeled tank mixtures of this product with water as follows: 1.Place a 20 to 35 mesh screen or wetting basket over filling port. 2.Through the screen,fill the spray tank one-half full with water and start agitation. 3.If a wettable powder is used,make a slurry with the water carrier,and add it SLOWLY through the screen into the tank.Continue agitation. 4.If a flowable formulation is used,premix one part flowable with one part water.Add diluted mixture SLOWLY through the screen into the tank.Continue agitation. 5. If an emulsifiable concentrate formulation is used,premix one part emulsifiable concentrate with two parts water.Add diluted SLOWLY through the screen into the tank.Continue agitation. 6.Continue filling the spray tank with water and add the required amount of this product near the end of the filling process. 7.Where nonionic surfactant is recommended,add this to the spray tank before completing the filling process. 8.Add individual formulations to the spray tank as follows:wettable powder,flowable,emulsifiable concentrate,drift control additive, water soluble liquid followed by surfactant. 4 67720-1_book_art.gxp 6/1/15 12:36 PM Page 5 Maintain good agitation at all times until the contents of the tank are sprayed.If the spray mixture is allowed to settle,thorough agitation is required to resuspend the mixture before spraying is resumed.To prevent or minimize foam,avoid the use of mechanical agitators,place the filling hose below the surface of the spray solution,terminate by-pass and return lines at the bottom of the tank and if needed use an approved anti-foam or defoaming agent. Use screen size in nozzle or line strainers that are no finer than 50 mesh.Carefully select proper nozzle to avoid spraying a fine mist.For best results with conventional ground application equipment,use flat fan nozzles. Clean sprayer and parts immediately after using this product by thoroughly flushing with water. For best results with conventional ground application equipment,use flat fan nozzles.Check for even distribution of spray droplets. When using this product,mix 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution.Use a nonionic surfactant labeled for use with herbicides.The surfactant must contain 50 percent or more active ingredient. Always read and follow the manufacturer's surfactant label instructions for best results. Do not use surfactants in excess of 1 quart per acre when making broadcast applications. Colorants or marking dyes approved for use with herbicides may be added to spray mixtures of this product.Colorants or dyes used in spray solutions of this product may reduce performance,especially at lower rates or dilutions.Use colorants or dyes according to the manufacturer's label instructions. Clean sprayer and parts immediately after using this product by thoroughly flushing with water and dispose of rinsate according to labeled use or disposal instructions. Carefully observe all cautionary statements and other information appearing in the surfactant label. APPLICATION EQUIPMENT AND TECHNIQUES This product may be applied with the following application equipment: Broadcast Spray Controlled Droplet Applicator(CDA)-Hand-held or boom-mounted applicators which produce a spray consisting of a narrow range of droplet sizes. Hand-Held and High-Volume Spray Equipment'-Knapsack and backpack sprayers,pump-up pressure sprayers, handguns, handwands,lances and other hand-held and motorized spray equipment used to direct the spray onto weed foliage. This product is not registered in California or Arizona for use in mistblowers. Selective Equipment-Recirculating sprayers and wiper applicators.See the appropriate part of this section for specific instructions and rates of application. Aerial-Fixed Wing and Helicopter APPLICATION INFORMATION Observe the following directions to minimize off-site movement during aerial application of this herbicide.Minimization of off-site movement is the responsibility of the grower,Pest Control Advisor,and aerial applicator. BOOM EQUIPMENT For control of weed or brush species listed in this label using conventional boom equipment-Use the specified rates of this product and surfactant in 3 to 30 gallons of water per acre as a broadcast spray,unless otherwise specified.See the"WEEDS CONTROLLED"section of this label for specific rates.As density of vegetation increases,spray volume may be increased within the specified range to ensure complete coverage.Carefully select correct nozzle to avoid spraying a fine mist.For best results with ground application equipment,use flat fan nozzles.Check for even distribution of spray droplets. HAND-HELD AND HIGH-VOLUME EQUIPMENT Use Coarse Sprays Only For control of weeds listed in this label using knapsack sprayers or high-volume spraying equipment utilizing handguns or other suitable nozzle arrangements-Prepare a 0.75 to 2 percent solution of this product in water,add a nonionic surfactant and apply to foliage of vegetation to be controlled.For specific rates of application and instructions for control of various annual and perennial weeds, see the"WEEDS CONTROLLED"section in this label. Apply on a spray-to-wet basis so that the spray coverage is uniform and complete.Do not spray to point of runoff. This product may be used as a 5 to 8 percent solution plus 0.5 to 1 fluid ounce non-ionic surfactant per gallon spray solution for low- volume directed sprays for spot treatment of trees and brush.It is most effective in areas where there is a low density of undesirable trees or brush.If a straight stream nozzle is used,start the application at the top of the targeted vegetation and spray from top to bottom in a lateral zig-zag motion.Ensure that at least 50 percent of the leaves are contacted by the spray solution.For flat fan and cone nozzles and with hand-directed mist blowers,mist the application over the foliage of the targeted vegetation.Small,open-branched trees need only be treated from one side.If the foliage is thick or there are multiple root sprouts,applications must be made from several sides to ensure adequate spray coverage. 5 67720-1_book_art.gxp 6/1/15 12:36 PM Page 6 For use in knapsack sprayers,It is suggested that the specified amount of this product be mixed with water in a large container.Fill sprayer with the mixed solution and add the correct amount of surfactant. Prepare the desired volume of spray solution by mixing the amount of this product in water as shown in the following table: SPRAY SOLUTION DESIRED AMOUNT OF PRODUCT VOLUME 0.75% 1.0% 1.25% 1.5% 5.0% 8.0% 1 Gallon 1.0 fl.oz. 1.33 fl.oz. 1.68 fl.oz. 2.0 fl.oz. 6.0 fl.oz. 10.25 fl.oz. 25 Gallons 1.5 pts. 1.0 qt. 1.25 qts.1.5 qts. 5.0 qts.2. 0 gals. 100 Gallons 3.0 qts. 1.0 gal.1.25 gals. 1.5 gals.5. 0 gals.8.0 gals. 2 Tablespoons=1 fluid ounce SELECTIVE EQUIPMENT For terrestrial application,this product may be applied through a shielded applicator,or a wiper applicator after dilution and thorough mixing with water to listed weeds growing in any non-crop site specified on this label. A shielded applicator directs the herbicide solution onto weeds,while shielding desirable vegetation from the herbicide. A wiper applicator applies the herbicide solution onto weeds by rubbing the weed with an absorbent material containing the herbicide solution. AVOID CONTACT WITH DESIRABLE VEGETATION. This section summarizes the general weed control spectrum and rates of application for this herbicide.Additional information specific to individual use patterns is detailed in following sections. AERIAL EQUIPMENT Use the specified rates of this product and surfactant in 3 to 20 gallons of water per acre as a broadcast spray,unless otherwise specified. See the"WEEDS CONTROLLED"section of this label for specific rates.Unless otherwise specified,do not exceed 1.5 pints per acre. Aerial applications of this product may only be made as specified in this label. AVOID DRIFT-DO NOT APPLY DURING LOW-LEVEL INVERSION CONDITIONS,WHEN WINDS ARE GUSTY OR UNDER ANY OTHER CONDITION WHICH WILL ALLOW DRIFT.DRIFT MAY CAUSE DAMAGE TO ANY VEGETATION CONTACTED TO WHICH TREATMENT IS NOT INTENDED.TO PREVENT INJURY TO ADJACENT DESIRABLE VEGETATION,APPROPRIATE BUFFER ZONES MUST BE MAINTAINED. Coarse sprays are less likely to drift;therefore,do not use nozzles or nozzle configurations which dispense spray as fine spray droplets. Do not angle nozzles forward into the airstream and do not increase spray volume by increasing nozzle pressure above the manufacturer's instructions. Drift control additives may be used.When a drift control additive is used,read and carefully observe the precautionary statements and all other information appearing in the additive label. Ensure uniform application-To avoid streaked,uneven or overlapped application,use appropriate marking devices. Thoroughly wash aircraft,especially landing gear,after each day of spraying to remove residues of this product accumulated during spraying or from spills.PROLONGED EXPOSURE OF THIS PRODUCT TO UNCOATED STEEL SURFACES MAY RESULT IN CORROSION AND POSSIBLE FAILURE OF THE PART.LANDING GEAR ARE MOST SUSCEPTIBLE.The maintenance of an organic coating(paint) which meets aerospace specification MIL-C-38413 may prevent corrosion. For use of this product by air in California see additional instructions in"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"Section. FOR AERIAL APPLICATION IN CALIFORNIA ONLY EXTREME CARE MUST BE EXERCISED TO AVOID CONTACT OF SPRAY WITH FOLIAGE,GREEN STEMS,OR FRUIT OF DESIRABLE CROPS,PLANTS,TREES,OR OTHER DESIRABLE VEGETATION SINCE SEVERE DAMAGE OR DESTRUCTION MAY RESULT. Written Directions A written direction MUST be submitted by or on behalf of the applicator to the Fresno County Agricultural Commissioner 24 hours prior to the application.This written direction MUST state the proximity of surrounding crops,and that conditions of each manufacturer's applicable product label(s)and this label have been satisfied. Aerial Applicator Training and Equipment Aerial application of this herbicide is limited to pilots who have successfully completed a Fresno County Agricultural Commissioner and California Department of Pesticide Regulation approved training program for aerial application of herbicides.All aircraft must be inspected, critiqued in flight,and certified at a Fresno County Agricultural Commissioner approved fly-in.Test and calibrate spray equipment at intervals sufficient to insure that proper rates of herbicides and adjuvants are being applied during commercial use.Applicator must document such calibrations and testing.Demonstration of performance at Fresno County Agricultural Commissioner approved"fly-ins" constitutes such documentation,or other written records showing calculations and measurements of flight and spray parameters acceptable to the Fresno County Agricultural Commissioner. 6 67720-1_book_art.gxp 6/1/15 12:36 PM Page 7 Application at night Do not apply this product by air earlier than 30 minutes prior to sunrise and/or later than 30 minutes after sunset without prior permission from the Fresno County Agricultural Commissioner. Aquatic and Other Noncrop Sites When applied as directed and under the conditions described in the"Weeds Controlled"section of the label booklet for this product,this herbicide will control or partially control the labeled weeds growing in the following industrial,recreational and public areas,or other similar sites. Aquatic Sites-including all bodies of fresh and brackish water which may be flowing,nonflowing or transient.This includes lakes, rivers,streams,ponds,seeps,irrigation and drainage ditches,canals,reservoirs,estuaries and similar sites. If aquatic sites are present in the noncrop areas and are part of the intended treatment,read and observe the following directions:There is no limit on the use of treated water for irrigation,recreation or domestic purposes. Consult local state fish and game agency and water control authorities before applying this product to public water.Permits may be required to treat such water. NOTE:Do not apply this product within 1/2 mile upstream of an active potable water intake in flowing water(i.e.,river,stream,etc.)or within 1/2 mile of an active potable water intake in a standing body of water such as a lake,pond or reservoir.To make aquatic applications around and within 1/2 mile of active potable water intakes,the water intake must be turned off for a minimum period of 48 hours after the application.The water intake may be turned on prior to 48 hours if the glyphosate level in the intake water is below 0. 7 parts per million as determined by laboratory analysis.These aquatic applications may be made ONLY in those cases where there are alternative water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 48 hours after application. This product does not control plants which are completely submerged or have a majority of their foliage underwater. AVOID DRIFT-DO NOT APPLY WHEN WINDS ARE GUSTY OR UNDER ANY OTHER CONDITION WHICH WILL ALLOW DRIFT.DRIFT MAY CAUSE DAMAGE TO ANY VEGETATION CONTACTED TO WHICH TREATMENT IS NOT INTENDED.TO PREVENT INJURY TO ADJACENT DESIRABLE VEGETATION,APPROPRIATE BUFFER ZONES MUST BE MAINTAINED. Use the following guidelines when aerial applications are made near crops or desirable perennial vegetation after bud break and before total leaf drop,and/or near other desirable vegetation or annual crops. 1.Do not apply within 100 feet of all desirable vegetation or crop(s). 2.If wind up to 5 miles per hour is blowing toward desirable vegetation or crop(s),do not apply within 500 feet of the desirable vegetation or W n s). 3.Windsds blowing from 5 to 10 miles per hour toward desirable vegetation or crop(s)may require buffer zones in excess of 500 feet. 4.Do not apply when winds are in excess of 10 miles per hour or when inversion conditions exist. FOR AERIAL APPLICATION IN FRESNO COUNTY,CALIFORNIA ONLY From February 15 through March 31 only) For aerial application outside of these dates(April 1 through February 14),refer to the"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"section printed above. Applicable Area This supplement only applies to the area contained inside the following boundaries within Fresno County,California only. North:Fresno County line South:Fresno County line East:State Highway 99 West:Fresno County line Information Always read and follow the label directions and precautionary statements for all products used in the aerial application.Observe the following directions to minimize off-site movement during aerial application of this product.Minimization of off-site movement is the responsibility of the grower,Pest Control Advisor and aerial applicator. Written directions MUST be submitted by or on behalf of the applicator to the Fresno County Agricultural Commissioner 24 hours prior to the application.This written direction MUST state the proximity of surrounding crops,and that conditions of each manufacturer's product label and this label have been satisfied. Aerial Applicator Training and Equipment Aerial application of this product is limited to pilots who have successfully completed a Fresno County Agricultural Commissioner and California Department of Pesticide Regulation approved training program for aerial application of herbicides.All aircraft must be inspected, critiqued in flight and certified at a Fresno County Agricultural Commissioner approved fly-in.Test and calibrate spray equipment at intervals sufficient to insure that proper rates of herbicides and adjuvants are being applied during commercial use.Applicator must document such calibrations and testing.Demonstration of performance at Fresno County Agricultural Commissioner approved fly-ins constitutes such documentation,or other written records showing calculations and measurements of flight and spray parameters acceptable to the Fresno County Agricultural Commissioner. 7 67720-1_book_art.gxp 6/1/15 12:36 PM Page 8 Applications at Night—Do not apply this product by air earlier than 30 minutes prior to sunrise and/or later than 30 minutes after sunset without prior permission from the Fresno County Agricultural Commissioner. For aerial application from April 1 through February 14,refer to the"FOR AERIAL APPLICATION IN CALIFORNIA ONLY"section printed above. SPRAY DRIFT MANAGEMENT Avoiding spray drift at the application site is the responsibility of the applicator.The interaction of many equipment and weather'related factors determine the potential for spray drift.The applicator and the grower are responsible for considering all these factors when making decisions.The following drift management requirements must be followed to avoid off-target drift movement from aerial applications.These requirements do not apply to forestry applications,public health uses or to applications using dry formulations. 1.The distance of the outer most operating nozzles on the boom must not exceed 3/4 the length of the rotor. 2.Nozzles must always point backward parallel with the air stream and never be pointed downward more than 45 degrees.Where states have more stringent regulations,they must be observed. The applicator must be familiar with and take into account the information covered in the Aerial Drift Reduction Advisory Information. Importance of Droplet Size The most effective way to reduce drift potential is to apply large droplets.The best drift management strategy is to apply the largest droplets that provide sufficient coverage and control.Applying larger droplets reduces drift potential,but will not prevent drift if applications are made improperly,or under unfavorable environmental conditions(see Wind,Temperature and Humidity,and Temperature Inversions sections of this label). Controlling Droplet Size Volume-Use high flow rate nozzles to apply the highest practical spray volume.Nozzles with higher rated flows produce larger droplets. Pressure-Do not exceed the nozzle manufacturer's specified pressures.For many nozzle types,lower pressure produces larger droplets.When higher flow rates are needed,use higher flow rate nozzles instead of increasing pressure.Higher pressure reduces droplet size and does not improve canopy protection. Number of Nozzles-Use the minimum number of nozzles that provide uniform coverage. Nozzle Orientation-Orienting nozzles so that the spray is released backwards,parallel to the air stream produces larger droplets than other orientations.Significant deflection from horizontal will reduce droplet size and increase drift potential. Nozzle Type-Use a nozzle type that is designed for the intended application.With most nozzle types,narrower spray angles produce larger droplets.Consider using low-drift nozzles.Solid stream nozzles oriented straight back produce the largest droplets and the lowest drift. Boom Length-For some use patterns,reducing the effective boom length to less than 3/ 4 of the wingspan or rotor length may further reduce drift without reducing swath width. Application Height-Applications must not be made at a height greater than 10 feet above the top of the largest plants unless a greater height is required for aircraft safety.Making applications at the lowest height that is safe reduces exposure of droplets to evaporation and wind. Swath Adjustment When applications are made with a crosswind,the swath will be displaced downwind.Therefore,on the up and downwind edges of the field,the applicator must compensate for this displacement by adjusting the path of the aircraft upwind.Swath adjustment distance must increase,with increasing drift potential(higher wind,smaller drops,etc.). Wind Drift potential is lowest between wind speeds of 2-10 mph.However,many factors,including droplet size and equipment type,determine drift potential at any given speed.Do not make applications when wind speed is below 2 mph due to variable wind direction and high inversion potential.Note:Local terrain can influence wind patterns.Every applicator must be familiar with local wind patterns and how they affect spray drift. Temperature and Humidity When making applications in low relative humidity,set up equipment to produce larger droplets to compensate for evaporation.Droplet evaporation is most severe when conditions are both hot and dry. Temperature Inversions Applications must not occur during a local,low level temperature inversion because drift potential is high.Temperature inversions restrict vertical air mixing,which causes small suspended droplets to remain in a concentrated cloud.This cloud can move in unpredictable directions due to the light variable winds common during inversions.Temperature inversions are characterized by increasing temperatures with attitude and are common on nights with limited cloud cover and light to no wind.They begin to form as the sun sets and often continue into the morning.Their presence can be indicated by ground fog;however,if fog is not present,inversions can also be identified by the movement of the smoke from a ground source or an aircraft smoke generator.Smoke that layers and moves laterally in a concentrated cloud(under low wind conditions)indicates an inversion,while smoke that moves upward and rapidly dissipates indicates good vertical air mixing. 8 67720-1_book_art.gxp 6/1/15 12:36 PM Page 9 Sensitive Areas Only make applications when the potential for drift to adjacent sensitive areas(e.g.,residential areas,bodies of water,known habitat for threatened or endangered species,non-target crops)is minimal(e.g.when wind is blowing away from the sensitive areas). WEEDS CONTROLLED ANNUAL WEEDS Apply to actively growing annual grasses and broadleaf weeds. Allow at least 3 days after application before disturbing treated vegetation.After this period the weeds may be mowed,tilled or burned. See"DIRECTIONS FOR USE","PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"for labeled uses and specific application instructions. Broadcast Application-Use 1-1/2 pints of this product per acre plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution,if weeds are less than 6 inches tall.If weeds are greater than 6 inches tall,use 2-1/2 pints of this product per acre plus 2 or more quarts of an approved nonionic surfactant per 100 gallons of spray solution. Hand-Held,High-Volume Application-Use a 3/4 percent solution of this product in water plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution and apply to foliage of vegetation to be controlled. When applied as directed under the conditions described in this label,this product plus nonionic surfactant WILL CONTROL the following ANNUAL WEEDS: Balsamapple•• Foxtail Rocket,London Momordica charantia Setaha spp. Sisymbrium irio Barley Foxtail,Carolina Rye Hordeum vulgare Alopecurus carolinianus Secale cereale Barnyardgrass Groundsel,common Ryegrass,Italian* Echinochloa crus-galli Senecio vulgaris Lolium multiflorum Bassia,fivehook Horseweed/Marestail Sandbur,field Bassia hyssopifolia Conyza canadensis Cenchrus spp. Bluegrass,annual Kochia* Shattercane Poa annua Kochia scoparia Sorghum bicolor Bluegrass,bulbous Lambsquarters,common Shepherd's-purse Poa bulbosa Cheno p Capsella bursa-pastoris Brome•y Signalgrass,broadleaf Bromus spp. album Lettuce,prickly* odium Lactuca serriola Brachiaha platyphylla Buttercup podium Smartweed,Pennsylvania Ranunculus spp. 1pomoea spp.Polygonum pensylvanicum Cheat Mustard,blue Sowthistle,annual* Bromus secalinus Chorispora tenella Sonchus oleraceus Chickweed,mouseear Mustard,tansy Spanishneedles• Cerastium vulgatum Descurainia pinnata Bidens bipinnata Cocklebur Mustard,tumble Spurry,umbrella Xanthium strumarium Sisymbrium altissimum Holosteum umbellatum Corn,volunteer Mustard,wild Stinkgrass Zea mays Sinapis arvensis Eragrostis cilianensis Crabgrass Oats,wild Sunflower* Digitaria spp.Avena fatua Helianthus annuus Dwarf dandelion Panicum" Thistle,Russian Krigia cespitosa Panicum spp. Salsola kali False dandelion Pennycress,field Velvetleaf" Krigia cespitosa Thlaspi arvense Abutilon theophrasti Falseflax,smallseed Pigweed,redroot Wheat Camelina microcarpa Amaranthus retroflexus Triticum aestivum Fiddleneck• Pigweed,smooth Witchgrass Amsinckia spp. Amaranthus hybridus Panicum capillare Flax leaf fleabane* Ragweed,common* Conyza bonariensis Ambrosia artemisiifolia Fleabane Ragweed,giant* Erigeron spp.Ambrosia trifida Apply 3 pints of this product per acre. Apply with hand-held equipment only. Annual weeds will generally continue to germinate from seed throughout the growing season.Repeat treatments will be necessary to control later germinating weeds. 9 67720-1_book_art.gxp 6/1/15 12:36 PM Page 10 PERENNIAL WEEDS Apply this product as follows to control or destroy most vigorously growing perennial weeds.Unless otherwise directed,allow at least 7 days after application before disturbing vegetation. See individual control instructions for specific weeds following the table.For other perennials listed on this label,apply 4-1/2 to 7-1/2 pints of product per acre as a broadcast spray or as a 3/ 4 to 1- 1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached early head or early bud stage of growth. Add 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution to the rates of this product given in this list.See the PRODUCT INFORMATION","DIRECTIONS FOR USE"and"MIXING AND APPLICATION"sections in this label for specific uses and application instructions. NOTE:If weeds have been mowed or tilled,do not treat until regrowth has reached the recommended stages.Fall treatments must be applied before a killing frost. Repeat treatments may be necessary to control weeds regenerating from underground parts or seed. When applied as specified under the conditions described,this product plus surfactant WILL CONTROL the following PERENNIAL WEEDS: Alfalfa Fescue,tall Paragrass Medicago sativa Festuca arundinacea Brachiaria mutica Alligatorweed' Guineagrass Phragmites** Altemanthera philoxeroides Panicum maximum Phragmites spp. Anise/Fennel Hemlock,poison Ouackgrass Foeniculum vulgare Conium maculatum Agropyron repens Artichoke,Jerusalem Horsenettle Reed,giant Helianthus tuberosus Solanum carolinense Arundo donax Bahiagrass Horseradish Ryegrass,perennial Paspalum notatum Armoracia rusticana Lolium perenne Bermudagrass Ice Plant Smartweed,swamp Cynodon dactylon Mesembryanthemum crystallinum Polygonum coccineum Bindweed,field Johnsongrass Spatterdock Convolvulus arvensis Sorghum halepense Nuphar luteum Bluegrass,Kentucky Kikuyugrass Starthistle,yellow Poa pmtensis Pennisetum clandestinum Centaurea solstitalis Blueweed,Texas Knapweed Sweet potato,wild* Helianthus ciliaris Centaurea repens Ipomoea pandurata Brackenfern Lantana Thistle,artichoke Pteridium spp. Lantana camara Cynara cardunculus Bromegrass,smooth Lespedeza:common,services Thistle,Canada Bromus inermis Lespedeza striate Cirsium arvense Canarygrass,reed Lespedeza cuneata Timothy Phalan anindinacea Loosestrife,purple Phleum pratense Cattail Lythrum salicaria Torpedograss' Typha spp. Lotus,American Panicum repens Clover,red Nelumbo lutea Tules,common Trifolium pratense Maidencane Scirpus acutus Clover,white Panicum hematomon Vaseygrass Tnfolium repens Milkweed Paspalum urvillei Cogongrass Asclepias spp. Velvetgrass Imperata cylindrica Muhly,wirestem Holcus spp. Cordgrass Muhienbergia frondonsa Waterhyacinth Spartina spp.Mullein,common Eichomia crassipes Cutgrass,giant' Verbascum thapsus Waterlettuce Zizaniopsis miliacea Napiergrass Pistia stratiotes Dallisgrass Pennisetum purpureum Waterprimrose Paspalum dilatatum Nightshade,silverleaf Ludwigia spp. Dandelion Solanum elaeagnifolium Wheatgrass,western Taraxacum officinale Nutsedge:purple,yellow Agropyron smith,, Dock,curly Cyperus rotundus Rumex cnspus Cyperus esculentus Dogbane,hemp Orchardgrass Apocynum cannabinum Dactylis glomerate Fescue Pampas grass Festuca spp. Cortadena jubata Partial control. Partial control in southeastern states.See specific instructions below. 10 67720-1_book art.gxp 6/1/15 12:36 PM Page 11 Alligatorweed-Apply 6 pints of this product per acre as a broadcast spray or as a 1-1/4 percent solution with hand-held equipment to provide partial control of alligatorweed.Apply when most of the target plants are in bloom.Repeat applications will be required to maintain such control. Bermudagrass-Apply 7-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment. Apply when target plants are actively growing and when seedheads appear. Bindweed,field/Silverleaf Nightshade/Texas Blueweed-Apply 6 to 7-1/2 pints of this product per acre as a broadcast spray west of the Mississippi River and 4-1/2 to 6 pints of this product per acre east of the Mississippi River.With hand-held equipment,use a 1- 1/2 percent solution.Apply when target plants are actively growing and are at or beyond full bloom.For silverleaf nightshade,best results can be obtained when application is made after berries are formed.Do not treat when weeds are under drought stress.New leaf development indicates active growth.For best results apply in late summer or fall. Brackenfern-Apply 4-1/2 to 6 pints of this product per acre as a broadcast spray or as a 3/4 to 1 percent solution with hand-held equipment.Apply to fully expanded fronds which are at least 18 inches long. Cattail-Apply 4-1/2 to 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when target plants are actively growing and are at or beyond the early-to-full bloom stage of growth.Best results are achieved when application is made during the summer or fall months. Cogongrass-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray.Apply when cogongrass is at least 18 inches tall and actively growing in late summer or fall.Allow 7 or more days after application before tillage or mowing.Due to uneven stages of growth and the dense nature of vegetation preventing good spray coverage,repeat treatments may be necessary to maintain control. Cordgrass-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1 to 2 percent solution with hand-held equipment.Schedule applications in order to allow 6 hours before treated plants are covered by tidewater.The presence of debris and sift on the cordgrass plants will reduce performance.It may be necessary to wash targeted plants prior to application to improve uptake of this product into the plant. Cutgrass,giant-Apply 6 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand-held equipment to provide partial control of giant cutgrass.Repeat applications will be required to maintain such control,especially where vegetation is partially submerged in water.Allow for substantial regrowth to the 7-to 10-leaf stage prior to retreatment. Dogbane,hemp/Knapweed/Horseradish-Apply 6 pints of this product per acre as a broadcast spray or as a 1- 1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the late bud-to-flower stage of growth. For best results,apply in late summer or fall. Fescue,tall-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 1 percent solution with hand-held equipment. Apply when target plants are actively growing and most have reached the boot-to-head stage of growth.When applied prior to the boot stage,less desirable control may be obtained. Guineagrass-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Apply when target plants are actively growing and when most have reached at least the 7-leaf stage of growth. Johnsongrass/Bluegrass, Kentucky/Bromegrass, smooth/Canarygrass, reed/Orchardgrass/Ryegrass, perennial/Timothy/ Wheatgrass,western-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the boot-to-head stage of growth.When applied prior to the boot stage,less desirable control may be obtained.In the fall,apply before plants have turned brown. Lantana-Apply this product as a 3/4 to 1 percent solution with hand-held equipment.Apply to actively growing Lantana at or beyond the bloom stage of growth.Use the higher application rate for plants that have reached the woody stage of growth. Loosestrife,purple-Apply 4 pints of this product per acre as a broadcast spray or as a 1 to 1- 1/2 percent solution using hand-held equipment.Treat when plants are actively growing at or beyond the bloom stage of growth.Best results are achieved when application is made during summer or fall months.Fall treatments must be applied before a killing frost. Lotus,American-Apply 4 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Treat when plants are actively growing at or beyond the bloom stage of growth.Best results are achieved when application is made during summer or fall months.Fall treatments must be applied before a killing frost.Repeat treatment may be necessary to control regrowth from underground parts and seeds. Maidencane/Paragrass-Apply 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Repeat treatments will be required,especially to vegetation partially submerged in water.Under these conditions,allow for regrowth to the 7-to 10-leaf stage prior to retreatment. Milkweed,common-Apply 4-1/2 pints of this product per acre as a broadcast spray or as a 1- 1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached the late bud-to-flower stage of growth. Nutsedge:purple,yellow-Apply 4-1/2 pints of this product per acre as a broadcast spray,or as a 3/4 percent solution with hand-held equipment to control existing nutsedge plants and immature nutlets attached to treated plants.Apply when target plants are in flower or when new nutlets can be found at rhizome tips.Nutlets which have not germinated will not be controlled and may germinate following treatment.Repeat treatments will be required for long-term control. Pampasgrass-Apply a 1-1/2 percent solution of this product with hand-held equipment when plants are actively growing. 11 67720-1_book_art.qxp 6/1/15 12:36 PM Page 12 Phragmites-For partial control of phragmites in Florida and the counties of other states bordering the Gulf of Mexico,apply 7-1/2 pints per acre as a broadcast spray or apply a 1-1/2 percent solution with hand-held equipment.In other areas of the U.S.,apply 4 to 6 pints per acre as a broadcast spray or apply a 3/4 percent solution with hand-held equipment for partial control.For best results,treat during late summer or fall months when plants are actively growing and in full bloom.Due to the dense nature of the vegetation,which may prevent good spray coverage and uneven stages of growth,repeat treatments may be necessary to maintain control.Visual control symptoms will be slow to develop. Quackgrass/Kikuyugrass/Muhly,wirestem-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 3/ 4 percent solution with hand-held equipment when most quackgrass or wirestem muhly is at least 8 inches in height(3-to 4-leaf stage of growth) and actively growing.Allow 3 or more days after application before tillage. Reed,giant/ice plant-For control of giant reed and ice plant,apply a 1-1/2 percent solution of this product with hand-held equipment when plants are actively growing.For giant reed,best results are obtained when applications are made in late summer to fall. Spatterdock-Apply 6 pints of this product per acre as a broadcast spray or as a 3/4 percent solution with hand-held equipment.Apply when most plants are in full bloom.For best results,apply during the summer or fall months. Sweet potato,wild-Apply this product as a 1-1/2 percent solution using hand-held equipment.Apply to actively growing weeds that are at or beyond the bloom stage of growth.Repeat applications will be required.Allow the plant to reach the recommended stage of growth before retreatment. Thistle:Canada,artichoke-Apply 3 to 4-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment for Canada thistle.To control artichoke thistle,apply a 2 percent solution as a spray to wet application.Apply when target plants are actively growing and are at or beyond the bud stage of growth. Torpedograss-Apply 6 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment to provide partial control of torpedograss.Use the lower rates under terrestrial conditions,and the higher rates under partially submerged or a floating mat condition.Repeat treatments will be required to maintain such control. Tubes,common-Apply this product as a 1-1/2 percent solution with hand-held equipment.Apply to actively growing plants at or beyond the seedhead stage of growth.After application,visual symptoms will be slow to appear and may not occur for 3 or more weeks. Waterhyacinth-Apply 5 to 6 pints of this product per acre as a broadcast spray or apply a 3/4 to 1 percent solution with hand-held equipment.Apply when target plants are actively growing and at or beyond the early bloom stage of growth.After application,visual symptoms may require 3 or more weeks to appear with complete necrosis and decomposition usually occurring within 60 to 90 days. Use the higher rates when more rapid visual effects are desired. Waterlettuce-For control,apply a 3/4 to 1 percent solution using hand-held equipment to actively growing plants.Use higher rates where infestations are heavy.Best results are obtained from mid-summer through winter applications.Spring applications may require retreatment. Waterprimrose-Apply this product as a 3/4 percent solution using hand-held equipment.Apply to plants that are actively growing at or beyond the bloom stage of growth,but before fall color changes occur.Thorough coverage is necessary for best control. Other perennials listed on this label-Apply 4-1/2 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment.Apply when target plants are actively growing and most have reached early head or early bud stage of growth. WOODY BRUSH AND TREES See individual control instructions for specific woody brush and trees to be controlled in the following table.For partial control of other woody brush and trees listed in the table,apply 1.5 to 7.5 quarts of this product per acre as a broadcast spray or as a 0.75 to 10 percent solution with hand-held equipment. Apply the specified rate of this product plus 2 or more quarts of a nonionic surfactant per 100 gallons of spray solution when plants are actively growing and,unless otherwise directed,after full-leaf expansion.Use the higher rate for larger plants and/or dense areas of growth.On vines,use the higher rate for plants that have reached the woody stage of growth.Best results are obtained when application is made in late Summer or Fall after fruit formation. Applied as a 5 to 8 percent solution as a directed application as described in the"HAND-HELD AND HIGH-VOLUME EQUIPMENT" section,this product will control or partially control all species listed in this section of the label.Use the higher rate of application for dense stands and larger woody brush and trees. In arid areas,best results are obtained when application is made in the Spring or early Summer when brush species are at high moisture content and are flowering.Ensure thorough coverage when using hand-held equipment.Symptoms may not appear prior to frost or senescence with Fall treatment. Allow 7 or more days after application before mowing or removal.Repeat treatments may be necessary to control plants regenerating from underground parts or seed.Some autumn colors on undesirable deciduous species are acceptable provided no major leaf drop has occurred.Reduced performance may result if Fall treatments are made following a frost. 12 67720-1_book_art.gxp 6/1/15 12:36 PM Page 13 Application Rates' METHOD OF APPLICATION APPLICATION RATE SPRAY VOLUME Gallons/Acre) Broadcast Aerial 1.5 to 7.5 qts./acre 5 to 30 Ground 1.5 to 7.5 qts./acre 10 to 60 Spray-to-Wet Handgun,Backpack,Mistblower 0.75%to 2.0%by volume Spray-to-Wet Low Volume Directed Spray2 Handgun,Backpack,Mistblower 5.0%to 10.0%by volume Partial Coverage Where repeat applications are necessary do not exceed 8.0 quarts per acre per year. For low volume directed spray applications,coverage should be uniform with at least 50 percent of the foliage contacted.For best results,coverage of the top one-half of the plant is important. NOTE:If brush has been mowed or tilled or trees have been cut,do not treat until regrowth has reached the recommended stage of growth. When applied as specified under the conditions described,this product plus surfactant CONTROLS or PARTIALLY CONTROLS the following woody brush plants and trees: Alder Dewberry Monkey Flower* Alnus spp. Rubus trivialis Mimulus guttatus Ash' Dogwood Oak: Fraxinus spp. Comus spp. Black* Aspen,quaking Elderberry Quercus velutina Populus tremuloides Sambucus spp. Northern pine Bearclover,Bearmat Elm* Quercus palustris Chamaebatia foliolosa Ulmus spp. Post Birch Eucalyptus,bluegum Quercus stellata Betula spp. Blackberry Eucalyptus globules Red Hasardia* Quercus rubra Rubus spp. Haplopappus squamosus Southern red Broom: Hawthorn Quercus falcata French Crataegus spp. White* Cytisus monspessulanus Hazel Quercus alba Scotch Corylus spp.Persimmon* Cytisus scoparius Hickory Diospyros spp. Buckwheat,California* Carya spp. Poison Ivy Enogonum fasciculatum Holly,Florida;Brazilian Peppertree Rhus radicans Cascara* Schinus terebinthifolius Poison Oak Rhamnus purshiana Honeysuckle Rhus toxicodendron Catsclaw' Lonicera spp. Poplar,yellow' Acacia greggi Hornbeam,American Liriodendron tulipifera Ceanothus Carpinus caroliniana Prunus Ceanothus spp. Kudzu Prunus spp. Chamise Puerana lobata Raspberry Adenostoma fasciculatum Locust,black'Rubus spp. Cherry: Robinia pseudoacacia Redbud,eastern Bitter Manzanita Cercis canadensis Prunus emarginata Arctostaphylos spp. Rose,multiflora Black Maple: Rosa multiflora Prunus serotina Red" Russian-olive Pin Acer rubrum Elaeagnus angustifolia Prunus pensylvanica Sugar Sage:black, white Coyote brush Acer saccharum Salvia spp. Bachans consanguinea Vine' Sagebrush,California Creeper,Virginia* Acer circinatum Artemisia califomica Parthenocissus quinquefolia continued) 13 67720-1_book_art.gxp 6/1/15 12:36 PM Page 14 Salmonberry Sumac: Tallowtree,Chinese Rubus spectabilis Poison' Sapium sebiferum Salt cedar' Rhus vemix Thimbleberry Tamarix spp. Smooth' Rubus parviflorus Saltbush,Sea myrtle Rhus glabra Tobacco,tree' Bacchans halimifolia Winged' Nicotiana glauca Sassafras Phus copallina Trumpetcreeper Sassafras aibidum Sweet gum Campsis radicans Sourwood' Liquidambar styraciflua Waxmyrtle,southern' Oxydendrum arboreum Swordfern' Mynca centera Polystichum munitum Willow Salix spp. Partial control See below for control or partial control instruction. See the"DIRECTIONS FOR USE"and"MIXING AND APPLICATION INSTRUCTIONS"sections in this label for labeled use and specific application instructions. Apply the product as follows to control or partially control the following woody brush and trees. Alder/Blackberry/Dewberry/Honeysuckle/Oak,Post/Raspberry-For control,apply 4-1/2 to 6 pints per acre as a broadcast spray or as a 3/4 to 1- 1/4 percent solution with hand-held equipment. Aspen,Quaking/Hawthorn/Trumpetcreeper-For control,apply 3 to 4-1/4 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/4 percent solution with hand-held equipment. Birch/Elderberry/HazeUSalmonberry/Thimbleberry-For control,apply 3 pints per acre of this product as a broadcast spray or as a 3/4 percent solution with hand-held equipment. Broom:French,Scotch-For control,apply a 1-1/4 to 1- 1/2 percent solution with hand-held equipment. Buckwheat,California/Hasardia/Monkey Flower/Tobacco,Tree-For partial control of these species apply a 3/4 to 1-1/2 percent solution of this product as a foliar spray with hand-held equipment.Thorough coverage of foliage is necessary for best results. Catsclaw-For partial control,apply a 1-1/4 to 1-1/2 percent solution with hand-held equipment when at least 50 percent of the new leher are fully developed. lkPinCherry:Bitter,Black,Pin/Oak,Southern Red/Sweet Gum/Prunus-For control,apply 3 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1 to 1-1/2 percent solution with hand-held equipment. Coyote brush-For control,apply a 1-1/4 to 1- 1/2 percent solution with hand-held equipment when at least 50 percent of the new leaves are fully developed. Dogwood/Hickory/Salt cedar-For partial control,apply a 1 to 2 percent solution of this product with hand-held equipment or 6 to 7-1/2 pints per acre as a broadcast spray. Eucalyptus,bluegum-For control of eucalyptus resprouts,apply a 1-1/2 percent solution of this product with hand-held equipment when resprouts are 6-to 12-feet tall.Ensure complete coverage.Apply when plants are actively growing.Avoid application to drought-stressed plants. Holly,Florida/Waxmyrtle,southern-For partial control,apply this product as a 1-1/2 percent solution with hand-held equipment. Kudzu-For control,apply 6 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment. Repeat applications will be required to maintain control. Maple,Red-For control,apply as a 3/ 4 to 1-1/4 percent solution with hand-held equipment when leaves are fully developed.For partial control,apply 2 to 7-1/2 pints of this product per acre as a broadcast spray. Maple,Sugar/Oak:Northern Pine,Red-For control,apply as a 3/4 to 1- 1/4 percent solution with hand-held equipment when at least 50 percent of the new leaves are fully developed. Poison Ivy/Poison Oak-For control,apply 6 to 7-1/2 pints of this product per acre as a broadcast spray or as a 1-1/2 percent solution with hand-held equipment.Repeat applications may be required to maintain control.Fall treatments must be applied before leaves lose green color. Rose,multiflora-For control,apply 3 pints of this product per acre as a broadcast spray or as a 3/ 4 to 1-1/2 percent solution with handheld equipment.Make treatments prior to leaf deterioration by leaf-feeding insects. Sage,black/Sagebrush,California/Chamise/Tallowtree,Chinese-For control of these species,apply a 3/ 4 percent solution with hand-held equipment.Thorough coverage of foliage is necessary for best results. Saltbush,Sea myrtle-For control,apply this product as a 1 percent solution with hand-held equipment. Willow-For control,apply 4-1/2 pints of this product per acre as a broadcast spray or as a 3/ 4 percent solution with hand-held equipment. Other woody brush and trees listed in this label-For partial control,apply 3 to 7-1/2 pints of this product per acre as a broadcast spray or as a 3/4 to 1-1/2 percent solution with hand-held equipment. 14 67720-1_book_art.gxp 6/1/15 12:36 PM Page 15 tar PASTURE AND RANGELANDS PASTURES LABELED GRASSES:Bahiagrass,Bermudagrass,Bluegrass,Brome,Fescue,Guineagrass,Kikuyugrass,Orchardgrass,Pangola grass, Ryegrass,Timothy and Wheatgrass. TYPES OF APPLICATIONS: Preplant, Preemergence, Pasture Renovation, Spot Treatment, Over-the-Top Wiper Applications, Postemergent Weed Control(Broadcast Treatments). Preplant,Preemergence,Pasture Renovation USE INSTRUCTIONS:This product can be applied prior to planting or emergence of forage grasses or used to control perennial pasture species listed on this label prior to re-planting. RESTRICTIONS:If application rates total 4.5 pints per acre or less,no waiting period between treatment and feeding of livestock grazing is required.If the rate is greater than 4.5 pints per acre,remove domestic livestock before application and wait 8 weeks after application before grazing or harvesting.Crops listed for treatment in this label may be planted into the treated area at any time;for other crops,wait 30 days between application and planting. Spot Treatment,Over-the-Top Wiper Applications USE INSTRUCTIONS:This product can be applied as a spot treatment or with wiper applicators in pastures.Applications may be made in the same area at 30-day intervals. PRECAUTIONS:To achieve maximum performance,remove domestic livestock before application and wait 7 days after application before grazing livestock or harvesting. RESTRICTIONS:For spot treatments or wiper application methods using rates of 4. 5 pints per acre or less,the entire field or any portion of it may be treated.When spot treatments or wiper application are made using rates above 4.5 pints per acre,no more than 10 percent of the total pasture may be treated at any one time. Postemergent Weed Control(Broadcast Treatments) USE INSTRUCTIONS:This product can be used to suppress competitive growth and seed production of annual weeds and undesirable vegetation in pastures.For selective applications with broadcast spray equipment,apply 9 to 12 fluid ounces of this product per acre in early spring before desirable perennial grasses break dormancy and initiate green growth.Late fall applications can be made after desirable perennial grasses have reached dormancy. PRECAUTIONS:Some stunting of perennial grasses will occur if broadcast applications are made when plants are not dormant.No waiting period is required between application and grazing or harvesting for feed.Use of higher application rates will cause stand reductions. RESTRICTIONS:Do not apply more than 72 fluid ounces per acre per year onto pasture grasses except for renovation uses(see instructions above).If replanting is needed due to severe stand reduction,applications must be made at least 30 days prior to planting any crop not listed for treatment in this label. RANGELANDS TYPES OF APPLICATIONS:Postemergence. This product will control or suppress many annual weeds growing in perennial cool and warm-season grass rangelands. Preventing viable seed production is key to the successful control and invasion of annual grassy weeds in rangelands.Follow-up applications in sequential years should eliminate most of the viable seeds.Delay grazing of treated areas to encourage growth of desirable perennials.Allowing desirable perennials to flower and reseed in the treated area will encourage successful transition. USE INSTRUCTIONS:Apply 9 to 12 fluid ounces of this product per acre to control or suppress many weeds,including downy brome, cheatgrass,cereal rye and jointed goatgrass in rangelands.Apply when most brome plants are in early flower and before the plants, including seedheads,turn color.Allowing for secondary weed flushes to occur in the spring following rain events further depletes the seed reserve and encourages perennial grass conversion on weedy sites.Fall applications are possible,and recommended,where spring moisture is usually limited and fall germination allows for good weed growth. For medusahead,apply 12 fluid ounces of this product per acre at the 3-leaf stage.Delaying applications beyond this stage will result in reduced or unacceptable control.Controlled burning may be useful in eliminating the thatch layer produced by slow decaying culms prior to application.Allow new growth to occur before spraying after a burn.Repeat applications in subsequent years may be necessary to eliminate the seedbank before reestablishing desirable perennial grasses in medusahead-dominated rangelands. PRECAUTIONS:Slight discoloration of the desirable grasses may occur,but they will regreen and regrow under moist soil conditions as effects of this product wear off.No waiting period between treatment and feeding of livestock or grazing is required. RESTRICTIONS:Do not use ammonium sulfate when spraying rangeland grasses with this product.Do not apply more than 4.5 pints per acre per year. RANGELAND AND PASTURE THE USE OF SURFACTANT When using this product for use on Rangeland and Pasture the use of a nonionic surfactant is required.Mix two or more quarts of a nonionic surfactant per 100 gallons of spray solution.Examples of when to use the higher surfactant rate include,but are not limited to: high water volumes,adverse environmental conditions,tough to control weeds, weeds under stress,surfactants with less than 70 percent active ingredient,tank mixes,etc. 15 67720-1_book_art.gxp 6/1/15 12:36 PM Page 16 When applied as directed under the conditions described,this product controls annual and perennial weeds listed in the label booklet. Do not reduce rates of this product when adding surfactant.DO NOT add buffering agents or pH adjusting agents to the spray solution when AquaNeat is the only pesticide used. NON-CROP USES See"PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"sections of this label for essential product performance information and the following"NON-CROP"sections for specific uses. EXTREME CARE MUST BE EXERCISED TO AVOID CONTACT OR SPRAY WITH FOLIAGE,GREEN STEMS,EXPOSED NON-WOODY ROOTS OR FRUIT OF CROPS,DESIRABLE TURFGRASSES,TREES,SHRUBS OR OTHER DESIRABLE VEGETATION SINCE SEVERE DAMAGE OR DESTRUCTION MAY RESULT. Repeat treatments may be necessary to control weeds regenerating from underground parts or seeds.Where repeat applications are necessary,do not exceed 8 quarts of this product per acre per year. This product does not provide residual weed control.For subsequent weed control,follow a label-approved herbicide program. Read and carefully observe the cautionary statements and all other information appearing on the labels of all herbicides used. INDUSTRIAL,RECREATIONAL AND PUBLIC AREAS When applied as directed for"NON-CROP USES",under conditions described,this product may be used to control the listed weeds. Non-Crop Sites-This product may be used to control the listed weeds in terrestrial noncrop sites and/or in aquatic sites within these areas: airfields;airports;alleys,lanes,trails&access roads;around commercial or industrial structures or outbuildings;around farm and ranch structures and outbuildings;around ornamental gardens;around ornamental trees&shrubs;bare ground;beaches;campgrounds; construction sites;ditch banks;drive-in theaters;driveways&ramps;dry ditches&canals;fences&fencerows;firebreaks;golf courses: gravel yards;habitat restoration&management areas;highways&roadsides(including aprons,medians,guardrails&right of ways); industrial plant sites;industrial areas;lumber yards;mulched areas;natural areas;paths and trails;parking areas;parks;paved areas; petroleum&other tank farms;pumping installations;pipeline,power,telephone&utility rights-of-way;power stations;preplant to turf& ornamental plants;railroad rights-of way;recreation areas;refineries;resorts;schools;sidewalks;sports areas;storage areas;substations; tennis courts;uncropped farmstead areas;uncultivated non-agricultural areas;vacant lots;walkways; wastelands;&wildlife habitat areas. This product is a non-selective herbicide that is diluted and applied to the foliage of actively growing weeds as a spot or broadcast application.It is absorbed by the leaves and moves throughout the stem and roots to control the entire plant.Visible symptoms may require a week or more to appear,with bumdown usually occurring in 2 to 4 weeks.Symptoms are a gradual wilting and yellowing of the sprayed plant followed by deterioration of both shoots and roots.This product has no herbicide activity in the soil and will not wash or leach to affect nearby vegetation.Any ornamental species may be planted in treated areas 7 days or more after application.For most effective results,delay mowing,clipping,planting or sodding of treated areas for at least 7 days after application.This allows time for this product to move within the plant. For specific rates of application and instructions for control of particular annual weeds,perennial weeds,woody brush and trees,see the"WEEDS CONTROLLED"section of this label.These applications may be made to large affected areas or as spot treatments.For general use in small areas,see alternative instructions below under"Small Area Treatment With Hand-held Sprayers". Unless the"Agriculture Use Requirements"on this label are observed,the following restrictions apply: Not for use on plants being grown for sale or other commercial use,or for commercial seed production,or for research purposes.For use on plants intended for aesthetic purposes or climactic modification and being grown in ornamental gardens or parks,or on golf courses or lawns and grounds. AVOID SPRAY DRIFT CONTACT WITH DESIRABLE LAWN GRASSES,FLOWERS,VEGETABLES,SHRUBS OR TREES.DO NOT CONTACT GREEN BARK OF TREES OR SHRUBS.IF DESIRABLE VEGETATION IS CONTACTED,WASH IMMEDIATELY WITH WATER. Depending on the type of non-crop application,this product may be applied with boom equipment,high-volume spray equipment and hand-held sprayers as described in the respective portions of the"APPLICATION EQUIPMENT and TECHNIQUES"section of the label. Additionally,the product may be applied with recirculating sprayers,shielded applicators,or wiper applicators in any non-crop site specified on this label.See the"Selective Equipment"part of"APPLICATION EQUIPMENT AND TECHNIQUES"section of this label for information on proper use and calibration of this equipment. Small Area Treatment With Hand-held Sprayers Add 2.25 to 4. 5 fluid ounces of this product plus 0.5 to 1 fluid ounce of nonionic surfactant to 1 gallon of clean water.Use the low rate for many grasses and annual weeds.Use the higher specified rate for control of perennials and brush.Use pump-up sprayer,backpack sprayer or other sprayer suitable for small areas.Adjust equipment to deliver a coarse spray pattern.USE OF HOSE-END SPRAYERS OR SPRINKLER-TYPE DEVICES MAY NOT BE USED. TANK MIXTURES FOR NON-CROP SITES When applied as a tank mixture,this product provides control of the emerged annual weeds and partial control of the emerged perennial weeds listed in this label.When applied as a tank mixture,the following residual herbicides will provide preemergence control of the weeds listed in the individual product labels. 16 67720-1_book_art.gxp 6/1/15 12:36 PM Page 17 l— This product PLUS Diuron This product PLUS Krovar®I This product PLUS Princep®,Caliber®90,Simazine 4L,80W or 90DF This product PLUS Surflan®75W,Surflan AS This product PLUS Ronstara50WP This product PLUS Spyder or Spyder Extra This product PLUS ProClipse This product PLUS Polaris AC Complete When tank mixing with residual herbicides,add an nonionic surfactant at 0.5 to 1 percent by volume of spray solution.See the APPLICATION EQUIPMENT AND TECHNIQUES"section of this label before preparing these tank mixtures. Read and carefully observe the label claims,precautionary statements,specified use rate and all other information on the labels of all products used in these tank mixtures. Use according to the most restrictive label directions for each product in the mixture. CONTROL OF EMERGED WEEDS Note:For backpack sprayer and handgun applications,see the"HAND-HELD AND HIGH VOLUME EQUIPMENT"section for specified rates. Annual Weeds Apply 1.5 pints per acre of this product in these tank mixtures when weeds are less than 6 inches tall and 2.25 pints per acre when weeds are more than 6 inches tall. Perennial Weeds For partial control of perennial weeds using these tank mixtures,apply 1.5 to 7.5 pints per acre of this product.Follow the recommendations in the"WEEDS CONTROLLED"section of this label for stage of growth and rate of application for specific perennial weeds. PREEMERGENCE WEED CONTROL For preemergence weed control,refer to the individual product labels for specific non-crop sites,rates,carrier volumes and precautionary statements. Mix only the quantity of spray solution which can be used during the same day.Do not allow these tank mixtures to stand overnight as this may result in reduced weed control. BROADCAST APPLICATION FOR WEED CONTROL IN CHRISTMAS TREE PLANTATIONS NOTE:IF THIS PRODUCT IS IMPROPERLY APPLIED,IT HAS THE POTENTIAL TO CAUSE SEVERE INJURY TO CHRISTMAS TREES. FOLLOW ALL LABELED DIRECTIONS. This product may be applied as a broadcast spray over established Christmas trees.To prevent drift onto nearby desirable crops or vegetation,ensure that adequate buffers are maintained. The following Christmas tree species are approved for this application: Douglas Fir(Pseudotsuga menziesir) Fir species(Abies spp.) Spruce species(Picea spp.) Do not apply this product until trees have completed at least a full growing season since planting or transplanting. Pre-harvest Interval(PHI):Do not apply within 1 full year prior to tree harvest. In the fall,applications may only be made after the formation of final conifer resting buds.Final resting buds must be in the dormant stage and fully hardened.If applications are made at any other time,unacceptable Christmas tree injury may occur. Avoid spray pattern overlap,as injury may result. Apply 24 fluid ounces of this product per acre in 5 to 30 gallons of water per acre. NOTE:ADDING SURFACTANTS,ADDITIVES CONTAINING SURFACTANTS,OR ANY OTHER ADDITIVES TO THIS PRODUCT MAY RESULT IN SEVERE CHRISTMAS TREE INJURY. In some areas,this product may be used at rates from 24 to 48 fluid ounces per acre.Consult your local Nufarm representative for specific instructions if you require rates that exceed 24 fluid ounces per acre. Do not use drift control additives as they may increase Christmas tree injury.Do not use other herbicides in a tank mix with this product as Christmas trees could be severely injured. SILVICULTURAL SITES AND RIGHTS-OF-WAY NOTE:DO NOT USE AS AN OVER-THE-TOP BROADCAST SPRAY IN SILVICULTURAL NURSERIES. When applied as directed for"NON-CROP USES"under conditions described this product controls undesirable vegetation listed on this label.This product also suppresses or controls undesirable vegetation listed on this label when applied at specified rates for release of established coniferous species listed on this label. For specific rates of application and instructions for control of various brush,annual and perennial weeds,see the"WEEDS CONTROLLED" section of this label. For specific rates of application for release of listed coniferous species,see the"CONIFER RELEASE"part of this section of the label. 17 67720-1_book_art.gxp 6/1/15 12:36 PM Page 18 Where repeat applications are necessary,do not exceed 8 quarts of this product per acre per year. Aerial Application This product may be applied using aerial spray equipment for silvicultural site preparation,conifer release and rights-of-way treatments. See the"APPLICATION EQUIPMENT and TECHNIQUES"part of the"MIXING AND APPLICATION INSTRUCTIONS APPLICATION EQUIPMENT AND TECHNIQUES"section of this label for information on how to apply this product by air. DO NOT APPLY THIS PRODUCT BY AIR TO RIGHTS-OF-WAY SITES IN THE STATE OF CALIFORNIA. For aerial application,do not exceed 8 quarts per acre per year. The maximum aerial application rate is 7-1/2 quarts per application. SITE PREPARATION Following preplant applications of this product,any silvicultural species may be planted. POST DIRECTED SPRAY In established silvicultural sites,use as a spray on the foliage of undesirable vegetation.Care must be exercised to avoid contact of spray,drift or mist with foliage or green bark of desirable species. CONIFER RELEASE For release,apply at the end of the first growing season,except in California.Do not disturb vegetation of target weeds or trees prior to treatment or until visual symptoms appear after treatment.Symptoms of treatment are slow to appear,especially in woody species treated in late Fall.Injury may occur to conifers treated for release,especially where spray patterns overlap or the higher rates are applied or when applications are made during periods of active conifer growth. Applications must be made after formation of final conifer resting buds in the fall or prior to initial bud swelling in spring.Some autumn colors on undesirable deciduous species are acceptable provided no major leaf drop has occurred.Use the following rates for conifer release to control or partially control the weeds listed in the"WEEDS CONTROLLED"section of this label. For release of the following conifer species: Douglas Fir Fir Hemlock Pines' Spruce Pseudotsuga menziesii Abies spp. Tsuga spp. Pinus spp. Picea spp. Includes all species except eastern white pine,loblolly pine or slash pine. Apply 2.25 to 3 pints of this product per acre except in Washington and Oregon,west of the crest of the Cascade Mountains.For Spring treatments west of the crest of the Cascade Mountains,apply 1 quart of this product per acre before conifer bud swell for control of annual weeds.For Fall treatments in Washington and Oregon,west of the crest of the Cascade Mountains,apply 1.5 to 2.25 pints of this product per acre before any major leaf drop of deciduous species.Add 10 fluid ounces nonionic surfactant per 2 pints of this product.In Maine, up to 4.5 pints per acre may be used for the control of difficult weeds. Note for Douglas fir release:Ensure that surfactant has been adequately tested for Douglas fir safety and follow manufacturer's specifications for rate of application. For release of Western hemlock,apply 1 quart of this product per acre. For release of the following conifer species: Loblolly Pine Eastern white pine Slash pine Pinus taeda Anus strobus Anus elliottii Late Season Application-Apply 2-1/4 to 3 pints of this product in a minimum of 5 gallons of spray solution per acre during early autumn. Nufarm does not recommend the use of a crop oil concentrate or MSO(methylated seed oil)based surfactant for use in southern conifer species release with this product.The addition of a tested and approved southern conifer release surfactant is recommended. Applications made prior to September 1 or when conditions are conducive to rapid growth of conifers will create the potential for increased injury in the form of tip and/or needle bum.Injury may decrease with later applications.Some autumn colors are acceptable at time of application.Apply prior to frost or leaf drop of undesirable plants. Applications made according to label directions will release loblolly pine,eastern white pine and slash pine by reducing competition from the following species: Ash Hawthorn Oak,Post Poplar,yellow Sumac,Smooth Fraxinus spp. Crataegus spp. Quercus stellata Liriodendron tulip fera Rhus glabra Cherry,Black Locust,Black Oak,Southern Red Sassafras Sumac,Winged Prunus serotina Robinia pseudoacacia Quercus falcata Sassafras aibidum Rhus copallina Cherry,Pin Maple,Red Oak,White Sourwood Sweetgum Prunus pensylvanica Acer rubra Quercus alba Oxydendrum arboreum Liquidambar styraciflua Elm Oak,Black Persimmon Sumac,Poison Ulmus spp. Quercus velutina Diospyros spp. Rhus vemix Apply only to those sites where woody brush and trees listed in this label constitute the majority of the undesirable species. For aerial application,do not exceed 8 quarts per acre per year. The maximum aerial application rate is 7-1/2 quarts per application. 18 67720-1_book_art.gxp 6/1/15 12:36 PM Page 19 THIS PRODUCT PLUS SPYDER TANK MIXTURES FOR CONIFER RELEASE FROM HERBACEOUS WEEDS To release Loblolly pines,Slash,Red pine and Virginia pine from herbaceous weeds,tank mixtures of this product with Spyder will provide control of annual weeds listed in the"WEEDS CONTROLLED"section of this and the Spyder label,and partial control of the perennial weeds listed below. Apply 12 to 18 fluid ounces of this product plus 2 to 4 fluid ounces of Spyder in 10 to 30 gallons of spray solution per acre.Nufarm does not recommend the use of a crop oil concentrate or MSO(methylated seed oil)based surfactant for use in southern conifer species release with this product.The addition of a tested and approved southern conifer release surfactant is recommended.Make application to actively growing weeds as a broadcast spray over the top of the young Loblolly pine,Red pine,Slash pine and Virginia pine. This tank mixture may be applied using aerial equipment.For aerial application,do not exceed 8 quarts of this product(8 lbs.ae glyphosate)per acre per year.The maximum aerial application rate is 7-1/2 quarts per application. When applying by air,use the specified rate in 5 to 15 gallons of spray solution per acre.This product plus Spyder tank mixtures may not be applied by air in California. For control of annual weeds below 12 inches in height(or runner length on annual vines),use the lower rates of both products. Use the higher rates of both products when annual weeds are in more advanced stages of growth and approaching flower or seed formation. Use the higher rates of both products for partial control of the following perennial weeds.Use the lower rates for suppression of growth. Bahiagrass Dock,curly Fescues,tall Poorjoe* Vaseygrass Paspalum notatum Rumex crispus Festuca arundinacea Diodia teres Paspalum urvillei Broomsedge Dogfennel Johnsongrass*Trumpetcreeper" Vervain,blue Andropogon virginicus Eupatorium capilliflorium Sorghum halepense Campsis radicans Verbena hastata Control at the higher rates Suppression at the higher rates only. Pine damage may occur or can be accentuated if treatment takes place when young trees are under stress from drought,flood water, insects or disease,or are in an active growth stage. Read and observe the cautionary statements and all other information appearing on the labels of all herbicides used. Note To User:This product must not be used in areas where adverse impact on federally designated endangered/threatened plant or aquatic species is likely.Prior to making applications,the user of this product must determine that no such species are located in or immediately adjacent to the area to be treated. WILDLIFE HABITAT RESTORATION AND MANAGEMENT AREAS This product is for the restoration and/or maintenance of native habitat and in wildlife management areas. Habitat Restoration and Maintenance When applied as directed,exotic and other undesirable vegetation may be controlled in habitat management areas.Applications may be made to allow recovery of native plant species,to open up water to attract waterfowl,and for similar broad-spectrum vegetation control requirements in habitat management areas.Spot treatments may be made to selectively remove unwanted plants for habitat enhancement.For spot treatments,care must be exercised to keep spray off of desirable plants. Wildlife Food Plots This product may be used as site preparation treatment prior to planting wildlife food plots.Apply as directed to control vegetation in the plot area.Any wildlife food species may be planted after applying this product,or native species may be allowed to re-infest the area.If tillage is needed to prepare a seedbed,wait 7 days after applying this product before tilling to allow for maximum effectiveness. WIPER APPLICATIONS For wick or wiper applications,mix 1 gallon of this product with 2 gallons of clean water to make a 33 percent solution.Addition of a nonionic surfactant at a rate of 10 percent by volume of total herbicide solution is recommended. Wiper applications can be used to control or suppress annual and perennial weeds listed on this label.In heavy weed stands,a double application in opposite directions may improve results.See the"WEEDS CONTROLLED"section in this label for specified timing,growth stage and other instructions for achieving optimum results. CUT STUMP APPLICATION Woody vegetation may be controlled by treating freshly cut stumps of trees and resprouts with this product.Apply this product using suitable equipment to ensure coverage of the entire cambium.Cut vegetation close to the soil surface.Apply a 50 to 100 percent solution of this product to the freshly-cut surface immediately after cutting.Delay in application may result in reduced performance. For best results,make applications during periods of active growth and full leaf expansion. 19 67720-1_book_art.gxp 6/1/15 12:36 PM Page 20 When used according to directions for cut stump application,this product will control,partially control or suppress many types of woody brush and tree species,some of which are listed below: Alder Eucalyptus Maple Reed,Giant Sycamore Alnus spp. Eucalyptus spp.Acer spp. Arundo donax Platanus occidentalis Coyote Brush Hickory Oak Salt cedar Tan Oak Baccharis consanguinea Carya spp. Quercus spp. Tamarix spp. Lithocarpus densiflorus Dogwood Madrone Poplar Sweet gum Willow Comus spp. Arbutus menziesii Populus spp. Liquidambar styraciflua Salix spp. INJECTION AND FRILL APPLICATIONS Woody vegetation may be controlled by injection or frill application of this product.Apply this product using suitable equipment which must penetrate into living tissue.Apply the equivalent of 1 ml of this product per 2 to 3 inches of trunk diameter.This is best achieved by applying 25 to 100 percent concentration of this product either to a continuous frill around the tree or as cuts evenly spaced around the tree below all branches.As tree diameter increases in size,better results are achieved by applying dilute material to a continuous frill or more closely spaced cuttings.Avoid application techniques that allow runoff to occur from frill or cut areas in species that exude sap freely after frills or cutting.In species such as these,make frill or cut at an oblique angle so as to produce a cupping effect and use undiluted material.For best results,make applications during periods of active growth and full leaf expansion. Control Suppression Oak Quercus spp. Black Gum'Nyssa sylvatica Poplar Populus spp. Dogwood Comus spp. Sweetgum Liquidambarstyraciflua Hickory Carya spp. Sycamore Platanus occidentalis Maple,Red Acer rubrum This product is not approved for this use on this species in the state of California. INJECTION METHOD FOR CONTROL OF JAPANESE KNOTWEED(Polygonum cuspidatum) GIANT KNOTWEED(Polygonum polystachyum) DIRECTIONS FOR USE It is a violation of Federal law to use this product in any manner inconsistent with its labeling. This label must be in the possession of the user at the time of application. All applicable directions and precautions in the AquaNeat Herbicide label booklet must be followed. See the"PRODUCT INFORMATION"and"MIXING AND APPLICATION INSTRUCTIONS"sections of this product's label booklet for I{'essential product performance information. This product may be used for control of Japanese knotweed and giant knotweed using individual stem treatment.Individual knotweed stems may be treated by injecting up to 5 ml of this product,undiluted directly into the hollow stem just below a node.Make a hole suitable for injecting the herbicide through both sides of the stem using an awl or other convenient pointed tool about 6 inches above the ground,just below a node.(Nodes are circular thickenings or scars surrounding the stem where leaves are or were previously attached.)The herbicide is then injected into this hole.Each stem of the knotweed plant must be treated. This product can be injected using any injection device capable of delivering a 5 ml dose.For convenience and accuracy,a hand-operated injection device designed to deliver repeated pre-measured doses from a supply reservoir is recommended. Commercially available dose measuring equipment may be adapted for this purpose.Calibrate the devise to deliver a dose of 5 ml per injection cycle.A sharpened hollow probe for puncturing the stem and delivery of the herbicide can also be integrated into the delivery system. Restriction:Do not apply more than 7.5 quarts of this product per acre.At 5 ml per stem,7. 5 quarts is sufficient to treat a maximum of 1,420 stems per acre. RELEASE OF BERMUDAGRASS OR BAHIAGRASS ON NONCROP SITES RELEASE OF DORMANT BERMUDAGRASS AND BAHIAGRASS When applied as directed,this product will provide control or suppression of many winter annual weeds and tall fescue for effective release of dormant bermudagrass or bahiagrass.Make applications to dormant bermudagrass or bahiagrass. For best results on winter annuals,treat when weeds are in an early growth stage(below 6 inches in height)after most have germinated. For best results on tall fescue,treat when fescue is in or beyond the 4-to 6-leaf stage. WEEDS CONTROLLED Rate for control or suppression of winter annuals and tall fescue are listed below. Apply the specified rates of this product in 10 to 25 gallons of water per acre,plus 2 quarts nonionic surfactant per 100 gallons of total spray volume. 20 67720-1_book_art.gxp 6/1/15 12:36 PM Page 21 WEEDS CONTROLLED OR SUPPRESSED* NOTE: C=Control S=Suppression AQUANEAT AQUATIC HERBICIDE(FLUID OZ/ACRE) WEED SPECIES 6 9 12 18 24 48 Barley,little S C C C C C Hordeum pusillum Bedstraw,catchweed S C C C C C Galium aparine Bluegrass,annual S C C C C C Poa annual Chervil S C C C C C Chaerophyllum tainturien Chickweed,common S C C C C C Stellana media Clover,crimson S S C C C Tntolium incamatum Clover,large hop S S C C C Tntolium campestre Speedwell,corn S C C C C C Veronica arvensis Fescue,tall S S Festuca arundinacea Geranium,Carolina S S C C Geranium carolinianum Henbit S C C C C Lamium amplexicaule Ryegrass,Italian S C C C Lolium multillorum Vetch,common S C C C Vicia sativa These rates apply only to sites where an established competitive turf is present. RELEASE OF ACTIVELY GROWING BERMUDAGRASS NOTE:USE ONLY ON SITES WHERE BAHIAGRASS OR BERMUDAGRASS ARE DESIRED FOR GROUND COVER AND SOME TEMPORARY INJURY OR YELLOWING OF THE GRASSES CAN BE TOLERATED. When applied as directed,this product will aid in the release of bermudagrass by providing control of annual species listed in the"WEEDS CONTROLLED"section in this label,and suppression or partial control of certain perennial weeds. For control or suppression of those annual species listed in this label,use 3/4 to 2-1/4 pints of this product as a broadcast spray in 10 to 25 gallons of spray solution per acre,plus 2 quarts of a nonionic surfactant per 100 gallons of total spray volume.Use the lower rate when treating annual weeds below 6 inches in height(or length of runner in annual vines).Use the higher rate as size of plants increases or as they approach flower or seedhead formation. Use the higher rate for partial control or longer-term suppression of the following perennial species.Use lower rates for shorter-term suppression of growth. Bahiagrass Johnsongrass" Dallisgrass Trumpetcreeper' Fescue(tall)Vaseygrass Suppression at the higher rate only. Johnsongrass is controlled at the higher rate. Use only on well-established bermudagrass.Bennudagrass injury may result from the treatment but regrowth will occur under moist conditions.Do not make repeat applications in the same season,since severe injury may result. BAHIAGRASS SEEDHEAD AND VEGETATIVE SUPPRESSION When applied as directed in the"NONCROP SITES"section in this label,this product will provide significant inhibition of seedhead emergence and will suppress vegetative growth for a period of approximately 45 days with single applications and approximately 120 days with sequential applications. Apply this product 1 to 2 weeks after full green-up of bahiagrass or after the bahiagrass has been mowed to a uniform height of 3 to 4 inches.Applications must be made prior to seedhead emergence.Apply 5 fluid ounces per acre of this product,plus 2 quarts of an approved nonionic surfactant per 100 gallons of total spray volume in 10 to 25 gallons of water per acre. 21 67720-1_book_art.gxp 6/1/15 12:36 PM Page 22 Sequential applications of this product plus nonionic surfactant may be made at approximately 45-day intervals to extend the period of seedhead and vegetative growth suppression.For continued vegetative growth suppression,sequential applications must be made prior to seedhead emergence. Apply no more than 2 sequential applications per year.As a first sequential application,apply 3 fluid ounces of this product per acre plus nonionic surfactant.A second sequential application of 2 to 3 fluid ounces per acre plus nonionic surfactant may be made approximately 45 days after the last application. ANNUAL GRASS GROWTH SUPPRESSION For growth suppression of some annual grasses,such as annual ryegrass,wild barley and wild oats growing in coarse turf on roadsides or other industrial areas,apply 3 to 4 ounces of this product in 10 to 40 gallons of spray solution per acre.Mix 2 quarts of a nonionic surfactant per 100 gallons of spray solution.Make application when annual grasses are actively growing and before the seedheads are in the boot stage of development.Treatments made after seedhead emergence may cause injury to the desired grasses. AQUATIC SITES When applied as directed and under the conditions described in the"WEEDS CONTROLLED"section in this label,this product will control or partially control the labeled weeds growing in aquatic sites. Aquatic Sites-This product may be applied to emerged weeds in all bodies of fresh and brackish water which may be flowing,non- flowing or transient.This includes lakes,rivers,streams,ponds,estuaries,rice levees,seeps,irrigation and drainage ditches,canals, reservoirs,wastewater treatment facilities,wildlife habitat restoration and management areas,and similar sites. Wetland Sites-This product may be used in and around water(aquatic areas)and wetlands found in forestry and in power,telephone and pipeline rights-of-way sites including where these sites are adjacent to or surrounding domestic water supply reservoirs,supply streams,lakes and ponds.Read and observe the following before making applications in and around water. If aquatic sites are present in the noncrop area and are part of the intended treatment,read and observe the following directions: This product does not control plants which are completely submerged or have a majority of their foliage under water. There is no restriction on the use of treated water for irrigation,recreation or domestic purposes. Consult local state fish and game agency and water control authorities before applying this product in,around and to public water. Permits may be required to treat such water. Do not spray open bodies of water where woody brush,trees and herbaceous weeds do not exist.The maximum application rate of I11J1 3.75 quarts per acre must not be exceeded in a single over-water broadcast application except as follows,where any specified rate may be applied: Stream crossings in utility right-of-way. Where applications will result in less than 20 percent of the total water area being treated. Restrictions:Do not apply this product directly to water within 1/2 mile up-stream of an active potable water intake in flowing water i.e.,river,stream,etc.)or within 1/2 mile of an active potable water intake in a standing body of water such as lake,pond or reservoir. To make aquatic applications around and within 1/2 mile of active potable water intakes,the water intake must be turned off for a minimum period of 48 hours after the application.The water intake may be turned on prior to 48 hours if the glyphosate level in the intake water is below 0.7 parts per million as determined by laboratory analysis.These aquatic applications may be made ONLY in those cases where there are alternative water sources or holding ponds which would permit the turning off of an active potable water intake for a minimum period of 48 hours after the applications.This restriction does not apply to intermittent inadvertent overspray of water in terrestrial use sites. For treatments after drawdown of water or in dry ditches,allow 7 or more days after treatment before reintroduction of water to achieve maximum weed control.Apply this product within 1 day after drawdown to ensure application to actively growing weeds.Floating Mats of vegetation may require retreatment.Avoid wash-off of sprayed foliage by spray boat or recreational boat backwash or by rainfall within 6 hours of application.Do not re-treat within 24 hours following the initial treatment. Applications made to moving bodies of water must be made while traveling upstream to prevent concentration of this herbicide in water. When making any bankside applications,do not overlap more than 1 foot into open water.Do not spray in bodies of water where weeds do not exist. Maximum Application Rate:Do not exceed 8 quarts per acre per year.The maximum application rate of 7-1/2 quarts per acre must not be exceeded in any single ground broadcast application or aerial broadcast application that is being made over water. When emerged infestations require treatment of the total surface area of impounded water,treating the area in strips may avoid oxygen depletion due to decaying vegetation.Oxygen depletion may result in fish kill. 22 67720-1_book_art.gxp 6/1/15 12:36 PM Page 23 STORAGE AND DISPOSAL Do not contaminate water,food or feed by storage or disposal. PESTICIDE STORAGE:Do not store below 32°F or above 100°F.Store in original container in a well-ventilated area separately from fertilizer,feed,and food stuffs.Avoid cross-contamination with other pesticides. PESTICIDE DISPOSAL:Pesticide wastes are toxic.Wastes resulting from this product may be disposed of on site or at an approved waste disposal facility.Improper disposal of excess pesticide,spray mix,or rinsate is a violation of federal law.If these wastes cannot be disposed of according to label instructions,contact the state agency responsible for pesticide regulation or the Hazardous Waste representative at the nearest EPA Regional Office for guidance. CONTAINER HANDLING: NOTE: This product is available in multiple containers. Refer to the Net Contents section of this products labeling for the applicable Nonrefillable"or"Refillable"designation. Follow the container handling instructions below that apply to your container type/size. Nonrefillable Containers 5 Gallons or Less:Nonrefillable container.Do not reuse or refill this container.Triple rinse container(or equivalent)promptly after emptying.Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip.Fill the container 1/4 full with water and recap.Shake for 10 seconds.Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal.Drain for 10 seconds after the flow begins to drip.Repeat this procedure two more times.Then offer for recycling or reconditioning,or puncture and dispose of in a sanitary landfill, or by other procedures approved by State and local authorities.Plastic containers are also disposable by incineration,or,if allowed by State and local authorities,by burning.If burned stay out of smoke Nonrefillable containers larger than 5 gallons:Nonrefillable container.Do not reuse or refill this container.Offer for recycling if available.Triple rinse or pressure rinse container(or equivalent)promptly after emptying.Triple rinse as follows:Empty the remaining contents into application equipment or a mix tank.Fill the container 1/4 full with water.Replace and tighten closures.Tip container on its side and roll it back and forth,ensuring at least one complete revolution,for 30 seconds.Stand the container on its end and tip it back and forth several times.Turn the container over onto its other end and tip it back and forth several times.Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal.Repeat this procedure two more times.Pressure rinse as follows:Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip.Hold container upside down over application equipment or mix tank and continue to drain for 10 seconds after the flow begins to drip.Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal.Insert pressure rinsing nozzle in the side of the container,and rinse at about 40 psi for at least 30 seconds.Drain for 10 seconds after the flow begins to drip. Refillable containers larger than 5 gallons:Refillable container.Refill this container with pesticide only.Do not reuse this container for any other purpose.Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller.To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank.Fill the container about 10%full with water and,if possible,spray all sides while adding water.If practical,agitate vigorously or recirculate water with the pump for two minutes.Pour or pump rinsate into application equipment or rinsate collection system.Repeat this rinsing procedure two more times. 23 67720-1_book_art.gxp 6/1/15 12:36 PM Page 24 WARRANTY DISCLAIMER The directions for use of this product must be followed carefully.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,(1)THE GOODS DELIVERED TO YOU ARE FURNISHED"AS IS"BY MANUFACTURER OR SELLER AND(2)MANUFACTURER AND SELLER MAKE NO WARRANTIES,GUARANTEES,OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER,EITHER EXPRESS OR IMPLIED,OR BY USAGE OF TRADE,STATUTORY OR OTHERWISE,WITH REGARD TO THE PRODUCT SOLD,INCLUDING,BUT NOT UMITED TO MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,USE,OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE.UNINTENDED CONSEQUENCES,INCLUDING BUT NOT UMITED TO INEFFECTIVENESS,MAY RESULT BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE OF OTHER MATERIALS USED IN COMBINATION WITH THE GOODS,OR THE MANNER OF USE OR APPLICATION,INCLUDING WEATHER,ALL OF WHICH ARE BEYOND THE CONTROL OF MANUFACTURER OR SELLER AND ASSUMED BY BUYER OR USER.THIS WRITING CONTAINS ALL OF THE REPRESENTATIONS AND AGREEMENTS BETWEEN BUYER,MANUFACTURER AND SELLER,AND NO PERSON OR AGENT OF MANUFACTURER OR SELLER HAS ANY AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT RELATING IN ANY WAY TO THESE GOODS. LIMITATION OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,IN NO EVENT SHALL MANUFACTURER OR SELLER BE LIABLE FOR SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES,OR FOR DAMAGES IN THEIR NATURE OF PENALTIES RELATING TO THE GOODS SOLD,INCLUDING USE,APPLICATION,HANDLING,AND DISPOSAL.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE TO BUYER OR USER BY WAY OF INDEMNIFICATION TO BUYER OR TO CUSTOMERS OF BUYER,IF ANY,OR FOR ANY DAMAGES OR SUMS OF MONEY,CLAIMS OR DEMANDS WHATSOEVER,RESULTING FROM OR BY REASON OF,OR RISING OUT OF THE MISUSE,OR FAILURE TO FOLLOW LABEL WARNINGS OR INSTRUCTIONS FOR USE,OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER.ALL SUCH RISKS SHALL BE ASSUMED BY THE BUYER, USER,OR ITS CUSTOMERS.TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLER'S TOTAL LIABILITY SHALL BE FOR DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT. If you do not agree with or do not accept any of the directions for use,the warranty disclaimers,or limitations on liability,do not use the product,and return it unopened to the Seller,and the purchase price will be refunded. RV051215) AquaNeat is a registered trademark of Nufarm,Inc. 24 67721-1_base_art.qxp 6/1/15 12:53 PM Page 1 AquaNeat° GROUP 0 HERBICIDE Aquatic Herbicide FOR USE ON EMERGED AQUATIC WEEDS AND BRUSH IN AQUATIC SITES.FOR USE IN FORESTRY(INCLUDING WEED CONTROL a IN CHRISTMAS TREE PLANTATIONS),PASTURES,RANGELANDS,RIGHTS-OF-WAY,HABITAT RESTORATION AREAS,NON-CROP a AND OTHER LISTED APPLICATION SITES.F ACTIVE INGREDIENT:cc Glyphosate,N-(phosphonomethyl)glycine,in the form of its isopropylamine salt* 53. 8% OTHER INGREDIENTS.46.2% TOTAL. 100.0% j Contains 648 grams per litre or 5.4 pounds per U.S.gallon of the active ingredient,glyphosate,in the form of its isopropylamine salt. a. Equivalent to 480 grams per litre or 4 pounds per U.S.gallon of the acid,glyphosate. KEEP OUT OF REACH OF CHILDREN CAUTION / PRECAUCION Si usted no entiende la etiqueta,busque a alguien para que se la explique a usted en detalle. If you do not understand the label,find someone to explain it to you in detail.) SEE ATTACHED BOOKLET FOR COMPLETE PRECAUTIONARY STATEMENTS AND DIRECTIONS FOR USE For Chemical Spill,Leak,Fire,or Exposure,Call CHEMTREC(800) 424-9300 For Medical Emergencies Only,Call(877)325-1840 PRECAUTIONARY STATEMENTS STORAGE AND DISPOSAL(continued)HAZARDS TO HUMANS AND DOMESTIC ANIMALS CONTAINER HANDLING:NOTE:This product is available in multiple containers. CAUTION/PRECAUCION Refer to the Net Contents section of this products labeling for the applicable Harmful if inhaled.Avoid breathing spray mist.Remove contaminated clothing and "Nonrefillable"or"Refillable"designation.Follow the container handling instructions wash clothing before reuse.Wash thoroughly with soap and water after handling. below that apply to your container type/size. Nonrefillable Containers 5 Gallons or Less:Nonrefillable container.Do not reuseFIRSTAIDorrefillthiscontainer.Triple rinse container(or equivalent)promptly after emptying. IF INHALED •Move person to fresh air. Triple rinse as follows:Empty the remaining contents into application equipment Ifperson is not breathing,call 911 or an ambulance,then or a mix tank and drain for 10 seconds after the flow begins to drip.Fill the give artificial respiration,preferably by mouth-to-mouth, container 1/4 full with water and recap.Shake for 10 seconds.Pour rinsate into application equipment or a mix tank or store haute for later use or disposal.Drain if possible.for 10 seconds after the flow begins to drip.Repeat this procedure two more times. Call a poison control center or doctor for further Then offer for recycling or reconditioning,or puncture and dispose of in a sanitary treatment advice. landfill,or by other procedures approved by State and local authorities.Plastic HOT LINE NUMBER containers are also disposable by incineration,or,if allowed by State and local authorities,by burning.if burned stay out of smoke Have the product container or label with you when calling a poison control center Nonrefillable containers larger than 5 gallons:Nonrefillable container.Do notordoctor,or going for treatment.You may also contact 1-877-325-1840 for reuse or refill this container.Offer for recycling if available.Triple rinse or pressure emergency medical treatment information. rinse container(or equivalent)promptly after emptying.Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank.Fill the STORAGE AND DISPOSAL container 1/4 full with water.Replace and tighten closures.Tip container on its side and roll it back and forth,ensuing at least one complete revolution,for 30 Do not contaminate water,food or feed by storage or disposal.seconds.Stand the container on its end and tip it back and forth several times. PESTICIDE STORAGE:Do not store below 32°F or above 100°F.Store in original Turn the container over onto its other end and tip it back and forth several times. container in a well-ventilated area separately from fertilizer,feed,and food stuffs. Empty the rinsate into application equipment or a mix tank or store rinsate for later Avoid cross-contamination with other use or disposal.Repeat this procedure two more times.Pressure rinse as follows:pesticides.Empty the remaining contents into application equipment or a mix tank and PESTICIDE DISPOSAL Pesticide wastes are toxic.Wastes resulting from this continue to drain for 10 seconds after the flow begins to drip.Hold container product may be disposed of on site or at an approved waste disposal facility. upside down over application equipment or mix tank and continue to drain for 10 Improper disposal of excess pesticide,spray mix,or rinsate is a violation of federal seconds after the flow begins to drip.Hold container upside down over application law.if these wastes cannot be disposed of according to label instructions,contact equipment or mix tank or collect rinsate for later use or disposal.Insert pressure the state agency responsible for pesticide regulation or the Hazardous Waste rinsing nozzle in the side of the container,and rinse at about 40 psi for at least 30 representative at the nearest EPA Regional Office for guidance.seconds.Drain for 10 seconds after the flow begins to drip. Refillable containers larger than 5 gallons:Refillable container.Refill this continued) container with pesticide only.Do not reuse this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container.Cleaning before refilling is the responsibility of the refiller.To clean the container before final disposal,empty the remaining contents from this container into application equipment or a mix tank.Fill the container about EPA Reg.No.228- 365 Manufactured for 10%full with water and,if possible,spray all sides while adding water.If practical, N EPA Est.No.228-IL-001 Nufarm Americas Inc. agitate vigorously or recirculate water with the pump for two minutes.Pour or nA 11901 S.Austin Avenue pump rinsate into application equipment or rinsate collection system.Repeat this Alsip,IL 60803 rinsing procedure two more times. Q file:67721-1 base art created by:03-27- 15 jw folder:67721-1_Nufarm 14501000[3] alt:06-01-15 jw color:black size:6.375"(w)x 6. 5"(h) dp proofed n? icNATIONALPESTICIDE INFORMATION CENTER 1.800.858.7378 npic@oregonstate.edu Call, email, or chat Mon-Fri QO(DXAtoZ Search... Triclopyr General Fact Sheet What is triclopyr? What are some products that contain triclopyr? How does triclopyr work? How might I be exposed to triclopyr? What are some signs and symptoms from a brief exposure to triclopyr? What happens to triclopyr when it enters the body? Is triclopyr likely to contribute to the development of cancer? Has anyone studied non-cancer effects from long-term exposure to triclopyr? Are children more sensitive to triclopyr than adults? What happens to triclopyr in the environment? Can triclopyr affect birds, fish, and other wildlife? What is triclopyr? Triclopyr is a human-made herbicide used to control both broadleaf and woody plants. It was first registered in 1979 for use in forestry and it is used in both agricultural and non-agricultural settings. Certain products may have limited use for campsites, roadside applications, and some ornamental lawns. pr, Always read the label for your product's use sites and instructions.. Broadleaf weeds often controlled with triclopyr include nettles, docks, brambles, and 16 woody plants. Triclopyr is a selective herbicide, meaning it only controls certain ji*S.types of plants. Grasses tend to be less sensitive to triclopyr than other weeds.2 What are some products that contain triclopyr? There are over 200 products containing triclopyr.3 Many of these products have other active ingredients in addition to triclopyr. Products may be ready-to-use, concentrated liquids, granules, or mixable powders. Products with triclopyr can be applied aerially or by ground application. They may be applied on tree bark, injected into tree trunks or soil, or sprayed on plant leaves.4 Products with triclopyr may have acid, salt, or ester forms. These forms tend to behave similarly in terms of toxicity and their movement in the environment.5'6 Triclopyr is commonly used on pastures and rice. It is also commonly used for turf, landscaping, and lawn care.1 One type of triclopyr (a salt form) can be used on aquatic weeds. Triclopyr is not allowed for use in certified organic production. 8 How does triclopyr work? Triclopyr is a systemic herbicide. It affects actively growing plants by mimicking a specific type of plant growth hormone, known as an auxin.9 Plants rapidly take in triclopyr through leaves and roots. It causes uncontrolled plant growth and plant death.4 After absorbing the herbicide, plants die slowly (within weeks).10 How might I be exposed to triclopyr? If you are in an area during or shortly after application, you could contact it, breathe it in, or get it in your eyes. Most triclopyr incidents that were reported to the US Environmental Protection Agency (EPA) from 2000 to 2014 involved homeowners who were mixing or applying products. 11 While accidents can happen, following label instructions and taking steps to minimize exposure can help reduce risks. If any exposures occur, be sure to follow the First Aid instructions on the product label carefully. For additional treatment advice, contact the Poison Control Center at 800-222-1222. If you wish to discuss a pesticide problem, please call 800- 858-7378. What are some signs and symptoms from a brief exposure to triclopyr? The salt form of triclopyr can cause permanent eye damage. The ester form of triclopyr may cause eye irritation. All forms of triclopyr were low in toxicity on the skin. Rabbits had some skin irritation when exposed to triclopyr for 24 hours. The salt and ester forms are dermal sensitizers, meaning after multiple exposures there could be signs of allergic reactions. Triclopyr is low in toxicity if inhaled. Rats that inhaled moderate doses for four hours had teary eyes and salivation. If eaten, triclopyr is low in toxicity. Rats showed signs of lethargy, teary eyes, and shallow breathing after eating large doses of triclopyr. What happens to triclopyr when it enters the body? Triclopyr is not absorbed well through the skin. A study with rabbits measured that 1.5% of a dose was absorbed through skin. In a study with human skin, it was estimated that less than 2% of the dose was absorbed.5 Triclopyr residues were measured in fat, ovaries, livers, and kidneys of rats that had eaten triclopyr.5'12 The EPA sets tolerances, which are legal limits for the amount of triclopyr that can be in milk and other animal products. 13 Triclopyr mainly leaves the body in urine. 5 Within 24 hours, 93-94% of a single dose eaten by rats was excreted.12 Is triclopyr likely to contribute to the development of cancer? More studies may be needed to determine if triclopyr exposures could be linked to human cancer risks. The EPA has determined triclopyr is "unable to be classified as to human carcinogenicity." 5 There is only weak evidence for breast cancer in female rats and kidney tumors in male rats.57 Tests show triclopyr is unlikely to damage genetic material.5 Has anyone studied non-cancer effects from long-term exposure to triclopyr? Triclopyr is moderate in toxicity over long-term ingestion exposures. Rats fed moderate doses of triclopyr for 90 days had changes in their kidneys. Parts of kidneys that filter salts and vitamins from the blood were affected. Dogs fed moderate doses for a year had changes in their blood, liver function, weight gain, and kidney weights.5 Studies show that dogs were more sensitive to triclopyr than rats when fed triclopyr over longer periods of time. Results of one study suggest that it may be more difficult for dogs to excrete triclopyr compared to other animals.14 Always take steps to minimize your pets' exposure when using pesticides. Triclopyr is low to moderate in developmental toxicity and moderate in reproductive toxicity. When moderate doses of triclopyr were fed to pregnant rabbits everyday for 13 days, some pregnancies were lost and there were changes in fetal skeletal growth. Similar effects were seen when high doses were fed to pregnant rats for 10 days.5 In another study, two generations of male and female rats were fed triclopyr daily for 10 to 12 weeks before mating. There were fewer offspring and more lost pregnancies in both generations. 5 The EPA has not tested triclopyr for endocrine disruption potential.15 Are children more sensitive to triclopyr than adults? There is no evidence to suggest that children are more sensitive to triclopyr than adults.5 However, young children may act in ways that put them at greater risk of being exposed. For example, they may spend more time near the floor or ground. They may also be more likely to place their hands in their mouths after touching treated surfaces. Take steps to keep children away from pesticides. What happens to triclopyr in the environment? Ester and salt forms of triclopyr rapidly turn into the triclopyr acid form in the environment. Most triclopyr is soluble in water, meaning it dissolves easily. However, the ester form is less soluble. Triclopyr has a low vapor pressure, meaning it is not likely to release fumes into the environment.5 Triclopyr in water breaks down faster with light. The half-life of triclopyr in water with light is around 1 day. ' Without light, it is stable in water with a half-life of 142 days.' Triclopyr breaks down relatively quickly in soils. It is mainly broken down by microbes. The soil half-life ranges from 8 to 46 days.5'10 In deeper soils with less oxygen, the half-life is longer.5 Triclopyr is mobile in soils.2'5 However, movement studies show that triclopyr was not measured in soils deeper than 15 to 90 centimeters (about 6 to 35 inches).45 Its movement in soil is affected by the amount of compost and rain, among other factors.''' Use NPIC's Herbicide Properties Tool (HPT) to find out how triclopyr can move in the environment. As a systemic herbicide, triclopyr is absorbed through plant leaves and roots. It tends to accumulate in the growing points in a plant. The half-life in plants can vary widely with the type of plant. Barley and wheat plants broke down 85% of triclopyr within 3 days of application. 1' The half-life in grass was between 5 and 20 days.16 The half-life in plants ranges from 3 to 24 days. Can triclopyr affect birds, fish, or other wildlife? Triclopyr is practically non-toxic to slightly toxic to birds.5 Long-term exposures to birds acid form) may affect eggshell thickness.4 While the salt form is practically non-toxic to slightly toxic to shellfish, the ester form is moderately to highly toxic.5 All forms of triclopyr can be toxic to algae.4 For fish, the acid and salt forms are practically non-toxic, but the ester form is moderately to highly toxic.5 The ester form can bioaccumulate (build up) in fish.4 However, the ester form rapidly degrades to the acid form in the environment and fish are not likely to contact large amounts of the pesticide. A breakdown product of triclopyr called TCP* is slightly to moderately toxic to fish and shellfish.4,5 For water fleas, the acid and salt forms are practically non-toxic, but the ester form is slightly to moderately toxic.5 Triclopyr is practically non-toxic to bees4-5 Data is not currently available on the long-term toxicity of triclopyr to bees.4 Changes in vegetation, rather than toxicity of triclopyr itself, may affect populations of beetles, butterflies, and spiders. TCP: trichloropyridinol Where can I get more information? For more detailed information about triclopyr please visit the list of referenced resources or call the National Pesticide Information Center, Monday - Friday, at 1-800-858-7378 or visit us on the web at npic.orst.edu. NPIC provides objective, science-based answers to questions about pesticides. Date Reviewed: May 2018 Please cite as: Strid, A.; Hanson, W.; Cross, A.; Jenkins, J. 2018. Triclopyr General Fact Sheet; National Pesticide Information Center, Oregon State University Extension Services. http://npic.orst.edu/ factsheets/triclopyrgen.html. NPIC fact sheets are designed to answer questions that are commonly asked by the general public about pesticides that are regulated by the U.S. Environmental Protection Agency (US EPA). This document is intended to be educational in nature and helpful to consumers for making decisions about pesticide use. Oregon State University Related Topics: Triclopyr Overview PDF Version What are pests? Learn about a pest Identify a pest Control a pest Integrated Pest Management What are pesticides? Herbicides Disinfectants Fungicides Insecticides Natural and Biological Pesticides Repellents Rodenticides Other types of pesticides Please read our disclaimer I Contact us I About NPIC I En espanol NPIC provides objective, science-based information about pesticides and pesticide- related topics to enable people to make informed decisions. NPIC is a cooperative agreement between Oregon State University and the U.S. Environmental Protection Agency (cooperative agreement #X8-84067801). The information in this publication does not in any way replace or supersede the restrictions, precautions, directions, or other information on the pesticide label or any other regulatory requirements, nor does it necessarily reflect the position of the U.S. EPA. Exhibit D Scope of Work Grantee may access and use the Properties identified at Exhibit A for the purpose of conducting stewardship activities along the Dosewallips River between Lazy C I and Dosewallips State Park. Stewardship activities include limbing and thinning of previously planted riparian trees, underplanting of previously planted sites, and treatment of invasive riverside weeds such as butterfly bush, Himalayan blackberry, and Herb Robert as part of an RCO-funded East Jefferson County Riparian Stewardship habitat restoration project, RCO #24-1092 (see Exhibit B). The purpose of limbing and thinning is to allow more light into the understory, which is currently very shaded, to encourage the establishment of native understory riparian species that are recruited to the site naturally and planted by the WCC crew. The goal of these actions is to increase diversity of the planted buffer,providing more benefits to birds,insects,mammals, amphibians, and reptiles that frequently utilize riparian spaces. Underplanting will focus on establishment of native riparian understory species such as osoberry, snowberry, salmonberry, red osier dogwood, and Nootka rose. Plants will be bareroot stock and planted on 3-4' centers in holes 10-12" deep. Treatment of invasive weeds will be done under supervision of licensed herbicide applicators and will utilize Aquaneat and Triclopyr (see Exhibit C) which are both approved for aquatic application or application near waterways. For butterfly bush, application of herbicide will primarily be via foliar spraying with cut-stumping (i.e. sawing trunks flush to the ground and dabbing stump with herbicide) employed on trunks larger than 1.5 inches in diameter. For Himalayan blackberry, foliar spraying will be employed. When practical, Herb Robert will be removed mechanically (pulled). Treatment and removal of invasive weeds will allow spaces currently occupied by them to be reclaimed by native riparian tree and shrub species. When weeds such as butterfly bush colonize streamside areas and gravel bars, it tends to grow so densely that it inhibits establishment of native species like alder, cottonwood, and willow. These native species provide vital shade and erosion control. Additionally, when mature,native trees are important sources of large wood when they fall into the river to create complex habitats that are vital to both juvenile and returning adult salmon. Exotic weeds are inferior in comparison to native species at providing these benefits, primarily due to their short stature and tendency to dominate the landscape. Exhibit D 615 Sheridan Street Port Townsend, WA 98368 c9elle ison www.JeffersonCountyPublicHealth.org Consent Agenda Public Het'litA JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Michaelic " Dawson, Water Quality Manager DATE: LJ/l 1••r? (2 U7,67 SUBJECT: Agenda item — HCCC Subaward Agreement for Hood Canal Regional PIC Phase 5 Project; Upon signature - June 30, 2027; $53,918.94 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of Hood Canal Coordinating Council (HCCC) Subaward Agreement for the Hood Canal Regional Pollution Identification and Correction PIC) Phase 5 Project, Upon signature - June 30, 2027; $53,918.94. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This subaward is for implementation of Phase 5 of the Hood Canal Regional Pollution Identification and Correction Program. The project is led by HCCC and consists of Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and Skokomish Tribes working collaboratively to plan and implement PIC work to help reduce bacterial loading to Hood Canal and increase acreage of approved shellfish growing areas. Jefferson County Public Health has been an active participant in all of the previous phases of this project and this subaward will allow us to continue this beneficial relationship. FISCAL IMPACT/COST BENEFIT ANALYSIS: This subaward agreement adds $53,918.94 of revenue to Jefferson County Public Health to advance and continue PIC activities. There is no match requirement, and no impact to the general fund. RECOMMENDATION: JCPH management requests approval of Hood Canal Coordinating Council Subaward Agreement for the Hood Canal Regional Pollution Identification and Correction Phase 5 Project; Upon signature - June 30, 2027; 53,918.94. REVIEWED BY: Josh 613eters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360- 385-9444 360-385-9400 f) 360-379-4487 360-385-9401 (f)Always working for a safer and healthier community WQ-26-037 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Hood Canal Coordinating Council Contract No: Wq-26-037 Contract For: Pollution ID (PIC) Phase 5 Term: Upon signature- June 30, 2027 COUNTY DEPARTMENT: Public Health Contact Person: Michael Dawson Contact Phone: x 301 Contact email: mdawson@co.jefferson.wa.us AMOUNT: $53,918.94 PROCESS: Exempt from Bid Process Revenue: $53,918.94 Cooperative Purchase Expenditure:Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # 128 RFP or RFQ Munis Org/Obj 12800635 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM LI" CE WI 080 AND CHAPTER 42.23 RCW. CERTIFIED: fl N/A:May 20, 2026 Glenn Gi ert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: fl N/A:May 20, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/4/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/4/2026. DPA review and approval on 6/ 4/2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Ah000 Hood Canal Coordinating Council o Jefferson, Kitsap& Mason Counties; Port Gamble S'Klallam &Skokomish Tribes o —_--W 17791 Fjord Drive NE,Suite 118,Poulsbo,WA 98370 OiS. 'NGGGJ CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND JEFFERSON COUNTY PUBLIC HEALTH THIS AGREEMENT is a subaward and is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Jefferson County Public Health (Subrecipient), with an address of 615 Sheridan Street, Port Townsend, WA 98368, and is made effective as of the date of execution. HCCC and Subrecipient are also referred to as the Parties" and each as a "Party." The Parties to this Agreement agree as follows: 1) DEFINITIONS. For purposes of this Agreement, the term: a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council, also referred to as HCCC, a Washington Corporation, and its members, directors, officers, employees, and agents; b) "Subrecipient" means the Subrecipient and its directors, officers, employees, agents, and subcontractors; and c) "Contract Representative" means the person designated below and incorporated by reference, to serve as representative of HCCC and the Subrecipient for purposes of administration of this Agreement. d) "Effective Date" is the date of execution, unless otherwise specified in the agreement Term. The date of execution is the last date of signature of the parties to the agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. The Subrecipient agrees to provide services as described in Exhibit A, in accordance with applicable professional standards and the applicable Funding Source Programmatic Conditions referenced in Exhibits A and/or B. 3) COMPENSATION. a) Subrecipient agrees to comply with all applicable rules and regulations associated with the funds from the Funding Source. b) Except as provided herein, HCCC agrees to pay Subrecipient on a monthly basis following receipt of an invoice documenting services rendered and costs incurred, in a manner and amount stipulated in Exhibit A. Subrecipient shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement, or as otherwise stated in Exhibit A. HCCC &Jefferson County Public Health Agreement Page 1 Jeffco:WQ-26-037 c) Allowable Costs. i) Travel Expenses. HCCC agrees to reimburse Subrecipient up to the amount stipulated in Exhibit A for travel expenses (which may include per diem). HCCC shall reimburse Subrecipient for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC's Contract Representative. International travel requires advance pre-approval. ii) Other Expenses. HCCC agrees to reimburse Subrecipient for miscellaneous expenses specified in Exhibit A, provided those costs are allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200. Any request over the category amount will not be honored without prior approval by HCCC's Contract Representative. d) Unallowable Costs. i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Subrecipient expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Subrecipient for costs incurred in excess of the approved budget. e) Invoice. Subrecipient's invoice shall indicate dates of service and time spent on that date, a description of work performed, and personnel expenses in providing service under this Agreement. The invoice shall include receipts for purchases of any approved supplies or lab services, and any required documentation for approved travel expenses incurred by Subrecipient in connection with performance under this Agreement. i) Invoices should be sent to via email to: admin@hccc.wa.gov. For alternative delivery options, please contact an HCCC Contract Representative. ii) Invoices must be submitted by a representative of the Subrecipient who has the Subrecipient's full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this payment request, I certify to the best of my knowledge and belief that the payment request is true, complete, and accurate. The expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Agreement. I am aware that any false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. 18 USC 1001 and 31 USC 3729- 3730 and 3801-3812. 4) TERM. The term of this Agreement commences on the Effective Date, and continues until June 30, 2027 as stipulated in Exhibit A, or until terminated by the Parties. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, HCCC may HCCC&Jefferson County Public Health Agreement Page 2 terminate the contract under the "Term" clause without a notice requirement. No work shall commence under this Agreement until it is fully executed by both Parties. 5) SUBCONTRACTING. Subrecipient may not subcontract without prior written approval by the HCCC. Additionally, the Subrecipient is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. 6) TRAINING. Subrecipient acknowledges that no training will be provided by HCCC to Subrecipient under this Agreement. Subrecipient warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 7) BUSINESS LICENSES AND TAXES. a) Subrecipient shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Subrecipient shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. c) If requested, Subrecipient shall provide HCCC with verification of its: i) Unified business identifier number from the State of Washington and that its business license is in good standing; ii) Washington State Department of Revenue account status as active and current; iii) Washington State Labor and Industries account in current status or that the Subrecipient is exempt from the state's industrial insurance requirements; iv) Unique Entity Identifier (UEI) Number; and v) Central Contractor Registry (CCR) active status through SAM.gov. d) All other necessary licenses and permits to perform the work specified in Exhibit B. 8) SUBRECIPIENT STATUS. a) Subrecipient shall act as an independent entity, and in no way shall be considered an employee of HCCC. Subrecipient is not required to report to HCCC's offices at any specific time, except as may be requested for occasional consultations. HCCC does not have the right to assign any additional projects to Subrecipient. Subrecipient shall choose the time and manner for performing each part of the services described in Exhibit A according to its own routines and schedules, independent from HCCC's normal business operations. b) Subrecipient acknowledges that Subrecipient will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service IRS) successfully asserts that Subrecipient is not or was not an independent entity for any period during the term of this Agreement and reclassifies Subrecipient as an HCCC&Jefferson County Public Health Agreement Page 3 employee, Subrecipient agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 "Request for Relief From Payment of Income Tax Withholding") to offset against HCCC's withholding obligation. c) Subrecipient acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to the State of Washington or local jurisdiction. 9) NON-EXCLUSIVE CONTRACT. This Agreement is non-exclusive. Subrecipient reserves the right to perform services for others during the term of the Agreement. 10) MATERIALS AND EQUIPMENT. Subrecipient shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that if Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Subrecipient as part of this Agreement. Materials and equipment includes, but is not limited to, appropriate safety plans and personal protective equipment to employees to address continued performance under the contract where such continued performance can be done in compliance with Federal, State or local requirements. Any materials and equipment to be purchased or provided by the Subrecipient will be indicated in Exhibit A- Scope of Services. 11) INDEMNIFICATION. a) To the fullest extent permitted by law, Subrecipient hereby indemnifies and holds HCCC harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounding in tort, contract or other causes of action arising from any claim or liability resulting from Subrecipient's performance of services described in Exhibit A under this Agreement, except to the extent caused by the negligence of HCCC. b) Subrecipient hereby indemnifies and holds HCCC harmless from any additional taxes, interest and penalties due from Subrecipient or HCCC resulting from reclassification in the event the IRS or any state or local taxing authority successfully asserts that Subrecipient is not or was not an independent entity for any period during the term of this Agreement and reclassifies Subrecipient as an employee. 12) INSURANCE. Subrecipient shall provide HCCC with a certificate of insurance for each insurance provision required in this section. The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Subrecipient shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Subrecipient shall, at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: HCCC&Jefferson County Public Health Agreement Page 4 a) Commercial Automobile Liability Insurance, required if claiming mileage, covering all owned, non-owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than 1,000,000 Combined Single Limit; b) Commercial General Liability Coverage Insurance, with not less than the following limits: 1,000,000 for each occurrence limit, $1,000, 000 for personal injury limit, $2,000, 000 general aggregate limit; c) Professional Liability Insurance if required by state, industry, or similar regulations, in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers' Compensation coverage to the extent it is required by law. e) Notwithstanding the forgoing, Subrecipient maintains a system for self-insurance that meets the requirements of this Insurance section. 13)CONFIDENTIALITY. Information produced or made available to the Subrecipient shall not be disclosed to others or used for any other purpose, except as required or agreed under this contract or by law, without prior written approval by HCCC. 14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. Unless otherwise required by the Funding Source, all data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of HCCC and its assigns. Permission for its subsequent use must be obtained from HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC's sole risk and without legal liability upon the Subrecipient When applicable, precedent shall be given by the parties to Federal statutes and regulations for use of Copyrighted Material and Data, including 2 CFR 200. 315 regarding Intangible Property. 15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. a) Subrecipient gives HCCC the right and authority to publicize HCCC's financial support for this Agreement and the Project in press releases, publications and other public communications. Subrecipient agrees to: (i) give appropriate credit to HCCC and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions below; and (ii) include the disclaimer provided for in (b). Subrecipient must obtain prior HCCC approval for the use relating to this Agreement of the HCCC logo or the logo of any Funding Source. b) Disclaimers. Payments made under this Agreement do not by direct reference or implication convey HCCC's endorsement nor the endorsement by any other entity that provides funds through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: HCCC&Jefferson County Public Health Agreement Page 5 i) For Projects funded in whole or part with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the Hood Canal Coordinating Council and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the Hood Canal Coordinating Council or its funding sources." ii) For Projects not funded with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the Hood Canal Coordinating Council or its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the Hood Canal Coordinating Council or its funding sources." 16) INSPECTION AND RETENTION OF RECORDS. The Subrecipient shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project available to HCCC, the State of Washington, the U.S. Government, or any of their duly authorized representatives for inspection. Records shall be retained for a period of six 6) years following the date of final payment. These records shall be made available for review or audit by duly authorized personnel so authorized by law, regulation or agreement. 17) NONDISCRIMINATION. By signing this Agreement, the Subrecipient certifies that it is in compliance with all state and federal nondiscrimination requirements, and Subrecipient agrees to continue to be in compliance with all state and federal nondiscrimination requirements. Subrecipient agrees to comply fully with applicable civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Drug Abuse Office and Treatment Act of 1971, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Title VIII of the Civil Rights Act of 1968, and the American Disabilities Act. During the term of this Agreement, the Subrecipient shall not discriminate on the bases enumerated at RCW 49.60.530(3), including: age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. In accordance with 40 CFR Part 33 Appendix A, the Subrecipient shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Subrecipient shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies 18) PREVAILING WAGE. The Subrecipient agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with provisions of the Davis-Bacon Act HCCC&Jefferson County Public Health Agreement Page 6 40 USC 3141-3148), Contract Work Hours and Safety Standards Act (40 USC 3701- 3708), other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. 19)APPLICABLE LAW. This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a resident of another state. Venue for any action under this Agreement shall lie in Kitsap County, Washington. 20) MODIFICATION. This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 21) SEVERABILITY. No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. 22) FORCE MAJEURE. Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Party. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party's failure or delay in performance due to force majeure must be given to the unaffected Party promptly thereafter but no later than five (5) days after its occurrence which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing, should the event(s) of force majeure suffered by a Party extend beyond a six-month period, the other Party may then terminate this Agreement by written notice to the non-performing Party, with the consequences of such termination as if this Agreement had expired (and was not terminated) in accordance with other provisions herein. 23)TERMINATION. Either party may terminate this Agreement with 30 days written notification to the other party. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party HCCC &Jefferson County Public Health Agreement Page 7 written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time, if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 24)WAIVER. If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 25)COSTS AND ATTORNEYS FEES. If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover against the other party all costs and reasonable attorneys' fees, including costs and reasonable attorneys' fees incurred to enforce any judgment rendered pursuant to this Agreement. 26)CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS (if applicable). If the Funding Source, including any secondary funding source, is paid with federal funds, the Subrecipient must comply with the following. a) Uniform Guidance. Subrecipient must comply with the Uniform Guidance (2 CFR Part 200) to the extent applicable to Subrecipient as a non-Federal entity receiving a federal award. With respect to cost principles: Non-Profit Organizations, Institution of Higher Education, State, Local or Tribal Government, must comply with the Cost Principles of the Uniform Guidance, 2 CFR Part 200 Subpart E; and Commercial (for-profit) organizations must comply with Title 48 Chapter 1 Subchapter E Part 31. No funds provided pursuant to this Agreement may be used to support any activities not authorized under this Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. b) Audit Requirements. Subrecipient may be required to comply with the Federal Audit Requirements found in 2 CFR 200.500 Subpart F. c) Lobbying and Litigation (2 CFR 200.450). i) No funds under the Agreement may be used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. ii) Restrictions on Lobbying. In any subcontract over $100,000, Subrecipient shall require that subcontractors submit certification and disclosure forms in accordance with the Byrd Anti-Lobbying Amendment, 31 USC 1352. Any Subrecipient who makes a prohibited expenditure or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than 100,000 for each such expenditure. According to 40 CFR Part 34, if contract, grant, or agreement exceeds $100,000, Subrecipient shall complete a Certification Regarding Lobbying (CFR Appendix A to Part 34) or EPA Form 6600-06, available at: HCCC&Jefferson County Public Health Agreement Page 8 https://www.epa.gov/system/files/documents/2021-08/epa form 6600 06.pdf. See also CFR Appendix B to Part 34: Disclosure of Lobbying Activities. d) Debarment and Suspensions. Unless Subrecipient has submitted a written justification fourteen (14) days prior to execution of this Agreement, stating the reason that this term does not apply, which has been expressly accepted and approved by HCCC prior to execution, by signing this Agreement, Subrecipient warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government-wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The Subrecipient further provides that it shall not enter into any subaward, contract or other Contract using funds provided by HCCC with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at SAM.gov. e) Drug-Free Workplace Certification. Subrecipient shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in CFR Part 1536 Subpart B. Subrecipient shall identify all known workplaces under this Agreement, and keep this information on file during the performance of the Agreement. Subrecipients who are individuals must comply with the drug-free provisions set forth in 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 CFR Part 1536 Subpart E. f) Reducing Text Messaging while Driving, Executive Order 13513. Subrecipient is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. g) Disadvantaged Business Enterprise. Subrecipient agrees to good faith efforts whenever procuring construction, equipment, services and supplies in compliance with the requirements of 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs. Subrecipient must receive permission from HCCC to sub-contract with another entity. h) Additional Responsibility Matters. By signing this Agreement, Subrecipient warrants and represents that it is not subject to the below circumstance. i) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. i) Certification and Representation. Subrecipient must submit those certifications and representations required by Federal statutes, or regulations to HCCC on an annual basis. HCCC&Jefferson County Public Health Agreement Page 9 Submission may be required more frequently if the Subrecipient entity fails to meet a requirement of a Federal award. 27)COUNTERPARTS AND ELECTRONIC SIGNATURES.. This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year signed by the Hood Canal Coordinating Council Executive Director below. Jefferson County Washington Hood Canal Coordinating Council dba Jefferson County Public Health David D. Dicks, Executive Director Signature Date Greg Brotherton Print Name Chair, Board of County Commissioners Title Approved as to form: Signature 06/04/2026 Date Jeremiah B. Luther Print Name Deputy Prosecuting Attorney Title This Agreement is made effective as of the last date of signature of the parties to the Agreement. HCCC&Jefferson County Public Health Agreement Page 10 EXHIBIT A Independent Consultant Scope of Services Hood Canal Regional Pollution Identification and Correction Program Phase 5 Contractor: Jefferson County Public Health Description of Services Jefferson County Department of Environmental Health will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program's Phase 5, as described below. The following project information is excerpted from HCCC's base agreement scope of work with WA State Department of Health (DOH): Subrecipient Organization Name: Hood Canal Coordinating Council Unique Entity Identifier:SU99NKLLC1A3 Other Specific Organization Info (e.g.,Statewide Vendor#, UBI, Federal Tax ID): UBI: 602 080 310 EIN:91-2085994 WA statewide Vendor No.: 0011386-00 WA Secretary of State Registration No.: 1127145 Subrecipient Contacts: Grant Manager: Haley Harguth; hharguth@hccc.wa.gov; 360-328-4625; 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Grant Admin: Jennifer Poole,jpoole@hccc.wa.gov, 360- 900- 9063, 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Fiscal Office: Jennifer Poole, ipoole@hccc.wa.gov, 360- 900-9063, 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Authorized Contract Signatory: David Dicks, ddicks@hccc.wa.gov, 360- 620- 7639, 17791 Fjord Dr NE,Ste 188, Poulsbo, WA 98370 Shellfish Strategic Initiative Lead (SSIL) Contacts: Contract Manager: Megan Schell; megan.schell@doh.wa.gov; 360-236-3307 NEP Administrative Assistant:Theo Jones;theo.jones@doh.wa.gov; 360- 236-3355 Effective Date: DOE Expiration Date:June 30, 2027 Not to Exceed: $ 807,988 Contract Number CBO31198 FFY Funding Year FY24 Strategic Initiative Shellfish HCCC Contract Agreement—Exhibit A Page 1 Vital sign links Shellfish Implementation Strategy alignment Shellfish Amount of dollars leveraged 1,373,000 Number of positions supported 21 Project Location: Latitude/Longitude 47°36'23.5"N 122°57'04.2"W OVERVIEW The Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program works to protect and restore water quality by cleaning up and preventing bacterial and nutrient pollution from human and animal waste that impact our ecosystem and threaten public health, our economy, and wellbeing. HCRPIC Program- Phase 5 includes support for water quality protection activities that excel when each component is working effectively and in coordination: Pollution identification and correction fieldwork Regional coordination Skills and knowledge advancement Outreach and education Agricultural pollution mitigation Climate resilience planning for OSS The HCRPIC Program has operated for over 12 years under the Hood Canal Coordinating Council HCCC), contributing to its mission to work with partners and communities to advance a shared a regional vision to protect and recover Hood Canal's environmental, economic, and cultural wellbeing. HCCC is a council of governments formed in 1985 in response to community concerns about water quality problems and related natural resource issues in the Hood Canal watershed. Its members consist of Jefferson, Kitsap, and Mason Counties, and the Port Gamble S'Klallam and Skokomish Tribes. The HCRPIC was developed and Phases I —IV were implemented with past EPA Geographic Funds aka "NEP" grant funding Phase 5 will continue to build on this strong collaborative foundation, as program partners refine and advance their approaches to the essential work of maintaining and improving water quality by reducing bacterial and nutrient pollution. Priority areas will be identified at the start of Phase 5,where work will build on current progress toward water quality upgrades, including in Annas Bay,Tahuya, Lilliwaup, and Duckabush areas.Additional agricultural technical assistance support will help meet the increased demand for these services in south Hood Canal. Mason Conservation District (MCD)'s activities in this grant will further support their work funded under the Mason County Partnership for Clean Water and improve coordination between both programs. Expanded outreach and education efforts will target specific audiences to improve water quality understanding among K-12 students and vacation homeowners and users. New training opportunities will advance partners' data-informed approaches and utilization of new tools to improve pollution investigation efficiency, as well as cross-jurisdictional learning to increase available HCCC Contract Agreement—Exhibit A Page 2 laboratory capacity, a critical need in Jefferson County, and address a common challenge for improved approaches to management of mobile discharges from RVs and boats. Partners will workshop a regional approach to address the threat of sea level rise inundation of shoreline OSS and learn from experts about current data needs and existing resources to inform potential changes in policy or programmatic activities. GOALS & MEASURABLE OBJECTIVES Key metrics and measures of contract activities This table is a component of the FEATS report. Description Units Targets e.g., "shellfish beds reopened")e.g., "acres") (e.g., "number") Upgrade and/or maintain shellfish growing areas in Acres 378 watershed assessment growing areas Number of OSS failures identified OSS failures 5 Number of OSS failures corrected OSS corrections 5 OSS maintenance rebates delivered Rebates 60 Number of students educated Students 1400 Number of agricultural properties advised Cases 30 Number of agricultural best management practices BMP projects 15 BMPs) projects administered Target for Acres was corrected to 392,listed as 492 in error on original Exhibit A,and reduced to 378 to reflect updated conditions at the time of executing this sub-contract agreement. HCCC's full HCRPIC Program Ph. 5 grant agreement with WA DOH is linked here.The task numbers below match HCCC's base grant scope of work. Tasks & Deliverables Task 2: Data Reporting Task 2.5 - Water Quality Exchange (WQX) Reporting The Water Quality Exchange (WQX) is the tool for data partners to submit monitoring data to EPA. If the subrecipient collects any physical, chemical, or environmental data (e. g., dissolved oxygen,water temperature, salinity,turbidity, pH, phosphorous,total nitrogen, E. coli or enterococci, and other biological and habitat data), then the subrecipient's QAPP will specify data to be reported through WQX. Data for a calendar year(Jan 1—Dec 31) must be submitted at least annually. See WQX information, including tutorials, at https://www.epa.gov/waterdata/water-quality-data- wqx. HCCC Contract Agreement—Exhibit A Page 3 Task 2 Deliverables: Task Deliverable Description Due Date 2.5 WQX Data Reporting At least annually by December 31 Task 3: HCRPIC Program Coordination and Administration 3.1: Support HCRPIC Program coordination, providing technical expertise and advice as needed. This task includes: collaboration with program partners to reinforce shared protocols and clarify work flows, prepare the Phase 4 Workplan and track progress, preparation of invoices and progress reports for project coordinators, coordination of County staff working toward Phase 5 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports,sustainable funding efforts, and outreach materials. Project Coordination Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC Program protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. HCRPIC Guidance Group The Guidance Group consists of water quality partners from Hood Canal's local health jurisdictions, tribal governments, conservation districts, restoration non-profits, and the WA Departments of Health and Ecology.The Guidance Group provides oversight and guidance for all HCRPIC Program activities, a structure for consistent procedures across the PIC program, and a space for cross-jurisdictional sharing of information and collaborative problem solving. It will also provide a regular venue for ongoing learning activities outlined in Task 3.2, and coordination of outreach and education efforts, and climate resilience planning. HCRPIC Program partners will meet approximately quarterly, or as needed, throughout the project duration to report on progress toward grant objectives. At Guidance Group meetings, partners will: Report on Ph 5 Workplan implementation, including progress updates toward grant deliverables, including: o Shoreline miles surveyed o Pollution hotspots identified o Ongoing water quality investigations o Site surveys completed, and their outcomes (dye tests completed, sources identified, repairs needed, etc.) HCCC Contract Agreement—Exhibit A Page 4 o Pollution sources identified o Referrals to partner agencies for agricultural pollution sources, enforcement cases, Craft3,Shore Friendly, etc. o Progress of pollution source corrections o OSS failures repaired o OSS repair rebates distributed o Parcels opened o Shellfish Growing Area upgrades Present opportunities for shared learning and problem solving o Requests for advice and assistance o Success stories and lessons learned Share upcoming events, new opportunities for collaboration, and ideas for continued learning Present hotspots for closure following protocol described in HCRPIC Guidance Document. Participate in communications effort and development of educational video targeting rental homeowners and users Participate in workshop exploring climate resilience planning for shoreline OSS Discuss HCRPIC Program communications products and contribute to final report development HCRPIC Ph. 5 Workplan HCCC will coordinate with HCRPIC partners to collaboratively develop the HCRPIC Phase 5 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and property surveys,targeting areas of known pollution hotspots, or facing shellfish growing area downgrades.The Phase 5 Workplan will be informed by current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 4.The Phase 5 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. HCRPIC partners will provide technical support as needed in the development of the program OAPP and Ph. 5 Workplan. Field work activities cannot begin until the HCRPIC Phase 5 Workplan is completed and the QAPP is approved. Progress Reporting Consultant will submit monthly progress reports by the 15th of the following month describing progress toward deliverables. HCRPIC Program Progress Report Template (linked here). Submit progress reports to: HCRPIC Program Coordinator(hharguth@hccc.wa.gov) HCCC Contract Agreement—Exhibit A Page 5 Invoicing Submit monthly invoices by the 15th of the following month documenting expenses incurred during the reporting period, including personnel expenses, and receipts for any purchased supplies or lab services. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress and reporting toward completion of project deliverables. Final invoice: Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Communicate any concerns to HCRPIC Program Coordinator that spending progress is not on track. Send invoices via e-mail to: admin@hccc.wa.gov Include in the subject line: HCRPIC Program Invoice, [Your Entity], [Month of Invoice] 3.2 Skills & Knowledge Advancement Guidance Group Workshops/Trainings HCRPIC Program partners will pursue the following training topics to advance skills and inform our approach to Hood Canal water quality protection.Timelines and workplans for each of these activities will be developed in Guidance Group meetings and documented in the HCRPIC Phase 5 Workplan. Improved data analysis techniques to inform monitoring approaches:The Skokomish Tribe's water quality staff have developed an approach using the data analysis software R that links to water quality database tools and automates data analysis to inform efficient workplanning for pollution monitoring and investigation activities.Two workshops will be planned and conducted to share knowledge and train practitioners how to set up these analytical tools.The data analysis software used (R) is open source and free. Jefferson County will utilize the R routines with the County's Water Quality Database. R-card trial in PIC fieldwork: HCRPIC partners will trial the use of R-Cards as a bacterial testing method and evaluate its efficacy and potential applications compared to standard bacterial analysis to determine whether it is a viable option to improve efficiencies and reduce costs for water quality screenings. The Guidance Group will develop a trial and evaluation protocol to include a focused workshop to discuss conclusions and determine next steps for its future application to regional water quality work. Mobile discharge management BMPs: HCRPIC partners will participate in a focused workshop to share across jurisdictions and learn from external partners (e.g. DNR's derelict vessel program, mobile pumpout programs) about best practices and available resources to address the challenge of mobile wastewater discharge from RVs and boats. Shared management recommendations will be developed to inform each jurisdiction's ongoing management of these challenging pollution sources. HCCC Contract Agreement—Exhibit A Page 6 Puget Sound PIC Workshops Partners will attend the DOH facilitated regional PIC meetings and workshops to share information with and learn from other water quality practitioners across Puget Sound and look for opportunities to adapt and improve HCRPIC Program operations. Jefferson County Laboratory Development Jefferson County will explore developing in-house laboratory capacity in response to urgent limitations on viable laboratory services providers for water sample analysis in the Jefferson County area. County staff will learn from the Hood Canal Salmon Enhancement Group's experience, who have established an accredited in-house laboratory,to inform the County's approach. County staff will visit the HCSEG and Skokomish laboratory sites and discuss standard operating procedures (SOPs)with HCSEG and Skokomish staff.Jefferson County staff will attend training on laboratory protocols, purchase needed laboratory supplies and seek accreditation. Mapping and Data Analysis Support Mason Conservation District (MCD) will provide mapping and data analysis support for HCRPIC partners, as capacity allows, including assisting Mason County's tracking of water quality data on their publicly available ambient monitoring map (linked here) and to inform their monitoring approach. Task 3 Deliverables: Task Deliverable Description Due Date 3.1 Report on program coordination activities Included in progress reports in progress reports Attend quarterly Guidance Group meetings Contribute to Workplan and QAPP development 3.1 Monthly invoices 15th of the following month 3.1 Monthly Progress Reports 15th of the following month 3.2 Report on participation in collaborative Included in progress reports training activities in monthly progress reports Attend Puget Sound Regional PIC Workshops hosted by DOH 3. 2 Jefferson County Lab. Development:Test R-May 30, 2027 Cards, Develop lab SOPs for E. coli and Enterococcus analysis HCCC Contract Agreement—Exhibit A Page 7 Task 4: Water Quality Fieldwork 4.1 PIC Field work Local health jurisdiction staff from Jefferson County will conduct shoreline water samples and pollution investigations to identify sources of fecal coliform bacteria. Once a source is identified, the LHJs will conduct parcel surveys, and work with homeowner on corrective action(s) to mitigate the source. All pollution identification data paid for by the grant will be shared with state or federal agencies upon request. Within the PIC project area Jefferson County will conduct pollution source follow-up, technical assistance, and enforcement. An updated Phase 5 Workplan will be developed before fieldwork initiates (see Phase 4 Workplan).At the start of each phase, Guidance Group partners assess current water quality conditions(shellfish bed downgrades, parcel closures, and other known pollution hotspots)to determine the Priority Areas of focus for upcoming PIC work and the current issues to address in each area.The updated list of Priority Areas will be documented in the Phase 5 Workplan. Shellfish bed upgrades will be targeted in: Jefferson County: 192 acres total o Hood Canal 3 - Duckabush: 192 acres (conditional closure area) HCRPIC Program partners adhere to technical guidelines and procedures described in the Quality Assurance Project Plans (QAPPs) approved under each phases' NEP grants (Phase 3 QAPP; Phase 4 QAPP Addendum) and outlined in the program's Workplan and Field Guide. The HCRPIC Field Guide, based on QAPP approved protocols,was established in Phase 3, updated in Phase 4, and will be assessed for any necessary updates at the start of Phase 5 based on the new Phase 5 QAPP.The HCPRIC Program Field Guide includes protocols for:water quality standards and criteria, monitoring data collection and management,water sample collection and chain of custody for transporting samples, pollution hotspot investigation process and prioritization, property inspection instructions and rating classifications, dye testing determination matrix, pollution source correction recommendations and resources, and reporting. Jefferson County will purchase needed sampling supplies and tools. Supplies Qty UV sterilizer 1 Sample bottles, 100 3 Infrared thermometer 1 100 R-Cards(E. coli) 2 100 R-Cards(Entero.) 1 Little Giant still air incubators 2 Glassware 4 Micropipette 2 HCCC Contract Agreement—Exhibit A Page 8 Micropipette tips,960 1 Plastic mat 1 Safety equipment 1 Misc. supplies 1 Task 4 Deliverables: Task Deliverable Description Due Date 4.1 Purchase Jefferson Co. PIC sampling supplies and tools, include Jun 30, 2026 receipts in invoices. 4.1 PIC Data Reports: 1. Provide verbal updates of water quality work and progress 1. At Guidance Group toward deliverables at Guidance Group meetings (reported in meetings(dates meeting summaries), and TBD) 2. Submit regular data reports to HCRPIC Program coordinators format and frequency to be determined in Ph. 5 Workplan). 2. At least semi- annually(dates PIC Fieldwork deliverables: TBD); Final data Jefferson Co. PIC due May 30, 2027 192 acres of shellfish growing areas upgraded 17 closed parcels opened 0.5 miles shoreline surveyed samples collected hotspots identified/closed parcel surveys=70%of all parcels within hotspots areas of concern dye tests conducted Ag pollutions sites referred OSS failures OSS repairs Task 5: Outreach & Education 5.1 OSS Maintenance Rebates Jefferson County will distribute OSS maintenance rebates for OSS pumping, inspections, and small repairs to eligible property owners in priority areas. Rebate Program Guidelines HCCC Contract Agreement—Exhibit A Page 9 Guidelines for OSS Maintenance Rebates established in the Phase 4 Workplan will be re-visited and updated with new goals and protocols based on lessons learned, and target areas set based on the Ph. 5 Priority Areas, and any current OSS Operations and Maintenance Program priorities for each local health jurisdiction.The HCPIRC Guidance Group will revisit program guidelines regarding eligibility, rebate amount, and rebate processing to maximize efficient use of these funds. Data will be collected to track rebate effectiveness over time. For each rebate, an application form, receipt, and pumping/inspection report are required to be submitted and included with invoices. Task 5 Deliverables: Task Deliverable Description Due Date 5.1 1. OSS Maintenance Rebates distributed: 1. May 30, 2027 Jefferson Co.: 10 2. Included with 2. OSS rebate form, receipt, and pumping/inspection report invoices submitted with each rebate, and included in invoices. Project Budget Hood Canal Regional Pollution Identification and Correction Program—Phase 5 Task 2:Data Reporting Personnel Environmental Health Specialist 51/hr @ 15hrs 765.00 Personnel Subtotal $ 765.00 Other Costs Insert category Description Other Costs Subtotal $ Indirect Costs 25.90% $ 198.14 Task 2 Subtotal $ 963.14 Task 3.1: HCRPIC Program Coordination and Administration Personnel Water Quality Manager 71/hr @ 30hrs 2,130.00 Environmental Health Specialist 51/hr @ 15hrs 765.00 Environmental Health Specialist 51/hr @ 18hrs 918.00 Environmental Health Specialist 51/hr @ 25hrs 1,275.00 Environmental Health Specialist 51/hr @ 10Hrs 510.00 Financial Operations Coordinator 45/hr @ 18hrs 810.00 Personnel Subtotal $ 6,408.00 HCCC Contract Agreement—Exhibit A Page 10 Other Costs Insert category Description Other Costs Subtotal $ Indirect Costs 25.90% $ 1,659.67 Task 3 Subtotal $ 8,067. 67 Task 3. 2 Skills& Knowledge Advancement Personnel Water Quality Manager 71/hr @ 40hrs 2,840.00 Environmental Health Specialist 51/hr @ 30hrs 1,530.00 Environmental Health Specialist 51/hr @ 30hrs 1,530.00 Environmental Health Specialist 51/hr @ 30hrs 1,530.00 Personnel Subtotal $ 7,430.00 Other Costs Travel PT to Poulsbo 725/mi, 72 mi x4 208.80 Technical Consultant Database 15,000.00 Equipment Lab 2,600.00 Other Costs Subtotal $ 17,808.80 Indirect Costs 25.90% $ 6,536.85 Task 3 Subtotal $ 31,775.65 Task 4:Water Quality Fieldwork Personnel Water Quality Manager 71/hr @ 5hrs 355.00 Environmental Health Specialist 51/hr @ 5hrs 255.00 Environmental Health Specialist 51/hr @ 5hrs 255.00 Environmental Health Specialist 51/hr @ 30hrs 1,530.00 Personnel Subtotal $ 2,395.00 Other Costs Lab Services Description 2,000.00 Equipment Field Gear 1,000.00 Other Costs Subtotal $ 3,000.00 Indirect Costs 25.90% $ 1,397.31 Task 4 Subtotal $ 6,792.31 Task 5:Outreach&Education Personnel Environmental Health Specialist 51/hr @ 10hrs 510.00 Environmental Health Specialist 51/hr @ 10hrs 510.00 HCCC Contract Agreement—Exhibit A Page 11 Personnel Subtotal $ 1,020.00 Other Costs OSS O&M Rebates 10 @ $400 each 4,000.00 Other Costs Subtotal $ 4,000.00 Indirect Costs 25.90% $ 1,300.18 Task 5 Subtotal $ 6,320.18 Subtotals Personnel Total 18,018.00 Other Costs Total 24,600.00 Travel Total 208.80 Indirect Costs 25.9% $ 11,092.14 Grand Total 53,918.94 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: 53,918.94. Submit monthly invoices by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Travel: If claiming mileage Consultant will submit a Mileage Report for Reimbursement with invoice. Consultant may use their own report, or use HCCC's consultant mileage report. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date The effective date is the date the contract is signed by all parties and ends Jun 30, 2027. Consultant Checklist Consultant will complete and provide requested information on Exhibit B. Contract Representatives HCCC Representatives: David Dicks, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 HCCC Contract Agreement—Exhibit A Page 12 206- 550-2685 ddicks@hccc.wa.gov Project Manager: Haley Harguth, Ecosystem Planning Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328-4625 Contracting&Fiscal Support: Katie Champlin, Grant Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 kchamplin@hccc.wa.gov 564-245-0506 Additional Administrative Support: Jennifer Poole, Director of Operations jpoole@hccc.wa.gov 360-900-9063 mobile 360-394-0046 office Contractor Representative(s): Signatory: Greg Brotherton, Chair, Board of County Commissioners Jefferson County PO Box 1220 Port Townsend WA 98368 jeffbocc@co.jefferson.wa.us 360-385-9100 Project Manager: Michael Dawson, Water Quality Manager Jefferson County Public Health 615 Sheridan St Port Townsend WA 98368 mdawson@co.jefferson.wa.us 360-385-9444 x301 360-531-2862 cell Billing contact: Debbie Fountain, Financial Operations Coordinator HCCC Contract Agreement—Exhibit A Page 13 Jefferson County Public Health 615 Sheridan St Port Townsend WA 98368 360-385-9400 x475 HCCC Contract Agreement—Exhibit A Page 14 EXHIBIT B SUBRECIPEINT CHECKLIST Business Identifiers Subrecipient or Contractor/Consultant Determination: According to 2 CFR 200 Subpart D, HCCC has determined that you are a Subrecipient. Subrecipient Business Name: Jefferson County Public Health Unique Entity Identifier(UEI) Number: 184 826 790 Washington State UBI: 161 001 169 Federal Tax ID No (EIN)*: 91-6001322 Washington Business Type: Local government Certifications OMWBE*: If certified by Washington State's Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.gov, indicate certification type and number: Certification Type(s): Not certified Certification Number(s): Pursuant to a class exception issued March 17, 2025, the EPA is suspending actions related to 40 CFR Part 33 including recipient reporting,compliance, enforcement actions, and the requirement to collect EPA Form 5700-52A MBE/WBE as a condition of closeout. HCCC may collect this information for reference. Veteran Owned Business: If certified as Veteran Owned Business, indicate certification program or type and number: Certification Type(s): Not certified Certification Number(s): Subrecipient provides the following: IRS Form W-9 Copy of business card, if available Copy of licenses or permits, if required for services Certificate(s) of Insurance, as specified/required by terms of Agreement, to be in effect for the entire term of the Agreement. May include: o Commercial General Liability, naming HCCC as additional insured o Commercial Auto Liability (if claiming mileage) o Professional Liability Insurance (for certain professional services) o Workers' Compensation Insurance HCCC Staff verify the following, and may ask for verification from Subrecipient: Business website (link to website): Confirm Active status with WA Secretary of State. Confirm WA Dept. of Revenue account is Active. HCCC &Jefferson County Public Health Agreement—Exhibit B Confirm Workers Compensation Coverage is current with WA Labor & Industries (LNI) or status exempt if no 'workers'. Confirm contractor is not debarred (WA LNI "Verify a Contractor"). Confirm professional licenses are current/active, if applicable. Federal/State Pass-Through Information Project Name: Hood Canal Regional Pollution Identification and Correction Program (HCRPIC), Phase 5 Funding Source(s): Environmental Protection Agency (passed through) Washington State Department of Health (DOH) Federal Funding Reference: Federal Award Identification No (FAIN): PC-01J89801-3 Federal Funding Source Award Date: 5/30/2024; End Date: 6/30/2027 Catalog of Federal Domestic Assistance No. (CFDA): 66.123 CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program HCCC & WA Dept. of Health Agreement: Period of Performance: Date of Execution: 5/8/2025; End Date: 6/30/2027 DOH Contract No.: CB031198-0 DOH Contract Manager: Megan Schell; megan.schell@doh.wa.gov; 360-236-3307 Note: This award is not for R&D (research and development). Additional Terms, Conditions & Requirements of this Subaward: Subrecipient is hereby provided with: Exhibit A EPA Terms and Conditions, Programmatic Conditions, as applicable, of the HCCC & WA DOH Agreement CB031198-0, pages 23-32 of 61, at: https://hcccwagov.box.com/s/t3u3ew1gyzfaa5icfmm7w38gppgh14x7 EPA General Terms and Conditions effective October 1, 2024 or later, at: https://www.epa.gov/system/files/documents/2024- 10/fy 2025 epa general terms and conditions effective october 1 2024 or later.pdf HCCC &Jefferson County Public Health Agreement—Exhibit B JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: David Fortino DATE: June 16, 2026 SUBJECT: HCA PROFESSIONAL SERVICES CONTRACT AMENDMENT#2 for MOUD/MAUD in Jails STATEMENT OF ISSUE: This HCA Contract Amendment for MOUD/MAUD will continue to provide access to medication, and services for individuals with substance use disorders among the inmate population of the Jefferson County Jail. ANALYSIS: This Amendment extends funding for MOUD/MAUD medications, program staff and supplies, and release and reentry coordination. This funding expands the substances use disorder services provided in the jail. FISCAL IMPACT: The HCA Contract prior maximum contract amount $483,793.00. Amount of increase $285,787.00. Total Maximum compensation $769,580.00 RECOMMENDATION: Approve HCA PROFESSIONAL SERVICES CONTRACT AMENDMENT#2 for MOUD/MAUD in Jails and delegate the authority to sign off via Docusign, on behalf of the county to Chief of Corrections David Fortino. REVIEWED BY: 6,17/9.‘ Jo Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Washington Sate Healthcare Authority Contract No: K8167-2 Contract For: PROFESSIONAL SERVICES CONTRACT for MOUD/MAUD in Jails Term: 1 year COUNTY DEPARTMENT: Jefferson County Sheriff's Office Contact Person: David Forum Contact Phone: 360-344-9743 Contact email: dfortino@co.jefferson.wa.us AMOUNT: $769,580.00 PROCESS: Exempt from Bid Process Revenue: N/A Cooperative Purchase Expenditure: N/A Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # 001-180-000 RFP or RFQ Munis Org/Obj 001-180-000 Other: State Grant APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:Ei ce QZ6- Signatufe Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: ED Z/20,2 fgnature e STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/5/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 6/5/2026. DPA Luther reviewed and approved on 6-5-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Docusign Envelope ID 4441BCO2-C884-8DBC-8205-CDEF94D7931D Washington State A CONTRACT HCA Contract No.: K8167 Health Care AlithoriYt AMENDMENT Amendment No.: 02 THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and the party whose name appears below, and is effective as of the date set forth below. CONTRACTOR NAME CONTRACTOR doing business as(DBA) Jefferson County Sheriffs Office Jefferson County Jail CONTRACTOR ADDRESS CONTRACTOR CONTRACT MANAGER 81 Elkins Road Name: Chief David Fortino Port Hadlock, WA 98339 Email: dfortino(cr co.jefferson.wa.us AMENDMENT START DATE CONTRACT END DATE July 1, 2026 June 30, 2027 PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE TOTAL MAXIMUM COMPENSATION 483,793 285,787 769,580 WHEREAS, HCA and Contractor entered into Contract K8167 for the development and implementation of the Medication for Opioid Use Disorder(MOUD) and Medications for Alcohol Use Disorder (MAUD) in Jails programs, and; WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 4.4, Amendments, to extend the Contract term, increase funding, and incorporate a revised and restated Statement of Work; THEREFORE, the parties agree the Contract is amended as follows: 1. Contract Section 2, Definitions, two (2) new defined terms are incorporated in alphabetical order. The new defined terms are as follows: Informed Refusal" is when an individual refuses treatment after an explanation of the treatment is provided including, its benefits and risks, alternatives, addressing the individual's concerns and exploration of any reasonable way of addressing the concerns to avoid refusal, and explanation of the risks of refusal, all this provided in a manner that is comprehensible by the individual. Appears Unwell" means to demonstrate signs, symptoms, or indications observable by a layperson that (1) indicate an individual may be sick (physically or psychologically); or (2) in the case of a patient who has already been assessed by a qualified health care professional, indicate the individual's condition is worsening, becoming unstable, or becoming a danger to themselves or others. 2. Contract Section 3. 2, Term, subsection 3.2.1, is amended to extend the Contract term as follows: 3.2.1 The initial term of the Contract will commence on December 1, 2024, and continue through June 30, 2027, unless terminated sooner as provided herein. 3. Contract Section 3.3, Compensation, subsection 3.3.1 is amended to reflect the $285,787 increase in funding, subsection 3. 3.1 now reads as follows: 3.3.1 The parties have determined the cost of accomplishing the work herein will not exceed $769, 580, inclusive of all fees, taxes, and expenses. Compensation for satisfactory performance of the work will not exceed this amount unless the parties agree to a higher amount through an amendment. 4. A new Attachment 1-B, Statement of Work, is added to prevent redundancy between the previous Attachment 1(s), Statement(s) of Work, while also incorporating updates. In the event of an inconsistency HCA Contract No. K8167-02 Page 1 of 14 Docusign Envelope ID.4441BCO2-C884-BDBC-8205-CDEF94D7931D the revised and restated Attachment 1-B, Statement of Work, shall supersede all previous Attachment 1(s), Statement(s) of Work. The revised and restated Attachment 1-B, Statement of Work, is attached hereto and by this reference is incorporated into the Contract. 5. A new Attachment 2-A, EXAMPLE-MOUD & MAUD in Jails Program Monthly Progress Report, is added to provide Contractor with the new reporting template to be required beginning July 1, 2026. The updated Attachment 2-A, EXAMPLE- MOUD & MAUD in Jails Program Monthly Progress Report, is attached hereto and by this reference is incorporated into the Contract. 6. This Amendment is effective July 1, 2026, ("Effective Date"). 7. All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Contract. 8. All other terms and conditions of the Contract remain unchanged and in full force and effect. The parties signing below warrant that they have read and understand this Amendment and have authority to execute the Amendment. This Amendment will be binding on HCA only upon signature by both parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED David Fortino Chief of Corrections HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED o«usq^.ds,,_ Andria Howerton I 01b4.1•1-4-tael. HCA Deputy Contracts Administrator 6/4/2026 F2EF77E93FBC407 Approved as to form only: ON06-05-2026 Jer- .h:Tuther Date Civil Deputy Prosecuting Attorney HCA Contract No. K8167-02 Page 2 of 14 Docusign Envelope ID 4441BCO2-C884-8DBC-8205-CDEF94D7931D ATTACHMENT 1-B Statement of Work 1. PURPOSE To support a comprehensive treatment program for incarcerated individuals with Opioid Use Disorder (OUD) and Alcohol Use Disorder (AUD), beginning with screening upon entry and ending with seamless transition to care in the community, with use of Medications for Opioid Use Disorder (MOUD) and Medications for Alcohol Use Disorder (MAUD) at its core. This Contract supports RCW 71.24.599: Opioid use disorder—City and county jails—Funding. (wa.gov). Health Equity - This program also intends to address inequities in treatment and recovery services by providing medically necessary treatment to incarcerated individuals. Programs should understand cultural barriers and provide culturally appropriate services. Additionally, this program intends to identify stigma and educate to ensure ongoing collaboration and openness to change. 2. PERFORMANCE EXPECTATIONS In addition to the performance expectations outlined in Contract Section 3.1, Performance Expectations, the following expectations are also required, as applicable: 2.1. Treatment Requirements for American Indian/Alaska Native (Al/AN) Individuals For American Indian/Alaska Native (Al/AN) individuals receiving Medications for Opioid Use Disorder MOUD) and/or Medications for Alcohol Use Disorder (MAUD) services, Contractor, shall coordinate with the individual's Indian Health Care Provider (IHCP) to ensure the IHCP can participate in treatment and discharge planning, including continuity of care in the nearest IHCP clinically appropriate setting. 3. WORK EXPECTATIONS Contractor shall ensure funds are responsibly used towards the Opioid Use Disorder (OUD) and Alcohol Use Disorder (AUD) treatment programs in the jail and provide the community standard of care, including, at a minimum, the following core components: 3.1. General Requirements 3.1.1. Unless otherwise stated in this Statement of Work, Section 3, Work Expectations, Contractor shall follow Guidelines for Managing Substance Withdrawal in Jails. 3.1.2. All refusals of care required under this contract must be Informed Refusals, one element of which is that the individual must have decision-making capacity. 3.1.2.1. If an individual expresses a desire to refuse a treatment, appears well, and there is no urgency to the treatment, treatment may be delayed until an appropriately licensed professional determines they have decision-making capacity and obtains an Informed Refusal. 3.1.2.2. If an individual expresses a desire to refuse a treatment (i.e., someone who then needs to undergo an Informed Refusal) and either appears unwell or the treatment is urgent, Contractor will arrange for immediate evaluation of the individual's decision- making capacity (i.e., on-site or at a community hospital), and, if they have such capacity, immediately execute an Informed Refusal. HCA Contract No. K8167-02 Page 3 of 14 Docusign Envelope ID 4441BCO2-C884-8DBC-8205-CDEF94D7931D a. If sent to a community hospital, Contractor shall not accept the individual back at the jail until it is clinically safe to do so, and they have regained decision-making capacity. 3.1.2.3. Decision-making capacity shall only be determined by a medical or mental health prescriber (e.g., physician, nurse practitioner, physician assistant) or a licensed mental health professional at the master's level or higher. Informed Refusal shall only be executed by a prescriber. 3.2. Intake 3.2.1. Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake. 3.2.2. MOUD1, MAUD2, and other medications which support the relief of withdrawal symptoms, such as alpha-2 adrenergic agonists (e.g., lofexidine), anti-emetics, anti-diarrheals, analgesics, and fluid and electrolyte replacement (e.g., Gatorade®) must be offered to individuals at no charge to the individual. 3. 2.3. Offer initiation of MOUD treatment to individuals who are physically dependent on opioids, may have withdrawal symptoms, or have disclosed recent use and anticipate withdrawal. Facilities shall not require tapering from the illicit opioid unless clinically indicated. 3. 2.4. Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate. 3.2.5. Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need, unless one of the following exceptions is applicable: 3.2.5.1. Injectable long-acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. 3.2.5.2. Injectable long-acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. 3. 2.5.3. Oral buprenorphine may be converted to any of the three formulations available: film, tablet with naloxone, or tablet without naloxone. 3.2.5.4. If the individual is not pregnant, methadone may be transitioned to buprenorphine if one of the following is applicable: a. Contractor is not a licensed Opioid Treatment Program (OTP) and the nearest OTP willing to collaborate with the jail to provide methadone is not within reasonable driving distance from the jail, and the jail does not have nursing staff on site seven 1 Methadone, buprenorphine, naltrexone 2 Naltrexone, acamprosate HCA Contract No. K8167-02 Page 4 of 14 Docusign Envelope ID:4441 BCO2-C884-8DBC-8205-CDEF94D7931 D 7) days a week. The individual must be started back on methadone prior to release if they plan to resume methadone in the community. b. There is no OTP within reasonable distance of the individual's release residence. 3.2.5.5. Though MOUD/MAUD must not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances, administration of the community-based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug-drug interaction. 3.2.6. Contractor shall screen for OUD and AUD without physical dependence (i.e., without a risk of acute withdrawal) and history of opioid overdose, soon after intake. 3.2.7. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release. 3.2.8. Make available and offer treatment using some formulation of methadone, buprenorphine, or naltrexone based on a mutually agreed-upon plan between the prescriber and the individual. The plan must take into consideration, among other clinically relevant factors, the availability of specific medications at their residence of release. 3.2.8.1. Contractor may provide naltrexone or buprenorphine in oral formulation, with or without naloxone while the individual is incarcerated but must offer an oral formulation of buprenorphine WITH naloxone unless there is a clinical reason not to do so, e.g., the individual is allergic to naloxone at release. 3.2.9. Contractor shall not allow an individual to undergo opioid withdrawal, including withdrawal using a tapering dose of buprenorphine or methadone, unless the individual provides an Informed Refusal of continuing maintenance MOUD treatment after withdrawing or the individual elects MOUD treatment with naltrexone. 3.2.9.1. In either case, Contractor will offer the individual tapering doses of buprenorphine or methadone supplemented, as necessary, with alpha-2 adrenergic agonists (e. g., lofexidine), anti-emetics, anti-diarrheals, analgesics, fluid and electrolyte replacement e. g., Gatorade®). 3.2.9.2. Initiation of buprenorphine or methadone, whether for maintenance or for withdrawal, must not be delayed for administrative reasons, e.g., unavailability of a prescriber, beyond when they are clinically indicated to be started. 3.3. During Incarceration 3.3.1. Offer initiation of maintenance MOUD/MAUD to individuals who did not start MOUD/MAUD for acute opioid or alcohol withdrawal as identified at intake, e.g., individuals with OUD but without physical dependence, or individuals with AUD who underwent withdrawal. 3.3.1. 1. For all individuals initiation should begin soon enough to attempt stabilization of dosing prior to release. 3.3.1.2. For individuals with a history of opioid overdose, initiation should begin as soon as possible after identified. HCA Contract No. K8167-02 Page 5 of 14 Docusign Envelope ID:4441BCO2-C884-8DBC-8205-CDEF94D7931D 3.3.2. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release. 3.3.3. Contractor shall not use alternate-day or"balloon" dosing of buprenorphine (i.e., administering a dose of medication on one (1) day which is intended to last for two (2) or more days). 3. 3.4. Administer methadone and buprenorphine more often than one dose daily if clinically necessary, e.g., in some pregnant or post-partum individuals, those who metabolize the medication faster, and individuals who have side effects from large single doses. 3. 3.5. Offer counseling to individuals for their OUD/AUD if they are expected to remain in jail for longer than one (1) month. Provide MOUD/MAUD regardless of the individual's willingness to participate in counseling. 3.3.6. There may be reasons an individual will not continue MOUD/MAUD in the community, such as no available treatment provider in the community to which the individual is released. If the individual will not continue MOUD/MAUD in the community, the decision when or if to discontinue MOUD/MAUD prior to release must be based on a mutually agreed-upon decision between the individual and the prescriber and must consider factors, including but not limited to, the risks of opioid misuse or overdose during incarceration, and the individual's willingness to receive a four-week (4-week) dose of an extended-release injectable buprenorphine just prior to release which will provide a safe, tapered withdrawal. 3.4. Release Contractor must accomplish the following prior to each individual's release from jail: 3.4.1. Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release, including in the event of an unexpected release of an individual who needs continued treatment and services. 3.4.2. Provide at least two (2) doses of an opioid reversal agent (e.g., naloxone or Narcan®) and training on how to administer the medication to all individuals with OUD. 3.4.3. Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD. 3.4.4. Provide in hand, upon release, and at no cost to the individual, a sufficient number of doses of MOUD and/or MAUD to bridge the individual until the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility. 3.4.4.1. If an individual is on a long-acting injectable medication, the Contractor will ensure the timing of the injectable medication ensures sustained treatment effect to bridge the individual to the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility. 3.4.4.2. If an individual is at risk of being released directly from court, inform them prior to going to court that they may request to be transported back to jail by staff to receive these medications prior to going home. HCA Contract No. K8167-02 Page 6 of 14 Docusign Envelope ID:4441BCO2-C884-8DBC-8205-CDEF94D7931D 3.4.4.3. In situations where a follow-up appointment upon release cannot be made, e.g., after- hours bail-out, give the individual enough medication to last until the next available appointment at the community treatment. If the appointment date is unknown or cannot be reliably estimated, give the individual a 30-day supply at minimum. 3.4.4.4. In situations where medications cannot be provided upon release, e.g., unscheduled release at a time when medical staff are not present in jail, Contractor must ensure the following: a. The individual is informed that they may either return to the jail in the morning to receive bridge medications; or b. If no medical staff are present the following day, call in a prescription for the same bridge medication to a local pharmacy, at no cost to the individual. 3.4.5. Assist Medicaid-eligible individuals to sign up for Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage. 3.4.6. For any individual with Medicaid coverage, work cooperatively with the individual's Managed Care Organizations (MCO) to facilitate re-entry benefits and continued treatment with a community partner, including but not limited to allowing the MCO's agent timely access to the jail and the individual. 3.5. Contract Management 3.5.1. Ensure operation specific tools, such as job descriptions, policies and procedures, and statements of work, are developed, and staff are adequately trained, to ensure consistent and appropriate practice. 3.5.2. Attend monthly meetings with the HCA Contract Manager to discuss Contract requirements, compliance, and problem-solving. Attend additional meetings as required or deemed necessary by the HCA Contract Manager. 3.5.3. Contractor shall cooperate with periodic site visits by the HCA Contract Manager or designee and make all relevant records and personnel available. 4. REPORTING Contractor shall complete performance monitoring activities, including the submission of timely and accurate data reports to the HCA Contract Manager, utilizing the HCA provided templates. Further evaluation, including on- and off-site data collection, may be conducted by HCA or an HCA-designated third party. Reporting shall include, but is not limited to, the following: 4.1. Monthly Progress Reports 4.1.1. Due no later than the 10th day of the month following the month in which the services being reported were provided. 4.1.2. See Attachment 2-A, EXAMPLE- MOUD & MAUD in Jails Program Monthly Progress Report. 4.2. Monthly Data Collection Spreadsheet 4.2.1. Due no later than the 10th day of the month following the month in which the services being reported were provided. HCA Contract No. K8167-02 Page 7 of 14 Docusign Envelope ID 4441 BCO2-C884-8DBC-8205-CDEF94D7931 D 4. 2.2. See Attachment 3, MOUD Monthly Data Collection Spreadsheet. 4.3. Data Collection Format 4.3.1. HCA anticipates shifting the data collection format from MFT to Program Data Acquisition Management and Storage (PDAMS) system during the term of this Contract. Contractor shall continue to collect data via Managed File Transfer(MFT) method until notified otherwise by the HCA Contract Manager in writing. 4.3.1.1. HCA Contract Manager shall notify Contractor of this change no less than ten (10) Business Days before implementing the new collection format. 5. COST REIMBURSEMENT The payment format for this Contract is established as cost reimbursement. Reports and receipts must be submitted monthly with each A-19 invoice, as identified in this section and in Contract Section 3.4, Invoice and Payment. 5.1. Allowable Expenses Funding provided under this Contract must be used to support a MOUD/MAUD program at the jail. Contractor is not currently participating in the Medicaid Reentry Waiver and is unable to bill Medicaid for reimbursable services. If Contractor's status changes Contractor must notify the HCA Contract Manager to negotiate an amendment to this Contract. Contractor shall submit a written request to the HCA Contract Manager prior to the purchase of any items not included in the list below. Requests must be submitted no less than fifteen (15) Business Days prior to purchasing and HCA approval must be granted, in writing, prior to purchasing. The following is a list of allowable expenses: 5.1.1. Program Staff 5.1. 1.1. Nurses; 5.1. 1.2. Medical assistants; 5.1.1.3. Health Care Providers; 5.1. 1.4. Prescribers; 5.1.1.5. Correctional staff; 5.1. 1.6. Clerical and/or administrative staff for program reporting and administration; and 5.1.1.7. Other program staff as needed. 5.1.2. MOUD, MAUD, and Medications 5.1.2.1. FDA approved Medications for Opioid Use Disorder: a. Buprenorphine, including long-acting, injectable buprenorphine; b. Methadone; and c. Naltrexone. 5.1.2.2. FDA approved Medications for Alcohol Use Disorder(MAUD). 5.1.2. 3. Naloxone for Contractor and Contractor staff. HCA Contract No. K8167-02 Page 8 of 14 Docusign Envelope ID 4441BCO2-C884-8DBC-8205-CDEF94D7931D 5.1.3. Program Supplies 5.1.3.1. Technology: a. Tablets; b. Phones; c. Security; d. Internet or wi-fi enhancements to allow for telehealth; and e. Other supplies if approved by the HCA Contract Manager as outlined in Section 4.1, Allowable Expenses. 5.1.3.2. MOUD and MAUD Program Staff Office Needs: a. Desk; b. Chair; c. Computer; and d. Phone. 5.1.4. Release and Reentry 5.1.4.1. Transportation for participating individuals upon release to facilitate treatment services such as first community appointment, picking up prescriptions, safe place facilities, etc. 5.1.4.2. Release kit items such as: a. Naloxone; b. Gift cards; c. Clothing and shoes; d. Personal hygiene items; and e. Phones. 5.2. Monthly Estimated Costs 5.2.1. The estimated monthly cost reimbursement is as follows: 5.2.1.1. July 1, 2026 —June 30, 2027 Monthly Estimated Cost Number of Months Total Costs 23,815 12 285,787 5.2.2. Adjustments revising twenty-five percent (25%) or more of the Monthly Estimated Costs as identified in this section 5.2 must be submitted to the HCA Contract Manager or designee for approval in writing, via email, at least fifteen (15) Business Days prior to expending the adjusted funds. 5.2.3. HCA approval must be granted, in writing, prior to expending funds. HCA Contract No. K8167-02 Page 9 of 14 Docusign Envelope ID 4441 BCO2-C884-8DBC-8205-CDEF94D7931 D 5.3. Invoicing Invoices must be submitted in conjunction with the monthly reports identified in this Statement of Work, Section 4, Reporting, and as follows: 5. 3.1. Invoices shall be due no later than the tenth (10th) day of the month following the month in which the expenses being invoiced were expended; and 5. 3. 2. As outlined in Contract Section 3.4, Invoice and Payment. HCA Contract No. K8167-02 Page 10 of 14 Docusign Envelope ID:4441 BCO2-C884-8DBC-8205-CDEF94D7931 D ATTACHMENT 2-A EXAMPLE - MOUD & MAUD in Jails Program Monthly Progress Report NOTE: Example below provided for reference only, the HCA Contract Manager will provide the fillable form for Contractor use prior to the July 1, 2026, implementation date. CONTRACTOR NAME: PROJECT MANAGER(S): MONTH REPORTING ON: CONTRACT FUNDING START: CONTRACT FUNDING END: July 1, 2026 June 30, 2027 1. INTAKE Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake. MOUD3, MAUD'', and other medications which support the relief of withdrawal symptoms, such as alpha-2 adrenergic agonists (e.g., lofexidine), anti-emetics, anti-diarrheals, analgesics, and fluid and electrolyte replacement (e.g., Gatorade®) must be offered to individuals at no charge to the individual. Offer initiation of MOUD treatment to individuals who are physically dependent on opioids, may have withdrawal symptoms, or have disclosed recent use and anticipate withdrawal. Facilities shall not require tapering from the illicit opioid unless clinically indicated. Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate. Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need, unless one of the following exceptions is applicable: Injectable long-acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. Injectable long-acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. Oral buprenorphine may be converted to any of the three formulations available: film, tablet with naloxone, or tablet without naloxone. If the individual is not pregnant, methadone may be transitioned to buprenorphine if one of the following is applicabl=,;_ o Contractor is not a licensed Opioid Treatment Program (OTP) and the nearest OTP willing to collaborate with the jail to provide methadone is not within reasonable driving distance from the jail, and the jail does not have nursing staff on site seven (7) days a week. The individual must be started back on methadone prior to release if they plan to resume methadone in the community. o There is no OTP within reasonable distance of the individual's release residence. 3 Methadone, buprenorphine, naltrexone Naltrexone, acamprosate HCA Contract No. K8167-02 Page 11 of 14 Docusign Envelope ID:4441 BCO2-C884-8DBC-8205-CDEF94D7931 D Though MOUD/MAUD must not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances, administration of the community-based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug-drug interaction. Contractor shall screen for OUD and AUD without physical dependence (i.e., without a risk of acute withdrawal) and history of opioid overdose, soon after intake. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release. Make available and offer treatment using some formulation of methadone, buprenorphine, or naltrexone based on a mutually agreed-upon plan between the prescriber and the individual. The plan must take into consideration, among other clinically relevant factors, the availability of specific medications at their residence of release. Contractor may provide naltrexone or buprenorphine in oral formulation, with or without naloxone while the individual is incarcerated but must offer an oral formulation of buprenorphine WITH naloxone unless there is a clinical reason not to do so, e.g., the individual is allergic to naloxone at release. Contractor shall not allow an individual to undergo opioid withdrawal, including withdrawal using a tapering dose of buprenorphine or methadone, unless the individual provides an Informed Refusal of continuing maintenance MOUD treatment after withdrawing or the individual elects MOUD treatment with naltrexone. In either case, Contractor will offer the individual tapering doses of buprenorphine or methadone supplemented, as necessary, with alpha-2 adrenergic agonists (e.g., lofexidine), anti-emetics, anti- diarrheals, analgesics, fluid and electrolyte replacement (e.g., Gatorade®)). Initiation of buprenorphine or methadone, whether for maintenance or for withdrawal, must not be delayed for administrative reasons, e.g., unavailability of a prescriber, beyond when they are clinically indicated to be started. 2. DURING INCARCERATION I Offer initiation of maintenance MOUD/MAUD to individuals who did not start MOUD/MAUD for acute opioid or alcohol withdrawal as identified at intake, e.g., individuals with OUD but without physical dependence, or individuals with AUD who underwent withdrawal. For all individuals initiation should begin soon enough to attempt stabilization of dosing prior to release. For individuals with a history of opioid overdose, initiation should begin as soon as possible after identified. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release. Contractor shall not use alternate-day or "balloon" dosing of buprenorphine (i.e., administering a dose of medication on one (1) day which is intended to last for two (2) or more days). Administer methadone and buprenorphine more often than one dose daily if clinically necessary, e.g., in some pregnant or post-partum individuals, those who metabolize the medication faster, and individuals who have side effects from large single doses. HCA Contract No. K8167-02 Page 12 of 14 Docusign Envelope ID 4441 BCO2-C884-8DBC-8205-CDEF94D7931 D LI Offer counseling to individuals for their OUD/AUD if they are expected to remain in jail for longer than one (1) month. Provide MOUD/MAUD regardless of the individual's willingness to participate in counseling. There may be reasons an individual will not continue MOUD/MAUD in the community, such as no available treatment provider in the community to which the individual is released. If the individual will not continue MOUD/MAUD in the community, the decision when or if to discontinue MOUD/MAUD prior to release must be based on a mutually agreed-upon decision between the individual and the prescriber and must consider factors, including but not limited to, the risks of opioid misuse or overdose during incarceration, and the individual's willingness to receive a four-week(4-week) dose of an extended-release injectable buprenorphine just prior to release which will provide a : ,tapered withdrawal. 3. RELEASE Contractor must accomplish the following prior to each individual's release from jail: Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release, including in the event of an unexpected release of an individual who needs continued treatment and services. Provide at least two (2) doses of an opioid reversal agent (e.g., naloxone or Narcan®) and training on how to administer the medication to all individuals with OUD. Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD. LI Provide in hand, upon release, and at no cost to the individual, a sufficient number of doses of MOUD and/or MAUD to bridge the individual until the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility. If an individual is on a long-acting injectable medication, the Contractor will ensure the timing of the injectable medication ensures sustained treatment effect to bridge the individual to the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility. If an individual is at risk of being released directly from court, inform them prior to going to court that they may request to be transported back to jail by staff to receive these medications prior to going home. In situations where a follow-up appointment upon release cannot be made, e.g., after-hours bail- out, give the individual enough medication to last until the next available appointment at the community treatment. If the appointment date is unknown or cannot be reliably estimated, give the individual a 30-day supply at minimum. In situations where medications cannot be provided upon release, e.g., unscheduled release at a time when medical staff are not present in jail, Contractor must ensure the following: The individual is informed that they may either return to the jail in the morning to receive bridge meications; or if ntfnedical staff are present the following day, call in a prescription for the same bridge medication to a local pharmacy, at no cost to the individual. Assist Medicaid-eligible individuals to sign up for Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage. HCA Contract No. K8167-02 Page 13 of 14 Docusign Envelope ID:4441BCO2-C884-8DBC-8205-CDEF94D7931D For any individual with Medicaid coverage, work cooperatively with the individual's Managed Care Organizations (MCO) to facilitate re-entry benefits and continued treatment with a community partner, including but not limited to allowing the MCO's agent timely access to the jail and the individual. 4. NOTES: I attest that the general requirements of the MOUD/MAUD in Jails contract have been met as indicated herein. AUTHORIZED REPRESENTATIVE SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Akr 44PAle HCA Contract No. K8167-02 Page 14 of 14 Docusign Envelope ID 080C55A3-41F1-4098-82CB-945E2BBB3072 I I Washington State CONTRACT j HCA Contract No.: K8167 Health Care Uthority AMENDMENT Amendment No.: 01 THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and the party whose name appears below, and is effective as of the date set forth below. CONTRACTOR NAME CONTRACTOR doing business as(DBA) Jefferson County Sheriffs Office Jefferson County Jail CONTRACTOR ADDRESS CONTRACTOR CONTRACT MANAGER 81 Elkins Road Name: Chief David Fortino Port Hadlock, WA 98339 Email: dfortino(aco.iefferson.wa.us AMENDMENT START DATE CONTRACT END DATE July 1, 2025 June 30, 2026 PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE TOTAL MAXIMUM COMPENSATION 179,073 304,720 483.793 WHEREAS, HCA and Contractor entered into Contract K8167 for to develop and implement, or expand, the Medication for Opioid Use Disorder (MOUD) and Medications for Alcohol Use Disorder MAUD) in Jails program. and: WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 4.4. Amendments, to extend the Contract term, increase funding, and incorporate a revised and restated Statement of Work; THEREFORE. the parties agree the Contract is amended as follows: 1. Section 2, Definitions, two (2) new, defined terms are added, and incorporated in alphabetical order, as follows: Medications for Alcohol Use Disorder" or "MAUD" means a medical treatment approach that uses FDA-approved medications to help individuals with Alcohol Use Disorder(AUD) reduce or stop their opioid use and improve their overall health and well-being. Medications for Opioid Use Disorder" or "MOUD" means a medical treatment approach that uses FDA-approved medications to help individuals with Opioid Use Disorder (OUD) reduce or stop their opioid use and improve their overall health and well-being. 2. Section 3.2. Term, subsection 3 2.1, is amended to extend the Contract term as follows 3.2.1 The initial term of the Contract will commence on December 1, 2024, and continue through June 30, 2026. unless terminated sooner as provided herein. 3. Section 3.3. Compensation, subsection 3. 3.1 is amended to reflect the $304,720 increase in funding, the maximum compensation is as follows: 3.3.1 The parties have determined the cost of accomplishing the work herein will not exceed 483,793, inclusive of all fees, taxes, and expenses. Compensation for satisfactory performance of the work will not exceed this amount unless the parties agree to a higher amount through an amendment. HCA Contract No K8167-01 Page 1 of 14 Docusign Envelope ID 080055A3-41 F 1-4098-82CB-945E26BB3072 4. Section 3.4, Invoice and Payment is revised to make minor updates and incorporate additional detail regarding cost reimbursement payment requirements. Section 3.4, Invoice and Payment, now reads as follows: 3.4 INVOICE AND PAYMENT 3.4.1 In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https.I/ofm.wa gov!it- systems/statewide-vendorpayee-services/receivi nq-payment-state. 3.4.2 Invoices must describe and document to the HCA Contract Manager's satisfaction a description of the work performed, the progress of the project, and fees. All invoices and deliverables will be approved by the HCA Contract Manager prior to payment. Approval will not be unreasonably withheld or delayed. 3.4.3 If expenses are invoiced, invoices must provide a detailed breakdown of each type. Expenses of$50 or more must be accompanied by a receipt. 3.4.4 Invoices must be submitted using the A-19 Invoice Voucher form to rachel.meadehca wa cloy with the HCA Contract number in the subject line of the email. Invoices must 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. Any available prompt payment discount. 3.4.5 HCA will return incorrect or incomplete invoices for correction and reissue. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. 3.4.6 Upon expiration of the Contract. any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty(60) calendar days after the Contract expiration date. HCA is under no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the Contract expiration date Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 5. Section 3. 7, Incorporation of Documents and Order of Precedence, is amended to reflect the changes made with this amendment and now reads as follows: 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: HCA Contract No. K8167-01 Page 2 of 14 E,.e',]oe ".3r'r5;4;4'I- 3. 3 7 1 Applicable Federal and State of Washington statutes and Regulations, 3 7 2 Recitals, 3 7 3 Special Terms and Conditions; 3 7 4 General Terms and Conditions, 3.7 5 Attachment 1(s) Statement(s) of Work, and 3 7 6 Any other provision,term or material incorporated herein by reference or otherwise ncorporated 6 A new Attachment 1-A, Statement of Work, is added to prevent redundancy between the previous Attachment 1(s), Statement(s) of Work, while also incorporating updates. In the event of an inconsistency the revised and restated Attachment 1-A. Statement of Work, shall supersede all previous Attachment 1-A(s) Statement(s) of Work The revised and restated Attachment 1-A, Statement of Work is attached hereto and by this reference is incorporated into the Contract 7 A new Attachment 2, MOUD& MAUD in Jails Program Monthly Progress Report. is added for Contractor's use n meeting the requirements of Attachment 1-A Statement of Work. Section 3, Reporting The new Attachment 2, MOUD & MAUD in Jails Program Monthly Progress Report, is attached hereto and by this reference is incorporated into the Contract 8 A new Attachment 3, MOUD Monthly Data Collection Spreadsheet. is added for Contractor s use in meeting the requirements of Attachment 1-A, Statement of Work Section 3, Reporting The new Attachment 3. MOUD Monthly Data Collection Spreadsheet. is by this reference incorporated into the Contract 9 This Amendment is effective July 1, 2025. ("Effective Date") 10 All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Contract 11 All other terms and conditions of the Contract remain unchanged and in full force and effect The parties signing below warrant that they have read and understand this Amendment and have authority to execute the Amendment 'his Amendment will be binding on HCA only upon signature by both parties CON' RE cRW'ED NAME ANO'ITLE ATE SIGNEn hief David Fortino t f of CnrrPctinn I0/,sj--- ri,A j >- INTED NAME AND?ir rid na Howerton 10/2/2025 ujfJ_nntrantc ArimInistratnr Approved as to form only: f for 10/14/2025 Philip Hunsucker,Chief Civil Deputy Prosecuting Attorney HCA Contract No KS 167-01 Page 3 of'4 Docusign Envelope ID 080C55A3-41Ft-4098-82CB-945E28883072 ATTACHMENT 1-A Statement of Work July 1, 2025 -June 30, 2026 1. PURPOSE Support a comprehensive treatment program for incarcerated individuals with Opioid Use Disorder OUD) and Alcohol Use Disorder(AUD), beginning with screening upon entry and ending with seamless transition to the care in the community. with use of Medications for Opioid Use Disorder MOUD) and Medications for Alcohol Use Disorder (MAUD) at its core. This Contract supports RCW 71.24.599. Opioid use disorder—City and county iails—Fundinq wa.gov). Health Equity - This program also intends to address inequities in treatment and recovery services by providing medically necessary treatment to incarcerated individuals. Programs should understand cultural barriers and provide culturally appropriate services. Additionally, this program intends to identify stigma and educate to ensure ongoing collaboration and openness to change. 2. WORK EXPECTATIONS Contractor shall ensure funds are responsibly used towards the Opioid Use Disorder(OUD) and Alcohol Use Disorder(AUD) treatment programs in the jail and provide the community standard of care, including. at a minimum, the following core components: 2.1. General Standard of Care 21.1. 2020 ASAM National Practice Guideline for the Treatment of Opioid Use Disorder, 2 1.2 Guidelines for Managing Substance Withdrawal in Jails; 2.1.3. For American Indian/Alaska Native (Al/AN) individuals receiving Medications for Opioid Use Disorder(MOUD) and/or Medications for Alcohol Use Disorder (MAUD) services. Contractor. shall coordinate with the individual's Indian Health Care Provider(IHCP)to ensure the IHCP can participate in treatment and discharge planning, including continuity of care in the nearest IHCP clinically appropriate setting for all Al/AN individuals participating in the program. 2.2. Intake 2.2.1 Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake. 2.2.2. MOUD, MAUD, and other medications which support the relief of withdrawal symptoms. such as clonidine, anti-emetics, anti-diarrheals, and analgesics must be offered to individuals at no charge to the individual. 2.2.3 Offer initiation of MOUD treatment to individuals who are physically dependent on opioids. may have withdrawal symptoms or have disclosed recent use and anticipate withdrawal. HCA Contract No K8167-01 Page 4 of 14 Docusign Envelope ID 080C55A3-41F1-4D98-82CB-945E2B8B30 2 2.2.4. Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate. 2.2.5. Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. 2.2.6. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need, and as documented in the individual's medical record, unless one of the following exceptions is applicable: 2.2.6.1. Injectable long-acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. 2.2.6.2. Injectable long-acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. 2.2.6.3. Oral buprenorphine may be converted to any of the three formulations available: film, tablet with naloxone, or tablet without naloxone. 2.2.6.4. If the individual is not pregnant, methadone may be transitioned to buprenorphine if the Contractor is not a licensed Opioid Treatment Program (OTP) and the nearest OTP is not within reasonable driving distance from the jail or there is no OTP within reasonable distance of the individual's release residence. 2.2.6.5. Though MOUD/MAUD may not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances. administration of the community-based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug-to-drug interaction. 2.2.7. Screen for OUD and AUD without physical dependence(i.e. without a risk of acute withdrawal) after intake, as long as the delay does not impair the ability to begin treatment prior to release. 2.2.8. Educate individuals on treatment choices and the process for continuation of access to MOUD during incarceration and upon release. 2.2.9. Make available and offer treatment using some formulation of methadone. buprenorphine, and naltrexone based on a mutually agreed-upon plan between the prescriber and the individual, with the following exceptions or caveats: 2.2.9.1. The Contractor may decline to offer methadone if the Contractor is not a licensed OTP, and the nearest OTP is not within reasonable driving distance from the jail or there is no OTP within reasonable distance of the individual's release residence. HCA Contract No. K8167-01 Page 5 of 14 Docusign Envelope ID 080C 55A3-41F 1-4D98-82CB-945E2BBB3072 2.2.9.2. If there is no available buprenorphine provider in the community to which the individual will release. the Contractor must still offer buprenorphine (tapered over several days) if opioid withdrawal is clinically indicated. 2.2.9.3. If withdrawal is not clinically indicated and the only reason for considering discontinuation of buprenorphine is the lack of an available buprenorphine provider in the community to which the individual will be released. the decisions when or if buprenorphine should be discontinued prior to release should be made based on the following: a. A plan mutually agreed-upon between the individual and the prescriber; b. The length of time the individual is expected to remain in the jail; c. The risks of opioid misuse or overdose during the incarceration; and d. The individual's willingness to receive a dose of an extended-release injectable buprenorphine just prior to release which will provide a safe tapered withdrawal for the individual. 2.2.9.4. Provide naltrexone in oral formulation while the individual is incarcerated. Offer injectable long-acting naltrexone or buprenorphine as an option prior to release. 2.2.9. 5. Offer oral buprenorphine without naloxone while the individual is incarcerated but must discharge the individual on a formulation of buprenorphine with naloxone unless there is a clinical reason not to do so. E.g., the individual is discharged on injectable buprenorphine. the individual is allergic to naloxone. 2.2.10. Contractor shall not facilitate forced opioid withdrawal, including withdrawal using a tapering dose of buprenorphine or methadone, unless the individual provides an informed refusal of treatment or the individual elects MOUD treatment with naltrexone, in which case withdrawal is clinically required. 2.2.10.1. In such case, Contractor may use other medications (e.g., clonidine, anti-emetics. anti-diarrheals. analgesics. etc.) in place of buprenorphine or methadone if the individual chooses or as adjuncts to these medications, but they may not be the only withdrawal treatment available. 2. 2.10.2. Initiation of buprenorphine or methadone, whether for induction of treatment or for withdrawal, may not be delayed for administrative reasons, e.g., unavailability of a prescriber, beyond when they are clinically indicated to be started. HCA Contract No. K8167-01 Page 6 of 14 Docusign Envelope ID 080C55A3-41F1-4D98-82C8-945E2BBB3072 2. 2. 11. Provide immediate evaluation to individuals at risk for, or in, opioid or alcohol withdrawal who refuse treatment by a medical or mental health prescriber or a licensed mental health professional at the masters' level or higher, to determine if they have decision-making capacity. 2.2.11.1. If they do not, they must be transported to a community hospital and may not return to the jail until they are clinically safe to return to the jails AND have regained decision-making capacity. 2.3. During Incarceration 2.3.1. Offer initiation of MOUD/MAUD to individuals with unidentified OUD/AUD and/or if treatment was not offered at intake. E.g., individuals with OUD but without physical dependence, individuals with AUD who underwent withdrawal. etc. 2.3.2. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release. 2.3.3; Administer methadone and buprenorphine daily or more frequently. 2.3.4. Contractor shall not use alternate-day or"balloon" dosing of buprenorphine. 2.3.5. Offer counseling to individuals for their OUD/AUD if they are expected to remain in jail for longer than one month. 2.3.6. Provide MOUD/MAUD regardless of the individual's willingness to participate in counseling. 2.4. Release Contractor must accomplish the following prior to each individual's release from jail: 2.4.1. Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release or in the event of an unexpected release of an individual who needs continued treatment and services. 2.4.2. Provide at least two (2) doses of naloxone(e.g., NarcanCe?) and training on how to administer the medication to all individuals with OUD. 2.4.3. Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD. 2.4.4. Provide in hand, upon release, and at no cost to the individual, sufficient doses of MOUD and/or MAUD to bridge. or sustain treatment for, the individual until the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility. This does not apply to individuals treated with injectable MOUD/MAUD. HCA Contract No. K8167-01 Page 7 of 14 Docusign Envelope ID:080055A3-41 F 1-4D98-82CB-945E2BBB3072 2.4.4.1. If an individual is at risk of being released directly from court, inform them prior to going to court that they may request to be transported back to the jail by staff to receive these medications prior to going home. 2.4.4.2. In situations where a follow-up appointment upon release cannot be made, e.g., after-hours bail-out, give the individual enough medication to last until the next available appointment at the community treatment facility. If the appointment date is unknown. give the individual a 30-day supply at minimum. 2.4.4.3. In situations where medications cannot be provided upon release, e.g., unscheduled release at a time when medical staff are not present in jail, Contractor must ensure the following: a. The individual is informed that they may either return to the jail in the morning to receive bridge medications: or b. If no medical staff are present the following day. call in a prescription for the same bridging medication to a local pharmacy. at no cost to the individual. 2.4.5. Assist Medicaid-eligible individuals to sign up for Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage. 2.4.6. For any individual with Medicaid coverage. work cooperatively with the individual's Managed Care Organizations (MCO)to facilitate re-entry benefits and continued treatment with a community partner, including but not limited to allowing the MCO's agent timely access to the jail and the individual. 2.5. Contract Management 2.5 1. Ensure operation specific tools, such as job descriptions. policies and procedures, and statements of work, are developed. and staff are adequately trained. to ensure consistent and appropriate practice. 2.5.2. Attend monthly meetings with HCA Contract Manager to discuss Contract requirements, compliance, and problem-solving. Attend additional meetings as required or deemed necessary by the HCA Contract Manager. 2.5.3. Contractor shall cooperate with periodic site visits by the HCA DBHR program administrator or designee and make all relevant records and personnel available. 3. REPORTING Contractor shall complete performance monitoring activities, including the submission of timely and accurate data reports to the HCA Contract Manager, utilizing the HCA provided templates. Further evaluation, including on- and off-site data collection may be conducted by HCA or an HCA-designated third party Reporting shall include, but is not limited to. the following: HCA Contract No. K8167-01 Page 8 of 14 Docusign Envelope ID 080055A3-41F 1-4D98- 82C8-945E2BBB3072 3.1. Monthly Progress Reports 3.1.1. Due no later than the 10'h day of the month following the month in which the services being reported were provided. 3.1.2. See Attachment 2. MOUD & MAUD in Jails Program Monthly Progress Report. 3.2. Monthly Data Collection Spreadsheet 3.2.1. Due no later than the 10w day of the month following the month in which the services being reported were provided. 3.2.2. See Attachment 3, MOUD Monthly Data Collection Spreadsheet. 3.3. Data Collection Format Contractor shall provide the required reports via Managed File Transfer(MFT). 3.3.1. HCA anticipates shifting the data collection format at least in part from MFT to the Program Data Acquisition Management and Storage (PDAMS) system prior to the end date of this Contract. 3.3.1. 1. Contractor shall continue to collect data via MFT method until notified otherwise by the HCA Contract Manager in writing. 3.3.1.2. HCA Contract Manager shall notify Contractor of this change no less than ten (10) Business Days before implementing the new collection format. 4. COST REIMBURSEMENT The payment format for this Contract is established as cost reimbursement. Reports and receipts must be submitted monthly with each A-19 invoice, as identified in this section and in Contract Section 3.4. Invoice and Payment. 4.1. Allowable Expenses Funding provided under this Contract must be used to support a MOUD/MAUD program prior to the implementation of the Medicaid Reentry Waiver and the ability to bill Medicaid for reimbursable services. If Contractor's status changes Contractor must notify the HCA Contract Manager to negotiate an amendment to this Contract. Contractor shall submit a written request to the HCA Contract Manager prior to the purchase of any items not included in the list below. Requests must be submitted no less than fifteen 15) Business Days prior to purchasing and HCA approval must be granted. in writing. prior to purchasing. The following is a list of allowable expenses: 4.1.1. Program Staff 4.1. 1.1. Nurses: 4.1.1.2. Medical assistants: 4.1.1.3. Health Care Providers; HCA Contract No. K8167-01 Page 9 of 14 Docusign Envelope ID 080C55A3-4IF1-4D98-82CB-945E288B3072 41.14. Prescribers; 4.1.1.5. Correctional staff; 4.1.1.6. Clerical and/or administrative staff for program reporting and administration; and 4.1.1.7. Other program staff as needed. 4.1.2. MOUD, MAUD. and Medications 4.1.2.1. FDA approved Medications for Opioid Use Disorder: a. Buprenorphine, including long-acting, injectable buprenorphine; b. Methadone; and c. Naltrexone. 4.1.2.2 FDA approved Medications for Alcohol Use Disorder(MAUD). 4.1.2.3. Naloxone for Contractor and Contractor staff. 4.1.3. Program Supplies 4.1.3.1 Technology: a. Tablets: b. Phones: c. Security: d. Internet or wi-fl enhancements to allow for telehealth; and e. Other supplies if approved by the HCA Contract Manager as outlined in Section 4.1. Allowable Expenses. 4.1.3. 2. MOUD and MAUD Program Staff Office Needs: a. Desk; b. Chair; c. Computer: and d. Phone. 4.1.4. Release and Reentry 4.1.4.1. Transportation for participating individuals upon release to facilitate treatment services such as first community appointment, picking up prescriptions, safe place facilities, etc. 4.1.4.2. Release kit items such as: a. Naloxone; b. Gift cards: c. Clothing and shoes; HCA Contract No K8167-01 Page 10 of 14 Docusign Envelope ID 080C55A3-41F1-4098-82CB-945E2BBB3072 d. Personal hygiene items; and e. Phones. 4.2. Monthly Estimated Costs The estimated monthly cost reimbursement is as follows: 4.2.1. July 1, 2025—June 30, 2026 Monthly Estimated Cost Number of Months Total Costs 25,393 12 304,720 4.2.2. Adjustments revising twenty-five percent(25%) or more of the Monthly Estimated Costs as identified in this section 4.2 must be submitted to the HCA Contract Manager or designee for approval in writing, via email. at least fifteen (15) Business Days prior to expending the adjusted funds. 4.2.3. HCA written approval must be granted prior to expending funds. 4.3. Invoicing Invoices must be submitted in conjunction with the monthly reports identified in Section 3, Reporting, and as follows: 4.3.1. Invoices shall be due no later than the 10' day of the month following the month in which the expenses being invoiced were expended; and 4.3.2 As outlined in Contract Section 3.4. Invoice and Payment. HCA Contract No. K8167-01 Page 11 of 14 Docusign Envelope ID 080C 55A3-41F 1-4D98-82CB-945E2BBB3072 ATTACHMENT 1 MOUD &MAUD in Jails Program Monthly Progress Report Please give a sentence or two in response to each prompt below. These are not yes or no questions but rather guidance on what is needed for program compliance. It is important to share that funding is being spent in accordance with program requirements, that the funding is needed. and that the program is successful. Please plan to discuss your program and bring innovative ideas to each monthly HCA partner meeting. 1. Key information Contractor Name: Month Reporting on: 1 Project Manager(s): Contract Funding Start: July 1, 2025 1 Contract Funding End: June 30, 2026 2. How are funds spent for this program? This section may be the same each month. 2.1. Staff: 2.2. Medications: 2.3. Subcontractors: 2.4. Naloxone: 2.5. Release Kits: 2.6. Other: 3. Narrative Progress Report Include meeting the standard of care. barriers, solutions, Training and Technical Assistance TTA), successes, who is providing each step, what tools are being used. etc. 3.1. Screening or assessments for OUD and AUD and for risk of acute withdrawal. 3.2. How are withdrawals being treated? 3.3. Continuing or inducing MOUD or MAUD 3.4. Release plan and reentry coordination. including: 3.4.1. Schedule first community follow-up appointment; and 3.4.2. Bridge medication upon release. 4. Successes Including program or individual participant successes. 5. Challenges Include both challenges faced and what solutions are being considered. HCA Contract No. K8167-01 Page 12 of 14 Docusign Envelope ID:080C55A3-41F1-4098-82C8-945E2B8B3072 6. How many individuals were screened for alcohol use disorder? 7. How many individuals began, or were continued on, Medications for Alcohol Use Disorder MAUD)? 8. Which MAUDs are being offered and which one is being chosen the most often? HCA Contract No K8167-01 Page 13 of 14 Docusign Envelope ID 080055A3-41F I-4D98-82C8-945E28BB3072 ATTACHMENT 3 MOUD Monthly Data Collection Spreadsheet The current Contract Attachment 3. MOUD Monthly Data Collection Spreadsheet, including any and all modifications. is incorporated herein by reference. Any questions regarding the use or purpose of this form may be submitted to the HCA Contract Manager. HCA Contract No. K8167-01 Page 14 of 14 Docusign Envelope ID 4CC4CD6B-DF47-4B9E-9CF2-61BD187F3944 Washington State + PROFESSIONAL SERVICES HCA Contract Number. K8167 ity CONTRACT for ContractorNendor Contract Number: Health Care I author MOUD/MAUD in Jails THIS CONTRACT is made by and between the Washington State Health Care Authority, (HCA) and Jefferson County Sheriffs Office DBA Jefferson County Jail, (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS(DBA) Jefferson County Sheriffs Office Jefferson County Jail CONTRACTOR ADDRESS Street City State Zip Code 81 Elkins Road Port Hadlock WA 98339 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS David Fortino 360) 344-9743 dforhno©eDco,efferson wa us Is Contractor a Subrecipient under this Contract? OYES®NO HCA PROGRAM HCA DIVISION/SECTION MOUD in Jails Program DBHR HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Chelsea Amato Health Care Authority MOUD in Jails Program Administrator 626 8th Avenue SE PO Box 45330 Olympia, WA 98504-5330 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS 360)725-9592 chelsea.amatoa.hca wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT December 1. 2024 June 30, 2025 179,073 PURPOSE OF CONTRACT Support a comprehensive treatment program for incarcerated individuals with Opioid Use Disorder(OUD) and Alcohol Use Disorder(AUD), beginning with screening upon entry and ending with seamless transition to the care in the community,with use of Medications for Opioid Use Disorder(MOUD) and Medications for Alcohol Use Disorder(MAUD) at its core. 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 SIGNED Signed by. Thief David Fortino r r -c n 1. F 1/24/2025 l,f 1/ Chief of Corrections HU SNARE PRINTED NAME AND TITLE DATE SIGNED e---ClocarSigned 4ndria Howerton 12/27/2024 Deputy Contracts Administrator Rev 3/13/2024 vcivyc iL. c-u Gov t0 Approved as to form only: r I for 01/02/2025 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Washington State 2 MOUD/MAUD in Jails Health Care Authonty HCA Contract 14K8167 uut.ubly.,CI IVO.upt,u.Yl,.l..t .uUD-vey/ Gov,ot rorrti TABLE OF CONTENTS 1. Statement of Work (SOW) 5 2. Definitions 5 3. Special Terms and Conditions 9 3.1 Performance Expectations 9 3. 2 Term 9 3.3 Compensation 10 3.4 Invoice and Payment 10 3.5 Contractor and HCA Contract Managers 11 3.6 Legal Notices 12 3.7 Incorporation of Documents and Order of Precedence 12 3.8 Insurance 13 4. General Terms and Conditions 14 4.1 Access to Data 14 4.2 Accessibility 14 4.3 Advance Payment Prohibited 15 4.4 Amendments 15 4.5 Assignment 15 4.6 Attorneys' Fees 15 4.7 Change in Status 15 4.8 Conflict of Interest 15 4.9 Conformance 16 4.10 Covered Information Protection 16 4.11 Contractor's Proprietary Information 17 4.12 Covenant Against Contingent Fees 17 4.13 Debarment 17 4.14 Disputes 17 4.15 Entire Agreement 18 4.16 Force Majeure 18 4.17 Funding withdrawn, Reduced, or Limited 18 4.18 Governing Law 19 4.19 HCA Network Security 19 4.20 Indemnification 20 4.21 Independent Capacity of the Contractor 20 4.22 Legal and Regulatory Compliance 20 4.23 Limitation of Authority 21 4.24 No Third-Party Beneficiaries 21 Washington State 3 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 L)ui_u ly1 co I VOL/ER 11J.•t.a..YL,wo-vrv'-tioac-ol.r, c-v Iov 10/r 4.25 Nondiscrimination 21 4.26 Overpayments to the Contractor 22 4.27 Pay Equity 22 4.28 Publicity 23 4.29 Records and Document Review 23 4.30 Remedies Non-Exclusive 23 4.31 Right of Inspection 23 4.32 Rights in Data/Ownership 24 4.33 Severability 25 4.34 Site Security 25 4.35 Subcontracting 25 4.36 Survival 26 4.37 Taxes 26 4.38 Termination 26 4.39 Termination Procedures 27 4.40 Transition Obligations 29 4.41 Treatment of Assets 29 4.42 Waiver 30 4.43 Warranties 30 Attachment 1: Statement of Work 32 Washington State 4 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 latAAJ R,II CI IVCIV1JG c-V IDV I0 r 4*yy Recitals The State of Washington. acting by and through the Health Care Authority (HCA), seeks to secure comprehensive treatment program for incarcerated individuals with Opioid Use Disorder OUD) and Alcohol Use Disorder (AUD); and Client services, as described in this Contract, are exempt from competitive solicitation (RCW 39.26.125(6)) and Jefferson County Sheriffs Office DBA Jefferson County Jail (Contractor) seeks to provide such services. HCA has determined that entering into a Contract with Jefferson County Sheriffs Office DBA Jefferson County Jail will meet HCA's needs and will be in the State's best interest. THEREFORE. HCA awards to Jefferson County Sheriffs Office DBA Jefferson County Jail this Contract, the terms and conditions of which will govern Contractor's providing comprehensive treatment program for incarcerated individuals with Opioid Use Disorder (OUD) and Alcohol Use Disorder (AUD). IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW), The Contractor will provide the services and staff as described in Attachment 1: Statement of Work. 2. DEFINITIONS Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. Authorized User" means an individual or individuals with an authorized business need to access HCA's Confidential Information under this Contract. Business Associate" means a Business Associate as defined in 45 C.F.R. § 160.103, who performs or assists in the performance of an activity for or on behalf of HCA. a Covered Entity, that involves the use or Disclosure of Protected Health Information (PHI). Any reference to Business Associate in this Contract includes Business Associate's employees, agents, Business Days" means Monday through Friday. 8:00 a.m. to 5:00 p.m., Pacific Time. except for holidays observed by the state of Washington. Centers for Medicare and Medicaid Services" or "CMS" means the federal office under the Secretary of the United States Department of Health and Human Services, responsible for the Medicare and Medicaid programs. Washington State 5 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 V VI.0 I9 fl Cl L/.• -t 1 000-LJr»-+O L.-vl.r c-v ou for r JTH. C.F.R." means the Code of Federal Regulations. All references in this Contract to C.F.R. chapters or sections include any successor, amended, or replacement regulation. The C.F.R. may be accessed at http://www.eC.F.R..gov/cqi-biniEC.F.R.?page=browse. Client" means an individual who is eligible for or receiving services through HCA program(s). Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or other federal or state laws. Confidential Information comprises both Category 3 and Category 4 Data as described in Attachment 4, Section 3 Data Classification, which includes, but is not limited to, Personal Information and Protected Health Information. For the purposes of this Contract, Confidential Information means the same as "Data". Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. Contract Administrator" means the HCA individual designated to receive legal notices and to administer, amend, or terminate this Contract. Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the activities conducted under this Contract. Contractor" means Jefferson County Sheriff's Office DBA Jefferson County Jail, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. Covered Entity" has the same meaning as defined in 45 C.F.R. 160.103. Data" means information produced. furnished, acquired, or used by Contractor in meeting requirements under this Contract. Confidential Information, Personal Information, and Protected Health Information are all considered Data for the purposes of this Contract. Data Breach" means the acquisition. access, use, or Disclosure of Data in a manner not permitted under law or by this Contract, including but not limited to the HIPAA Privacy Rule which compromises the security or privacy of the Protected Health Information, with the exclusions and exceptions listed in 45 C.F.R. 164.402. Designated Record Set" means a group of records maintained by or for a Covered Entity, that is: the medical and billing records about individuals maintained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or used in whole or part by or for the Covered Entity to make decisions about individuals. Disclosure" means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information. Washington State 6 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 LIUUuJ1y11 G L U I UtJ 101 rJJ•Yt Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. Electronic Protected Health Information" or "ePHI" means Protected Health Information that is transmitted by electronic media or maintained in any medium described in the definition of electronic media at 45 C.F.R. § 160. 103. HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. HIPAA" means the Health Insurance Portability and Accountability Act of 1996, as codified at 42 USC 1320d-8, as amended, and its attendant regulations as promulgated by the U.S. Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services, the HHS Office of the Inspector General, and the HHS Office for Civil Rights. HIPAA inccudes the Privacy, Security, Breach Notification. and Enforcement Rules at 45 C.F.R. Part 160 and Part 164. Individual(s)" means the person(s) who is the subject of PHI and includes a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g). 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. Limited Data Set(s)" means a data set that meets the requirements of 45 C.F.R. §§ 164.514(e)(2) and 164.514(e)(3). Minimum Necessary" means the least amount of PHI necessary to accomplish the purpose for which the PHI is needed. Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. Permissible Use" means only those uses authorized in this Contract and as specifically defined herein. Washington State 7 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 UVt.ub,yI,Ct IVCIuw L-t)IOU I0,rJ.7YY Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses (including or excluding zip code). telephone numbers. social security numbers, driver's license numbers, credit card numbers, any other identifying numbers, and any financial identifiers. Proprietary Information" refers to any information which has commercial value and is either: (1) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future. and proposed products and services: or (2) non- technical information relating to products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans, and any other information which is proprietary and confidential. Contractor's Proprietary Information is information owned by Contractor to which Contractor claims a protectable interest under law. Protected Health Information" or "PHI" means information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past. present or future payment for provision of health care to an individual. 45 C.F.R. 160 and 164. PHI includes demographic information that identifies the individual or about which there is reasonable basis to believe, can be used to identify the individual. 45 C.F.R. 160.103. PHI is information transmitted, maintained, or stored in any form or medium. 45 G.F.R. 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended. 20 USC 1232g(a)(4)(b)(iv).. RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http:/iapps.leq.wa.govtrcwi. Regulation" means any federal, state, or local regulation, rule, or ordinance. 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 Attachment 1 hereto. Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform any duties that give rise to a business requirement to access the Data that is the subject of this Contract. 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 Contract under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. Washington State 8 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 VutUJly11 CI I vClupC L-u,Old l of r JJ'.`t USC" means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at httpaiiuscode.house.gov WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: a_ app.leq.wa.govlwac . 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of Contract; 3.1.2 Use of professional judgment: 3.1.3 Collaboration with HCA staff in Contractor's conduct of the services; 3.1.4 Conformance with HCA directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; 3.1.7 Regular, punctual attendance at all meetings: and 3.1.8 Provision of high-quality services. Prior to payment of invoices, HCA will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold payment if expectations are not met or Contractor's performance is unsatisfactory. 3. 2 TERM 3.2.1 The initial term of the Contract will commence on December 1, 2024, and continue through June 30, 2025, unless terminated sooner as provided herein. 3.2.2 Work performed without a contract or amendment signed by the authorized representatives of both parties will be at the sole risk of the Contractor. HCA will not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. Washington State 9 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 UVt,UJlyl I CIIVCIV$/Q IU.Y...l.YtivV0-ur Yl-41o,c-Jt.r1-V l Cu..)I0l rJJ .t 3.3 COMPENSATION 3.3.1 The parties have determined the cost of accomplishing the work herein will not exceed $179,073.00, inclusive of all fees, taxes, and expenses. Compensation for satisfactory performance of the work will not exceed this amount unless the parties agree to a higher amount through an amendment. 3.3.2 Contractor's compensation for services rendered will be in accordance with the terms outlined in Attachment 1, Statement of Work. 3.3. 3 Contractor travel reimbursement, if any, is included in the total compensation. Contractor travel reimbursement is limited to the then-current rules, regulations, and guidelines for State employees published by the Washington State Office of Financial Management in the Washington State Administrative and Accounting Manual (http:i/www.ofm.wa.gov/policyi10.htm); reimbursement will not exceed expenses actually incurred. 3.4 INVOICE AND PAYMENT 3.4.1 In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https:!/ofm.wa.qov/it- systems/statewide-vendorpayee-services/receiving-payment-state. 3.4.2 Invoices must describe and document to the HCA Contract Manager's satisfaction a description of the work performed, the progress of the project, and fees. All invoices and deliverables will be approved by the HCA Contract Manager prior to payment. Approval will not be unreasonably withheld or delayed. 3.4.3 If expenses are invoiced. invoices must provide a detailed breakdown of each type. Expenses of$50 or more must be accompanied by a receipt. 3.4. 4 Invoices must be submitted Cheisea.amato ahca.wa.QOV with the HCA Contract number in the subject line of the email. Invoices must include the following information, as applicable: Washington State 10 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 uvt.usyi C ive,pc IL).`t,-.L.r l.vvo-Vr'tt-YDVL_.-,r G-V IOL/iOf rJ 'W 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. Any available prompt payment discount. 3. 4.5 HCA will return incorrect or incomplete invoices for correction and reissue. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. 3.4.6 Upon expiration of the Contract. any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty (60) calendar days after the Contract expiration date. HCA is under no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the Contract expiration date Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. 3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The HCA Contract Manager has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. 3.5.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name:David Fortino Name:Chelsea Amato Washington State 11 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 UVI.UJIyI I GI IVCIVFIC IL/.Yl..li`L,wo-Vr Yr WUJC-,\.. L-V IOV 10t r-JJ-w Title: Chief of Corrections Title: MOUD in Jails Program Administrator Address: 81 Elkins Road 626 fr Ave SE Port Hadlock, WA 98339 Address: Olympia, WA 98504 Phone:360) 344-9743 Phone:360) 725-9592 Email: dfortinotc co.iefferson.wa.us Email: Chelsea.amatohca.wa.qov 3.6 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail. return receipt requested, to the parties at the addresses provided in this section. 3. 6.1 In the case of notice to the Contractor: Attention: David Fortino Jefferson County Sheriff's Office DBA Jefferson County Jail 81 Elkins Road Port Hadlock, WA 98339 dfortino(c co.tefferson.wa.us 3.6.2 In the case of notice to HCA: Attention: Contracts Administrator Health Care Authority Division of Legal Services Post Office Box 42702 Olympia, WA 98504-2702 contractsCa hca.wa.Qov 3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 3.6. 4 The notice address and information provided above may be changed by written notice of the change given as provided above. 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: Washington State 12 MOUD/MAUD in Jails Health Care Authority HCA Contract 4K8167 LJULU lyli U vCi4F/c U.tit.liv lJVV o-V r-rr+fp'G-7L,r t-v IOU 10,r.1DYY 3.7.1 Applicable Federal and State of Washington statutes and regulations; 3.7. 2 Recitals: 3.7.3 Special Terms and Conditions; 3.7.4 General Terms and Conditions; 3.7.5 Attachment 1: Statement(s) of Work; and 3.7.6 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3. 8 INSURANCE Contractor must provide insurance coverage as set out in this section. 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. Contractor must provide insurance coverage that is maintained in full force and effect during the term of this Contract, as follows: 3.8.1 Commercial General Liability Insurance Policy- Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than 1 million per occurrence/$2 million general aggregate. Additionally, Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of Subcontracts. 3.8.2 Business Automobile Liability. 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. The minimum limit for automobile liability is $1,000,000 per occurrence. using a Combined Single Limit for bodily injury and property damage. 3.8.3 Professional Liability Errors and Omissions— Provide a policy with coverage of not less than S1 million per claim/S2 million general aggregate. 3.8.4 Industrial Insurance Coverage Prior to performing work under this Contract, Contractor must provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an `employer" as defined in Title 51 RCW and must maintain full compliance with Title 51 RCW during the course of this Contract. Washington State 13 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 L/ul.0 Olyrl Ln vefuVC IU.•..I.Y I.Ju o-Vr Yr rMOJL-J%+,G-u IOV Io/r oJ.w 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee. the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement and at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports. including computer models and methodology for those models. 4.2 ACCESSIBILITY 4.2.1 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. 4.2.2 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. 4.2.3 REMEDIATION. If Contractor claims that its products or services satisfy the applicable requirements and standards specified in Section 4.2.1 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. 4.2.4 INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising out of failure to comply with this section. Washington State 14 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 LJuLu IyII cI IV IL)YODc-Dc.,,G-U IOV I0'r JyvY 4.3 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. 4.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.5 ASSIGNMENT 4.5.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.36. Subcontracting. without the prior written consent of HCA. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to HCA that may arise from any breach of the provisions of this Contract or warranties made herein, including, but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.5.1 of the Contract will be null and void. 4.5.2 HCA may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to Contractor. 4.5.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.6 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys' fees and costs. 4.7 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify HCA of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.8 CONFLICT OF INTEREST Contractor represents and warrants that it has not undertaken and will not undertake any work with third parties that will conflict with the work Contractor is performing for HCA Washington State 15 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 UVI.UJIyII GI IVCIUFlt ILO.I Old IO/rooYY under this Contract. In case of doubt, before commencing such activities, Contractor shall review areas of possible conflict with HCA and obtain HCA's written approval prior to commencing such activities. 4.9 CONFORMANCE If any provision of this Contract is in conflict with or violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 4.10 COVERED INFORMATION PROTECTION 4.10.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of HCA Proprietary Information or Confidential Information. For the purposes of this section, HCA Proprietary Information and Confidential Information are together referred to as Covered Information. 4.10.2 Nondisclosure and Non-Use Obligations. In the event of Disclosure of Covered Information to Contractor by HCA, Contractor agrees to: (1) hold Covered Information in strictest confidence and to take all reasonable precautions to protect such Covered Information (including, without limitation, all precautions the Contractor employs with respect to its own confidential materials); (2) not disclose any such Covered Information or any other information derived therefrom to any third party; (3) not make use of Covered Information for any purpose other than the performance of this Contract; (4) release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract; and (5) not release, divulge, publish. transfer, sell, disclose, or otherwise make the information known to any other party without HCA's express written consent or as provided by law. 4.10.3 Contractors that come into contact with Protected Health Information may be required to enter into a Business Associate Agreement with HCA in compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as amended by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400— 13424, H.R. 1 (2009) HITECH Act) and any other amendments (HIPAA). 4.10.4 HCA reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.10.5 The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. Washington State 16 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 uul.uJryi l Li I etU 1C IU.»\.l»Vvvo-ur»r-tO3C-,.. c-u r ov pot r J»V 4.11 CONTRACTOR'S PROPRIETARY INFORMATION Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, HCA will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information. HCA will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. 4.12 COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. HCA will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 4.13 DEBARMENT By signing this Contract, Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Contractor agrees to include the above requirement in any and all Subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Contractor must immediately notify HCA if, during the term of this Contract. Contractor becomes debarred. HCA may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 4.14 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between HCA and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties' Contract Managers, either party may initiate the following dispute resolution process. Washington State 17 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 C1tJUL niyi LU welvpc iu rL,L•.:V:U-vi -.,-'.0 o L-c,r.-. oL ., , .>,... 4.14.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the HCA Director review the dispute. Any such request from the initiating party must be submitted in writing to the HCA Director within five (5) Business Days after receiving the response of the responding party. The HCA Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The HCA Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.14.2 A party's request for a dispute resolution must: A. Be in writing; B. Include a written description of the dispute; C. State the relative positions of the parties and the remedy sought; and D. State the Contract Number and the names and contact information for the parties. 4.14.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. 4.15 ENTIRE AGREEMENT HCA and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 4.45, Warranties. 4.16 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.17 FUNDING WITHDRAWN, REDUCED, OR LIMITED If HCA determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions Washington State 18 MOUD/MAUD in Jails Health Care Authority HCA Contract#K8167 uuLuwyi I u rvCIWC w.YLnrt,uvO-urr,wool- I..rz-v i ou I0 i •.v are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then HCA, at its sole discretion, may: 4.17.1 Terminate this Contract pursuant to Section 4.40.3, Termination for Non- Allocation of Funds; 4.17.2 Renegotiate the Contract under the revised funding conditions: or 4.17.3 Suspend Contractor's performance under the Contract upon five (5) Business Days' advance written notice to Contractor. HCA will use this option only when HCA determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. A. During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. B. When HCA determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to HCA informing HCA whether it can resume performance and, if so, the date of resumption. For purposes of this subsection. written notice" may include email. C. If the Contractor's proposed resumption date is not acceptable to HCA and an acceptable date cannot be negotiated, HCA may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. 4.18 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. Nothing in this Contract will be construed as a waiver by HCA of the State's immunity under the 11 Amendment to the United States Constitution. 4.19 HCA NETWORK SECURITY Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the HCA Network without prior written authorization from HCA's Chief Information Officer. Unauthorized access to HCA networks and systems is a violation of HCA Policy and constitutes computer trespass in the first degree pursuant to RCW Washington State 19 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 vwUSlyu CI IV IV t toac-,L_,rt-v I0LJ 101 r 9A.90.040. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the HCA visitor Wi-Fi Internet connection while on site. 4.20 INDEMNIFICATION The Contractor shall defend, indemnify and hold HCA, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries. damages, losses or suits, including all legal costs and attorneys' fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of HCA. HCA's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and HCA. its officers, officials, employees, agents and Volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. Contractor and its employees or agents performing under this Contract are not employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer or employee of HCA or of the State of Washington by reason hereof, nor will Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 4.22 LEGAL AND REGULATORY COMPLIANCE 4.22.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.22.2 While on the HCA premises, Contractor must comply with HCA operations and process standards and policies (e.g., ethics, Internet i email usage, data, network and building security, harassment, as applicable). HCA will make an electronic copy of all such policies available to Contractor. 4.22.3 Failure to comply with any provisions of this section may result in Contract termination. Washington State 20 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 VVA.UJIyII LIIVelUpC IOW 101 r JJYV 4.23 LIMITATION OF AUTHORITY Only the HCA Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the HCA Authorized Representative. 4.24 NO THIRD-PARTY BENEFICIARIES HCA and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. 4.25 NONDISCRIMINATION 4.25.1 Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3): Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.: the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., and 28 C.F.R. Part 35. In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. 4.25.2 Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 4.25.3 Default. Notwithstanding any provision to the contrary, HCA may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until HCA receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor. or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), HCA may terminate this Contract in whole or in part. and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 4.25.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties Washington State 21 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 1-/L,U.1y11 aIV Iupc t.-z L.rc-v IOV ' imposed under Chapter 49.60, RCW. HCA shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due. an amount for damages Contractor or subcontractor will owe HCA for default under this provision. 4.26 OVERPAYMENTS TO THE CONTRACTOR In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor will refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, HCA may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this section. then it may invoke the dispute resolution provisions of Section 4.14, Disputes. 4.27 PAY EQUITY 4.27.1 Contractor represents and warrants that, as required by Washington state law Engrossed Substitute Senate Bill 5187. Sec 919 (2023 session), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.27.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or (v) a bona fide regional difference in compensation levels. 4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience. that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. 4.27.4 A "bona fide regional difference in compensation level' must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty 30) Days of HCA's request for such evidence, HCA may suspend or terminate this Contract. Washington State 22 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 LJVI.0,I9I!LnVCIVpC 1ov 10/ 4.28 PUBLICITY 4.28.1 The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and must not be so construed by Contractor in any advertising or other publicity materials. 4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print. voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. 4.29 RECORDS AND DOCUMENT REVIEW 4.29.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 C.F.R. 431, Subpart Q; and 42 C.F.R. 447.202]. 4.29.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. 4.29.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.30 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive but are in addition to all other remedies available under law. 4.31 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to HCA, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal Washington State 23 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 VVI.uSiyll Cl ivciupC U.YL.I.rYV VVO-VI MI-`DC-a..r CV IDU IO/rJJM' government, at all reasonable times. in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.32 RIGHTS IN DATA/OWNERSHIP 4.32.1 HCA and Contractor agree that all data and work products produced pursuant to this Contract (collectively 'Work Product") will be considered a "work made for hire"as defined under the U.S. Copyright Act of 1976 and Title 17 U.S.C. §101 et seq, and will be owned by HCA. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes. and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. 4.32.2 If for any reason the Work Product would not be considered a "work made for hire"under applicable law, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.32.3 Contractor will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. 4.32.4 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of HCA. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 4.32.5 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 4.32.6 Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise HCA of any and all known or potential infringements of Washington State 24 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 l.,,UJryII LI IVCRJJC IL).' .YVJLV-V; Yr-yU JL-J'' L-1, OU.i Jr I )-y publicity. privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 4.33 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.34 SITE SECURITY While on HCA premises, Contractor, its agents. employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. HCA reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 4.35 SUBCONTRACTING 4.35.1 Neither Contractor, nor any Subcontractors, may enter into Subcontracts for any of the work contemplated under this Contract without prior written approval of HCA. HCA has sole discretion to determine whether or not to approve any such Subcontract. In no event will the existence of the Subcontract operate to release or reduce the liability of Contractor to HCA for any breach in the performance of Contractor's duties. 4.35.2 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any Subcontracts. 4.35.3 If at any time during the progress of the work HCA determines in its sole judgment that any Subcontractor is incompetent or undesirable. HCA will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.35.4 The rejection or approval by the HCA of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to HCA. Washington State 25 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 vuuuaiyu ci rvctupc 4o,yc-,._,r L-.,i ov ro,,J ti 4.35.5 HCA has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. 4.36 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. In addition, the terms of the sections titled Covered Information Protection, Contractor's Proprietary Information, Disputes, Overpayments to Contractor, Publicity. Records and Documents Review, Rights in Data/Ownership, will survive the termination of this Contract. The right of HCA to recover any overpayments will also survive the termination of this Contract. 4.37 TAXES HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder. Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, other taxes based on Contractor's income or gross receipts. or personal property taxes levied or assessed on Contractor's personal property. HCA, as an agency of Washington State government, is exempt from property tax. Contractor must complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Contract. 4.38 TERMINATION 4.38.1 Termination for Default In the event HCA determines that Contractor has failed to comply with the terms and conditions of this Contract, HCA has the right to suspend or terminate this Contract. HCA will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. HCA reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by HCA to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a Termination for Convenience." Washington State 26 MOUDiMAUD in JailsHealthCareAuthorityHCAContract#K8167 LJul.0 Jlyl l CI!vtlupt III.Yl.rl, 1_,1JV0-IJr., .tOJ L'Jlrr c-V IOIJ W I rUJ'w 4.38.2 Termination for Convenience When, at HCA's sole discretion, it is in the best interest of the State, HCA may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice. If this Contract is so terminated, HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.3 Termination for Nonallocation of Funds If funds are not allocated to continue this Contract in any future period, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.4 Termination for Withdrawal of Authority In the event that the authority of HCA to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion. HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such withdrawal of authority at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.5 Termination for Conflict of Interest HCA may terminate this Contract by written notice to the Contractor if HCA determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated. HCA will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. 4.39 TERMINATION PROCEDURES 4.39.1 Upon termination of this Contract, HCA, in addition to any other rights provided in this Contract, may require Contractor to deliver to HCA any property specifically Washington State 27 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 UUU Iyu a 14culVc iu. v,,•r o-r.,--ron-5i.r c i uu c ur r Jyyy produced or acquired for the performance of such part of this Contract as has been terminated. 4.39.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed work and services accepted by HCA and the amount agreed upon by the Contractor and HCA for (i) completed work and services for which no separate price is stated; (ii) partially completed work and services; (iii) other property or services that are accepted by HCA; and (iv) the protection and preservation of property, unless the termination is for default, in which case HCA will determine the extent of the liability. Failure to agree with such determination will be a dispute within the meaning of Section 4.14, Disputes. HCA may withhold from any amounts due the Contractor such sum as HCA determines to be necessary to protect HCA against potential loss or liability. 4.39.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: A. Stop work under the Contract on the date of, and to the extent specified in, the notice; B. Place no further orders or Subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to HCA, in the manner, at the times, and to the extent directed by HCA, all the rights, title, and interest of the Contractor under the orders and Subcontracts so terminated; in which case HCA has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and Subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and Subcontracts, with the approval or ratification of HCA to the extent HCA may require. which approval or ratification will be final for all the purposes of this clause: E. Transfer title to and deliver as directed by HCA any property required to be furnished to HCA; F. Complete performance of any part of the work that was not terminated by HCA; and G. Take such action as may be necessary, or as HCA may direct, for the protection and preservation of the records related to this Contract that are in the possession of the Contractor and in which HCA has or may acquire an interest. Washington State 28 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 LIV1,uwyl I CI IVCIUF/C IV.YLA.n'VVU-vrri-Yo7C-DL,r c-u IOv IQ,r jV•+ 4.40 TRANSITION OBLIGATIONS Contractor must provide for reasonable transition assistance requested by HCA to allow for the expired or terminated Contract, in whole or in part, to continue without interruption or adverse effect. and to facilitate the orderly transfer of such services to HCA or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and conditions of this Contract, except for those terms or conditions that do not reasonably apply to such transition assistance. 4.41 TREATMENT OF ASSETS 4.41.1 Ownership HCA shall retain title to all property furnished by HCA to Contractor under this Contract. Title to all property furnished by 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 Contractor, shall pass to and vest in HCA upon delivery of such property by Contractor. Title to other property, the cost of which is reimbursable to 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. 4.41.2 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. 4.41.3 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. Washington State 29 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 vvu ayi:LI ivoivpr iu.,v.,uvo-ur ti,-vu n.- o.r c-'wu 4.41.4 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. 4.41.5 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 expected. Contractor shall surrender to HCA all property upon the earlier of expiration or termination of this Contract. 4.42 WAIVER Waiver of any breach of any term or condition of this Contract will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Contract will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the HCA Authorized Representative has the authority to waive any term or condition of this Contract on behalf of HCA. 4.43 WARRANTIES 4.43.1 Contractor represents and warrants that its services will be of professional quality and will be rendered in accordance with prevailing professional standards and ethics. Services performed by Contractor under this Contract shall be conducted in a manner consistent with the level of care and skill standard to the industry. Contractor agrees to immediately re-perform any services that are not in compliance with this representation and warranty at no cost to HCA. 4.43.2 Contractor represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 4.43.3 EXECUTIVE ORDER 18-03 —WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents and warrants that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.43.4 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms Washington State 30 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 VV{d/D4 .I Giivcivj t IV. on rue-.-, of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time: and (ii) any warranty or representation made by Contractor to HCA or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence HCA to enter into this Contract. Washington State 31 MOUD/MAUD in JailsHealthCareAuthorityHCAContract#K8167 uwua1yi I Li I VCIUNc i-rovC_-oL,r c-v IOU 10rr Jr*.. ATTACHMENT 1: STATEMENT OF WORK 1. Purpose Support a comprehensive treatment program for incarcerated individuals with Opioid Use Disorder (OUD) and Alcohol Use Disorder (AUD), beginning with screening upon entry and ending with seamless transition to the care in the community, with use of Medications for Opioid Use Disorder (MOUD) and Medications for Alcohol Use Disorder (MAUD) at its core. This program contract supports RCW 71.24.599. Opioid use disorder—City and county jails—Funding. twa.gov). Health Equity - This program also intends to address inequities in treatment and recovery services by providing medically necessary treatment to incarcerated individuals. The Contractor should understand cultural barriers and provide culturally appropriate services. Additionally, this program intends to identify stigma and educate to ensure ongoing collaboration and openness to change. 2. Work Expectations The Contractor shall ensure funds are responsibly used towards the OUD and AUD treatment programs in the jail and provide the community standard of care, including, at a minimum, the following core components: 2.1. General Standards. 2.1.1. 2020 ASAM National Practice Guideline for the Treatment of Opioid Use Disorder: 2.1.2. Guidelines for Manaqinq Substance Withdrawal in Jails; 2.1.3. For American Indian/Alaska Native (Al/AN) program participants receiving MOUD/MAUD Services, the Contractor's tribal liaison or designee, shall coordinate with the program participant's Indian Health Care Provider (IHCP) to ensure the IHCP can participate in treatment and discharge planning, including continuity of care in the nearest IHCP clinically appropriate setting for all Al/AN program participants. 2.2. Intake. The Contractor shall: 2.2.1. Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. 2.2.2. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need (documented in the individual's medical record) with the exceptions listed below: 2.2.2.1. Injectable long-acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. Washington State 32 HCA Contract#K8167HealthCareAuthority Attachment 1 uvuuwyii C'rvciupc w.Iuu io ruo-a 2.2.2. 2. Injectable long-acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted. 2. 2.2.3. Oral buprenorphine may be converted among the three formulations (film, tablet with naloxone, tablet without naloxone). 2.2. 2.4. If the individual is not pregnant, methadone may be transitioned to buprenorphine if the jail is not a licensed Opioid Treatment Program (OTP) and the nearest OTP is not within reasonable driving distance from the jail or there is no OTP within reasonable distance of the individual's release residence. 2. 2. 2.5. Though MOUD/MAUD may not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances, administration of the community-based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug-drug interaction. 2.2.3. Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake. 2.2. 4. Screen for OUD and AUD without physical dependence (i.e. without a risk of acute withdrawal) after intake, as long as the delay does not impair the ability to begin treatment prior to release. 2.2.5. Offer initiation of MOUD treatment to individuals who are physically dependent on opioids. 2.2.6. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD, during incarceration, and upon release. 2. 2.7. Make available and offer treatment for OUD using some formulation of methadone, buprenorphine, and naltrexone based on a mutually agreed-upon plan between the prescriber and the individual, with the following exceptions or caveats: 2. 2.7.1. The jail may decline to offer methadone if the jail is not a licensed OTP, and the nearest OTP is not within reasonable driving distance from the jail or there is no OTP within reasonable distance of the individual's release residence. 2.2. 7.2. If there is no available buprenorphine provider in the community to which the individual will release, the Jail must still offer buprenorphine (tapered over several days) if opioid withdrawal is clinically indicated. 2.2.7.3. If withdrawal is not clinically indicated and the only reason for considering discontinuation of buprenorphine is the lack of an available buprenorphine provider in the community to which the individual will release, a decision whether or not— or when —to Washington State 33 HCA Contract#K8167HealthCareAuthority Attachment 1 vtn.ualyn CI I VCIV1IC IIJ.YVI.Y IaJV-Vf.,,-tO C-5..c- v Iuv discontinue buprenorphine prior to release should be made based on a plan mutually agreed -upon between the individual and the prescriber based on the length of time the individual is expected to remain in the jail, the risks of opioid misuse or overdose during the incarceration, and the individual's willingness to receive a dose of an extended release injectable buprenorphine just prior to release that will provide the individual a safe tapered withdrawal in the community if no provider is available. 2.2.7.4. Provide naltrexone in oral formulation while the individual is incarcerated. Offer injectable long-acting naltrexone or buprenorphine as an option prior to release. 2.2.7.5. Offer oral buprenorphine without naloxone while the individual is incarcerated but must discharge the individual on a formulation of buprenorphine with naloxone unless there is a clinical reason not to do so (e.g., the individual is discharged on injectable buprenorphine, the individual is allergic to naloxone). 2.2.8. Contractor shall not facilitate forced opioid withdrawal (including withdrawal using a tapering dose of buprenorphine or methadone) unless the individual provides an informed refusal of treatment or the individual elects MOUD treatment with naltrexone, in which case withdrawal is clinically required. 2. 2.8.1. In such case, Contractor may use other medications (clonidine, anti-emetics, anti-diarrheals, analgesics) in place of buprenorphine or methadone if the individual so chooses or as adjuncts to these medications, but they may not be the only withdrawal treatment available. 2. 2.8.2. Initiation of buprenorphine or methadone, whether for induction of treatment or for withdrawal, may not be delayed for administrative reasons. e.g.. unavailability of a prescriber, beyond when they are clinically indicated to be started. 2.2.9. Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate. 2.2.10. Provide immediate evaluation to individuals at risk for, or in, opioid or alcohol withdrawal who refuse treatment by a medical or mental health prescriber or a licensed mental health professional at the masters' level or higher, to determine if they have decision-making capacity. If they do not, they must be transported to a community hospital and may not return to the jail until they are clinically safe to return to the jails AND have regained decision-making capacity. 2.3. During Incarceration. The Contractor shall: 2.3.1. Offer initiation of MOUD/MAUD to individuals with OUD/AUD not alreadyidentifiedand/or offered treatment at intake (e.g., individuals with OUD but Washington State 34 HCA Contract#K8167HealthCareAuthority Attachment 1 uv,uaiyn uwtIUic soac-a,.rc-u•auto,roue without physical dependence; individuals with AUD who underwent withdrawal). 2.3.2. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD, during incarceration, and upon release. 2.3.3. Administer methadone and buprenorphine daily or more frequently. 2.3.4. Contractor will not use alternate-day ("Balloon") dosing of buprenorphine. 2. 3.5. Offer counseling to individuals for their OUD and/or AUD disorder who are expected to remain in jail for longer than one month. 2.3.6. Provide MOUD/MAUD not contingent on the individual's willingness to participate in counseling. 2.4. Release. The Jail must accomplish the following prior to release: 2. 4.1. Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release or in the event of an unexpected release of an individual who needs continued treatment and services. 2.4.2. Provide at least two (2) doses of naloxone (e.g., Narcan®) or nalmefene Opvee®) and training on how to administer the medications to all individuals with OUD. 2.4.3. Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD. 2.4. 4. Provide - in hand, upon release, and at no cost to the individual - sufficient doses of MOUD and/or MAUD to bridge individual until scheduled follow-up appointment at community treatment facility (does not apply to individuals treated with injectable MOUD). A thirty (30) day supply is recommended. 2. 4.4.1. Inform individuals who are at risk of being released directly from court, prior to going to court, that they may request to be transported back to the jail by staff to receive these medications prior to going home. 2.4.4.2. In situations where an appointment cannot be made, e.g., after- hours bail-out, give the individual enough medication to last until the next available appointment at the community treatment facility. 2.4.4.3. In situations where medications cannot be provided upon release, e.g., unscheduled release at a time when medical staff are not present in the jail: 2.4.4.3.1. Inform the individual that they may either return to the jail in the morning to receive bridge medications: or Washington State 35 HCA Contract#K8167HealthCareAuthority Attachment 1 uul.0 Jlyll Lt./C.01.M IV.Y.1..4LrVV0-UU.t( tDc L-y.r c-V Iov 10/r 2.4.4.3.2. If no medical staff are present the following day, call in a prescription for the same bridging medication to a local pharmacy, at no cost to the individual. 2.4.5. Assist Medicaid-eligible individuals to sign-up with Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage. 2.4.6. For any individual with Medicaid coverage, work cooperatively with the individual's Managed Care Organizations (MCO) to facilitate re-entry, including but not limited to allowing the MCO's agent timely access to the facility and the individual. 2.5. Contract Management. The Contractor shall: 2.5.1. Ensure specific tools, such as job descriptions, policies and procedures, and statements of work, are developed, and staff are adequately trained, to ensure consistent and appropriate practice. 2.5.2. Attend monthly meetings with HCA Division of Behavior Health and Recovery DBHR) program administrator to discuss project contract requirements, compliance, and problem-solving. Attend additional meetings as required or deemed necessary by the HCA DBHR program administrator. 2.5.3. Contractor will cooperate with periodic site visits by the HCA DBHR program administrator or designee and make all relevant records and personnel available. 2. 6. Activities. 2.6.1. Contractor shall expand their current MOUD program and will meet the standard of care listed in Section 2, by doing the following: 2.6.1. 1. Increase on-call provider time to ensure seamless service delivery and timely care. 2.6.1.2. A case manager will coordinate intake processes, transportation, and reentry planning, ensuring continuity of care from jail to the community. 2.6.1.3. Offer long-acting injectable buprenorphine with increased RN time to dose. 3. Reports. 3.1. Monthly Progress Reports. Reports shall include, but not limited to, the following: 3.1.1. How funding is being spent. 3.1.1.1. Prioritize funding towards efforts to sustain the MOUD/MAUD program. Washington State 36 HCA Contract#K8167HealthCareAuthorityAttachment1 lii. .UJI911 Li ivttvp/G IV.4VVYtiVVo-vrtir-,tOL- .r -u Iov for rJyY`. 3.1.1.2. Budget updates. 3.1.2. Program details. 3.1.2.1. All components of the standard of care must be met. 3.1.2.2. Share barriers and successes. 3.1.2.3. Technical assistance. 3.1.2. 4. Training participation. 3.1.2.5. Staff changes. 3.1.2.6. Additional information as needed. 3.1.3. Ongoing Staff Training 3.1.3.1. Name(s) and date(s) of conference(s) or training event(s) that pertain to MOUD or MAUD in a jail setting or otherwise deemed appropriate. 3.1.3. 2. Program staff attendance for each conference or training event. 3.2. Monthly Data Collection Spreadsheet. 3.2.1. The Contractor shall provide the data spreadsheet, filled out completely with Section 3.2.3 below, using the template provided by HCA and shared via the Managed File Transfer (MFT) portal. 3.2.2. The Contractor's participation requires performance monitoring activities, including timely and accurate data reporting to the HCA DBHR. Further evaluation, including on- and off-site data collection may be conducted by HCA DBHR or a third party. 3.2.3. The Contractor shall submit a monthly report, template provided by HCA DBHR, by the 10th day of the month with the following participant information, (identified as having a current OUD), for the previous month: 3.2.3.1. Full name. 3.2.3.2. Date of birth. 3.2.3.3. Provider One #, SSN or another unique identifier. 3.2.3.4. Date of booking. 3.2.3.5. Date MOUD started: continued or induction? 3.2.3.6. Date of release if applicable. Washington State 37 HCA Contract#K8167HealthCareAuthorityAttachment1 v WLwryu c uvcILp rv.-,,-.,vvo-vr-.r-vuor--,rc'c uu 3.2.3.7. Schedule first appointment upon release. 3.2.3.8. Which MOUD provided upon release. 3.2.4. Information will be collected via the MFT. It may be shared with The Department of Social and Health Services Research Data and Analysis RDA) division for evaluation purposes. 4. Allowable expenses. The following is a list of allowable expenses. Contractor shall submit items not on this list to HCA Contract Manager for approval before purchasing. 4.1. Program Staff. 4.1.1. Nursing. 4.1.2. Medical assistants. 4.1.3. Providers, prescribers. 4.1.4. Correctional staff. 4.1.5. Clerical or administrative staff for program reporting and administration. 4.1.6. Care navigators, reentry coordinators, peer support, substance use disorder professionals, community health workers. 4.2. MOUD/Medications. 4.2.1. Medications for opioid use disorder (MOUD) FDA approved buprenorphine, this can include long-acting injectable buprenorphine), methadone and naltrexone. 4.2.2. FDA approved medications for alcohol use disorder (MAUD). 4.2.3. Naloxone for jail and staff. 4.3. Program Supplies. 4.3.1. Technology: 4.3.1. 1. Tablets. 4.3.1.2. Phones. 4.3.1.3. Security. 4.3.1.4. Internet/wi-fi enhancements to allow for telehealth. 4.3.1.5. Other supplies approved by HCA Contract Manager prior to purchase. 4.3.2. Program Staff Office Needs: Washington State 38 HCA Contract#K8167HealthCareAuthorityAttachment1 Vul.uDlylI GI Ivciwc YI-4ODG-Ul,.f h-U ICV 1Of rqy.... 4.3.2.1. Desk. 4.3.2.2. Chair, 4.3. 2.3. Computer. 4.3.2.4. Phone. 4.4. Release and Reentry. 4.4.1. Transportation for program participants upon release to first appointment, pick up prescription, safe place, etc. 4.4.2. Release kit items such as: 4.4.2.1. Naloxone. 4.4.2. 2. Gift cards. 4.4.2.3. Clothing, shoes. 4.4. 2.4. Personal hygiene items. 4.4.2.5. Phones. 5. Deliverables Table. December 1, 2024—June 30,2025 Description Due Date 1 Cost Reimbursement Monthly max 1 Monthly Progress Report December 2024-May 2025: the 10t day of the month following each month of service Monthly cost June 2025: With final invoice reimbursement not to 2 Monthly Data Collection December 2024-May 2025: the exceed $11,628 per Spreadsheet 10th day of the month following month each month of service June 2025: With final invoice Subtotal 162,792 Indirect Cost (10%) 16,281 Total Maximum Cost Reimbursement 179,073 Washington State 39 HCA Contract#K8167 Health Care Authority Attachment 1 615 Sheridan Street Port Townsend, WA 98368 c9efehson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh D. Peters, County Administrator FROM: Apple Martine, Jefferson County Public Health Director Bonnie Obremski, Intellectual and Developmental Disabilities (IDD) Coordinator DATE: Cjiit i 5 t 2 u2 SUBJECT: Agenda item — Five (5) Subrecipient Agreements between Jefferson County and regional entities for services that increase the accessibility of a variety of public resources throughout the county; 1-year terms beginning 05/12/2026. Total sum of all 5 agreements: $30,151.96. STATEMENT OF ISSUE: Jefferson County Public Health, Intellectual and Developmental Disabilities Program, requests Board approval of 5 (five) agreements between the County and the following subrecipients: City of Port Townsend 4,749.49); Disabled Hikers ($6,500); Jefferson County Historical Society ($3,250); Peninsula Trails Coalition 5,742.98); Port Townsend School District ($9,909.49). ANALYSIS/STRATEGIC GOALS/PROS and CONS: The Jefferson County Accessible Community Advisory Committee (ACAC), managed by the Jefferson County IDD Coordinator, partnered with a statewide committee to disperse state funds dedicated to improving the accessibility of public resources. As a result of that partnership, the Washington State Employment Security Department (ESD) entered into five concurrent agreements with Jefferson County on 05/12/2026 to dispense those funds to these five subrecipients. FISCAL IMPACT/COST BENEFIT ANALYSIS: The agreements with these five subrecipients will be funded through Jefferson County's concurrent five agreements with the Washington State ESD. RECOMMENDATION: JCPH management requests approval of these agreements. REVIEWED BY: 0/2*, Josh . Peters, County Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community DD-26-026,027,028.029,030 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Historical Society Contract No: DD-26-028 Contract For: ADA Chair for JeffCo Museum Art&History Term: 5-12-2026 - 1 year COUNTY DEPARTMENT: Public Health Contact Person: Bonnie Obremski Contact Phone: x410 Contact email: Bonnie0@co.jefferson.wa.us AMOUNT: $3,250.00 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $3,250.00 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# 127 RFP or RFQ Munis Org/Obj 12768093 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPL E WI CC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: I — j N/A: May 18, 2026 Glenn Gilbert Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: N/A: f May 18, 2026 Glenn Gilbert Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 5/22/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/22/2026. DPA Luther approved on 05/22/2026 STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 SUBRECIPIENT AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY HISTORICAL SOCIETY This Subrecipient Agreement ( Agreement) is made and entered into between Jefferson County (the County) and Jefferson County Historical Society (Subrecipient) for the purpose of dispensing funds associated with the Accessible Communities Advisory Committee funding to the County via the Washington State Employment Security Department (ESD) in Contract No. K9070 (Agency Contract). IT IS AGREED UPON BY THE PARTIES AS FOLLOWS: A. INTENT OF THE PARTIES 1) It is the intent of the County to dispense funds to Subrecipient for the project described in the Statement of Work described in Exhibit A and for the amount described in Budget in Exhibit B of the Agency Contract. 2) It is the intent of Subrecipient to accept funds for the purpose of completing the work for the project described in the Statement of Work for the Budget in Exhibit B of the Agency Contract without any additional contribution by the County. B. TERM OF THIS AGREEEMENT The term of this Agreement shall be from the Effective Date until one year from the date execution of the Agency Contract [05/12/2027], unless modified by the County and ESD. The Effective Date shall be the date upon which this Agreement is signed by all parties. C. TERMINATION 1) Should a party default in providing services under this Agreement or materially breach any of its provisions,the other party may terminate this Agreement upon ten(10)days written notice.A party shall have the right and opportunity to cure any such material breach within the ten(10)day period. 2) The County may terminate this Agreement upon immediate notice to Subrecipient in the event that the funding for the project ceases or is reduced in amount. Subrecipient will be reimbursed for services expended up to the date of termination. 3) This Agreement may be terminated without cause at any time by either party subject to a sixty(60) day advance written notice of such termination to the other party. 4) Termination of this Agreement, pursuant to the processes described herein shall not constitute a breach of this Agreement. Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 1 of 19 DD-26-028 D. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations: 1) Subrecipient shall fulfill all the requirements of the Agency Contract, attached as Appendix A, the terms and conditions of which are incorporated by references into this Agreement. The requirements of the Agency Contract,include but are not limited to,performance of all work listed in the scope of work (Exhibit A). For the avoidance of doubt, Subrecipient understands and agrees that it shall furnish all the necessary personnel,material,equipment or services and shall otherwise do all things necessary for incidental to the performance of the work and the full completion of the project described in Exhibit A to the Agency Contract. Failure to comply with any requirement of the Agency Contract shall constitute material breach of this Agreement. 2) The payments for the work the project described in Exhibit A of the Agency Contract shall be made by ESD pursuant to the Agency Contract, as limited to the amounts listed in Exhibit B of the Agency Contract, unless modified by ESD and the County. Subrecipient understands and agrees that payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. 3) Subrecipient shall submit invoices to the County in a manner that satisfies the County's billing procedure requirements in section 6 of the Agency Contract. In addition: a) Subrecipient shall submit invoices to the County by the 10th of the month for the previous month's expenses. Such invoices will be checked by the County, and upon approval thereof,payment will be made to Subrecipient in the amount approved. b) Subrecipient shall submit invoices to publichealthap@cojefferson.wa.us. 4) Subrecipient shall provide the County with quarterly status report(s) on the updated performance of the work, consistent with the reporting requirements in section 7 of the Agency Contract. Quarterly status reports to the County shall be provided by Subrecipient on or before the 15th day of March, June, September and December. 5) Subrecipient shall comply with the requirements in section for Records, Documents and Review contained in section 17 of the Agency Contract as if it were the County. 6) Subrecipient shall comply with all state and federal requirements regarding the confidentiality of participant records. 7) Subrecipient shall have written policies regarding sexual harassment and non-discrimination(said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). 8) Subrecipient shall have a grievance policy that: a) Negotiates conflicts and advises participants of grievance procedures; b) Is explained to participants; Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 2 of 19 c) Prohibits retaliation for using the grievance process; d) Includes a non-retaliation statement; e) Assures that advocates are available and encourages participants to bring advocates to help negotiate; f) Includes a mediation process that promotes the use of someone who is unaffected by the outcome if conflicts remain unresolved; and, g) Includes a process for tracking and reporting grievances. 9) Subrecipient shall comply with all applicable federal, state and local regulations. 10) Subrecipient shall comply with all the policies of the Jefferson County department managing this Agreement. E. DEBARMENT By signing this Agreement, Subrecipient certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Subrecipient agrees to include the above requirement in any and all subcontracts into which it enters,and also agrees that it will not employ debarred individuals. Subrecipient must immediately notify the County if, during the term of this Agreement, Subrecipient becomes debarred. The County may immediately terminate this Agreement by providing Subrecipient written notice,if Subrecipient becomes debarred during the term of this Agreement. F. FUNDING WITHDRAWN, REDUCED OR LIMITED If the County determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn,reduced or limited,or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement,then the County, at its sole discretion, may: (1) Terminate this Agreement; (2) Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend Subrecipient's performance under this Agreement upon five 5) business days' advance notice to Subrecipient, if the County determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow Subrecipient's performance to resume prior to the normal completion date of this Agreement. Nothing in this section shall have the effect of limiting or preventing the County from executing any remedy set forth at 2 CFR§ 200.339 or any other federal regulation governing the dispensation of grant funding, if applicable. G. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT If overpayments or erroneous payments have been made to Subrecipient under this Agreement,the County will provide notice to Subrecipient and Subrecipient shall refund the full amount of the overpayment within thirty (30)calendar days of the notice. If Subrecipient fails to make timely refund,the County may charge Subrecipient one percent(1%)per month on the amount due, until paid in full. Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 3 of 19 H. RECORDS AND DOCUMENTS REVIEW 1) Subrecipient shall maintain books,records,documents,magnetic media,receipts,invoices or other evidence relating to this Agreement and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. At no additional cost, these records, including materials generated under this Agreement, are subject at all reasonable times to inspection, review, or audit by the Agency, the Office of the State Auditor, and state and federal officials so authorized by law,rule,regulation,or agreement[See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B);42 USC 1396a(a)(42(A);42 CFR 431,Subpart Q;and 42 CFR 447.202]. 2) Subrecipient shall retain such records for a period of six (6) years after the date of final payment under this Agreement. 3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY 1) Subrecipient shall immediately report to the County any failure to perform under this Agreement. 2) Along with every request for reimbursement under this Agreement, Subrecipient shall submit a Monitoring Certification using the form attached hereto as Appendix B for purposes of the County performing the risk assessment of Subrecipient and compliance monitoring of this Agreement that is required of the County by the Agency. J. GENERAL TERMS AND CONDITIONS 1) Subrecipient's relation to the County shall at all times be that of independent Subrecipient.Any and all employees of Subrecipient,or other persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall be considered employees of Subrecipient only, and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of Subrecipient. 2) Subrecipient shall obtain and keep in force during the terms of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48:05 RCW: a) Worker's compensation and employer's liability insurance. Subrecipient will participate in the Worker's Compensation and Employer's Liability Insurance Program as may be required by the State of Washington; b) Commercial Automobile Liability or Business Use Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$1,000,000 each occurrence with the County named as an additional insured in connection with Subrecipient's performance of this Agreement. Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 4 of 19 c) Insurance. Recipient shall maintain commercial general liability coverage in a form acceptable to Jefferson County Risk Management for bodily injury, personal injury, and property damage,with a limit in the amount of at least one million dollars($1,000,000.00) per occurrence, for bodily injury, including death, and property damage. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i) Broad Form Property Damage, with no employee exclusion. ii) Personal Injury Liability,including extended bodily injury. iii) Broad Form Contractual/Commercial Liability - including completed operations. iv) Premises- Operations Liability(M&C). v) Independent Contractors and Subrecipients. vi) Blanket Contractual Liability. 3) All employees or subcontractors of Subrecipient who are required to be professionally certified by the State in the performance of services under this Agreement shall maintain professional liability insurance/error and omissions liability insurance in the amount of not less than one million dollars 1,000,000). In no case shall such professional liability to third parties be limited in any way. 4) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall comply with the same insurance requirements that Subrecipient is required to meet. 5) It shall be the responsibility of Subrecipient to ensure that any and all persons engaged in the performance of any work or service required of Subrecipient under this Agreement shall comply with the terms and conditions set forth in the Agency Contract at Appendix A. Failure of any persons engaged by Subrecipient in the performance of any work or service required by Subrecipient under this Agreement, whether such person or entity is an employee, subcontractor, independent contractor, or volunteer of Subrecipient,to comply with the requirements set forth in Agency Contract shall constitute material breach of this Agreement as if Subrecipient had caused the breach directly. 6) Failure of a subcontractor to perform is no defense to a breach of this Agreement. Subrecipient assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of this Agreement. Subrecipient must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The head of the County department primarily responsible for overseeing Subrecipient's performance under this Agreement or that department head's designee must approve any proposed subcontractors in writing. Any dispute arising between Subrecipient and any subcontractors or between any subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the delivery of contracted goods or services. 7) Failure on the part of Subrecipient to maintain the insurance as required shall constitute a material breach of contract upon which the County may, after giving five working days' notice to Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 5 of 19 Subrecipient to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the County on demand, or at the sole discretion of the County, offset against funds due Subrecipient from the County. 8) All cost for insurance shall be considered incidental to and included in the unit contract prices and no additional payment will be made. 9) Excepting the Workers Compensation insurance and any professional liability insurance secured by Subrecipient,the County will be named on all certificates of insurance as an additional insured. Subrecipient shall furnish the County with verification of insurance and endorsements required by this Agreement. The County reserves the right to require complete,certified copies of all required insurance policies at any time. 10) All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Subrecipient shall submit a verification of insurance as outlined herein within 14 days of the execution of this Agreement to the County. All insurance policies obtained by Subrecipient shall be primary to any equivalent or applicable policies held by the County. All insurance policies obtained by Subrecipient shall include a waiver of subrogation rights. Any self- insured retention, deductible or risk retention maintained, or participated in, by the County coverage for third-party liability claims provided to the county, shall be excess and shall be non- contributory to the insurance policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract. All policies provided by Subrecipient in order to comply with the insurance requirements of this Subcontract must be endorsed to show this primary coverage. 11) The County will pay no progress payments under this Agreement until Subrecipient has fully complied with this section. This remedy is not exclusive; and the County may take such other action as is available to them under other provisions of this Agreement, or otherwise in law. 12) Nothing in the foregoing insurance requirements shall prevent the County, at its option, from additionally requesting that Subrecipient deliver to the County an executed bond as security for the faithful performance of this Agreement and for payment of all obligations of Subrecipient. 13) It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 14) Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs.The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,subject to the venue provisions for actions against counties in RCW 36.01.050. 15) Subrecipient shall comply with the WA State Department of Labor and Industries Minimum Wage Act, chapter 49.46 RCW, acknowledging persons with disabilities participating in job assessments are not considered employees. Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 6 of 19 16) Subrecipient shall indemnify and hold the County,and its officers,officials,employees,agents and volunteers (and their marital communities)harmless from and shall process and defend at its own expense,including all costs,attorney fees and expenses relating thereto,all claims,demands,or suits at law or equity arising in whole or in part,directly or indirectly,from Subrecipient's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Subrecipient to indemnify the County and its officers, officials, employees, agents and volunteers and their marital communities)against and hold them harmless from claims,demands or suits based solely upon the conduct of the County,its officers,officials,employees,agents and volunteers(and their marital communities), and provided further that if the claims or suits are caused by or result from the concurrent negligence of: a) Subrecipient's agents or employees;and, b) The County, its officers, officials, employees, agents and volunteers (and their marital communities),this indemnity provision with respect to: (i)claims or suits based upon such negligence, or(ii)the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of Subrecipient's negligence or the negligence of Subrecipient's agents or employees. c) Subrecipient specifically assumes potential liability for actions brought against the County by Subrecipient's employees, including all other persons engaged in the performance of any work or service required of Subrecipient under this Agreement and, solely for the purpose of this indemnification and defense, Subrecipient specifically waives any immunity under the state industrial insurance law, title 51 RCW. Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. d) The provisions of this section shall survive the expiration or termination of this Agreement. 17) Subrecipient shall not discriminate against any person presenting themselves for services based on race, religion,color, sex, age, or national origin. 18) No portion of this Agreement may be assigned or subcontracted to any other individual,firm,or entity without the express and prior written approval of County. If the County agrees in writing that all or a portion of this Agreement may be subcontracted to a third-party,then any contract or agreement between Subrecipient and a third-party Subrecipient must contain all provisions of this Agreement and the third-party subcontractor must agree to be bound by all terms and obligations found in this Agreement. 19) This Agreement memorializes the entire agreement of the parties. No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement,promise or representation,expressed or implied,which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. Subrecipient is responsible for meeting all terms and conditions of this Agreement including standards of service,quality of materials and workmanship,costs,and schedules. Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 7 of 19 20) Subrecipient's employees shall not perform any of the work required in section A of the Agency Contract while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. 21) Any form of harassment, discrimination, or improper fraternization with any County employee or a participant is strictly prohibited. 22) No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different,or subsequent breach by either party. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 23) The terms of this Agreement are not severable. If any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be enforceable. 24) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 25) The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 26) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement,so long as all the parties execute a counterpart of this Agreement. 27) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 28) The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 29) Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, chapter 42.56 RCW (as may be amended),Subrecipient agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. Subrecipient also agrees that upon receipt of any written public record request, Subrecipient shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. 30) All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 8of19 mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Notices to Subrecipient shall be sent to the following address Jefferson County Historical Society Attn.: Tara McCauley, Executive Director 540 Water Street Port Townsend, WA 98368 Tara@jchsmuseum.com SIGNATURES FOLLOW ON THE NEXT PAGE) Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 9 of 19 ADOPTED THIS day of 2026 JEFFERSON COUNTY WASHINGTON JEFFERSON COUNTY HISTORICAL SOCIETY Board of County Commissioners Jefferson County, Washington By: By: Greg Brotherton, Signature Chair Name:Tara McCauley By: Title: Exec Director Heidi Eisenhour, 6/5/2026 Commissioner Date: By: Heather Dudley-Nollette, Commissioner SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: 11 1l" 05-22-2026 Jerem7 B.uther, Date Civil Deputy Prosecuting Attorney Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 10 of 19 APPENDIX-A AGENCY CONTRACT Docusign Envelope ID 03F099FB-7104-87A6-80B2-1F90E2705C2F WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 CONTRACT K9070 Between WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT And JEFFERSON COUNTY,WASHINGTON CONTRACT INFORMATION Contract start date Contract end date Contract amount Autharizat,on Upon Execution One year from the $3,250.00 Chapter 39.34 RCW date of execution Purpose In accordance with the Accessible Communities Advisory Committee(ACAC),this agreement provides state funding to assist in the completion of the County project identified herein. PARTIES: Jefferson County,WA(County) Address Business registration or UBI County Vendor Number 615 Sheridan,Port Townsend,WA 98368 161-001-169 SVW0002430 Contract Manager CM Phone CM Email Bonnie Obremski 360-385-9410 BonnieO@co.jefferson.wa.us Employment Security Department(ESD) Contact Address Division 212 Maple Park Ave.SE,Olympia,WA 98501 Human Resources Contract Manager CM Phone CM Email Elaine Stefanowicz tiS 360-890-3774 elaine.stefanowicz@esd.wa.gov ATTACHMENTS: This Contract includes the following attachment(s)and document(s)incorporated herein Exhibit A—Statement of Work Exhibit B-Budget The terms and conditions of this Contract are an integration and representation of the final,entire and exclusive understanding between the parties superseding,all previous agreements,writings, and communications,oral or otherwise,regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract,and have the authority to execute this Contract. Jefferson C. Data Employment Security Department Date 172,44111% Ow.sr fti,A4 5/12/2026 erne-eme Greg Brotherton Elizabeth Gordon Tine Time Chair,Board of County Commissioners Executive Director Approved to To only- Date 04/22/2026 Jercmi B. ther, Deputy Prosecuting Attorney 00-26-023 Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 11 of 19 Docusign Envelope ID 03F099FB-7104-87A6-80B2-1F90E2705C2F r Employment Security Department WASHINGTON STATE P O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 This Contract is between the Washington State Employment Security Department. hereinafter called"ESD", and Jefferson County, hereinafter called"County." ESD and County may also be individually referred to as Party, or jointly referred to as Parties The Parties hereby mutually agree as follows: 1. PURPOSE With the passing of the Accessible Communities Act the Legislature found that Washington State residents with disabilities continue to face barriers that could be easily eliminated. Through this legislation, counties have the opportunity to form county Accessible Community Advisory Committees and develop projects in their communities that will increase the disability awareness and accessibility of their county. Once these projects are developed and approved by the Governor's Committee on Disability Issues and Employment(GCDE), counties can receive funds to carry out these projects. Counties are eligible to apply for funding for other approved projects when a prior project is completed This purpose of this Agreement is to set out the terms and conditions for the State of Washington to assist the county and provide funding for the projected identified herein. 2. AUTHORIZATION This Contract is authorized in accordance with Chapter 39.34 RCW — Interlocal Cooperation Act. and further in accordance with the Governor s Committee on Disability Issues and Employment(GCDE). TERMS AND CONDITIONS: 3. CONTRACT TERM The term of this Agreement starts on the date of execution and ends one year from the date of execution Parties may agree to modify the term upon issuance of a mutually executed amendment. 4. STATEMENT OF WORK The statement of work is attached hereon as Exhibit A- Statement of Work. County shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work and the full completion of the project therein. 5. COMPENSATION The County estimated the State's supplemental cost for accomplishing the work herein to be$3,250 00. ESD will reimburse County for its expenditures and costs in the amount of$3,250.00. The allocation of the cost breakdown is on Exhibit B Payment by ESD for reimbursement on the satisfactory performance of the work may not exceed the above-noted amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which causes the maximum payment to be exceeded. Washington Employment Security Department-ESD Contract#K9070 Page 2 Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 12 of 19 Docusign Envelope ID:03F099FB-7104-87A6-80B2-1 F90E2705C2F Employment Security Department WASHINGTON STATE P O.Box 9046,OLYMPIA,WASHINGTON 98507-9046 6. BILLING PROCEDURE The County must submit invoices monthly or upon completion of the project for services performed under this Contract on an Invoice Voucher(Form A-19). or similar invoice. Invoices must include such information as necessary for ESD to determine the exact nature of all expenditures. and goods or services provided to and received Each invoice must clearly indicate the Contract number herein. The invoice document must be submitted to. Employment Security Department Attention Vendor Payments PO Box 9046 Olympia,WA 98507 Or one electronic copy of invoice document to: VendorPayments(a)esd.wa.gov,with a copy sent to ESD's Contract Manager. ESD will pay the County for completed and approved work within thirty(30)days of receipt of invoice 7. REPORTING The County shall provide the ESD Contract Manager quarterly status report(s)on the updated performance. Reports are to be submitted via email to the ESD contract manager 8. AMENDMENTS This Agreement may be amended. Amendments are not binding unless they are in writing and executed by personnel authorized to bind each respective party. 9. CONTRACT MANAGEMENT Each respective Contract Manager listed on page one is the designated person for the general management of this Contract, to include receiving all communications and notices related to the contract. All correspondence and all legal notices from either party will be deemed as being properly sent to the other party if made by emailing said written communication to the other party's identified Contract Manager Each party is required to notify the other manager in writing within three business days of any changes to that party's Contract Manager's information. Contract Managers may be changed through administrative notice to the other party, and do not require a full amendment. 10. DISPUTES Parties will request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 11. DUPLICATION OF BILLED COSTS County shall not bil' ESD for costs if County is being paid by another funding source for these same costs. Washington Employment Security Department-ESD Contract#K9070 Pagu 3 Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 13 of 19 Docusign Envelope ID.03F099FB-7104-87A6-8082-1F90E2705C2F Employment Security Department WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 12. ELECTRONIC SIGNATURES, COUNTERPARTS, AND DELIVERY The parties agree that this Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement; and that electronic signature, or e-signature, of this Agreement shall be the same as execution of an original ink signature: and that E-mail, electronic, or facsimile delivery of a signed copy of this Agreement shall be the same as delivery of an original 13.GOVERNANCE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue hereunder will be in the Superior Court for Thurston County. In the event of an inconsistency in this Contract unless otherwise provided. the inconsistency is resolved by giving precedence In the following order: 1. Applicable Federal and Washington State Statutes and Regulations 2 All terms and conditions herein. 3. Any attachments in their descending alphabetical order 4. Any other material incorporated herein by written reference 14. INDEMNIFICATION Each party to this agreement is responsible for its own acts and/or omissions and those of its officers employees and agents. To the extent permitted by law, each party will hold the other harmless from costs, damages, or expenses arising from this agreement and based upon the negligence or non-compliance of the party 15. INDEPENDENT CAPACITY Each Party retains its independent capacity as a self-governing public agency under this agreement No additional partnering entity is established herein. 16. INSURANCE REQUIREMENTS Each Party warrants that they are insured under a Self-Insured Liability Pool or have commercial insurance that will protect against any damage claims that might result from performing under this contract Said insurance must be for such amounts as are prudent and customary for a government entity. 17. RECORDS, DOCUMENTS AND REVIEW Maintenance of Records: Unless otherwise specified in the Contract, all books; records. documents, and other materials relevant to this Agreement will be retained for six(6)years after expiration of this Contract. Each party will utilize reasonable security procedures and protections to assure records and documents provided by the other party are not erroneously disclosed to third parties Review of Records: County shall grant ESD, and its designees full access to and the right to examine and copy any or all books, records, papers, documents and other material regardless of form or type which are pertinent to the performance of this Contract, or reflect all direct and indirect costs of any nature expended in the performance of this Washington Employment Security Department-ESD Contract 4 K9070 Page 4 Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 14 of 19 Docusign Envelope ID:03F099FB-7104-87A6-80B2-1F90E2705C2F Employment Security Department WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 Contract.Access must be available at all reasonable times not limited to the required retention period but as long as records are retained, and at no additional cost to ESD. 18.SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement provided that the remaining provisions can be given effect without the illegal or invalid provision. 19.TERMINATION AND SUSPENSION ESD, upon providing written notice, may terminate or suspend this Agreement, in whole or in part for convenience, or based upon the potential breach of terms by the County. If this Contract is terminated, ESD shall be liable only for final payment for services rendered or expenses incurred prior to the effective date of termination. 20.WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and does 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. Washington Employment Security Department-ESD Contract It K9070 Page 5 Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 15 of 19 Docusign Envelope ID:03F099FB-7104-87A6-80B2-1 F90E2705C2F r Employment Security Department WA,ykINC,'C:v S IA'L P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 EXHIBIT A STATEMENT OF WORK JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) ACCESSIBLE SEATING AT JEFFERSON COUNTY MUSEUM OF ART AND HISTORY Project Provide accessible seating for Jefferson County Museum of Art and History Overview The Jefferson County Historical Society(JCHS)seeks$3,250 to support the purchase of inclusive seating at the Museum of Art+History. This project will directly improve the museum experience for people with disabilities or anyone who cannot comfortably or safely experience museum exhibitions without frequent opportunities to sit and rest. Timeline It will take approximately one year to complete the project. Resources required Chair: $2,750+ Shipping: $500 Cost 3,250.00 Cost is for the budget in Exhibit B. Employment Security Department-ESD Contract N K9070 Page 6 Exhibit A—Statement of Work Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 16 of 19 Docusign Envelope ID:03F099F8-7104-87A6-80B2-1F90E2705C2F Employment Security Department WASHINGTON SIAIE P.Q.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 EXHIBIT B BUDGET JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) ACCESSIBLE SEATING AT JEFFERSON COUNTY MUSEUM OF ART AND HISTORY Costs: Total: $3,250.00 Chair: $2,750 + Shipping: $500 In-Kind Donations: While there is a cost associated with the staff time required for furniture research, selection, assembly, and installation, please note we are NOT seeking support for this line item, just the cost for purchasing and shipping the chair. Washington Employment Security Department-ESD Contract#K9070 Page 7 Exhibit B—Budget Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 17 of 19 APPENDIX B—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved and also shall be submitted along with every request for reimbursement. AGENCY CONTRACT NO: K9070 DATE: 6/5/2026 NAME OF SUBRECIPIENT: Jefferson County Historical Society By signing below, I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from transactions by any Federal, State,or local department or agency X Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form 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(Federal, State,or local)transaction or X contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity Federal, State,or local)with commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal, State, or local) X transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form X one or more public transactions(Federal, State, or local) terminated for cause or default Subrecipient has provided all written reports required by the X Agency Contract and this Subrecipient Agreement as of Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 18 of 19 DATE CERTIFICATION ITEM YES NO the submission of this Compliance and Risk Monitoring Form Subrecipient has provided any audit report received by it from any government agency since the last certification for N/A its performance related to the Agency Contract Subrecipient certifies that all of the deliverables and other N/A work required since the last certification have been completed All the work being billed for in the invoice being certified X by this Compliance and Risk Monitoring Form actually has been performed, including any timesheet or other backup Subrecipient agrees to submit to an audit within 30 days of X a request from the County or the Agency Subrecipient has corrected any deficiencies identified since N/A the last certification Port Townsend WA Signed at City State 7-a/Lez, kle_Cazdy.6/5/2026 SUBRECIPIENT SIGNATURE DATE WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVALSIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION Accessible Communities Advisory Committee Subrecipient Agreement for Jefferson County Historical Society for ESD Contract K9070. Page 19 of 19 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peter, County Administrator FROM: Heidi Eisenhour, Commissioner DATE: June 15,2026 SUBJECT: LETTER OF SUPPORT re: Port Townsend Paper Corp to apply for a grant to revitalize their dock facility STATEMENT OF ISSUE: Port Townsend Paper Company has asked the Jefferson County Board of Commissioners for a letter of support for a U.S. Marine Highway grant to revitalize their dock. ANALYSIS: The proposed revitalization of the company's pulp shipping dock is an essential investment in maritime infrastructure. As a designated U.S. Marine Highway community, we recognize the importance of marine transportation in moving goods efficiently and sustainably. The dock enables the company to shift more than 300 truckloads per month off regional roadways, reducing congestion, lowering emissions, improving safety, and preserving roadway infrastructure. FISCAL IMPACT: None. RECOMMENDATION: Discuss, sign and send letter. REVIEWED BY: 0 ft126 Jos eters, County Administrator Date p CoN1ssr Board of County Commissioners 4w8z- s 1820 Jefferson Street m PO Box 1220 Port Townsend, WA 98368 O Heather Dudley-Nollette,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3SflING'S June 15, 2026 U.S. Department of Transportation Maritime Administration 1200 New Jersey Ave SE Washington, DC 20590 Subject: Support for Port Townsend Paper Company's U.S. Marine Highway Grant Application Dear U.S. Marine Highways Grant Review Committee, On behalf of the Jefferson County Board of Commissioners,we are pleased to offer our strong support for Port Townsend Paper Company's application to the U.S. Marine Highway Grant Program. Port Townsend Paper Company has been a cornerstone of our local economy for nearly a century, providing family-wage jobs and supporting the broader economic vitality of Jefferson County. As one of our largest employers,the mill plays a critical role in sustaining both our industrial base and our community. The proposed revitalization of the company's pulp shipping dock is an essential investment in maritime infrastructure. As a designated U.S. Marine Highway community, we recognize the importance of marine transportation in moving goods efficiently and sustainably. The dock enables the company to shift more than 300 truckloads per month off regional roadways,reducing congestion, lowering emissions, improving safety, and preserving roadway infrastructure. This project will strengthen supply chain resiliency, support continued industrial operations and reinforce Port Townsend's historic working waterfront. It reflects the shared goals of economic development, environmental stewardship, and transportation efficiency. We strongly believe this project exemplifies the purpose of the U.S. Marine Highway Grant Program and respectfully urge its favorable consideration. Thank you for your commitment to supporting maritime infrastructure and the communities that depend on it. Sincerely, Heather Dudley-Nollette, Dist. 1 Heidi Eisenhour, Dist. 2 Greg Brotherton, Dist. 3-Chair Phone(360) 385-9100 jeffbocc@co.jefferson.wa.us JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Heidi Eisenhour, Commissioner DATE: June 15,2026 SUBJECT: MOTION APPROVING RESOLUTION re: In the matter of reactivation of Drainage District No. 1, also known as Chimacum Drainage District,pursuant to RCW 85.38.220: The Board of County Commissioners move to approve the resolution in the Agenda Packet which reactivates Chimacum Drainage District No. 1 because reactivating the drainage district is in the public interest. STATEMENT OF ISSUE: Per guidance from our Chief Civil Deputy Prosecuting Attorney,the BoCC is authorized to adopt a resolution reactivating DD1 without a new public hearing, since a public hearing was held on July 14, 2025, and neither RCW 85.39.220 nor JCC 2.55.040(2)require that the resolution be adopted at a hearing. The BoCC must determine by majority vote that reactivating DD1 is in the public interest. Melissa Pleimann provided a draft resolution on August 20, 2025, which has been updated for our consideration and adoption today. ANALYSIS: Regarding reactivation of DD1, RCW 85.39.220 states: After holding apublic hearing on the proposed reactivation of a special district that has had its operations suspended,the legislative authority or authorities of the county or counties in which the special district is located may reactivate the special district by adopting a resolution finding such action to be in the public interest. Notice of the public hearing shall be posted and published as provided for the public hearing on a proposed suspension of a special district's operations. The governing body of a reactivated special district shall be appointed as in a newly created special district. (Emphasis added.) RCW 85.39.220 requires both a hearing and a resolution to reactivate a special district, such as DDI. But the adoption of the resolution can come after the public hearing. And, RCW 85.39.220 does not require that the resolution be adopted at a hearing. The statute separates the hearing requirement from the resolution requirement by a comma. If the legislature wanted to require the resolution be adopted at the hearing, it could have said so. Accordingly,the BoCC may adopt the resolution by motion, as a hearing on resolutions in Jefferson County is not required if a statute does not require a hearing for the resolution. See JCC 2.55.040(2) Resolutions may be adopted without a public hearing, unless a state or local law requires a hearing.") FISCAL IMPACT: None. RECOMMENDATION: Staff recommends that the Commissioner approve a MOTION APPROVING RESOLUTION re: In the matter of reactivation of Drainage District No. 1, also known as Chimacum Drainage District,pursuant to RCW 85.38.220: The Board of County Commissioners move to approve the resolution in the Agenda Packet which reactivates Chimacum Drainage District No. 1 because reactivating the drainage district is in the public interest. REVIEWED BY: 41, ' toy 41?-467 Jos eters, County Administrator Date STATE OF WASHINGTON County of Jefferson In the Matter of Reactivation of Drainage District No. 1, also known as Chimacum RESOLUTION NO. Drainage District, Pursuant to RCW 85.38.220 WHEREAS, Jefferson County is a political subdivision of the state of Washington as provided by title 36 RCW and the Washington State Constitution Article II; and WHEREAS, Drainage District No. 1, also known as the Chimacum Drainage District DD No. 1) is located in unincorporated Jefferson County; and WHEREAS, DD No. 1 was formed on June 1919 and remained active and collecting assessments until 1974; and WHEREAS, the Board of County Commissioners received notice from the Jefferson County Auditor in May 2023, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36.96.010. WHEREAS, the Board of County Commissioners held a hearing and entered Resolution No. 35-23 on September 1, 2023 deeming DD No. 1 inactive; and WHEREAS,the Board of County Commissioners again received notice from the Jefferson County Auditor in May 2024, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36. 96.010. WHEREAS, the Board of County Commissioners held a hearing on August 29, 2024 and reaffirmed the Resolution No. 35- 23 keeping DD No. 1 inactive; and WHEREAS,the Board of County Commissioners again received notice from the Jefferson County Auditor in May 2025, indicating DD No. 1 had no record of activity for the proceeding consecutive five-years and met the inactive criteria pursuant to RCW 36. 96.010. WHEREAS, during the past several years, in coordination with the Jefferson County Conversation District and WSU Extension, Jefferson County has conducted community engagement through meetings, public focus groups, open houses, and a survey sent to all landowners in the District's geography assessing the need for drainage maintenance and improvement in the District, and gaging the level of interest in reactivating the District; and WHEREAS, the Board of County Commissioners held a workshop on June 23, 2025 reporting positive outcomes from the community engagement conducted during the past several years, and strong interest in reactivation of DD No. 1; and WHEREAS, following issuance of a hearing notice published on June 25, 2025 and July 2, 2025, the Board of County Commissioners held a public hearing on July 14, 2025 to discuss reactivation of DD No. 1; and 1 of 3 WHEREAS, the Board of County Commissioners decided that at public hearing on July 14, 2025 that DD No. 1 should be reactivated to manage ongoing flooding and drainage issues, which are particularly due to reed canary grass obstructing Chimacum Creek and the benefit zone models for fair taxation based on elevation, estimated maintenance costs, and the Conservation District's willingness to support short-term efforts under existing permits; and WHEREAS, following the receipt of public comment, the Board of County Commissioners passed a motion to reactivate DD No. 1 finding such action to be in the public interest pursuant to RCW 85.38.220; and NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above "Whereas"clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to reactivate the special purpose district Drainage District 1, also known as Chimacum Drainage District,authorizing the operations of the district as if it were a newly created special purpose district. Section 3. Reactivation of Special Purpose District is in the Public Interest and Should be Reactivated. Based on the public comment and testimony at the July 14, 2025 hearing and the efforts of the community to volunteer to be members of the board of DD No. 1,reactivate DD No. 1 is in the public interest as required by RCW 85.38.220. Accordingly, Drainage District 1, also known as Chimacum Drainage District, is hereby reactivated. Section 4. Repeal and Replacement of Resolution No. 35-23. Resolution No. 35- 23 adopted on September 1, 2023 deeming DD 1 inactive, is hereby repealed and replaced by this Resolution. Section 5. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. SEPA Categorical Exemption. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 7. Effective Date. The reactivation shall take effect and be in full force immediately upon passage of this Resolution by the Board of County Commissioners. The Board already appointed by the Board of County Commissioners shall take its place operating DD No. 1, starting immediately upon the effective date. SIGNATURES FOLLOW ON THE NEXT PAGE) 2 of 3 ADOPTED and APPROVED this day of 2025. SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Heidi Eisenhour, Member Heather Dudley-Nollette, Member ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney 3 of 3 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: June 15, 2026 Subject: First Amendment to Contract for Tree Removal Oil City Rd. Culvert Replacement MP 0.5 (18021180) Statement of Issue: On March 2, 2026, the BoCC approved a contract for tree removal and disposal with Olympic Resources LLC, originally dated February 6, 2026, for the Oil City Road Culvert Replacement Project# 18021180. This amendment retroactively incorporates the necessary FHWA, Davis-Bacon wage determinations, civil rights provisions, etc. to safeguard the project's Federal Lands Access Program (FLAP) funding eligibility. Analysis/Strategic Goals/Pro's Et Con's: This administrative amendment incorporates six required federal compliance exhibits that were omitted from the original March 2, 2026, contract with Olympic Resources LLC. Approving this correction safeguards the project's federal funding and ensures full regulatory compliance with no additional fiscal impact on the County. Failure to adopt the amendment would jeopardize federal eligibility. Fiscal Impact/Cost Benefit Analysis: This administrative amendment has zero fiscal impact as it requires no additional county funding or budget adjustments. The clear cost-benefit favors immediate adoption, as it safeguards the project's existing federal funding eligibility and prevents costly project delays at no extra expense. Recommendation: The Board is requested to approve and sign the amendment. Department Contact: Josh Thornton, 385-9162 Reviewed By: Z\Vic) 67 10/9-6 Josh Peters, County Administrator Date CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) P1/1/4 a6 --Q9S CONTRACT WITH: Olympic Resources Contract No: 1-1 Contract For: Tree Removal for site preperation Term: 30 days COUNTY DEPARTMENT: PUBLIC WORKS Contact Person: JOSHUA THORNTON Contact Phone: 360-385-9162 Contact email: JTHORNTON@CO.JEFFERSON.WA_US AMOUNT: 38.250.00 PROCESS: — Exempt from Bid Process Revenue: 180000010.331202 Cooperative Purchase Expenditure: 180000059500.65.00 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s)of Matching Funds FLAP Vendor List Bid Fund # RFP or RFQ Munis Org/Obj ri Other: Limited competitve APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C MPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: E N/A:0 cti''"" Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: El 4 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 6/2/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 5/29/2026. DPA reviewed and approved on 5/29/2026 Amendment to add required federal contract provisions.*** STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL CONTRACT AMENDMENT NO. 1 Project: Oil City Rd Culvert Replacement MP 0.5 —FLAP Project#18021180 Original Contract Date: February 6, 2026 Contractor: Olympic Resources LLC RECITALS WHEREAS, Jefferson County ("County") and Olympic Resources LLC ("Contractor") entered into a Professional Services Agreement dated February 6, 2026, for tree removal, hauling, and processing services ("Project"); and WHEREAS, the Project is funded through the Federal Lands Access Program (FLAP) administered by the Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA); and WHEREAS, the original agreement omitted certain mandatory federal-aid contract provisions required by 23 CFR 633.102 and the FLAP funding agreement; and WHEREAS, both parties desire to amend the Agreement to incorporate these federal requirements retroactively to ensure the project remains eligible for federal reimbursement; NOW, THEREFORE, the parties agree to amend the Contract as follows: 1. RETROACTIVE INCORPORATION OF FEDERAL PROVISIONS The following documents are hereby physically incorporated into the Agreement as if fully set forth therein, effective retroactively to February 6, 2026: EXHIBIT 1: Form FHWA-1273 EXHIBIT 2: Lobbying Certification EXHIBIT 3: Title VI Assurances EXHIBIT 4: Wage Determinations EXHIBIT 5: Non-Collusion Declaration EXHIBIT 6: Contractor Certification Wage Law Compliance 2. LABOR COMPLIANCE & CERTIFIED PAYROLLS Pursuant to Exhibit 1, 4 and 6, the Contractor shall submit weekly certified payrolls (Form WH-347 or equivalent)to the County for all weeks in which work was performed. Final payment and the release of any retained percentage (as described in Exhibit D of the original contract) are contingent upon the County's receipt and approval of these payrolls to verify compliance with the Davis-Bacon Act. 3. RATIFICATION All other terms and conditions of the original Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this Amendment, the terms of this Amendment and the attached Federal Exhibits shall prevail. IN WITNESS WHEREOF, The parties agree that the Effective Date of this Amendment is February 6, 2026. Signatures on the following pages] JEFFERSON COUNTY OLYMPIC RESOURCES LLC BOARD OF COMMISSIONERS MrchaeG Nelsoh Michael Nelson(Jun 3,2026 09: 46:15 PDT) Heather Dudley-Nollette, District 1 Mike Nelson,Date Owner/Member Heidi Eisenhour, District 2 Greg Brotherton, District 3 SEAL: ATTEST: Carolyn Galloway,CMC Date Clerk of the Board APPROVED AS TO FORM: All 05-29-2026 V Jeremiah B.Luther Civil Deputy Prosecuting Attorney Oil City Rd MP 0.5 - Contract amendment Final Audit Report 2026-06-03 Created:2026-06-01 By: Joshua Thornton(JThornton@co.jefferson.wa.us) Status: Signed Transaction ID: CBJCHBCAABAAZ_eTawlfnpxg9t0KXporB9iAV4NpZWEx Oil City Rd MP 0.5 - Contract amendment" History t Document created by Joshua Thornton (JThornton@co.jefferson.wa.us) 2026-06-01 - 6:35:57 PM GMT D Document emailed to mgnelson.or@gmail.com for signature 2026-06-01-6:43:20 PM GMT 5 Email viewed by mgnelson.or@gmail.com 2026-06-02-6:37: 25 PM GMT be Signer mgnelson.or@gmail.com entered name at signing as Michael Nelson 2026-06-03-4:48:13 PM GMT be Document e-signed by Michael Nelson (mgnelson.or@gmail.com) Signature Date:2026-06-03-4:48:15 PM GMT-Time Source:server-Signature Appearance Selected:TYPE 0 Agreement completed. 2026-06-03-4:48:15 PM GMT 121 Adobe Acrobat Sign EXHIBIT 1 FHWA-1273—Revised October 23,2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractors own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments,withholding of final VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor:During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230,Subpart A,Appendix A;EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23,United States construction contracts and to all related construction Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246,41 CFR 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order,rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60- 4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders,rental 21,26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S.Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. 1 EXHIBIT 1 1.Equal Employment Opportunity:Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625- 1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4.Recruitment:When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation:"An Equal Opportunity Employer." All such are incorporated by reference in this contract.In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409(g)(4)&(5).meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer;recruitment or recruitment compliance with EEO contract provisions. Where advertising;layoff or termination;rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates training."Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading, staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve women. such complaints,and will take appropriate corrective action 2 EXHIBIT 1 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/ applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations,the would cause an undue hardship. contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race,color,religion,sex,sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors,including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers,and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color,national origin,or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract,which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to: EEO clause into each union agreement to the end that such 1)Withholding monthly progress payments; union will be contractually bound to refer applicants without 2)Assessing sanctions; regard to their race,color,religion,sex,sexual orientation, 3)Liquidated damages;and/or gender identity,national origin,age,or disability. 4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts,fill the employment vacancies without regard to race,color,religion,sex,sexual a. The records kept by the contractor shall document the orientation,gender identity,national origin,age,or disability;following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide 3 EXHIBIT 1 1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project; 2)The progress and efforts being made in cooperation The following provisions are from the U.S.Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits.All laborers and report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work(ortheprojectindicatingthenumberofminority,women,and non- otherwise working in construction or development of theminoritygroupemployeescurrentlyengagedineachwork classification required by the contract work. This information is project under a development statute),will be paid to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than once a week,and represent the project work force on board in all or any part of without subsequent deduction or rebate on any account the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted by training is being required by special provision,the contractor regulations issued by the Secretary of Labor under the will be required to collect and report training data. The Copeland Act(29 CFR part 3)),the full amount of basic hourly employment data should reflect the work force on board during wages and bona fide fringe benefits(or cash equivalents all or any part of the last payroll period preceding the end of thereof)due at time of payment computed at rates not less July. than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may III.NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers and mechanics.As provided in paragraphs(d)and(e)of 29 This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the than$10,000. 41 CFR 60-1.5. contract.Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 As prescribed by 41 CFR 60-1.8,the contractor must ensure U.S.C.3141(2)(Bl)on behalf of laborers or mechanics are that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject manner that segregation on the basis of race,color,religion,to the provisions of paragraph 1.e.of this section;also,regular sex,sexual orientation,gender identity,or national origin contributions made or costs incurred for more than a weekly cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period,are by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage control where the facilities are segregated. The term"facilities" determination for the classification(s)of work actually includes waiting rooms,work areas,restaurants and other performed,without regard to skill,except as provided in eating areas,time clocks,restrooms,washrooms,locker paragraph 4.of this section.Laborers or mechanics performing work in more than one classification rooms and other storage or dressing areas,parking lots,may be compensated at drinking fountains,recreation or entertainment areas, the rate specified for each classification for the time actually transportation,and housing provided for employees. The worked therein:Provided,That the employer's payroll records contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including between sexes. any additional classifications and wage rates conformed under paragraph 1.c.of this section)and the Davis-Bacon poster WH-1321)must be posted at all times by the contractor and IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. This section is applicable to all Federal-aid construction b.Frequently recurring classifications.(1)In addition to wage projects exceeding$2,000 and to all related subcontracts and and fringe benefit rates that have been determined to be lower-tier subcontracts(regardless of subcontract size),in prevailing under the procedures set forth in 29 CFR part 1,aaccordancewith29CFR5Therequirementsapplytoall wage determination may contain,pursuant to§1.3(f),wageright-of-waylocatedwithintherightof-way of a roadway that is and fringe benefit rates for classifications of laborers and functionally classified as Federal-aid highway. 23 U.S.C. 113. mechanics for which conformance requests are regularlyThisexcludesroadwaysfunctionallyclassifiedaslocalroads submitted pursuant to paragraph 1.c.of this section,providedorruralminorcollectors,which are exempt. 23 U.S.C.101. Where applicable law requires that projects be treated as a that: project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples i)The work performed by the classification is not include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U.S.C. 133[excluding recreational trails which a prevailing wage rate has been determined; projects],the Nationally Significant Freight and Highway 4 EXHIBIT 1 ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor construction industry;and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c.(3)or(4)of wage determination. this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2)The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii)of this d.Fringe benefits not expressed as an hourly rate.section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contractatnolessthanthewageandfringebenefitratelistedonthe for a class of laborers or mechanics includes a fringe benefit wage determination for such classification. which is not expressed as an hourly rate,the contractor may either pay the benefit as stated in the wage determination or c.Conformance. (1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics,including helpers,which is equivalent thereof. not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not makethewagedetermination.Conformance of an additional classification and wage rate and fringe benefits is appropriate payments to a trustee or other third person,the contractor may only when the following criteria have been met: consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That i)The work to be performed by the classification the Secretary of Labor has found,upon the written request of requested is not performed by a classification in the wage the contractor,in accordance with the criteria set forth in determination;and 5.28,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the ii)The classification is used in the area by the contractor to set aside in a separate account assets for the construction industry;and meeting of obligations under the plan or program. a fringe f.Interest.In the event of a failure to pay all or part of theiii)The proposed wage rate,including any bona fide wages required by the contract,the contractor will be requiredbenefits,bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.contained in the wage determination. 2)The conformance process may not be used to split, 2. Withholding(29 CFR 5.5) subdivide,or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements.The contracting agency may, upon its own action,or must,upon written request of an 3) If the contractor and the mechanics to be authorized representative of the Department of Labor,withhold employed in thetclassification and laborers( i kne and), o their or cause to be withheld from the contractor so much of the representatives,and the contracting officer agree on the accrued payments or advances as may be considered classification and wage rate(including the amount designated necessary to satisfy the liabilities of the prime contractor or any for fringe benefits where appropriate),a report of the action subcontractor for the full amount of wages and monetary relief, taken will be sent by the contracting officer by email to including interest,required by the clauses set forth in this DBAconformance(d dol.gov.The Administrator,or an section for violations of this contract, to satisfy any such liabilities required by any other Federal contract,or federallyauthorizedrepresentative,will approve,modify,or disapprove assisted contract subject to Davis-Bacon labor standards,that every additional classification action within 30 days of receipt is held by the same prime contractor(as defined in§5. 2).Theandsoadvisethecontractingofficerorwillnotifythe necessary funds may be withheld from the contractor under contracting officer within the 30—day period that additional time this contract,any other Federal contract with the same primeisnecessary. contractor,or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is 4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate(including the amount designated for which the funds were withheld.In the event of a for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including will,by email to DBAconformance(adol.gov,refer the any apprentice or helper working on the site of the work all or questions,including the views of all interested parties and the part of the wages required by the contract,or upon the recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed for determination.The Administrator,or an authorized in paragraph 3. d.of this section,the contracting agency may representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30—day period that additional time suspension of any further payment,advance,or guarantee of is necessary. funds until such violations have ceased. 5)The contracting officer must promptly notify the b.Priority to withheld funds.The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph 5 EXHIBIT 1 2.a.of this section or Section V,paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors.A contracting agency or prime contractor may permit or require contractors 1)A contractor's surety(ies),including without limitation to submit certified payrolls through an electronic system,as performance bond sureties and payment bond sureties; long as the electronic system requires a legally valid electronic signature;the system allows the contractor,the contracting agency,and the Department of Labor to access the certified 2)A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the prime contract has been completed;and the contracting 3)A trustee(s)(either a court appointed trustee or a U.S. agency or prime contractor permits other methods of or trustee,or both)in bankruptcy of a contractor,or a contractor's submission inabilitysituations or accessc thetheelectroniccontractorisu syse m bankruptcy estate; limited in its to use or the system. 4)A contractor's assignee(s); 2)Information required.The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2)of this 5)A contractor's successor(s);or section,except that full Social Security numbers and last known addresses,telephone numbers,and email addresses claim asserted under the Prompt Payment Act,31 must not be included on weekly transmittals.Instead,the 6)A U.S.C. claim 3901-3907. certified payrolls need only include an individually identifying number for each worker(e. g.,the last four digits of the worker's Social Security number).The required weekly 3.Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional Form WH-347 or in any other format desired.Optional Form WH-347 is available for this purpose from the Wage and Hour a.Basic record requirements(1)Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/WHD/ All regular payrolls and other basic records must be legacv/files/wh347/pdf or its successor website.It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last mechanics working at the site of the work(or otherwise known addresses,telephone numbers,and email addresses to working in construction or development of the project under a the prime contractor for its own records,without weekly development statute)for a period of at least 3 years after all submission by the subcontractor to the contracting agency. the work on the prime contract is completed. 3)Statement of Compliance. Each certified payroll 2)Information required.Such records must contain the submitted must be accompanied by a"Statement of name;Social Security number;last known address,telephone Compliance,"signed by the contractor or subcontractor,or the number,and email address of each such worker;each contractor's or subcontractor's agent who pays or supervises worker's correct classification(s)of work actually performed; the payment of the persons working on the contract,and must hourly rates of wages paid(including rates of contributions or certify the following: costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act);daily and weekly number i)That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract;the information required to be provided under paragraph 3. b. deductions made;and actual wages paid. of this section,the appropriate information and basic records are being maintained under paragraph 3.a.of this section, and such information and records are correct and complete; 3)Additional records relating to fringe benefits.Whenever the Secretary of Labor has found under paragraph 1.e.of this section that the wages of any laborer or mechanic include the ii)That each laborer or mechanic(including each helper amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned,without 3141(2)(B)of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable,that the plan or program is wages eamed,other than permissible deductions as set financially responsible,and that the plan or program has been forth in 29 CFR part 3;and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual iii)That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classification(s)of work actually 4)Additional records relating to apprenticeship.Contractors performed,as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs,the registration of the apprentices,and the ratios 4)Use of Optional Form WH-347.The weekly submission and wage rates prescribed in the applicable programs. of a property executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for b.Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by of submission.The contractor or subcontractor must submit paragraph 3.b.(3)of this section. weekly,for each week in which any DBA-or Related Acts- covered work is performed,certified payrolls to the contracting 6 EXHIBIT 1 5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request subcontractor,or the contractors or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance action. 6)Falsification.The falsification of any of the above certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR civil or criminal prosecution under 18 U.S.C.1001 and 31 5.5) U.S.C.3729. a.Apprentices(1)Rate of pay.Apprentices will be permitted 7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed.with the U.S.Department of Labor,Employment and Training Administration,Office of Apprenticeship(OA),or with a State c.Contracts,subcontracts,and related documents.The Apprenticeship Agency recognized by the OA.A person who is contractor or subcontractor must maintain this contract or not individually registered in the program,but who has been subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where limitation,bids,proposals,amendments,modifications,and appropriate)to be eligible for probationary employment as an extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the these contracts,subcontracts,and related documents during Predetermined rate for the work they perform in the first 90 the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a work on the prime contract is completed. program.In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be d.Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3. a.through 3.c.of this section,and any other documents that the contracting agency,the State DOT,the 2)Fringe benefits.Apprentices must be paid fringe benefitsFHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeshipdeterminecompliancewiththelaborstandardsprovisionsof program.If the apprenticeship program does not specify fringe any of the applicable statutes referenced by§5.1,available for benefits,apprentices must be paid the full amount of fringeinspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency,the State DOT,the classification.If the Administrator determines that a different FHWA,or the Department of Labor,and must permit such practice prevails for the applicable apprentice classification,representatives to interview workers during working hours on fringe benefits must be paid in accordance with thatthejob. determination. 2)Sanctions for non-compliance with records and worker access requirements.If the contractor or subcontractor fails to 3)Apprenticeship ratio.The allowable ratio of apprentices to submit the required records or to make them available,or journeyworkers on the job site in any craft classification must refuses to permit worker interviews during working hours on not be greater than the ratio permitted to the contractor as to the job,the Federal agency may,after written notice to the the entire work force under the registered program or the ratio contractor,sponsor,applicant,owner,or other entity,as the applicable to the locality of the project pursuant to paragraph case may be,that maintains such records or that employs 4.a.(4)of this section.Any worker listed on a payroll at an such workers,take such action as may be necessary to cause apprentice wage rate,who is not registered or otherwise the suspension of any further payment,advance,or guarantee employed as stated in paragraph 4.a.(1)of this section,must of funds.Furthermore,failure to submit the required records be paidri not lnsos r the the applicable of workoe rate on the wage upon request or to make such records available,or to permit determination for the classification actually performed. worker interviews during working hours on the job,may be In addition,any apprentice performing work on the job site in grounds for debarment action pursuant to§5.12.In addition,excess of the ratio permitted under this section must be paid any contractor or other person that fails to submit the required not less than the applicable wage rate on the wage records or make those records available to WHD within the determination for the work actually performed. time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative 4)Reciprocity of ratios and wage rates.Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD.WHD will the locality in which its program is registered,the ratios and take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate)applicable within the locality in which the submission of records.WHD will determine the construction is being performed must be observed.If there is reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project, things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production.program must be observed. 3)Required information disclosures.Contractors and b.Equal employment opportunity.The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address,telephone number,and email address 7 EXHIBIT 1 the equal employment opportunity requirements of Executive b.No part of this contract shall be subcontracted to any Order 11246,as amended,and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C.3144(b)or§5.12(a). c. Apprentices and Trainees(programs of the U.S.DOT). c.The penalty for making false statements is prescribed in Apprentices and trainees working under apprenticeship and the U.S.Code,Title 18 Crimes and Criminal Procedure, 18 skill training programs which have been certified by the U.S.C.1001. Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11.Anti-retaliation.It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV.demote,intimidate,threaten,restrain,coerce,blacklist,harass, 23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against,or to cause any apprentices and trainees under such programs will be person to discharge,demote,intimidate,threaten,restrain, established by the particular programs.The ratio of coerce,blacklist,harass,or in any other manner discriminate apprentices and trainees to joumeyworkers shall not be against,any worker or job applicant for: greater than permitted by the terms of the particular program. a.Notifying any contractor of any conduct which the worker 5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA,Related contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR part 1 or 3; 3,which are incorporated by reference in this contract as provided in 29 CFR 5. 5. b.Filing any complaint,initiating or causing to be initiated any proceeding,or otherwise asserting or seeking to assert on 6.Subcontracts.The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts,along with the applicable DBA,Related Acts,this part,or 29 CFR part 1 or 3; wage determination(s)and such other clauses or contract modifications as the contracting agency may by appropriate c.Cooperating in any investigation or other complianceinstructionsrequire,and a clause requiring the subcontractors action,or testifying in any proceeding under the DBA,Relatedtoincludetheseclausesandwagedetermination(s)in any Acts,this part,or 29 CFR part 1 or 3;orlowertiersubcontracts.The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section.In d.Informing any other person about their rights under the the event of any violations of these clauses,the prime DBA,Related Acts,this part,or 29 CFR part 1 or 3. contractor and any subcontractor(s)responsible will be liable for any unpaid wages and monetary relief,including interest from the date of the underpayment or loss,due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors,and may be subject to debarment, ACT as appropriate. 29 CFR 5. 5. 7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5( b),the following clauses apply to any contract clauses in 29 CFR 5. 5 may be grounds for termination Federal-aid construction contract in an amount in excess of of the contract,and for debarment as a contractor and a 100,000 and subject to the overtime provisions of the subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by 29 CFR 5. 5(a)or 29 CFR 4. 6. As used in this paragraph,the 8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis- guards. Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract as 1.Overtime requirements. No contractor or subcontractor provided in 29 CFR 5. 5.contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any CFR 5. 5,disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract.Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5,6,and 7.Disputes within the worked in excess of forty hours in such workweek. 29 CFR meaning of this clause include disputes between the contractor 5.5. or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the employees or their representatives. 2.Violation;liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in paragraph 1.of this section the contractor and any 10.Certification of eligibility.a.By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment. who has an interest in the contractor's firm is a person or firm In addition,such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for U.S.C.3144(b)or§5.12(a).the District of Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or 8 EXHIBIT 1 mechanic,including watchpersons and guards,employed in event of any violations of these clauses,the prime contractor violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any in the sum currently provided in 29 CFR 5.5( b)(2)*for each unpaid wages and monetary relief,including interest from the calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors,and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment,as appropriate. clause set forth in paragraph 1.of this section. 5.Anti-retaliation.It is unlawful for any person to discharge, 31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist,harass, be adjusted annually by the Department of Labor,pursuant to or in any other manner discriminate against,or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote,intimidate,threaten,restrain, coerce,blacklist,harass,or in any other manner discriminate 3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for: a. Withholding process.The FHWA or the contracting a.Notifying any contractor of any conduct which the worker agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part; much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime b.Filing any complaint,initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on monetary relief,including interest;and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract,any other Federal contract with the same prime contractor,or any other federally assisted contract subject to c.Cooperating in any investigation or other compliancetheContractWorkHoursandSafetyStandardsActthatisheld action,or testifying in any proceeding under CWHSSA or thisbythesameprimecontractor(as defined in§5. 2).The necessary funds may be withheld from the contractor under Part;or this contract,any other Federal contract with the same prime contractor,or any other federally assisted contract that is d.Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is held by the same prime contractor,regardless of whether the other contract was awarded or assisted by the same agency,and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT contractor liability for which the funds were withheld. This provision is applicable to all Federal-aid construction b.Priority to withheld funds.The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a.or paragraph 3. a.of this section,or both,over claims to those funds by: 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a A contractor's surety(ies), greater percentage if specified elsewhere in the contract)of1) y(' ),including without limitation the total original contract price,excluding any specialty itemsperformancebondsuretiesandpaymentbondsureties; designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such 2)A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total original contract price before computing the amount of work 3)A trustee(s)(either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization 23 CFR 635.116). trustee,or both)in bankruptcy of a contractor,or a contractor's bankruptcy estate; a. The term"perform work with its own organization"in paragraph 1 of Section VI refers to workers employed or 4)A contractor's assignee(s); leased by the prime contractor,and equipment owned or rented by the prime contractor,with or without operators. 5)A contractor's successor(s);or Such term does not include employees or equipment of a subcontractor or lower tier subcontractor,agents of the prime contractor,or any other assignees. The term may include 6)A claim asserted under the Prompt Payment Act,31 payments for the costs of hiring leased employees from an U.S.C.3901-3907.employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be 4.Subcontracts.The contractor or subcontractor must insert included in this term if the prime contractor meets all of the in any subcontracts the clauses set forth in paragraphs 1. following conditions:(based on longstanding interpretation) through 5.of this section and a clause requiring the 1)the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts.The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor 2)the prime contractor remains responsible for the qualitywiththeclausessetforthinparagraphs1.through 5.In the of the work of the leased employees; 9 EXHIBIT 1 3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the 4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b."Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C. components of the overall contract. 23 CFR 635.102. 3704). 2.Pursuant to 23 CFR 635.116(a),the contract amount upon which the requirements set forth in paragraph(1)of Section VI VIII.FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish a) a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm,has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made of all construction operations(regardless of who performs the by engineers,contractors,suppliers,and workers on Federal- work)and(b)such other of its own organizational resources aid highway projects,it is essential that all persons concerned supervision,management,and engineering services)as the with the project perform their functions as carefully,thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification,distortion,or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any 4.No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts,Form FHWA-1022 shall be posted on each contracting officer,or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project: contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows: and requirements of the prime contract.(based on long- standing interpretation of 23 CFR 635.116). Whoever,being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a 5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation,knowingly makes any 1)is not applicable to design-build contracts;however, false statement,false representation,or false report as to the contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation;or This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the 1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to comply with all applicable Federal,State,and local laws be performed,or materials furnished or to be furnished,in governing safety,health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related The contractor shall provide all safeguards,safety devices and project approved by the Secretary of Transportation;or protective equipment and take any other needed actions as it determines,or as the contracting officer may determine,to be Whoever knowingly makes any false statement or false reasonably necessary to protect the life and health of representation as to material fact in any statement,certificate, employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the Roads Act approved July 11, 1916,(39 Stat.355),as work covered by the contract. 23 CFR 635.108. amended and supplemented; 2. It is a condition of this contract,and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract,which the contractor enters into years or both." pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under construction safety and 10 EXHIBIT 1 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 e.The terms"covered transaction,""debarred," CFR 200.88;EO 11738) suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180,Subpart I, 180.900-180.1020,and 1200. contracts in excess of$150,000 and to all related First Tier Covered Transactions"refers to any covered subcontracts. 48 CFR 2.101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant(such as the prime or general contract). By submission of this bid/proposal or the execution of this Lower Tier Covered Transactions"refers to any covered contract or subcontract,as appropriate,the bidder,proposer,transaction under a First Tier Covered Transaction(such as Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general 7401-7671q)and the Federal Water Pollution Control Act,as contractor). "Lower Tier Participant"refers any participant who amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers). Appendix II. f.The prospective first tier participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that,should the proposed covered transaction be requirements of this Section in every subcontract,and further entered into,it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred, direct as a means of enforcing such requirements. 2 CFR suspended,declared ineligible,or voluntarily excluded from 200.327. participation in this covered transaction,unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled Certification Regarding Debarment,Suspension,Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions," contracts,design-build contracts,subcontracts,lower-tier provided by the department or contracting agency,entering subcontracts,purchase orders,lease agreements,consultant into this covered transaction,without modification,in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost$25,000 or more— as covered transactions exceeding the$25,000 threshold. 2 CFR defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300. 1200.220. h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it a.By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180. 300; first tier participant is providing the certification set out below.180.320,and 180.325. A participant is responsible for ensuring that its principals are not suspended,debarred,or b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for set out below.The certification or explanation will be Award Management website(httos://www.sam.gov/). 2 CFR considered in connection with the department or agency's 180.300, 180.320,and 180.325. determination whether to enter into this transaction.However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j.Except for transactions authorized under paragraph(f)of an erroneous certification,in addition to other remedies these instructions,if a participant in a covered transaction available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. 2 CFR person who is suspended,debarred,ineligible,or voluntarily 180.325. excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause immediate written notice to the contracting agency to whom or default. 2 CFR 180.325. this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. 11 EXHIBIT 1 2. Certification Regarding Debarment,Suspension, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion—First Tier including suspension and/or debarment. Participants: c.The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is its knowledge and belief,that it and its principals: submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of 1) Are not presently debarred,suspended,proposed for changed circumstances. 2 CFR 180.365. debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal d.The terms"covered transaction,""debarred," department or agency,2 CFR 180.335;. suspended,""ineligible,""participant,""person,""principal," and"voluntarily excluded,"as used in this clause,are defined 2) Have not within a three-year period preceding this in 2 CFR Parts 180,Subpart I, 180.900—180.1020,and 1200. proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any a public(Federal,State,or local)transaction or contract under covered transaction between a recipient or subrecipient of a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general statutes or commission of embezzlement,theft,forgery, contract). "Lower Tier Covered Transactions"refers to any bribery,falsification or destruction of records,making false covered transaction under a First Tier Covered Transaction statements,or receiving stolen property,2 CFR 180.800; such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a 3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or civilly charged by a governmental entity(Federal,State or general contractor). "Lower Tier Participant"refers any local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph(a)(2)of this certification,2 CFR 180.700 and First Tier Participant or other Lower Tier Participants(such as 180.800;and subcontractors and suppliers). 4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by application/proposal had one or more public transactions submitting this proposal that,should the proposed covered Federal,State or local)terminated for cause or default. 2 transaction be entered into,it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily 5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction,unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal(USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements);and f.The prospective lower tier participant further agrees by 6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed,for which all judicial and Certification Regarding Debarment,Suspension,Ineligibility administrative remedies have been exhausted,or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability(USDOT Order 4200.6 implementing appropriations act the$25,000 threshold. 2 CFR 180.220 and 1200.220. requirements). g.A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction,unless it CFR 180.335 and 180.340.knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as 3.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the System for Applicable to all subcontracts,purchase orders,and other Award Management website(https://www.sam.qov/),which is lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300, 180.320, 180. 330,and 180.335. 1200). 2 CFR 180.220 and 1200.220. h.Nothing contained in the foregoing shall be construed to a.By signing and submitting this proposal,the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below. in good faith the certification required by this clause.The knowledge and information of participant is not required to b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i.Except for transactions authorized under paragraph e of certification,in addition to other remedies available to the these instructions,if a participant in a covered transaction Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily 12 EXHIBIT 1 excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and other remedies available to the Federal Government,the submit Standard Form-LLL,"Disclosure Form to Report department or agency with which this transaction originated Lobbying,"in accordance with its instructions. may pursue available remedies,including suspension and/or debarment. 2 CFR 180.325.2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 4. Certification Regarding Debarment,Suspension, U.S.C.1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: 10,000 and not more than$100,000 for each such failure. a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier 1)is presently debarred,suspended,proposed for subcontracts,which exceed$100,000 and that all such debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly. participating in covered transactions by any Federal department or agency,2 CFR 180.355; XII. USE OF UNITED STATES-FLAG VESSELS: 2)is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal(USDOT Order 4200.6 implementing contracts,design-build contracts,subcontracts,lower-tier appropriations act requirements);and subcontracts,purchase orders,lease agreements,or any other covered transaction. 46 CFR Part 381. 3)is a corporation with any unpaid Federal tax liability that has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted,or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. USDOT Order 4200.6 implementing appropriations act requirements) When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer, certify to any of the statements in this certification,such contractor,subcontractor,or vendor agrees: prospective participant should attach an explanation to this proposal. 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to this contract,to the XI.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7. This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 100,000. 49 CFR Part 20,App.A.working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, 1.The prospective participant certifies,by signing and on-board'commercial ocean bill-of-lading in English for each submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section knowledge and belief,that: to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of a.No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620),Maritime paid,by or on behalf of the undersigned,to any person for Administration,Washington,DC 20590.(MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading,certified any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7. Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or 13 EXHIBIT 1 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be,done as on-site work. 14 EXHIBIT 2 OMB Number:4040-0013 Expiration Date:06/30/2028 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: First Name: Middle Name: Last Name: Suffix: Title: SIGNATURE: DATE: EXHIBIT 3 APPENDIX A During the performance of this contract,the contractor,for itself, its assignees,and successors in interest(hereinafter referred to as the"contractor")agrees as follows: 1. Compliance with Regulations:The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation,Washington State Department of Transportation, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination:The contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment,each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race,color,or national origin. 4. Information and Reports:The contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books, records,accounts, other sources of information,and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations,and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Washington State Department of Transportation,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling,terminating,or suspending a contract, in whole or in part. 6. Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A EXHIBIT 3 unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. A EXHIBIT 3 APPENDIX E During the performance of this contract,the contractor,for itself,its assignees,and successors in interest(hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964( 42 U.S.C. §2000d et seq.,78 stat.252), (prohibits discrimination on the basis of race,color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.),as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC§471, Section 47123),as amended, prohibits discrimination based on race,creed, color, national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race,color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). E EXHIBIT 4 Federal Wage Determinations General Decision Number: WA20260048 01/ 02/2026 Superseded General Decision Number: WA20250048 State: Washington Construction Type: Heavy including water and sewer line construction County: Jefferson County in Washington. HEAVY CONSTRUCTION PROJECTS (including sewer/water construction) . Modification Number Publication Date 0 01/ 02/2026 CARP0425-004 06/01/2025 Rates Fringes CARPENTER 63. 98 19.13 ELEC0046-006 08/04/2025 Rates Fringes ELECTRICIAN 75.96 33. 48 ENGI0302-001 06/01/2025 Rates Fringes Power equipment operators: Group lA 61 .56 27.57 Group IAA 62 .47 27 .57 Group lAAA 63.35 27.57 Group 1 60.67 27.57 Group 2 59. 88 27. 57 Group 3 59.23 27. 57 Group 4 55.43 27 . 57 Zone Differential (Add to Zone 1 rates) : Zone 2 (26-45 radius miles) - $1.00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP lAAA - Cranes-over 300 tons, or 300 ft of boom EXHIBIT 4 Federal Wage Determinations including jib with attachments) GROUP IAA - Cranes 200 to 300 tons, or 250 ft of boom including jib with attachments) ; Tower crane over 175 ft in height, base to boom; Excavator/Trackhoe, Backhoes: Over 90 metric tons GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom including jib with attachments) ; Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; excavator/Trackhoe, backhoes: over 50 metric tons to 90 metric tons GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom including jib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work;; Excavator/Trackhoe, backhoes: over 30 metric tons to 50 metric tons; Loader- overhead 6 yards to, but not including 8 yards; Dozer D-10 GROUP 2 - Cranes, 20 tons thru 44 tons with attachments; Crane-overhead, bridge type-20 tons through 44 tons; ; Excavator/Trackhoe, backhoe: 15 to 30 metric tons; Loaders-overhead under 6 yards; Mechanic; Drilling Machine; Grader (finishing) GROUP 3 - Cranes-thru 19 tons with attachments; A-frame crane over 10 tons; ; Dozers-D-9 and under; Roller-Plant Mix; Excavator/Trackhoe, backhoe: under 15 metric tons; Forklift: 3000 lbs and over with attachments; Oiler; Grader non-finishing) ;Boom Truck over 10 tons GROUP 4 - Cranes-A frame-10 tons and under; Roller-other than plant mix; Forklift: under 3000 lbs with attachments; Boom Truck 10 tons and under IRON0086-012 07/ 07/2025 Rates Fringes Ironworker (REINFORCING & STRUCTURAL) 57.94 34 .52 LABO0252-002 06/01/2025 ZONE 1: Rates Fringes LABORER GROUP 2A 40.88 16.72 GROUP 3 50. 38 16.96 EXHIBIT 4 Federal Wage Deteriiiinations GROUP 4 51. 52 16. 99 GROUP 5 52.31 17. 01 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 2A: Flagger GROUP 3: General or Common Laborer; Chipping Guns (Under 30 lbs) GROUP 4: Chipping Guns (Over 30 lbs) ; Groutmen; Pipe Layer GROUP 5: Mason Tender-Brick; Mason Tender-Cement/Concrete; Grade Checker PAIN0300-005 07/ 01/2025 Rates Fringes PAINTER (Brush, Roller and Spray) 41 . 24 14.70 PLAS0528-004 06/01/2024 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 54.16 21. 27 TEAM0174-002 06/01/2025 Rates Fringes Truck drivers: ZONE A: GROUP 1• 55.43 27.52 GROUP 2• 54.59 27.52 ZONE B (25-45 miles from center of listed cities*) : Add $.70 EXHIBIT 4 Federal Wage Determinations per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities*) : Add 1.00 per hour to Zone A rates. Zone pay will be calculated from the city center of the following listed cities: BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - Dump Trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $.15 per hour additional for each 10 yard increment. GROUP 2 - Dump trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with less than 16 yards capacity. HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical ""splash suit."" LEVEL A: +$.75 per hour - This level utilizes a fully- encapsulated suit with a self-contained breathing apparatus or a supplied air line. SUWA2009-039 08/07/2009 Rates Fringes LABORER: Landscape 14.67 0.00 PIPEFITTER 30.00 8.35 TRUCK DRIVER: Water Truck 24.36 8.30 TRUCK DRIVER: 10 Yard Truck 24. 61 8.34 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. EXHIBIT 4 Federal Wage Determinations Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5. 5 (a) (1) (iii) ) . The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. EXHIBIT 4 Federal Wage Determinations Union Rate Identifiers A four-letter identifier beginning with characters other than SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. EXHIBIT 4 Federal Wage Determinations SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1. 6 (c) (1) . State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3 (g) -(h) . Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. EXHIBIT 4 Federal Wage Determinations Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7) . Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION EXHIBIT 4 Federal Wage Determinations General Decision Number: WA20260001 01/23/2026 Superseded General Decision Number: WA20250001 State: Washington Construction Type: Highway Counties: Washington Statewide. HIGHWAY (Excludes D.O.E. Hanford Site in Benton and Franklin Counties) Modification Number Publication Date 0 01/ 02/2026 1 01/23/2026 CARP0059-021 06/01/2025 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND YAKIMA COUNTIES Rates Fringes CARPENTER Assistant Diver Tender, ROV Tender/Technician 50.76 17.28 Bridge, Dock, and Wharf Carpenter 48.21 17.28 Carpenter 44.21 17.28 Diver Standby 55. 24 17.28 Diver Tender, Manifold Operator, ROV Operator 54.24 17.28 Diver Wet 110.48 17.28 Manifold Operator-Mixed Gas $ 58.24 17.28 Piledriver: Includes driving, pulling, cutting, placing collars, setting, welding, or creosote treated material, on all piling 49.76 17.28 Employees may be required to perform any combination of work within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they received during their shift. CARP0096-002 06/01/2025 EXHIBIT 4 Federal Wage Determinations CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean) , PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM Counties Rates Fringes MILLWRIGHT 55.39 22.38 CARP0096-007 06/01/2025 SOUTHWEST WASHINGTON: CLARK, COWLITZ, LEWIS (Piledriver only) , PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to Willapa Bay to the Pacific Ocean) , SKAMANIA, and WAHKIAKUM Counties. Rates Fringes MILLWRIGHT 59. 35 22. 38 CARP0196-004 06/01/2025 CLARK, COWLITZ, *PACIFIC, SKAMANIA, AND WAHKIAKUM COUNTIES PORTION OF PACIFIC COUNTY SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO WILLAPA BAY TO THE PACIFIC OCEAN, AND THENCE NORTH THROUGH THE NATURAL WATERWAY TO THE PACIFIC OCEAN (THIS INCLUDES THE ENTIRE PENINSULA WEST OF WILLAPA BAY) Rates Fringes Piledriver 56.06 16.81 CARP0196-006 06/01/2025 CLALLAM, .GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, *PACIFIC, PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES PORTION OF PACIFIC COUNTY NORTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN COUNTIES OR PARTS OF COUNTIES EAST OF THE 120TH MERIDIAN Rates Fringes Piledriver 65.53 19. 13 CARP0206-009 06/ 01/2025 EXHIBIT 4 Federal Wage Determinations KING AND KITSAP COUNTIES Rates Fringes CARPENTER BRIDGE CARPENTER 65.58 19. 13 CARPENTER 63. 98 19. 13 DIVER TENDER 71.77 19. 13 DIVER 125.44 19.13 CARP0360-006 09/ 15/2025 PACIFIC COUNTY PORTION OF PACIFIC COUNTY NORTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN COUNTIES OR PARTS OF COUNTIES EAST OF THE 120TH MERIDIAN Rates Fringes Carpenters: Bridge Carpenter 65.58 19. 13 Carpenter/Drywall Hanger $ 63. 98 19. 13 Diver Tender 71.77 19. 13 Diver 125.44 19. 13 Employees may be required to perform any combination of work within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they received during their shift. CARP0360-007 06/ 01/2025 PACIFIC COUNTY PORTION OF PACIFIC COUNTY SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO WILLAPA BAY TO THE PACIFIC OCEAN, AND THENCE NORTH THROUGH THE NATURAL WATERWAY TO THE PACIFIC OCEAN (THIS INCLUDES THE ENTIRE PENINSULA WEST OF WILLAPA BAY) Rates Fringes Carpenters: CARPENTERS 54.69 16.81 DIVERS TENDERS 64.32 16.81 DIVERS 108.33 16.81 DRYWALL 54.59 16. 81 Employees may be required to perform any combination of work within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they EXHIBIT 4 Federal Wage Determinations received during their shift. CARP0360-013 06/ 01/2025 GRAYS HARBOR, LEWIS, MASON, PIERCE, AND THURSTON COUNTIES Rates Fringes CARPENTER BRIDGE CARPENTER 65. 58 19. 13 CARPENTER 63. 98 19. 13 DIVER TENDER 71 .77 19. 13 DIVER 125.44 19. 13 Employees may be required to perform any combination of work within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they received during their shift. CARP0425-006 09/ 15/2025 CLALLAM, ISLAND, JEFFERSON, SAN JUAN, SKAGIT, SNOHOMISH, AND WHATCOM COUNTIES Rates Fringes CARPENTER BRIDGE CARPENTER 65.58 19.13 CARPENTER 63.98 19. 13 DIVER TENDER 71 .77 19. 13 DIVER 125.44 19. 13 Employees may be required to perform any combination of work within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they received during their shift. CARP0503-021 06/01/2025 CLARK, COWLITZ, SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes Carpenters: CARPENTERS 54 .69 16. 81 DIVERS TENDERS 64 .32 16.81 DIVERS 108.33 16. 81 DRYWALL 54.59 16.81 Employees may be required to perform any combination of work EXHIBIT 4 Federal Wage Determinations within the Diving team/crew, (except for Dive Supervisor) provided they are paid at the highest rate of pay that they received during their shift. CARP1607-010 06/ 01/2025 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KLICKITAT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND YAKIMA COUNTIES Rates Fringes MILLWRIGHT 61.62 20. 43 ELEC0046-001 08/04/2025 CALLAM, JEFFERSON, KING AND KITSAP COUNTIES Rates Fringes CABLE SPLICER 83.56 33.71 ELECTRICIAN 75. 96 33.48 ELEC0048-003 01/01/2025 CLARK, KLICKITAT AND SKAMANIA COUNTIES Rates Fringes CABLE SPLICER 44.22 21.50 ELECTRICIAN 63.50 29.73 HOURLY ZONE PAY: Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Portland, The Dalles, Hood River, Tillamook, Seaside and Astoria Zone Pay: Zone 1: 31-50 miles $1.50/hour Zone 2: 51-70 miles $3.50/hour Zone 3: 71-90 miles $5.50/hour Zone 4 : Beyond 90 miles $9.00/hour These are not miles driven. Zones are based on Delorrne Street Atlas USA 2006 plus. EXHIBIT 4 Federal Wage Determinations ELEC0048-029 01/01/2025 COWLITZ AND WAHKIAKUM COUNTY Rates Fringes CABLE SPLICER 44 .22 21.50 ELECTRICIAN 63.50 29.73 ELEC0073-001 07/01/2025 ADAMS, FERRY, LINCOLN, PEND OREILLE, SPOKANE, STEVENS, WHITMAN COUNTIES Rates Fringes CABLE SPLICER 34.10 16. 68 ELECTRICIAN 49.55 19.09 ELEC0076-002 08/ 31/2025 GRAYS HARBOR, LEWIS, MASON, PACIFIC, PIERCE, AND THURSTON COUNTIES Rates Fringes CABLE SPLICER 71. 65 26.76 ELECTRICIAN 65. 14 26.56 ELEC0112-005 06/01/2025 ASOTIN, BENTON, COLUMBIA, FRANKLIN, GARFIELD, KITTITAS, WALLA WALLA, YAKIMA COUNTIES Rates Fringes CABLE SPLICER 63.00 27. 87 ELECTRICIAN 60.00 27.78 ELEC0191-003 06/01/2022 ISLAND, SAN JUAN, SNOHOMISH, SKAGIT AND WHATCOM COUNTIES Rates Fringes CABLE SPLICER 44 .23 17.73 ELECTRICIAN 53. 20 27 .51 ELEC0191-004 06/01/2018 CHELAN, DOUGLAS, GRANT AND OKANOGAN COUNTIES EXHIBIT 4 Federal Wage Determinations Rates Fringes CABLE SPLICER 40.82 17.63 ELECTRICIAN 42.45 21 .34 ENGI0302-092 06/01/2025 KING AND SNOHOMISH COUNTIES Rates Fringes POWER EQUIPMENT OPERATOR Group 1 61.93 27 . 57 Group lA 62.85 27. 57 Group IAA 63.75 27. 57 Group lAAA 64 .66 27.57 Group 2 61.14 27. 57 Group 3 60.46 27.57 Group 4 56. 63 27.57 POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group lAAA Cranes: 300 tons and over or 300? of boom including jib with attachments; Cranes Friction: 200 tons and over; Tower Cranes: over 250? in height from base to boom. Group IAA Cranes: 200 tons- 299 tons, or 250? of boom including jib with attachments; Cranes: Friction cranes through 199 tons; Leverman; Shovel, Excavator, Backhoes: over 90 metric tons; Tower Crane: over 175? through 250? in height, base to boom. Group lA Cranes: 100 tons through 199 tons, or 150? of boom (including jib with attachments) ; Drilling Machine; Overhead, bridge type: 100 tons and over; Tower Crane: up to 175? in height base to boom; Loader: Overhead 8 yards & over; Shovel, Excavator, Backhoes: over 50 metric tons and up to 90 metric tons; Mechanics. Group 1 Asphalt plant Operators; Cableways; Concrete Pump: Truck mount with boom attachment over 42M; Cranes: 45 tons through 99 tons, under 150? of boom (including jib with attachments) ; Overhead, bridge type: 45 tons through 99 tons; Derricks: on building work; Hard Tail End Dump: articulating off-road equipment 45 yards & over; Loader: Overhead 6 yards but not including 8 yards; Motor Patrol Graders; Mucking Machine, Mole, Tunnel Drill, Boring, Road Header and/or Shield; Quad 9, HD 41, D10 and over; Remote Control Operator on rubber tired earth moving equipment; Rollagon; Scrapers, self-propelled: 45 yards and over; EXHIBIT 4 Federal Wage Determinations Spreader: Topsider & Screedman; Shovel, Excavator, Backhoe: over 30 metric tons and up to 50 metric tons; Slipform Pavers; Transporters: all track or truck type; Welder. Group 2 Batch Plant Operator: concrete; Barrier Machine: (Zipper) ; Bump Cutter; Cranes: 20 tons through 44 tons with attachments; Overhead, bridge type Crane: 20 tons through 44 tons; Chipper; Concrete Pump: truck mount with boom attachment up to 42M; Crusher; Deck Engineer/Deck Winches Power) ; Grade Engineer: using blue prints, cut sheets, etc. ; -Finishing Machine: Bidwell and Gamaco & Similar Equipment; Guardrail Punch; Hard Tail End Dump: articulating off-road equipment under 45 yards; Horizontal/Directional Drill Operator; Loaders: Overhead under 6 yards; Loaders: Plant Feed; Locomotives: all; Material Transfer Device; Piledriver: (other than crane mount) ; Quick Tower: no cab, under 100 feet in height base to boom; Roto-Mill, Roto-Grinder; Shovel, Excavator, Backhoe, Tractor: 15 to 30 metric tons; Subgrader Trimmer; Scraper: self propelled under 45 yards; Truck Crane Oiler/Driver: 100 tons and over; Truck Mount Portable Conveyor; -Vac Truck (Vactor Guzzler, Hydro Excavator) ; Yo Yo Pay Dozer. Group 3 Cranes: through 19 tons with attachments, A-frame over 10 tons; Concrete Pump: Mounted or trailer high pressure line pump, pump high pressure; Conveyors; Dozers: D-9 & under; Drill Oilers: auger type, truck or crane mount; Forklift: 3000 lbs and over with attachments; Horizontal/Directional Drill Locator; Outside Hoists (Elevators and Manlifts) , Air Tuggers, Strato; Tower Bucket Elevators; Hydralifts/Boom trucks: over 10 tons; Loaders: elevating type belt; Plant Oiler: asphalt, crusher; Rigger/Signal Person, Bellman Certified) ; Roller: plant mix or multi-lift materials; Saws: Concrete; Scrapers: concrete & carry all Service Engineers: equipment; Trenching Machines; Truck Crane Oiler/Driver: under 100 tons; Shovel, Excavator, Backhoe, Tractors: under 15 metric tons. Group 4 Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine: Laser Screed; Cranes, A-frame: 10 tons and under; Elevator and man-lift: permanent and shaft type; Forklifts: under 3000 lbs. with attachments; Gradechecker/Stakeman; Hydralifts/Boom Trucks: 10 tons and under; Oil distributors, Blower Distribution & Mulch Seeding Operator; Pavement Breaker; Posthole Digger: mechanical; Power Plant; Pumps: water; -Rigger and Bellman; Roller: other than plant mix; Wheel Tractors: Farm all type; Shotcrete/Gunite Equipment; Brokk: Remote demolition equipment EXHIBIT 4 Federal Wage Determinations ENGI0302-093 06/01/2025 SKAGIT AND WHATCOM COUNTIES Rates Fringes POWER EQUIPMENT OPERATOR Group 1 61 .47 27. 57 Group lA 62.39 27. 57 Group IAA 63.29 27 . 57 Group lAAA 64 .19 27 . 57 Group 2 60.69 27 . 57 Group 3 60.02 27 .57 Group 4 56.19 27 .57 POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group lAAA Cranes: 300 tons and over or 300? of boom including jib with attachments; Cranes Friction: 200 tons and over; Tower Cranes: over 250? in height from base to boom. Group IAA Cranes: 200 tons- 299 tons, or 250? of boom including jib with attachments; Cranes: Friction cranes through 199 tons; Leverman; Shovel, Excavator, Backhoes: over 90 metric tons; Tower Crane: over 175? through 250? in height, base to boom. Group lA Cranes: 100 tons through 199 tons, or 150? of boom (including jib with attachments) ; Drilling Machine; Overhead, bridge type: 100 tons and over; Tower Crane: up to 175? in height base to boom; Loader: Overhead 8 yards & over; Shovel, Excavator, Backhoes: over 50 metric tons and up to 90 metric tons; Mechanics. Group 1 Asphalt plant Operators; Cableways; Concrete Pump: Truck mount with boom attachment over 42M; Cranes: 45 tons through 99 tons, under 150? of boom (including jib with attachments) ; Overhead, bridge type: 45 tons through 99 tons; Derricks: on building work; Hard Tail End Dump: articulating off-road equipment 45 yards & over; Loader: Overhead 6 yards but not including 8 yards; Motor Patrol Graders; Mucking Machine, Mole, Tunnel Drill, Boring, Road Header and/or Shield; Quad 9, HD 41, D10 and over; Remote Control Operator on rubber tired earth moving equipment; Rollagon; Scrapers, self-propelled: 45 yards and over; Spreader: Topsider & Screedman; Shovel, Excavator, Backhoe: over 30 metric tons and up to 50 metric tons; Slipform Pavers; Transporters: all track or truck type; Welder. Group 2 EXHIBIT 4 Federal Wage Determinations Batch Plant Operator: concrete; Barrier Machine: (Zipper) ; Bump Cutter; Cranes: 20 tons through 44 tons with attachments; Overhead, bridge type Crane: 20 tons through 44 tons; Chipper; Concrete Pump: truck mount with boom attachment up to 42M; Crusher; Deck Engineer/Deck Winches Power) ; Grade Engineer: using blue prints, cut sheets, etc. ; -Finishing Machine: Bidwell and Gamaco & Similar Equipment; Guardrail Punch; Hard Tail End Dump: articulating off-road equipment under 45 yards; Horizontal/Directional Drill Operator; Loaders: Overhead under 6 yards; Loaders: Plant Feed; Locomotives: all; Material Transfer Device; Piledriver: (other than crane mount) ; Quick Tower: no cab, under 100 feet in height base to boom; Roto-Mill, Roto-Grinder; Shovel, Excavator, Backhoe, Tractor: 15 to 30 metric tons; Subgrader Trimmer; Scraper: self propelled under 45 yards; Truck Crane Oiler/Driver: 100 tons and over; Truck Mount Portable Conveyor; -Vac Truck (Vactor Guzzler, Hydro Excavator) ; Yo Yo Pay Dozer. Group 3 Cranes: through 19 tons with attachments, A-frame over 10 tons; Concrete Pump: Mounted or trailer high pressure line pump, pump high pressure; Conveyors; Dozers: D-9 & under; Drill Oilers: auger type, truck or crane mount; Forklift: 3000 lbs and over with attachments; Horizontal/Directional Drill Locator; Outside Hoists (Elevators and Manlifts) , Air Tuggers, Strato; Tower Bucket Elevators; Hydralifts/Boom trucks: over 10 tons; Loaders: elevating type belt; Plant Oiler: asphalt, crusher; Rigger/Signal Person, Bellman Certified) ; Roller: plant mix or multi-lift materials; Saws: Concrete; Scrapers: concrete & carry all Service Engineers: equipment; Trenching Machines; Truck Crane Oiler/Driver: under 100 tons; Shovel, Excavator, Backhoe, Tractors: under 15 metric tons. Group 4 Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine: Laser Screed; Cranes, A-frame: 10 tons and under; Elevator and man-lift: permanent and shaft type; Forklifts: under 3000 lbs. with attachments; Gradechecker/Stakeman; Hydralifts/Boom Trucks: 10 tons and under; Oil distributors, Blower Distribution & Mulch Seeding Operator; Pavement Breaker; Posthole Digger: mechanical; Power Plant; Pumps: water; -Rigger and Bellman; Roller: other than plant mix; Wheel Tractors: Farm all type; Shotcrete/Gunite Equipment; Brokk: Remote demolition equipment ENGI0302-094 06/01/2025 KITSAP COUNTY EXHIBIT 4 Federal Wage Determinations Rates Fringes POWER EQUIPMENT OPERATOR Group 1 60 .93 27 .57 Group lA 61 .83 27. 57 Group lAA 62.73 27.57 Group lAAA 63.62 27.57 Group 2 60.14 27.57 Group 3 59.49 27 .57 Group 4 55.68 27 .57 POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group lAAA Cranes: 300 tons and over or 300? of boom including jib with attachments; Cranes Friction: 200 tons and over; Tower Cranes: over 250? in height from base to boom. Group lAA Cranes: 200 tons- 299 tons, or 250? of boom including jib with attachments; Cranes: Friction cranes through 199 tons; Leverman; Shovel, Excavator, Backhoes: over 90 metric tons; Tower Crane: over 175? through 250? in height, base to boom. Group lA Cranes: 100 tons through 199 tons, or 150? of boom (including jib with attachments) ; Drilling Machine; Overhead, bridge type: 100 tons and over; Tower Crane: up to 175? in height base to boom; Loader: Overhead 8 yards & over; Shovel, Excavator, Backhoes: over 50 metric tons and up to 90 metric tons; Mechanics. Group 1 Asphalt plant Operators; Cableways; Concrete Pump: Truck mount with boom attachment over 42M; Cranes: 45 tons through 99 tons, under 150? of boom (including jib with attachments) ; Overhead, bridge type: 45 tons through 99 tons; Derricks: on building work; Hard Tail End Dump: articulating off-road equipment 45 yards & over; Loader: Overhead 6 yards but not including 8 yards; Motor Patrol Graders; Mucking Machine, Mole, Tunnel Drill, Boring, Road Header and/or Shield; Quad 9, HD 41, D10 and over; Remote Control Operator on rubber tired earth moving equipment; Rollagon; Scrapers, self-propelled: 45 yards and over; Spreader: Topsider & Screedman; Shovel, Excavator, Backhoe: over 30 metric tons and up to 50 metric tons; Slipform Pavers; Transporters: all track or truck type; Welder. Group 2 Batch Plant Operator: concrete; Barrier Machine: (Zipper) ; Bump Cutter; Cranes: 20 tons through 44 tons with attachments; Overhead, bridge type Crane: 20 tons through 44 tons; Chipper; Concrete Pump: truck mount with boom attachment up to 42M; Crusher; Deck Engineer/Deck Winches EXHIBIT 4 Federal Wage Determinations Power) ; Grade Engineer: using blue prints, cut sheets, etc. ; -Finishing Machine: Bidwell and Gamaco & Similar Equipment; Guardrail Punch; Hard Tail End Dump: articulating off-road equipment under 45 yards; Horizontal/Directional Drill Operator; Loaders: Overhead under 6 yards; Loaders: Plant Feed; Locomotives: all; Material Transfer Device; Piledriver: (other than crane mount) ; Quick Tower: no cab, under 100 feet in height base to boom; Roto-Mill, Roto-Grinder; Shovel, Excavator, Backhoe, Tractor: 15 to 30 metric tons; Subgrader Trimmer; Scraper: self propelled under 45 yards; Truck Crane Oiler/Driver: 100 tons and over; Truck Mount Portable Conveyor; -Vac Truck (Vactor Guzzler, Hydro Excavator) ; Yo Yo Pay Dozer. Group 3 Cranes: through 19 tons with attachments, A-frame over 10 tons; Concrete Pump: Mounted or trailer high pressure line pump, pump high pressure; Conveyors; Dozers: D-9 & under; Drill Oilers: auger type, truck or crane mount; Forklift: 3000 lbs and over with attachments; Horizontal/Directional Drill Locator; Outside Hoists (Elevators and Manlifts) , Air Tuggers, Strato; Tower Bucket Elevators; Hydralifts/Boom trucks: over 10 tons; Loaders: elevating type belt; Plant Oiler: asphalt, crusher; Rigger/Signal Person, Bellman Certified) ; Roller: plant mix or multi-lift materials; Saws: Concrete; Scrapers: concrete & carry all Service Engineers: equipment; Trenching Machines; Truck Crane Oiler/Driver: under 100 tons; Shovel, Excavator, Backhoe, Tractors: under 15 metric tons. Group 4 Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine: Laser Screed; Cranes, A-frame: 10 tons and under; Elevator and man-lift: permanent and shaft type; Forklifts: under 3000 lbs. with attachments; Gradechecker/Stakeman; Hydralifts/Boom Trucks: 10 tons and under; Oil distributors, Blower Distribution & Mulch Seeding Operator; Pavement Breaker; Posthole Digger: mechanical; Power Plant; Pumps: water; -Rigger and Bellman; Roller: other than plant mix; Wheel Tractors: Farm all type; Shotcrete/Gunite Equipment; Brokk: Remote demolition equipment ENGI0302-095 06/01/2025 CHELAN(WEST OF THE 120TH MERIDIAN) , CLALLAM, DOUGLAS(WEST OF THE 120TH MERIDIAN) , GRAYS HARBOR, ISLAND, JEFFERSON, KITTITAS (WEST OF THE 120TH MERIDIAN) , MASON, OKANOGAN(WEST OF THE 120TH MERIDIAN) , SAN JUNA, AND YAKIMA(WEST OF THE 120TH MERIDIAN) COUNTIES EXHIBIT 4 Federal Wage Determinations Rates Fringes POWER EQUIPMENT OPERATOR Group 1 60.67 27. 57 Group lA 61.56 27. 57 Group IAA 62.47 27. 57 Group lAAA 63.35 27.57 Group 2 59.88 27 .57 Group 3 59.23 27. 57 Group 4 55.43 27 . 57 POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 'AAA Cranes: 300 tons and over or 300? of boom including jib with attachments; Cranes Friction: 200 tons and over; Tower Cranes: over 250? in height from base to boom. Group IAA Cranes: 200 tons- 299 tons, or 250? of boom including jib with attachments; Cranes: Friction cranes through 199 tons; Leverman; Shovel, Excavator, Backhoes: over 90 metric tons; Tower Crane: over 175? through 250? in height, base to boom. Group lA Cranes: 100 tons through 199 tons, or 150? of boom (including jib with attachments) ; Drilling Machine; Overhead, bridge type: 100 tons and over; Tower Crane: up to 175? in height base to boom; Loader: Overhead 8 yards & over; Shovel, Excavator, Backhoes: over 50 metric tons and up to 90 metric tons; Mechanics. Group 1 Asphalt plant Operators; Cableways; Concrete Pump: Truck mount with boom attachment over 42M; Cranes: 45 tons through 99 tons, under 150? of boom (including jib with attachments) ; Overhead, bridge type: 45 tons through 99 tons; Derricks: on building work; Hard Tail End Dump: articulating off-road equipment 45 yards & over; Loader: Overhead 6 yards but not including 8 yards; Motor Patrol Graders; Mucking Machine, Mole, Tunnel Drill, Boring, Road Header and/or Shield; Quad 9, HD 41, D10 and over; Remote Control Operator on rubber tired earth moving equipment; Rollagon; Scrapers, self-propelled: 45 yards and over; Spreader: Topsider & Screedman; Shovel, Excavator, Backhoe: over 30 metric tons and up to 50 metric tons; Slipform Pavers; Transporters: all track or truck type; Welder. Group 2 Batch Plant Operator: concrete; Barrier Machine: (Zipper) ; Bump Cutter; Cranes: 20 tons through 44 tons with attachments; Overhead, bridge type Crane: 20 tons through 44 tons; Chipper; Concrete Pump: truck mount with boom attachment up to 42M; Crusher; Deck Engineer/Deck Winches EXHIBIT 4 Federal Wage Determinations Power) ; Grade Engineer: using blue prints, cut sheets, etc. ; -Finishing Machine: Bidwell and Gamaco & Similar Equipment; Guardrail Punch; Hard Tail End Dump: articulating off-road equipment under 45 yards; Horizontal/Directional Drill Operator; Loaders: Overhead under 6 yards; Loaders: Plant Feed; Locomotives: all; Material Transfer Device; Piledriver: (other than crane mount) ; Quick Tower: no cab, under 100 feet in height base to boom; Roto-Mill, Roto-Grinder; Shovel, Excavator, Backhoe, Tractor: 15 to 30 metric tons; Subgrader Trimmer; Scraper: self propelled under 45 yards; Truck Crane Oiler/Driver: 100 tons and over; Truck Mount Portable Conveyor; -Vac Truck (Vactor Guzzler, Hydro Excavator) ; Yo Yo Pay Dozer. Group 3 Cranes: through 19 tons with attachments, A-frame over 10 tons; Concrete Pump: Mounted or trailer high pressure line pump, pump high pressure; Conveyors; Dozers: D-9 & under; Drill Oilers: auger type, truck or crane mount; Forklift: 3000 lbs and over with attachments; Horizontal/Directional Drill Locator; Outside Hoists (Elevators and Manlifts) , Air Tuggers, Strato; Tower Bucket Elevators; Hydralifts/Boom trucks: over 10 tons; Loaders: elevating type belt; Plant Oiler: asphalt, crusher; Rigger/Signal Person, Bellman Certified) ; Roller: plant mix or multi-lift materials; Saws: Concrete; Scrapers: concrete & carry all Service Engineers: equipment; Trenching Machines; Truck Crane Oiler/Driver: under 100 tons; Shovel, Excavator, Backhoe, Tractors: under 15 metric tons. Group 4 Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine: Laser Screed; Cranes, A-frame: 10 tons and under; Elevator and man-lift: permanent and shaft type; Forklifts: under 3000 lbs. with attachments; Gradechecker/Stakeman; Hydralifts/Boom Trucks: 10 tons and under; Oil distributors, Blower Distribution & Mulch Seeding Operator; Pavement Breaker; Posthole Digger: mechanical; Power Plant; Pumps: water; -Rigger and Bellman; Roller: other than plant mix; Wheel Tractors: Farm all type; Shotcrete/Gunite Equipment; Brokk: Remote demolition equipment ENGI0302-124 06/01/2025 ASOTIN, BENTON, FRANKLIN, GARFIELD, LINCOLN, SPOKANE, STEVENS, WALLA WALLA, AND WHITMAN Rates Fringes POWER EQUIPMENT OPERATOR EXHIBIT 4 Federal Wage Determinations GROUP 1 38. 17 23. 40 GROUP 2 38.56 23.40 GROUP 3 39.31 23.40 GROUP 4 39. 51 23. 40 GROUP 5 39.71 23. 40 GROUP 6 40.00 23.40 GROUP 7 40.39 23.40 GROUP 8 42 .36 23.40 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bit Grinders; Bolt Threading Machine; Compressors under 2000 CFM, gas, diesel, or electric power) ; Deck Hand; Fireman & Heater Tender; Hydro-seeder, Mulcher, Nozzleman; Oiler Driver, & Cable Tender, Mucking Machine; Pumpman; Rollers, all types on subgrade, including seal and chip coatings (farm type, Case, John Deere & similar, or Compacting Vibrator) , except when pulled by Dozer with operable blade; Welding Machine; Crane Oiler-Driver (CLD required) & Cable Tender, Mucking Machine GROUP 2: A-frame Truck (single drum) ; Assistant Refrigeration Plant (under 1000 ton) ; Assistant Plant Operator, Fireman or Pugmixer (asphalt) ; Bagley or Stationary Scraper; Belt Finishing Machine; Blower Operator (cement) ; Cement Hog; Compressor (2000 CFM or over, 2 or more, gas diesel or electric power) ; Concrete Saw (multiple cut) ; Distributor Leverman; Ditch Witch or similar; Elevator Hoisting Materials; Dope Pots (power agitated) ; Fork Lift or Lumber Stacker, hydra-lift & similar; Gin Trucks (pipeline) ; Hoist, single drum; Loaders (bucket elevators and conveyors) ; Longitudinal Float; Mixer (portable-concrete) ; Pavement Breaker, Hydra-Hammer & similar; Power Broom; Railroad Ballast Regulation Operator (self-propelled) ; Railroad Power Tamper Operator (self-propelled) ; Railroad Tamper Jack Operator (self-propelled; Spray Curing Machine concrete) ; Spreader Box (self-propelled) ; Straddle Buggy Ross & similar on construction job only) ; Tractor (Farm type R/T with attachment, except Backhoe) ; Tugger Operator GROUP 3: A-frame Truck (2 or more drums) ; Assistant Refrigeration Plant & Chiller Operator (over 1000 ton) ; Backfillers (Cleveland & similar) ; Batch Plant & Wet Mix Operator, single unit (concrete) ; Belt-Crete Conveyors with power pack or similar; Belt Loader (Kocal or similar) ; Bending Machine; Bob Cat (Skid Steer) ; Boring Machine earth) ; Boring Machine (rock under 8 inch bit) (Quarry Master, Joy or similar) ; Bump Cutter (Wayne, Saginau or similar) ; Canal Lining Machine (concrete) ; Chipper (without crane) ; Cleaning & Doping Machine (pipeline) ; Deck Engineer; Elevating Belt-type Loader (Euclid, Barber Green similar) ; Elevating Grader-type Loader (Dumor, Adams or similar) ; Generator Plant Engineers (diesel or electric) ; Gunnite Combination Mixer & Compressor; Locomotive S EXHIBIT 4 Federal Wage Determinations Engineer; Mixermobile; Mucking Machine; Posthole Auger or Punch; Pump (grout or jet) ; Soil Stabilizer (P & H or similar) ; Spreader Machine; Dozer/Tractor (up to D-6 or equivalent) and Traxcavator; Traverse Finish Machine; Turnhead Operator GROUP 4: Concrete Pumps (squeeze-crete, flow-crete, pump- crete, Whitman & similar) ; Curb Extruder (asphalt or concrete) ; Drills (churn, core, calyx or diamond) ; Equipment Serviceman; Greaser & Oiler; Hoist (2 or more drums or Tower Hoist) ; Loaders (overhead & front-end, under 4 yds. R/T) ; Refrigeration Plant Engineer (under 1000 ton) ; Rubber-tired Skidders (R/T with or without attachments) ; Surface Heater & Plant Machine; Trenching Machines (under 7 ft. depth capacity) ; Turnhead (with re-screening) ; Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5: Backhoe (under 45,000 gw) ; Backhoe & Hoe Ram (under 3/4 yd.) ; Carrydeck & Boom Truck (under 25 tons) ; Cranes 25 tons & under) , all attachments including clamshell, dragline; Derricks & Stifflegs (under 65 tons) ; Drilling Equipment(8 inch bit & over) (Robbins, reverse circulation similar) ; Hoe Ram; Piledriving Engineers; Paving (dual drum) ; Railroad Track Liner Operaotr (self-propelled) ; Refrigeration Plant Engineer (1000 tons & over) ; Signalman Whirleys, Highline Hammerheads or similar) ; Grade Checker GROUP 6: Asphalt Plant Operator; Automatic Subgrader (Ditches Trimmers) (Autograde, ABC, R.A. Hansen & similar on grade wire) ; Backhoe (45, 000 gw and over to 110,000 gw) ; Backhoes Hoe Ram (3/4 yd. to 3 yd. ) ; Batch Plant (over 4 units) ; Batch & Wet Mix Operator (multiple units, 2 & incl. 4) ; Blade Operator (motor patrol & attachments) ; Cable Controller (dispatcher) ; Compactor (self-propelled with blade) ; Concrete Pump Boom Truck; Concrete Slip Form Paver; Cranes (over 25 tons, to and including 45 tons) , all attachments including clamshell, dragline; Crusher, Grizzle Screening Plant Operator; Dozer, 834 R/T & similar; Drill Doctor; Loader Operator (front-end & overhead, 4 yds. incl. 8 yds.) ; Multiple Dozer Units with single blade; Paving Machine (asphalt and concrete) ; Quad-Track or similar equipment; Rollerman (finishing asphalt pavement) ; Roto Mill (pavement grinder) ; Scrapers, all, rubber-tired; Screed Operator; Shovel (under 3 yds.) ; Trenching Machines 7 ft. depth & over) ; Tug Boat Operator Vactor guzzler, super sucker; Lime Batch Tank Operator (REcycle Train) ; Lime Brain Operator (Recycle Train) ; Mobile Crusher Operator (Recycle Train) GROUP 7: Backhoe (over 110,000 gw) ; Backhoes & Hoe Ram (3 yds over) ; Blade (finish & bluetop) Automatic, CMI, ABC, Finish Athey & Huber & similar when used as automatic; Cableway Operators; Concrete Cleaning/Decontamination machine operator; Cranes (over 45 tons to but not including EXHIBIT 4 Federal Wage Determinations 85 tons) , all attachments including clamshell and dragine; Derricks & Stiffleys (65 tons & over) ; Elevating Belt Holland type) ; Heavy equipment robotics operator; Loader 360 degrees revolving Koehring Scooper or similar) ; Loaders (overhead & front-end, over 8 yds. to 10 yds.) ; Rubber-tired Scrapers (multiple engine with three or more scrapers) ; Shovels (3 yds. & over) ; Whirleys & Hammerheads, ALL; H.D. Mechanic; H.D. Welder; Hydraulic Platform Trailers (Goldhofer, Shaurerly andSimilar) ; Ultra High Pressure Wateriet Cutting Tool System Operator (30,000 psi) ; Vacuum Blasting Machine Operator GROUP 8: Cranes (85 tons and over, and all climbing, overhead, rail and tower) , all attachments including clamshell, dragline; Loaders (overhead and front-end, 10 yards and over) ; Helicopter Pilot ENGI0302-125 06/01/2025 ADAMS, CHELAN (EAST OF THE 120TH MERIDIAN) , COLUMBIA, DOUGLAS EAST OF THE 120TH MERIDIAN) , FERRY, GRANT, OKANOGAN (EAST OF THE 120TH MERIDIAN) , PEND OREILLE, STEVENS, AND YAKIMA (EAST OF THE 120TH MERIDIAN) COUNTIES Rates Fringes POWER EQUIPMENT OPERATOR GROUP 1 41 . 17 23.40 GROUP 2 41.56 23. 40 GROUP 3 42. 31 23.40 GROUP 4 42.51 23. 40 GROUP 5 42.71 23.40 GROUP 6 43.05 23. 40 GROUP 7 43.39 23. 40 GROUP 8 45.36 23.40 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bit Grinders; Bolt Threading Machine; Compressors under 2000 CFM, gas, diesel, or electric power) ; Deck Hand; Fireman & Heater Tender; Hydro-seeder, Mulcher, Nozzleman; Oiler Driver, & Cable Tender, Mucking Machine; Pumpman; Rollers, all types on subgrade, including seal and chip coatings (farm type, Case, John Deere & similar, or Compacting Vibrator) , except when pulled by Dozer with operable blade; Welding Machine; Crane Oiler-Driver (CLD required) & Cable Tender, Mucking Machine GROUP 2: A-frame Truck (single drum) ; Assistant Refrigeration Plant (under 1000 ton) ; Assistant Plant Operator, Fireman or Pugmixer (asphalt) ; Bagley or Stationary Scraper; Belt Finishing Machine; Blower Operator (cement) ; Cement Hog; EXHIBIT 4 Federal Wage Determinations Compressor (2000 CFM or over, 2 or more, gas diesel or electric power) ; Concrete Saw (multiple cut) ; Distributor Leverman; Ditch Witch or similar; Elevator Hoisting Materials; Dope Pots (power agitated) ; Fork Lift or Lumber Stacker, hydra-lift & similar; Gin Trucks (pipeline) ; Hoist, single drum; Loaders (bucket elevators and conveyors) ; Longitudinal Float; Mixer (portable-concrete) ; Pavement Breaker, Hydra-Hammer & similar; Power Broom; Railroad Ballast Regulation Operator (self-propelled) ; Railroad Power Tamper Operator (self-propelled) ; Railroad Tamper Jack Operator (self-propelled; Spray Curing Machine concrete) ; Spreader Box (self-propelled) ; Straddle Buggy Ross & similar on construction job only) ; Tractor (Farm type R/T with attachment, except Backhoe) ; Tugger Operator GROUP 3: A-frame Truck (2 or more drums) ; Assistant Refrigeration Plant & Chiller Operator (over 1000 ton) ; Backfillers (Cleveland & similar) ; Batch Plant & Wet Mix Operator, single unit (concrete) ; Belt-Crete Conveyors with power pack or similar; Belt Loader (Kocal or similar) ; Bending Machine; Bob Cat (Skid Steer) ; Boring Machine earth) ; Boring Machine (rock under 8 inch bit) (Quarry Master, Joy or similar) ; Bump Cutter (Wayne, Saginau or similar) ; Canal Lining Machine (concrete) ; Chipper (without crane) ; Cleaning & Doping Machine (pipeline) ; Deck Engineer; Elevating Belt-type Loader (Euclid, Barber Green similar) ; Elevating Grader-type Loader (Dumor, Adams or similar) ; Generator Plant Engineers (diesel or electric) ; Gunnite Combination Mixer & Compressor; Locomotive Engineer; Mixermobile; Mucking Machine; Posthole Auger or Punch; Pump (grout or jet) ; Soil Stabilizer (P & H or similar) ; Spreader Machine; Dozer/Tractor (up to D-6 or equivalent) and Traxcavator; Traverse Finish Machine; Turnhead Operator GROUP 4: Concrete Pumps (squeeze-crete, flow-crete, pump- crete, Whitman & similar) ; Curb Extruder (asphalt or concrete) ; Drills (churn, core, calyx or diamond) ; Equipment Serviceman; Greaser & Oiler; Hoist (2 or more drums or Tower Hoist) ; Loaders (overhead & front-end, under 4 yds. R/T) ; Refrigeration Plant Engineer (under 1000 ton) ; Rubber-tired Skidders (R/T with or without attachments) ; Surface Heater & Plant Machine; Trenching Machines (under 7 ft. depth capacity) ; Turnhead (with re-screening) ; Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5: Backhoe (under 45,000 gw) ; Backhoe & Hoe Ram (under 3/4 yd.) ; Carrydeck & Boom Truck (under 25 tons) ; Cranes 25 tons & under) , all attachments including clamshell, dragline; Derricks & Stifflegs (under 65 tons) ; Drilling Equipment(8 inch bit & over) (Robbins, reverse circulation similar) ; Hoe Ram; Piledriving Engineers; Paving (dual drum) ; Railroad Track Liner Operaotr (self-propelled) ; Refrigeration Plant Engineer (1000 tons & over) ; Signalman EXHIBIT 4 Federal Wage Determinations Whirleys, Highline Hammerheads or similar) ; Grade Checker GROUP 6: Asphalt Plant Operator; Automatic Subgrader (Ditches Trimmers) (Autograde, ABC, R.A. Hansen & similar on grade wire) ; Backhoe (45, 000 gw and over to 110,000 gw) ; Backhoes Hoe Ram (3/ 4 yd. to 3 yd. ) ; Batch Plant (over 4 units) ; Batch & Wet Mix Operator (multiple units, 2 & incl. 4) ; Blade Operator (motor patrol & attachments) ; Cable Controller (dispatcher) ; Compactor (self-propelled with blade) ; Concrete Pump Boom Truck; Concrete Slip Form Paver; Cranes (over 25 tons, to and including 45 tons) , all attachments including clamshell, dragline; Crusher, Grizzle Screening Plant Operator; Dozer, 834 R/T & similar; Drill Doctor; Loader Operator (front-end & overhead, 4 yds. incl. 8 yds. ) ; Multiple Dozer Units with single blade; Paving Machine (asphalt and concrete) ; Quad-Track or similar equipment; Rollerman (finishing asphalt pavement) ; Roto Mill (pavement grinder) ; Scrapers, all, rubber-tired; Screed Operator; Shovel (under 3 yds. ) ; Trenching Machines 7 ft. depth & over) ; Tug Boat Operator Vactor guzzler, super sucker; Lime Batch Tank Operator (REcycle Train) ; Lime Brain Operator (Recycle Train) ; Mobile Crusher Operator (Recycle Train) GROUP 7: Backhoe (over 110, 000 gw) ; Backhoes & Hoe Ram (3 yds over) ; Blade (finish & bluetop) Automatic, CMI, ABC, Finish Athey & Huber & similar when used as automatic; Cableway Operators; Concrete Cleaning/Decontamination machine operator; Cranes (over 45 tons to but not including 85 tons) , all attachments including clamshell and dragine; Derricks & Stiffleys (65 tons & over) ; Elevating Belt Holland type) ; Heavy equipment robotics operator; Loader 360 degrees revolving Koehring Scooper or similar) ; Loaders (overhead & front-end, over 8 yds. to 10 yds. ) ; Rubber-tired Scrapers (multiple engine with three or more scrapers) ; Shovels (3 yds. & over) ; Whirleys & Hammerheads, ALL; H.D. Mechanic; H.D. Welder; Hydraulic Platform Trailers (Goldhofer, Shaurerly andSimilar) ; Ultra High Pressure Wateriet Cutting Tool System Operator (30,000 psi) ; Vacuum Blasting Machine Operator GROUP 8: Cranes (85 tons and over, and all climbing, overhead, rail and tower) , all attachments including clamshell, dragline; Loaders (overhead and front-end, 10 yards and over) ; Helicopter Pilot ENGI0612-001 06/ 01/2025 PIERCE County ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 90% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. EXHIBIT 4 Federal Wage Determinations Zone 1 (0-25 radius miles) : Rates Fringes POWER EQUIPMENT OPERATOR GROUP lA 62.32 27.32 GROUP lAA 63.22 27.32 GROUP lAAA 64 .11 27. 32 GROUP 1 61 .41 27. 32 GROUP 2 60.63 27. 32 GROUP 3 59.96 27 . 32 GROUP 4 56. 15 27 . 32 Zone Differential (Add to Zone 1 rates) : Zone 2 (26- 45 radius miles) = $1.00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: CENTRALIA, OLYMPIA, TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 AAA - Cranes-over 300 tons or 300 ft of boom including jib with attachments) GROUP lAA - Cranes- 200 tonsto 300 tons, or 250 ft of boom including jib with attachments; Tower crane over 175 ft in height, bas to boom GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom including jib with attachments) ; Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons under 150 ft of boom (including jib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off-road equipment 45 yards and over; Loader- overhead, 6 yards to, but not including, 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9 HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers-self-propelled 45 yards and over; Slipform pavers; Transporters, all track or truck type GROUP 2 - Barrier machine (zipper) ; Batch Plant Operator- concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane-Overhead, bridge type, 20 tons through 44 tons; Chipper; Concrete pump-truck mount with boom attachment; Crusher; Deck engineer/deck winches (power) ; Drilling machine; Excavator, shovel, backhoe-3 yards and EXHIBIT 4 Federal Wage Determinations under; Finishing machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Loaders, overhead under 6 yards; Loaders-plant feed; Locomotives-all; Mechanics- all; Mixers, asphalt plant; Motor patrol graders, finishing; Piledriver (other than crane mount) ; Roto-mill, roto- grinder; Screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper-self- propelled, hard tail end dump, articulating off-road equipment- under 45 yards; Subgrader trimmer; Tractors, backhoe over 75 hp; Transfer material service machine-shuttle buggy, Blaw Knox- Roadtec; Truck Crane oiler/driver-100 tons and over; Truck Mount Portable Conveyor; Yo Yo pay GROUP 3 - Conveyors; Cranes through 19 tons with attachments; Crane-A-frame over 10 tons; Drill oilers-auger type, truck or crane mount; Dozer-D-9 and under; Forklift-3000 lbs. and over with attachments; Horizontal/directional drill locator; Outside Hoists-(elevators and manlifts) , air tuggers, strato tower bucket elevators; Hydralifts/boom trucks over 10 tons; Loaders-elevating type, belt; Motor patrol grader-nonfinishing; Plant oiler- asphalt, crusher; Pump-Concrete; Roller, plant mix or multi-lfit materials; Saws-concrete; Scrapers, concrete and carry all; Service engineers-equipment; Trenching machines; Truck crane oiler/driver under 100 tons; Tractors, backhoe under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine-laser screed; Cranes A-frame 10 tons and under; Elevator and manlift (permanent and shaft type) ; Forklifts-under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts/boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger-mechanical; Power plant; Pumps-water; Rigger and Bellman; Roller-other than plant mix; Wheel Tractors, farmall type; Shotcrete/gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc. ) less than $150,000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for EXHIBIT 4 Federal Wage Determinations compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing, Class ""D"" Suit - Base wage rate plus $ .50 per hour. H-2 Class ""C"" Suit - Base wage rate plus $1.00 per hour. H-3 Class ""B"" Suit - Base wage rate plus $1.50 per hour. H-4 Class ""A"" Suit - Base wage rate plus $2.00 per hour. ENGI0612-008 06/01/2025 LEWIS AND PACIFIC (PORTION LYING NORTH OF A PARALLEL LINE EXTENDING WEST FROM THE NORTHERN BOUNDARY OF WAHKAIKUM COUNTY TO THE SEA) COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 90% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. Zone 1 (0-25 radius miles) : Rates Fringes POWER EQUIPMENT OPERATOR GROUP lA 61 .22 27. 32 GROUP lAA 62 .12 27.32 GROUP lAAA 62.99 27.32 GROUP 1 60.32 27.32 GROUP 2 59.56 27. 32 GROUP 3 58.89 27.32 GROUP 4 55. 13 27. 32 Zone Differential (Add to Zone 1 rates) : Zone 2 (26-45 radius miles) = $1.00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: CENTRALIA, OLYMPIA, TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 AAA - Cranes-over 300 tons or 300 ft of boom including jib with attachments) GROUP lAA - Cranes- 200 tonsto 300 tons, or 250 ft of boom including jib with attachments; Tower crane over 175 ft in height, bas to boom GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom including jib with attachments) ; Crane-overhead, bridge EXHIBIT 4 Federal Wage Determinations type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons under 150 ft of boom (including jib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off-road equipment 45 yards and over; Loader- overhead, 6 yards to, but not including, 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9 HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers- self-propelled 45 yards and over; Slipform pavers; Transporters, all track or truck type GROUP 2 - Barrier machine (zipper) ; Batch Plant Operator- concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane-Overhead, bridge type, 20 tons through 44 tons; Chipper; Concrete pump-truck mount with boom attachment; Crusher; Deck engineer/deck winches (power) ; Drilling machine; Excavator, shovel, backhoe-3 yards and under; Finishing machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Loaders, overhead under 6 yards; Loaders-plant feed; Locomotives-all; Mechanics- all; Mixers, asphalt plant; Motor patrol graders, finishing; Piledriver (other than crane mount) ; Roto-mill, roto- grinder; Screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper-self- propelled, hard tail end dump, articulating off-road equipment- under 45 yards; Subgrader trimmer; Tractors, backhoe over 75 hp; Transfer material service machine-shuttle buggy, Blaw Knox- Roadtec; Truck Crane oiler/driver-100 tons and over; Truck Mount Portable Conveyor; Yo Yo pay GROUP 3 - Conveyors; Cranes through 19 tons with attachments; Crane-A-frame over 10 tons; Drill oilers-auger type, truck or crane mount; Dozer-D-9 and under; Forklift-3000 lbs. and over with attachments; Horizontal/directional drill locator; Outside Hoists- (elevators and manlifts) , air tuggers, strato tower bucket elevators; Hydralifts/boom trucks over 10 tons; Loaders-elevating type, belt; Motor patrol grader-nonfinishing; Plant oiler- asphalt, crusher; Pump-Concrete; Roller, plant mix or multi-lfit materials; Saws-concrete; Scrapers, concrete and carry all; Service engineers-equipment; Trenching machines; Truck crane oiler/driver under 100 tons; Tractors, backhoe under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine-laser screed; Cranes A-frame 10 tons and under; Elevator and manlift (permanent and shaft type) ; Forklifts-under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts/boom trucks, 10 tons and EXHIBIT 4 Federal Wage Determinations under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger-mechanical; Power plant; Pumps-water; Rigger and Gellman; Roller-other than plant mix; Wheel Tractors, farmall type; Shotcrete/gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc. ) less than $150, 000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing, Class ""D"" Suit - Base wage rate plus $ .50 per hour. H-2 Class ""C"" Suit - Base wage rate plus $1.00 per hour. H-3 Class ""B"" Suit - Base wage rate plus $1.50 per hour. H-4 Class ""A"" Suit - Base wage rate plus $2.00 per hour. ENGI0612-012 06/01/2025 THURSTON COUNTY ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 90% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. Zone 1 (0-25 radius miles) : Rates Fringes POWER EQUIPMENT OPERATOR GROUP lA 61 .81 27 .32 GROUP IAA 62 .71 27 .32 GROUP lAAA 63.59 27. 32 GROUP 1 60.91 27. 32 GROUP 2 60. 14 27.32 EXHIBIT 4 Federal Wage Determinations GROUP 3 59.46 27. 32 GROUP 4 55. 68 27. 32 Zone Differential (Add to Zone 1 rates) : Zone 2 (26-45 radius miles) = $1.00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: CENTRALIA, OLYMPIA, TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1 AAA - Cranes-over 300 tons or 300 ft of boom including jib with attachments) GROUP IAA - Cranes- 200 tonsto 300 tons, or 250 ft of boom including jib with attachments; Tower crane over 175 ft in height, bas to boom GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom including jib with attachments) ; Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons under 150 ft of boom (including jib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off-road equipment 45 yards and over; Loader- overhead, 6 yards to, but not including, 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9 HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers- self-propelled 45 yards and over; Slipform pavers; Transporters, all track or truck type GROUP 2 - Barrier machine (zipper) ; Batch Plant Operator- concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane-Overhead, bridge type, 20 tons through 44 tons; Chipper; Concrete pump-truck mount with boom attachment; Crusher; Deck engineer/deck winches (power) ; Drilling machine; Excavator, shovel, backhoe-3 yards and under; Finishing machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Loaders, overhead under 6 yards; Loaders-plant feed; Locomotives-all; Mechanics- all; Mixers, asphalt plant; Motor patrol graders, finishing; Piledriver (other than crane mount) ; Roto-mill, roto- grinder; Screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper-self- propelled, hard tail end dump, articulating off-road equipment- under 45 yards; Subgrader trimmer; Tractors, backhoe over 75 hp; Transfer material service machine-shuttle buggy, Blaw Knox- Roadtec; Truck Crane oiler/driver-100 tons and over; Truck Mount Portable EXHIBIT 4 Federal Wage Determinations Conveyor; Yo Yo pay GROUP 3 - Conveyors; Cranes through 19 tons with attachments; Crane-A-frame over 10 tons; Drill oilers-auger type, truck or crane mount; Dozer-D-9 and under; Forklift-3000 lbs. and over with attachments; Horizontal/directional drill locator; Outside Hoists- (elevators and manlifts) , air tuggers, strato tower bucket elevators; Hydralifts/boom trucks over 10 tons; Loaders-elevating type, belt; Motor patrol grader-nonfinishing; Plant oiler- asphalt, crusher; Pump-Concrete; Roller, plant mix or multi-lfit materials; Saws-concrete; Scrapers, concrete and carry all; Service engineers-equipment; Trenching machines; Truck crane oiler/driver under 100 tons; Tractors, backhoe under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine-laser screed; Cranes A-frame 10 tons and under; Elevator and manlift (permanent and shaft type) ; Forklifts-under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts/boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger-mechanical; Power plant; Pumps-water; Rigger and Bellman; Roller-other than plant mix; Wheel Tractors, farmall type; Shotcrete/gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1. 5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc. ) less than $150, 000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing, Class ""D"" Suit - Base wage rate plus $ .50 per hour. H-2 Class ""C"" Suit - Base wage rate plus $1.00 per hour. H-3 Class ""B"" Suit - Base wage rate plus $1.50 per hour. H-4 Class ""A"" Suit - Base wage rate plus $2.00 per hour. EXHIBIT 4 Federal Wage Determinations ENGI0701-002 01/ 01/2025 CLARK, COWLITZ, KLICKKITAT, PACIFIC (SOUTH) , SKAMANIA, AND WAHKIAKUM COUNTIES POWER RQUIPMENT OPERATORS: ZONE 1 Rates Fringes POWER EQUIPMENT OPERATOR GROUP 1 58.94 17 .15 GROUP lA 61 .10 17. 15 GROUP 1B 63.26 17.15 GROUP 2 57 .03 17 .15 GROUP 3 55. 88 17.15 GROUP 4 52 .55 17 .15 GROUP 5 51 . 31 17. 15 GROUP 6 48.09 17. 15 Zone Differential (add to Zone 1 rates) : Zone 2 - $3.00 Zone 3 - $6.00 For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all jobs or projects located in Yamhill County, Washington County and Columbia County and all jobs or porjects located in Clark & Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helens ""Blast Zone"" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the EXHIBIT 4 Federal Wage Determinations respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1 Concrete Batch Plan and or Wet mix three (3) units or more; Crane, Floating one hundred and fifty (150) ton but less than two hundred and fifty (250) ton; Crane, two hundred 200) ton through two hundred ninety nine (299) ton with two hundred foot (200' ) boom or less (including jib, inserts and/or attachments) ; Crane, ninety (90) ton through one hundred ninety nine (199) ton with over two hundred 200' ) boom Including jib, inserts and/or attachments) ; Crane, Tower Crane with one hundred seventy five foot 175' ) tower or less and with less than two hundred foot 200' ) jib; Crane, Whirley ninety (90) ton and over; Helicopter when used in erecting work Group lA Crane, floating two hundred fifty (250) ton and over; Crane, two hundred (200) ton through two hundred ninety nine 299) ton, with over two hundred foot (200' ) boom including jib, inserts and/or attachments) ; Crane, three hundred (300) ton through three hundred ninety nine (399) ton; Crane, Tower Crane with over one hundred seventy five foot (175' ) tower or over two hundred foot (200' ) jib; Crane, tower Crane on rail system or 2nd tower or more in work radius Group 1B Crane, three hundred (300) ton through three hundred ninety nine (399) ton, with over two hundred foot (200' ) boom including jib, inserts and/or attachments) ; Floating crane, three hundred fifty (350) ton and over; Crane, four hundred (400) ton and over Group 2 Asphalt Plant (any type) ; Asphalt Roto-Mill, pavement profiler eight foot (8 ' ) lateral cut and over; Auto Grader or 'Trimmer"; Blade, Robotic; Bulldozer, Robotic Equipment any type) ; Bulldozer, over one hundred twenty thousand 120,000) lbs. and above; Concrete Batch Plant and/or Wet Mix one (1) and two (2) drum; Concrete Diamond Head EXHIBIT 4 Federal Wage Determinations Profiler; Canal Trimmer; Concrete, Automatic Slip Form Paver (Assistant to the Operator required) ; Crane, Boom Truck fifty (50) ton and with over one hundred fifty foot 150') boom and over; Crane, Floating (derrick barge) thirty (30) ton but less than one hundred fifty (150) ton; Crane, Cableway twenty-five (25) ton and over; Crane, Floating Clamshell three (3) cu. Yds. And over; Crane, ninety (90) ton through one hundred ninety nine (199) ton up to and including two hundred foot (200' ) of boom including jib inserts and/or attachments) ; Crane, fifty 50) ton through eighty nine (89) ton with over one hundred fifty foot (150' ) boom (including jib inserts and/or attachments) ; Crane, Whirley under ninety (90) ton; Crusher Plant; Excavator over one hundred thirty thousand (130, 000) lbs. ; Loader one hundred twenty thousand (120, 000) lbs. and above; Remote Controlled Earth Moving Equipment; Shovel, Dragline, Clamshell, five (5) cu. Yds. And over; Underwater Equipment remote or otherwise, when used in construction work; Wheel Excavator any size Group 3 Bulldozer, over seventy thousand (70, 000) lbs. up to and including one hundred twenty thousand (120,000) lbs. ; Crane, Boom Truck fifty (50) ton and over with less than one hundred fifty foot (150' ) boom; Crane, fifty (50) ton through eighty nine (89) ton with one hundred fifty foot 150' ) boom or less (including jib inserts and/or attachments) ; Crane, Shovel, Dragline or Clamshell three 3) cu. yds. but less than five (5) cu. Yds.; Excavator over eighty thousand (80,000) lbs. through one hundred thirty thousand (130, 000) lbs. ; Loader sixty thousand 60, 000) lbs. and less than one hundred twenty thousand 120,000) lbs. Group 4 Asphalt, Screed; Asphalt Paver; Asphalt Roto-Mill, pavement profiler, under eight foot (8' ) lateral cut; Asphalt, Material Transfer Vehicle Operator; Back Filling Machine; Backhoe, Robotic, track and wheel type up to and including twenty thousand (20,000) lbs. with any attachments; Blade any type) ; Boatman; Boring Machine; Bulldozer over twenty thousand (20, 000) lbs. and more than one hundred (100) horse up to seventy thousand (70, 000) lbs. ; Cable-Plow (any type) ; Cableway up to twenty five (25) ton; Cat Drill (John Henry) ; Chippers; Compactor, multi-engine; Compactor, Robotic; Compactor with blade self-propelled; Concrete, Breaker; Concrete, Grout Plant; Concrete, Mixer Mobile; Concrete, Paving Road Mixer; Concrete, Reinforced Tank Banding Machine; Crane, Boom Truck twenty (20) ton and under fifty (50) ton; Crane, Bridge Locomotive, Gantry and Overhead; Crane, Carry Deck; Crane, Chicago Boom and similar types; Crane, Derrick Operator, under one hundred 100) ton; Crane, Floating Clamshell, Dragline, etc. EXHIBIT 4 Federal Wage Determinations Operator, under three (3) cu. yds. Or less than thirty (30) ton; Crane, under fifty (50) ton; Crane, Quick Tower under one hundred foot (100') in height and less than one hundred fifty foot (150' ) jib (on rail included) ; Diesel-Electric Engineer (Plant or Floating) ; Directional Drill over twenty thousand (20,000) lbs. pullback; Drill Cat Operator; Drill Doctor and/or Bit Grinder; Driller, Percussion, Diamond, Core, Cable, Rotary and similar type; Excavator Operator over twenty thousand (20,000) lbs. through eighty thousand 80,000) lbs.; Generator Operator; Grade-all; Guardrail Machines, i.e. punch, auger, etc. ; Hammer Operator Piledriver) ; Hoist, stiff leg, guy derrick or similar type, fifty (50) ton and over; Hoist, two (2) drums or more; Hydro Axe (loader mounted or similar type) ; Jack Operator, Elevating Barges, Barge Operator, self-unloading; Loader Operator, front end and overhead, twenty five thousand (25,000) lbs. and less than sixty thousand 60,000) lbs.; Log Skidders; Piledriver Operator (not crane type) ; Pipe, Bending, Cleaning, Doping and Wrapping Machines; Rail, Ballast Tamper Multi-Purpose; Rubber-tired Dozers and Pushers; Scraper, all types; Side-Boom; Skip Loader, Drag Box; Strump Grinder (loader mounted or similar type) ; Surface Heater and Planer; Tractor, rubber-tired, over fifty (50) HP Flywheel; Trenching Machine three foot 3') depth and deeper; Tub Grinder (used for wood debris) ; Tunnel Boring Machine Mechanic; Tunnel, Mucking Machine; Ultra High Pressure Water Jet Cutting Tool System Operator; Vacuum Blasting Machine Operator; Water pulls, Water wagons Group 5 Asphalt, Extrusion Machine; Asphalt, Roller (any asphalt mix) ; Asphalt, Roto-Mill pavement profiler ground man; Bulldozer, twenty thousand (20,000) lbs. or less, or one hundred (100) horse or less; Cement Pump; Chip Spreading Machine; Churn Drill and Earth Boring Machine; Compactor, self-propelled without blade; Compressor, (any power) one thousand two hundred fifty (1,250) cu. ft. and over, total capacity; Concrete, Batch Plant Quality control; Concrete, Combination Mixer and compressor operator, gunite work; Concrete, Curb Machine, Mechanical Berm, Curb and/or Curb and Gutter; Concrete, Finishing Machine; Concrete, Grouting Machine; Concrete, Internal Full Slab Vibrator Operator; Concrete, Joint Machine; Concrete, Mixer single drum, any capacity; Concrete, Paving Machine eight foot (8') or less; Concrete, Planer; Concrete, Pump; Concrete, Pump Truck; Concrete, Pumperete Operator (any type) ; Concrete, Slip Form Pumps, power driven hydraulic lifting device for concrete forms; Conveyored Material Hauler; Crane, Boom Truck under twenty (20) tons; Crane, Boom Type lifting device, five (5) ton capacity or less; Drill, Directional type less than twenty thousand (20,000) lbs. pullback; Fork Lift, over ten (10) ton or Robotic; Helicopter Hoist; Hoist Operator, single drum; Hydraulic Backhoe track type up to EXHIBIT 4 Federal Wage Determinations and including twenty thousand (20, 000) lbs. ; Hydraulic Backhoe wheel type (any make) ; Laser Screed; Loaders, rubber-tired type, less than twenty five thousand (25, 000) lbs. ; Pavement Grinder and/or Grooving Machine (riding type) ; Pipe, cast in place Pipe Laying Machine; Pulva-Mixer or similar types; Pump Operator, more than five (5) pumps any size) ; Rail, Ballast Compactor, Regulator, or Tamper machines; Service Oiler (Greaser) ; Sweeper Self-Propelled; Tractor, Rubber-Tired, fifty (50) HP flywheel and under; Trenching Machine Operator, maximum digging capacity three foot (3' ) depth; Tunnel, Locomotive, Dinkey; Tunnel, Power Jumbo setting slip forms, etc. Group 6 Asphalt, Pugmill (any type) ; Asphalt, Raker; Asphalt, Truck Mounted Asphalt Spreader, with Screed; Auger Oiler; Boatman; Bobcat, skid steed (less than one (1) yard) ; Broom, self-propelled; Compressor Operator (any power) under 1,250 cu. ft. total capacity; Concrete Curing Machine riding type) ; Concrete Saw; Conveyor Operator or Assistant; Crane, Tugger; Crusher Feederman; Crusher Oiler; Deckhand; Drill, Directional Locator; Fork Lift; Grade Checker; Guardrail Punch Oiler; Hydrographic Seeder Machine, straw, pulp or seed; Hydrostatic Pump Operator; Mixer Box (CTB, dry batch, etc. ) ; Oiler; Plant Oiler; Pump any power) ; Rail, Brakeman, Switchman, Motorman; Rail, Tamping Machine, mechanical, self-propelled; Rigger; Roller grading (not asphalt) ; Truck, Crane Oiler-Driver IRON0014-005 07/ 07/2025 ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND ORIELLE, SPOKANE, STEVENS, WALLA WALLA AND WHITMAN COUNTIES Rates Fringes IRONWORKER 43.40 32.77 IRON0029-002 07/ 07/2025 CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA, AND WAHKAIKUM COUNTIES Rates Fringes IRONWORKER 48. 31 34 .52 IRON0086-002 07/ 07/2025 EXHIBIT 4 Federal Wage Determinations YAKIMA, KITTITAS AND CHELAN COUNTIES Rates Fringes IRONWORKER 43.40 32.77 IRON0086-004 07/07/2025 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM COUNTIES Rates Fringes IRONWORKER 57 . 94 34.52 LABO0238-004 06/ 01/2025 A-1 AREA: ASOTIN, BENTON, FRANKLIN, GARFIELD, LINCOLN, SPOKANE, WALLA WALLA, AND WHITMAN COUNTIES A-2 AREA: ADAMS,COLUMBIA, DOUGLAS (East of 120th Meridian) , FERRY, GRANT, OKANOGAN, PEND OREILLE, AND STEVENS COUNTIES Rates Fringes LABORER (A-1) GROUP 1 34 .03 16. 90 GROUP 2 37.13 16. 90 GROUP 3 37 .46 16.90 GROUP 4 37.80 16. 90 GROUP 5 38. 14 16. 90 LABORER (A-2) GROUP 1 37 .03 16. 90 GROUP 2 40. 13 16. 90 GROUP 3 40.46 16.90 GROUP 4 40. 80 16. 90 GROUP 5 41.14 16. 90 LABORERS CLASSIFICATIONS GROUP 1: Flagman; Landscape Laborer; Scaleman; Traffic Control Maintenance Laborer (to include erection and maintenance of barricades, signs and relief of flagperson) ; Window Washer/Cleaner (detail cleanup, such as, but not limited to cleaning floors, ceilings, walls, windows, etc. prior to final acceptance by the owner) GROUP 2: Asbestos Abatement Worker; Brush Hog Feeder; Carpenter Tender; Cement Handler; Clean-up Laborer; Concrete Crewman (to include stripping of forms, hand operating jacks on slip form construction, application of concrete curing compounds, pumperete machine, signaling, handling the nozzle of squeezcrete or similar machine, 6 EXHIBIT 4 Federal Wage Determinations inches and smaller) ; Confined Space Attendant; Concrete Signalman; Crusher Feeder; Demolition (to include clean-up, burning, loading, wrecking and salvage of all material) ; Dumpman; Fence Erector; Firewatch; Form Cleaning Machine Feeder, Stacker; General Laborer; Grout Machine Header Tender; Guard Rail (to include guard rails, guide and reference posts, sign posts, and right-of-way markers) ; Hazardous Waste Worker, Level D (no respirator is used and skin protection is minimal) ; Miner, Class ""A"" (to include all bull gang, concrete crewman, dumpman and pumperete crewman, including distributing pipe, assembly & dismantle, and nipper) ; Nipper; Riprap Man; Sandblast Tailhoseman; Scaffold Erector (wood or steel) ; Stake Jumper; Structural Mover (to include separating foundation, preparation, cribbing, shoring, jacking and unloading of structures) ; Tailhoseman (water nozzle) ; Timber Bucker and Faller (by hand) ; Track Laborer (RR) ; Truck Loader; Well-Point Man; All Other Work Classifications Not Specially Listed Shall Be Classified As General Laborer GROUP 3: Asphalt Roller, walking; Cement Finisher Tender; Concrete Saw, walking; Demolition Torch; Dope Pot Firemen, non-mechanical; Driller Tender (when required to move and position machine) ; Form Setter, Paving; Grade Checker using level; Hazardous Waste Worker, Level C (uses a chemical splash suit"" and air purifying respirator) ; Jackhammer Operator; Miner, Class ""B"" (to include brakeman, finisher, vibrator, form setter) ; Nozzleman (to include squeeze and flo-crete nozzle) ; Nozzleman, water, air or steam; Pavement Breaker (under 90 lbs. ) ; Pipelayer, corrugated metal culvert; Pipelayer, multi- plate; Pot Tender; Power Buggy Operator; Power Tool Operator, gas, electric, pneumatic; Railroad Equipment, power driven, except dual mobile power spiker or puller; Railroad Power Spiker or Puller, dual mobile; Rodder and Spreader; Tamper (to include operation of Barco, Essex and similar tampers) ; Trencher, Shawnee; Tugger Operator; Wagon Drills; Water Pipe Liner; Wheelbarrow (power driven) GROUP 4: Air and Hydraulic Track Drill; Aspahlt Raker;Brush Machine (to include horizontal construction joint cleanup brush machine, power propelled) ; Caisson Worker, free air; Chain Saw Operator and Faller; Concrete Stack (to include laborers when laborers working on free standing concrete stacks for smoke or fume control above 40 feet high) ; Gunite (to include operation of machine and nozzle) ; Hazardous Waste Worker, Level B (uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical ""splash suit"") ; High Scaler; Laser Beam Operator (to include grade checker and elevation control) ; Miner, Class C (to include miner, nozzleman for concrete, laser beam operator and rigger on tunnels) ; Monitor Operator (air track or similar mounting) ; Mortar Mixer; Nozzleman (to include jet blasting nozzleman, over EXHIBIT 4 Federal Wage Determinations 1,200 lbs. , jet blast machine power propelled, sandblast nozzle) ; Pavement Breaker (90 lbs. and over) ; Pipelayer (to include working topman, caulker, collarman, jointer, mortarman, rigger, jacker, shorer, valve or meter installer) ; Pipewrapper; Plasterer Tender; Vibrators (all) GROUP 5 - Drills with Dual Masts; Hazardous Waste Worker, Level A (utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line) ; Miner Class ""D"", (to include raise and shaft miner, laser beam operator on riases and shafts) LABO0238-006 06/01/2025 COUNTIES EAST OF THE 120TH MERIDIAN: ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE, STEVENS, SPOKANE, WALLA WALLA, WHITMAN Rates Fringes Hod Carrier 38.05 16.75 LABO0242-003 06/01/2025 KING COUNTY Rates Fringes LABORER GROUP 1 36.07 15.79 GROUP 2A 40. 88 16.72 GROUP 3 50. 38 16. 96 GROUP 4 51 .52 16. 99 GROUP 5 52.31 17. 01 GROUP 6 53.99 17 .05 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $1.00 ZONE 3 - $1.30 EXHIBIT 4 Federal Wage Determinations BASE POINTS: CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $2.25 LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to final acceptance by the owner) GROUP 2A: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs. ) ; Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material) ; Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C: uses a chemical ""splash suit"" and air purifying respirator) ; Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site) ; Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper-Paving; Chipping Gun (over 30 lbs. ) ; Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac) ; Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B: uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical ""splash suit"") ; High Scaler; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) ; Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type) ; Pipe Wrapper; Power Jacks; Railroad Spike Puller-Power; Raker-Asphalt; Rivet Buster; Rodder; Sloper (over 20 ft) ; Spreader (concrete) ; Tamper and Similar electric, air and EXHIBIT 4 Federal Wage Determinations glas operated tool; Timber Person-sewer (lagger shorer and cribber) ; Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Mortarman and Hodcarrier; Powderman; Re-Timberman; Hazardous Waste Worker (Level A: utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line) . Group 6: Miner LABO0252-010 06/01/2025 CLALLAM, GRAYS HARBOR, JEFFERSON, KITSAP, LEWIS, MASON, PACIFIC EXCLUDING SOUTHWEST) , PIERCE, AND THURSTON COUNTIES Rates Fringes LABORER GROUP 1 36.07 15.79 GROUP 2 40.88 16.72 GROUP 3 50.38 16. 96 GROUP 4 51.52 16.99 GROUP 5 52.31 17.01 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $2.25 LABORERS CLASSIFICATIONS EXHIBIT 4 Federal Wage Determinations GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to final acceptance by the owner) GROUP 2: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs. ) ; Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material) ; Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C: uses a chemical ""splash suit"" and air purifying respirator) ; Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site) ; Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper-Paving; Chipping Gun (over 30 lbs. ) ; Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac) ; Faller and Bucker Chain Saw; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B: uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical ""splash suit"") ; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) ; Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type) ; Pipe Wrapper; Power Jacks; Railroad Spike Puller-Power; Raker-Asphalt; Rivet Buster; Rodder; Sloper (over 20 ft) ; Spreader (concrete) ; Tamper and Similar electric, air and glas operated tool; Timber Person-sewer (lagger shorer and cribber) ; Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Mortarman and Hodcarrier; Grade Checker and Transit Person; High Scaler; Powderman; Re-Timberman; Hazardous Waste Worker (Level A: utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line) . LABO0292-008 06/01/2025 EXHIBIT 4 Federal Wage Determinations ISLAND, SAN JUAN, SKAGIT, SNOHOMISH, AND WHATCOM COUNTIES Rates Fringes LABORER GROUP 1 36.07 15.79 GROUP 2 40. 88 16. 72 GROUP 3 50. 38 16.96 GROUP 4 51.52 16.99 GROUP 5 52. 31 17.01 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $2.25 LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to final acceptance by the owner) GROUP 2: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs. ) ; Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material) ; Ditch Digger; Dump Person; Fine Graders; EXHIBIT 4 Federal Wage Determinations Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C: uses a chemical ""splash suit"" and air purifying respirator) ; Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site) ; Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper-Paving; Chipping Gun (over 30 lbs.) ; Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac) ; Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B: uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical ""splash suit"") ; High Scaler; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) ; Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type) ; Pipe Wrapper; Power Jacks; Railroad Spike Puller-Power; Raker-Asphalt; Rivet Buster; Rodder; Sloper (over 20 ft) ; Spreader (concrete) ; Tamper and Similar electric, air and glas operated tool; Timber Person-sewer (lagger shorer and cribber) ; Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Mortarman and Hodcarrier; Powderman; Re-Timberman; Hazardous Waste Worker (Level A: utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line) . LABO0335-022 06/01/2025 CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN) , SKAMANIA AND WAHKIAKUM COUNTIES Rates Fringes Laborers: GROUP 1 32.67 15. 60 GROUP 2 40.56 15. 60 GROUP 3 44 .06 15.60 GROUP 4 44.90 15.60 GROUP 5 45.54 15.60 GROUP 6 46. 08 15.60 LABORERS CLASSIFICATIONS EXHIBIT 4 Federal Wage Determinations GROUP 1 : Landscaping, and/or Planting Laborers GROUP 2 : Fence Builders and Traffic Flaggers GROUP 3: Asphalt Plant Laborers; Asphalt Spreaders; Batch Weighman; Broomers; Brush Burners and Cutters; Car and Truck Loaders; Carpenter Tender; Change-House Man or Dry Shack Man; Choker Setter; Clean-up Laborers; Curing, Concrete; Demolition, Wrecking and Moving Laborers; Dumpers, road oiling crew; Dumpmen (for grading crew) ; Elevator Feeders; Median Rail Reference Post, Guide Post, Right of Way Marker; Fine Graders; Fire Watch; Form Strippers (not swinging stages) ; General Laborers; Hazardous Waste Worker; Hod Carrier; Leverman or Aggregate Spreader (Flaherty and similar types) ; Loading Spotters; Material Yard Man (including electrical) ; Pittsburgh Chipper Operator or Similar Types; Railroad Track Laborers; Ribbon Setters (including steel forms) ; Rip Rap Man (hand placed) ; Road Pump Tender; Sewer Labor; Signalman; Skipman; Slopers; Spraymen; Stake Chaser; Stockpiler; Tie Back Shoring; Timber Faller and Bucker (hand labor) ; Toolroom Man (at job site) ; Tunnel Bullgang (above ground) ; Weight-Man- Crusher (aggregate when used) GROUP 4 : Applicator (including pot power tender for same) , applying protective material by hand or nozzle on utility lines or storage tanks on project; Brush Cutters (power saw) ; Burners; Choker Splicer; Clary Power Spreader and similar types; Clean- up Nozzleman-Green Cutter (concrete, rock, etc.) ; Concrete Power Buggyman; Concrete Laborer; Crusher Feeder; Demolition and Wrecking Charred Materials; Gunite Nozzleman Tender; Gunite or Sand Blasting Pot Tender; Handlers or Mixers of all Materials of an irritating nature (including cement and lime) ; Tool Operators (includes but not limited to: Dry Pack Machine; Jackhammer; Chipping Guns; Paving Breakers) ; Pipe Doping and Wrapping; Post Hole Digger, air, gas or electric; Vibrating Screed; Tampers; Sand Blasting (Wet) ; Stake-Setter; Tunnel-Muckers, Brakemen, Concrete Crew, Bullgang (underground) GROUP 5: Asbestos Removal; Bit Grinder; Drill Doctor; Drill Operators, air tracks, cat drills, wagon drills, rubber-mounted drills, and other similar types including at crusher plants; Gunite Nozzleman; High Scalers, Strippers and Drillers (covers work in swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring-down, or sloping and stripping) ; Manhole Builder; Powdermen; Concrete Saw Operator; Pwdermen; Power Saw Operators (Bucking and Falling) ; Pumperete Nozzlemen; Sand Blasting (Dry) ; Sewer Timberman; Track Liners, Anchor Machines, Ballast Regulators, Multiple Tampers, Power Jacks, Tugger Operator; Tunnel-Chuck Tenders, Nippers and EXHIBIT 4 Federal Wage Determinations Timbermen; Vibrator; Water Blaster GROUP 6: Asphalt Raker; Concrete Saw Operator (walls) ; Concrete Nozzelman; Grade Checker; Pipelayer; Laser Beam pipelaying) -applicable when employee assigned to move, set up, align; Laser Beam; Tunnel Miners; Motorman-Dinky Locomotive-Tunnel; Powderman-Tunnel; Shield Operator-Tunnel LABO0348-003 06/01/2025 CHELAN, DOUGLAS (W OF 12TH MERIDIAN) , KITTITAS, AND YAKIMA COUNTIES Rates Fringes LABORER GROUP 1 31 .19 16.48 GROUP 2 35.34 16.59 GROUP 3 38.40 16.66 GROUP 4 39.26 16.68 GROUP 5 39.89 16. 70 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 radius miles from the respective city hall ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $2.25 LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to EXHIBIT 4 Federal Wage Determinations final acceptance by the owner) GROUP 2: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs. ) ; Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material) ; Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C: uses a chemical ""splash suit"" and air purifying respirator) ; Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site) ; Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper-Paving; Chipping Gun (over 30 lbs. ) ; Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac) ; Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B: uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical ""splash suit"") ; High Scaler; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) ; Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type) ; Pipe Wrapper; Power Jacks; Railroad Spike Puller-Power; Raker-Asphalt; Rivet Buster; Rodder; Sloper (over 20 ft) ; Spreader (concrete) ; Tamper and Similar electric, air and glas operated tool; Timber Person-sewer (lagger shorer and cribber) ; Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Mortarman and Hodcarrier; Powderman; Re-Timberman; Hazardous Waste Worker (Level A: utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line) . PAIN0005-002 07/01/2025 STATEWIDE EXCEPT CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA, AND WAHKIAKUM COUNTIES EXHIBIT 4 Federal Wage Determinations Rates Fringes Painters: STRIPERS 41 .80 20.85 PAIN0010-012 07/01/2025 CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes PAINTER (Brush, Roller, Spray Sandblasting)39.94 16.68 PAIN0010-013 07/01/2025 CLARK, COWLITZ, KLICKITAT, PACIFIC, SKAMANIA and WAHKIAKUM COUNTIES Rates Fringes Painters: HIGHWAY & PARKING LOT STRIPER 41 .19 17.09 PAIN0300-007 07/01/2025 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM COUNTIES Rates Fringes PAINTER 41 .24 14.70 PAIN0427-005 07/01/2025 ADAMS, ASOTIN; BENTON AND FRANKLIN (EXCEPT HANFORD SITE) ; CHELAN, COLUMBIA, DOUGLAS, FERRY, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND YAKIMA COUNTIES Rates Fringes PAINTER (Application of Cold Tar Products, Epoxies, Polyurethanes, Acids, Radiation Resistant Material, EXHIBIT 4 Federal Wage Determinations Water, Sandblasting, Over 30'/Swing Stage Work, Brush, Roller, Striping, Steam-cleaning, and Spray) 36.26 17 .01 PLAS0072-004 06/01/2025 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND YAKIMA COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ZONE 1 40.89 18. 64 Zone Differential (Add to Zone 1 rate) : Zone 2 - $3.00 BASE POINTS: Spokane, Pasco, Lewiston; Wenatchee Zone 1 : 0 - 45 radius miles from the main post office Zone 2: Over 45 radius miles from the main post office PLAS0528-001 06/01/2024 CLALLAM, COWLITZ, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON, WAHKIAKUM AND WHATCOM COUNTIES Rates Fringes CEMENT MASON CEMENT MASON 54 .16 21.27 COMPOSITION, TROWEL MACHINE, GRINDER, POWER TOOLS, GUNNITE NOZZLE 54.66 21.27 TROWELING MACHINE OPERATOR ON COMPOSITION 54 .66 21.27 PLAS0555-002 06/01/2025 CLARK, KLICKITAT AND SKAMANIA COUNTIES ZONE 1: Rates Fringes CEMENT MASON CEMENT MASONS DOING BOTH COMPOSITION/POWER MACHINERY AND EXHIBIT 4 Federal Wage Determinations SUSPENDED/HANGING SCAFFOLD $ 48.05 20. 31 CEMENT MASONS ON SUSPENDED, SWINGING AND/OR HANGING SCAFFOLD 47.09 20. 31 CEMENT MASONS 46. 13 20. 31 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS $ 47.09 20. 31 Zone Differential (Add To Zone 1 Rates) : Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 3.00 BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND, SALEM, THE DALLES, VANCOUVER ZONE 1 : Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4 : More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall TEAM0037-002 06/ 01/2024 CLARK, COWLITZ, KLICKITAT, PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean) , SKAMANIA, AND WAHKIAKUM COUNTIES Rates Fringes Truck drivers: ZONE 1 GROUP 1 33.09 17.63 GROUP 2 33.24 17.63 GROUP 3 33.40 17 .63 GROUP 4 33.72 17.63 GROUP 5 33.97 17.63 GROUP 6 34 .18 17.63 GROUP 7 34.42 17.63 Zone Differential (Add to Zone 1 Rates) : Zone 2 - $0. 65 Zone 3 - 1. 15 Zone 4 - 1.70 Zone 5 - 2.75 BASE POINTS: ASTORIA, THE DALLES, LONGVIEW AND VANCOUVER EXHIBIT 4 Federal Wage Determinations ZONE 1: Projects within 30 miles of the respective city hall. ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4 : More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall. TRUCK DRIVERS CLASSIFICATIONS GROUP 1: A Frame or Hydra lifrt truck w/load bearing surface; Articulated Dump Truck; Battery Rebuilders; Bus or Manhaul Driver; Concrete Buggies (power operated) ; Concrete Pump Truck; Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations there of: up to and including 10 cu. yds. ; Lift Jitneys, Fork Lifts all sizes in loading, unloading and transporting material on job site) ; Loader and/or Leverman on Concrete Dry Batch Plant (manually operated) ; Pilot Car; Pickup Truck; Solo Flat Bed and misc. Body Trucks, 0-10 tons; Truck Tender; Truck Mechanic Tender; Water Wagons (rated capacity) up to 3, 000 gallons; Transit Mix and Wet or Dry Mix - 5 cu. yds. and under; Lubrication Man, Fuel Truck Driver, Tireman, Wash Rack, Steam Cleaner or combinations; Team Driver; Slurry Truck Driver or Leverman; Tireman GROUP 2: Boom Truck/Hydra-lift or Retracting Crane; Challenger; Dumpsters or similar equipment all sizes; Dump Trucks/Articulated Dumps 6 cu to 10 cu. ; Flaherty Spreader Driver or Leverman; Lowbed Equipment, Flat Bed Semi-trailer or doubles transporting equipment or wet or dry materials; Lumber Carrier, Driver-Straddle Carrier (used in loading, unloading and transporting of materials on job site) ; Oil Distributor Driver or Leverman; Transit mix and wet or dry mix trcuks: over 5 cu. yds. and including 7 cu. yds. ; Vacuum Trucks; Water truck/Wagons (rated capacity) over 3, 000 to 5, 000 gallons GROUP 3: Ammonia Nitrate Distributor Driver; Dump trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 10 cu. yds. and including 30 cu. yds. includes Articulated Dump Trucks; Self-Propelled Street Sweeper; Transit mix and wet or dry mix truck: over 7 cu yds. and including 11 cu yds. ; Truck Mechanic-Welder-Body Repairman; Utility and Clean-up Truck; Water Wagons (rated capacity) over 5, 000 to 10,000 gallons GROUP 4: Asphalt Burner; Dump Trucks, side, end and bottom EXHIBIT 4 Federal Wage Determinations cumps, including Semi-Trucks and Trains or combinations thereof: over 30 cu. yds. and including 50 cu. yds. includes Articulated Dump Trucks; Fire Guard; Transit Mix and Wet or Dry Mix Trucks, over 11 cu. yds. and including 15 cu. yds. ; Water Wagon (rated capacity) over 10, 000 gallons to 15, 000 gallons GROUP 5: Composite Crewman; Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 50 cu. yds. and including 60 cu. yds. includes Articulated Dump Trucks GROUP 6: Bulk Cement Spreader w/o Auger; Dry Pre-Batch concrete Mix Trucks; Dump trucks, side, end and bottom dumps, including Semi Trucks and Trains of combinations thereof: over 60 cu. yds. and including 80 cu. yds., and includes Articulated Dump Trucks; Skid Truck GROUP 7: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 80 cu. yds. and including 100 cu. yds. , includes Articulated Dump Trucks; Industrial Lift Truck (mechanical tailgate) TEAM0174-001 06/01/2025 CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean) , PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES Rates Fringes Truck drivers: ZONE A: GROUP 1• 55.43 27.52 GROUP 2• 54 .59 27 .52 GROUP 3• 51 .78 27.52 GROUP 4• 46.81 27 .52 GROUP 5• 54 . 98 27 .52 ZONE B (25-45 miles from center of listed cities*) : Add $.70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities*) : Add 1 .00 per hour to Zone A rates. Zone pay will be calculated from the city center of the following listed cities: BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT EXHIBIT 4 Federal Wage Determinations TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - ""A-frame or Hydralift"" trucks and Boom trucks or similar equipment when ""A"" frame or ""Hydralift"" and Boom truck or similar equipment is used; Buggymobile; Bulk Cement Tanker; Dumpsters and similar equipment, Tournorockers, Tournowagon, Tournotrailer, Cat DW series, Terra Cobra, Le Tourneau, Westinghouse, Athye Wagon, Euclid Two and Four-Wheeled power tractor with trailer and similar top-loaded equipment transporting material: Dump Trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $.15 per hour additional for each 10 yard increment; Explosive Truck (field mix) and similar equipment; Hyster Operators (handling bulk loose aggregates) ; Lowbed and Heavy Duty Trailer; Road Oil Distributor Driver; Spreader, Flaherty Transit mix used exclusively in heavy construction; Water Wagon and Tank Truck-3, 000 gallons and over capacity GROUP 2 - Bulllifts, or similar equipment used in loading or unloading trucks, transporting materials on job site; Dumpsters, and similar equipment, Tournorockers, Tournowagon, Turnotrailer, Cat. D.W. Series, Terra Cobra, Le Tourneau, Westinghouse, Athye wagon, Euclid two and four-wheeled power tractor with trailer and similar top-loaded equipment transporting material: Dump trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with less than 16 yards capacity; Flatbed (Dual Rear Axle) ; Grease Truck, Fuel Truck, Greaser, Battery Service Man and/or Tire Service Man; Leverman and loader at bunkers and batch plants; Oil tank transport; Scissor truck; Slurry Truck; Sno-Go and similar equipment; Swampers; Straddler Carrier (Ross, Hyster) and similar equipment; Team Driver; Tractor (small, rubber-tired) (when used within Teamster jurisdiction) ; Vacuum truck; Water Wagon and Tank trucks-less than 3, 000 gallons capacity; Winch Truck; Wrecker, Tow truck and similar equipment GROUP 3 - Flatbed (single rear axle) ; Pickup Sweeper; Pickup Truck. (Adjust Group 3 upward by $2 .00 per hour for onsite work only) GROUP 4 - Escort or Pilot Car GROUP 5 - Mechanic HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to EXHIBIT 4 Federal Wage Determinations the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical ""splash suit."" LEVEL A: +$.75 per hour - This level utilizes a fully- encapsulated suit with a self-contained breathing apparatus or a supplied air line. TEAM0690-004 06/01/2024 ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA COUNTIES Rates Fringes Truck drivers: (AREA 1: SPOKANE ZONE CENTER: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pen Oreille, Spokane, Stevens, and Whitman Counties AREA 1: LEWISTON ZONE CENTER: Asotin, Columbia, and Garfield Counties AREA 2: PASCO ZONE CENTER: Benton, Franklin, Walla Walla and Yakima Counties) AREA 1: GROUP 1 36.83 20. 93 GROUP 2 39. 47 20. 93 GROUP 3 39. 58 20. 93 GROUP 4 39.91 20. 93 GROUP 5 40.02 20. 93 GROUP 6 40.22 20.93 GROUP 7 40.56 20.93 GROUP 8 40.88 20.93 AREA 2: GROUP 1 33.83 20.93 GROUP 2 36.47 20. 93 GROUP 3 36. 58 20 . 93 GROUP 4 36.91 20.93 GROUP 5 37.02 20.93 GROUP 6 37 .22 20.93 GROUP 7 37 .56 20.93 GROUP 8 37 .88 20.93 EXHIBIT 4 Federal Wage Determinations Zone Differential (Add to Zone 1 rate: Zone 1 + $2.00) BASE POINTS: Spokane, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office. Zone 2 : Outside 45 radius miles from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Escort Driver or Pilot Car; Employee Haul; Power Boat Hauling Employees or Material GROUP 2: Fish Truck; Flat Bed Truck; Fork Lift (3000 lbs. and under) ; Leverperson (loading trucks at bunkers) ; Trailer Mounted Hydro Seeder and Mulcher; Seeder & Mulcher; Stationary Fuel Operator; Tractor (small, rubber-tired, pulling trailer or similar equipment) GROUP 3: Auto Crane (2000 lbs. capacity) ; Buggy Mobile & Similar; Bulk Cement Tanks & Spreader; Dumptor (6 yds. & under) ; Flat Bed Truck with Hydraullic System; Fork Lift 3001-16,000 lbs. ) ; Fuel Truck Driver, Steamcleaner & Washer; Power Operated Sweeper; Rubber-tired Tunnel Jumbo; Scissors Truck; Slurry Truck Driver; Straddle Carrier Ross, Hyster, & similar) ; Tireperson; Transit Mixers & Truck Hauling Concrete (3 yd. to & including 6 yds. ) ; Trucks, side, end, bottom & articulated end dump (3 yards to and including 6 yds. ) ; Warehouseperson (to include shipping & receiving) ; Wrecker & Tow Truck GROUP 4: A-Frame; Burner, Cutter, & Welder; Service Greaser; Trucks, side, end, bottom & articulated end dump (over 6 yards to and including 12 yds. ) ; Truck Mounted Hydro Seeder; Warehouseperson; Water Tank truck (0-8, 000 gallons) GROUP 5: Dumptor (over 6 yds. ) ; Lowboy (50 tons & under) ; Self- loading Roll Off; Semi-Truck & Trailer; Tractor with Steer Trailer; Transit Mixers and Trucks Hauling Concrete over 6 yds. to and including 10 yds. ) ; Trucks, side, end, bottom and end dump (over 12 yds. to & including 20 yds. ) ; Truck-Mounted Crane (with load bearing surface either mounted or pulled, up to 14 ton) ; Vacuum Truck (super sucker, guzzler, etc. ) GROUP 6: Flaherty Spreader Box Driver; Flowboys; Fork Lift over 16,000 lbs. ) ; Dumps (Semi-end) ; Mechanic (Field) ; Semi- end Dumps; Transfer Truck & Trailer; Transit Mixers & Trucks Hauling Concrete (over 10 yds. to & including 20 yds. ) ; Trucks, side, end, bottom and articulated end dump over 20 yds. to & including 40 yds.) ; Truck and Pup; Tournarocker, DWs & similar with 2 or more 4 wheel-power tractor with trailer, gallonage or yardage scale, whichever is greater Water Tank Truck (8, 001- 14, 000 gallons) ; EXHIBIT 4 Federal Wage Determinations Lowboy(over 50 tons) GROUP 7: Oil Distributor Driver; Stringer Truck (cable oeprated trailer) ; Transit Mixers & Trucks Hauling Concrete over 20 yds. ) ; Truck, side, end, bottom end dump (over 40 yds. to & including 100 yds.) ; Truck Mounted Crane (with load bearing surface either mounted or pulled (16 through 25 tons) ; GROUP 8: Prime Movers and Stinger Truck; Trucks, side, end, bottom and articulated end dump (over 100 yds. ) ; Helicopter Pilot Hauling Employees or Materials Footnote A - Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in additon to the classification working in as follows: LEVEL C-D: - $.50 PER HOUR (This is the lowest level of protection. This level may use an air purifying respirator or additional protective clothing. LEVEL A-B: - $1.00 PER HOUR (Uses supplied air is conjunction with a chemical spash suit or fully encapsulated suit with a self-contained breathing apparatus. Employees shall be paid Hazmat pay in increments of four (4) and eight (8) hours. NOTE: Trucks Pulling Equipment Trailers: shall receive $.15/hour over applicable truck rate WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic EXHIBIT 4 Federal Wage Determinations violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5. 5 (a) (1) (iii) ) . The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type (s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/ 01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes EXHIBIT 4 Federal Wage Determinations over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1 .6 (c) (1) . State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3 (g) - (h) . Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/ 03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took EXHIBIT 4 Federal Wage Determinations effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment EXHIBIT 4 Federal Wage Determinations data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" EXHIBIT 5 NON-COLLUSION DECLARATION By signing this Declaration, I hereby declare, under penalty of perjury under the laws of the United States, that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project Agreement. NOTICE TO ALL PROPOSERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the"hotline" to report such activities. This "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Contractor: By: Signature) Print Name) Title: Date: G:\FED AID\FTA CONTRACT PROV\ REV 5/06 CONSTR CONTRACTS\NON-COLL DECLAR\007 Vmi Washington State EXHIBIT 6 r Department of Transportation Contractor Certification Wage Law Compliance - Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT. been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three 3) years prior to the date of the Call for Bids. Bidder Name: Name of Contractor/Bidder-Print full legal entity name of firm By: Signature of authorized person Print Name of person making certifications for firm Title: Place: Title of person signing certificate Print city and state where signed Date: Form 272-009 08/2017 Original Agreement-- FOR REFERENCE ONLY CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT,made and entered into this 6th day of February 2026 ,between the COUNTY OF JEFFERSON,acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36,R.C.W,as amended and Mike Nelson of Olympic Resources hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work,to-wit: That the Contractor herein will undertake and complete the following described work: Coordinate with relevant utility providers,remove and dispose of all trees designated in Exhibit G. Tree Falling,certified nagger crews and road closure signage,equipment- including Excavator with grapple attachment,operator time and ground crew,Transporting of logs,processing materials into firewood at secondary location. for the total sum of thirty eight thousand two hundred and fifty dollars($38-250.00 ) in accordance with and as described in the attached plans and specifications and in the AIA Document A201 2017 `General Conditions of the Contract for Construction' which are by this reference incorporated herein and made a part hereof.The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof. The Contractor shall complete the described work as follows: within(14 )calendar days after the Notice to Proceed to the point of Substantial Completion. The Contractor shall provide and bear the expense of all equipment,work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ,and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained,and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached,at the time and in the manner and upon the condition provided for in this contract.The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself,and for his heirs,executor,administrators, successors,and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original Constriction Contract Contract F Version I Risk Legal Review Date 06/17/2020 Page 1 of 10 endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty(30)days prior to cancellation, suspension, reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail,return receipt requested, for all of the following stated insurance policies. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met,or at the option of the County,the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage,in accordance with the laws of the State of Washington. B. General Liability(1)-with a minimum limit per occurrence of one million dollars($1,000,000) and an aggregate of not less than two million dollars($2,000,000) for bodily injury,death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations(contractors only); 4. Premises-Operations Liability(M&C); 5. Independent Contractors and Subcontractors;and 6. Blanket Contractual Liability. 1)Note: The County shall be named as an additional insured party under this policy. C. Automobile(2)-with a minimum limit per occurrence of$1,000,000 for bodily injury,death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles; and, 3. Non-owned automobiles. 2)Note: The County shall be named as an additional insured party under this policy. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement,nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. Construction Contract Contract F Version I Risk Legal Review Date 06/17/2020 Page 2 of 10 It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an"additional insured"to a policy obtained by the Contractor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. The Contractor shall defend, indemnify and hold the County, its officers,officials,employees,agents and volunteers(and their marital communities)harmless from any and all claims, injuries,damages, losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the Contractor in performance of this Agreement,except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers,officials,employees,agents and volunteers(and their marital communities)the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Claims against the County shall include,but not be limited to assertions that the use and transfer of any software, book,document,report, film,tape,or sound reproduction of material of any kind, delivered hereunder,constitutes an infringement of any copyright,patent,trademark,trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and,solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state Construction Contract Contract F Version I Risk Legal Review Date 06/17/2020 Page 3 of 10 industrial insurance law,Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W.4.24.115 and was subject of mutual negotiation. The provisions of this section shall survive the expiration or termination of this Agreement. 6. The Contractor's relation to the County shall be at all times as an independent Contractor,and nothing herein contained shall be construed to create a relationship of employer-employee or master- servant,and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 8. Nothing in the foregoing clause shall prevent the County,at its option, from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond; the County will withhold 10%of the Contract amount in accordance with R.C.W 39.08.010. If applicable,the Contractor will indicate this option on Exhibit D. 9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E. Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS I1Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility,and Voluntary Exclusion Exhibit B: Certification of Compliance with Wage Payment Statues Exhibit C: Contract Bond,Jefferson County, Washington Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000 Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Construction Contract Contract F Version I Risk Legal Review Date 06/17/2020 Page 4 of 10 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor tl l ln ,c (a , 2026 Contractor: Mike Nelson , O'tim pl L i2 e,Sc.„.(r_P_) Please print) By:Sow Please print) S lure OLYMPR'820JK State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS 3/2/2 Nollette, • District I OP 0 r District 2 1\ 1\, Brothaton, District 3 Approved as to form only: 1" eti4) e` 0 eyz 1C. 0 J,crzt2z itrce Philip .Hunsucker Date Chief ivtl Deputy Prosecutor ZI'o Eric uzma Date Public Works Director Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 10 EXHIBIT A CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief,that it and its principals: 1) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a 3-year period preceding this proposal 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(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3) 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(2)of this certification; and 4) Have not within a 3-year period preceding this contract had one or more public transactions (Federal, State,or local)terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification,such Contractor shall attach an explanation. Mike Nelson i U\ympl c Q..e0voq_f_ Name of Contractor(Please print) t I - I\ xr Qw n f_r Name an isle o uthonzLd Representative (Please print) Signs of Authorize Representative III am unable to certify to the above statement. An explanation is attached. Construction Contract Contract F Version 1 Risk Legal Review Dale 06/172020 Page 6 or 10 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date 1/30/2026 the bidder is not a"willful"violator,as defined in RCW 49.48.082, or any of the provisions of chapters 49.46,49.48,or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Mike Ne on v)VillpIc R u-SO -Le-J Bidde B - ess N me ` 1/ .._.. g. A.---------- Signs re of Authorized Official* ro-ivt Nii_isf) Printed Name Qk-6001r Title Date City State Check One: Sole Proprietorship E Partnership E Joint Venture Corporation State of Incorporation,or if not a corporation,State where business entity was formed: If a co-partnership,give firm name under which business is transacted: If a corporation, proposal must be executed in the corporate name by the president or vice- president(or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership,proposal must be executed by a partner. Construction Contract Contract F Venice 1 Risk Legal Review Date 06/172020 Page 7 of 10 EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000 A. A Contract Bond will be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County will wi Id 1 /o of the Contract amount. Date af a(Q a signed Comensction Cooaict Contract F Venice 1 Rick Lepl Review Date 06/17/2020 Page 9 of 10 EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until(30) days following final acceptance of the work. Date fpJOOSigned B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account,not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. 1 hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60. 28.011. Date Signed Construction Contract Contract F Venion 1 Risk Legal Review Date 06/17/2020 Page 10 of 10 Exhibit G Project Location PROJECT MIT NA FLAP MOMA 111101(11 AI mau UNITED}AIEST( U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION SHEET INDEX PLANS FOR PROPOSED PROJECT A.GENERAL INFORMATION a• , .' 41111411Pr WA FLAP JEFFER 134309(2)Al. TITLE SHEET C. A INDEX TO SHEETS TWOTROUT CREEK A.3.3 PLAN SYMBOLS AND ABBREVIATIONS ti A.4 VICINITY MAP E°°° .. CULVERT REPLACEMENT L SUMMARY OF QUANTITIES 8.1-2 SUMMARY OF QUANTITIES WASHINGTON REY MAP C.TYPICAL SECTIONS JEFFERSON COUNTY C.1 TYPICAL SECTIONS WASHINGTON D.PLAN-PROF ILE D,1 SURVEY CONTROL LENGTH 0.095 MILES D.2 TABULATION OF QUANTITIES•PLAN-PROFILE 0.3 PLAN-PROFILE N D,4 TREE PLAN TYPE OF CONSTRUCTION: E.ENVIRONMENTAL MITIGATION AND MISSION Culvert replacement woo. CONTROL E.1 TABULATION OF QUANTITIES E.2 PLAN ERESION CONTROL DESIGN DESIGNATION:L BAN Il 14. Qu° 444" pleat r• OLYMPIC' E.3 ENVIRONMENTAL MITIGATION LOG BARRIER ADT(2026) 200 NATIONAL E.4 WILLOW AND COTTONWOOD INSTALLATION DETAILS l E.5 TEMPORARY DIVERSION BERM METHODS ADT(2046) 250 F FavATIN d s0O6Ann TMRR`""'PARK E.S-Il ERSOSIONCONTRL DETAILS V 30 MPH e(max)WA CLALLAM CO, P.SAFETY JEFFERSON CO F,1'3 GUARDRAIL DETAILS A.. G.DRAINAGE SPECIFICATION: Standard Specifications for G.1 TABULATION OF DRAINAGE QUANTITIES t Construction of Roads and Bridges PROJECT LOCATION a1;Ju G.2 TWO TROUT CREEK CULVERT PLAN AND PROFILE d on Federal Highway Projects,FP-24 ixYMPn G.3 SIMULATED STREAM CULVERT TREATMENT NATI•r.1: See Sheet A.3 G.4 CULVERT SEDIMENT RETENTION SILL DETAILS PARA. G.5 ROCK WEIR DETAIL G.6.7 BOx CULVERT STRUCTURE DETAILS H.TEMPORARY TRAFFIC CONTROL PLAN 6. - H,1 TABULATION OF QUANTITIESr S Pon a,+ T N.2 TEMPORARY TRAFFIC CONTROL ADVANCED SIGN MAP H,3.5 TEMPORARY TRAFFIC CONTROL STANDARD DETAILS PLANS PREPARED Rr PACIFIC f U.S.DEPARTMENT OF TRANSPORTATION OCEAN FEDERAL HIGHWAY ADMINISTRATION I. WESTERN FEDERAL LANDS HIGHWAY DIVISION D PRELIMINARY RILCFuIVAnoN VANCOUVER,WASHINGTON i e Scaq in miles rw1ri C 1 0 1 2 3 P.PROJECT MANAGER z, I.DAVIS VROJf(, SMARTNUM9tIl a WA RAP MASER I ARM: A.)17. N 04)Z CD CO i 00, END PROJECT 8+00 N.312,094 5819 C Nof.798,095.8852 4\°\ R a BEGIN PROJECT E 3+00 h N.311,665,6155 8 , F C En 797,6rZ16S5 f+}' St E VICINITY MAP i PRt))ECT AIFET I. PIyMQER WA EUP)EEEER 4S4$O9,1. Nan r,,, rc/ rtie al RX r ref ref 70t;,T-ICE 1 e. p y 1\ I NJ G y ry ) rim T-- X r 1 a N I X 1 X i E NIW N 1 NWN 4.! ki i 1%/1 1 Ail ExktNp Edge o/mad l e 1 I 1 E1Mti/p—of Mad n i T-- . T Z or. NIw 1 ^ 1 1 1 N/w a.. ... AM^Eww row 3 1 r 1 +1 rCA 1,4 r1:E itf ECC ICE RE Ip \ N/w S5f yx A r x Tree Removal t 1 Sheet l of 2 i I A.- ,- MAR watr V VIA RAP AMR Iwo 7) '/ R I R q nx cc ra• X— h 2 d41 IVXk h 1 A it i f it sL1/ e A •N j d ;o ! p . Am r Edge of existing road t,-R,-R'._.:.,4_'4`..._.._.._.._____.._. 0 am e O Ibaw A. 7 N V! N d I \ ; in, 3« R/It AAr AIM v it X 1 1 wrw I Arw 1 f tCF ME 6 I A d I a q 1 k i H=Mrn , A=nwr Tree Removal Sheet 2 of 2C=Cedar Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma Public Works Director Agenda Date: March 3., 2026 Subject: Construction Contract Olympic Resources - Mike Nelson Oil City Rd Culvert Replacement MP 0.5 Project No. 18021180 Statement of Issue: Construction contract with Olympic Resources, to complete tree removal services as required for the Oil City Rd Culvert Replacement MP 0.5 Project No. 18021180. Analysis/Strategic Goals/Pro's & Con's: This request seeks Board approval to execute the construction contract with Olympic Resources (Mike Nelson). By securing these specialized falling and log-transporting services, the County can ensure the project site is prepared for the upcoming culvert installation. This project has dual benefits of enhancing fish passage as well as correcting a tong overdue road alignment correction that will enhance safety. Approval of this contract directly enables the project to move forward into its next phase of construction. Fiscal Impact/Cost Benefit Analysis: None, reimbursement for this work and associated staff time will be provided by FHWA resulting in no cost to the county. Recommendation: The Board is asked to approve and execute the three (3) originals of the construction contract with Olympic Resource and return two (2) signed originals to Public Works (Attn: Josh Thornton). Department Contact: Josh Thornton, 385-9162 Reviewed By: GOA/Ye 175t4110t 1 / 36 Jo9144Peters, County Administrator Date CONTRACT REVIEW FORM Cyr Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Olympic Resources Contract No: 1Ve 0c93 Contract For: Tree Removal for site preperation Term: 30 days COUNTY DEPARTMENT: PUBLIC WORKS Contact Person: JOSHUA THORNTON Contact Phone: 360-385-9162 Contact email: JTHORNTONGCO.JEFFERSON.WA.US AMOUNT: 38,250.00 PROCESS: Exempt from Bid Process Revenue: 180000010. 331202 Cooperative Purchase Expenditure: 180000059500.65.00 Competitive Sealed Bid Matching Funds Required: No Small Works Roster Sources(s)of Matching Funds FLAP Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: limited competitve APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C MPLIANCE WI H JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: D N/A:n I d2/3/ai Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: 1 ' 3! a Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/20/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): IElectronically approved as to form by PAO on 2/20/2026. PAO pre-approved form. No need for PAO signature. P.10 Pre-a/,/,rovt'll/nrlN'** STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 fl SUING' Payroll Expense Report -S f vJT 6/5/2026 PAYROLL DATE 260605 PAYROLL WARRANT# Payroll Checks: $ N/A Check#'s: Click or tap here to enter text. Payroll Direct Deposit: $ N/A Advice #'s:Click or tap here to enter text. Benefits Paid: $ 183,971.82 AP Warrant#'s: Elect. Pymnts Total: $ 183,971.82 Payment of Jefferson County Payroll Warrants Dated June 5,2026 Totaling $183,971.82 (Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) BoCC Chair N COG N 0 Payroll Expense Report 6/5/2026 PAYROLL DATE 260605 PAYROLL WARRANT# Payroll Checks: $ 9,151. 99 Check#'s: 15963-15964 Payroll Direct Deposit: $ 1,360, 256.91 Advice#'s: 10101868-10102178 Benefits Paid: $ 1,123,664.16 AP Warrant#'s: 100247062- 100247086; Elect. Pymnts Total: $ 2,493,073.06 Payment of Jefferson County Payroll Warrants Dated June 5,2026 Totaling $2,493,073.06 (Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) BoCC Chair Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Consent Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: June 15, 2026 Subject: Resolution for final approval of vacation of a portion of Mumby Road (County Road #596609) right-of-way Statement of Issue: The Board of County Commissioners committed to adopting a resolution officially vacating a portion of Mumby Road right-of-way upon verification by the Public Works Department that certain conditions were met. Analysis/Strategic Goals/Pro's Et Con's: The Board of County Commissioners adopted Resolution 20-0420-26R on April 20, 2026, expressing an Intent to Vacate a portion of Mumby Road right-of-way, upon the Petitioners completing certain conditions. The Public Works Department can now confirm that the Petitioners have complied with all the required conditions, including Petitioners' payment to the County for the value of the vacated right-of-way and all other fees due. Fiscal Impact/Cost Benefit Analysis: In accordance with JCC 12.10.120, the compensation paid by Petitioner, including $2,900 for the value of the rights-of-way, has been deposited into the county road fund. Recommendation: The Board is requested to approve and sign the attached Resolution to vacate a portion of Mumby Road Right-of-way and return to Public Works for further processing. Department Contact: Joshua Thornton, Real Property Specialist, 360-385-9162 Reviewed By: fLa(g> Josh a ers, County Administrator Date STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of Jefferson County's Final Approval of Vacation of a Portion of RESOLUTION NO. Mumby Road Right-of-Way WHEREAS, Jefferson County Code Title 12 Public Ways and Places governs county rights-of-way, including Chapter 12.10 JCC Road Vacations; and WHEREAS, Chapter 36.87 RCW Roads and Bridges—Vacation governs vacation of county roads, including compensation to a county for such road vacations; and WHEREAS, the Jefferson County Board of County Commissioners adopted Resolution 20-0420-26R on April 20, 2026 expressing an Intent to Vacate a portion of Mumby Road rights- of-way subject to the Petitioners who requested the road vacation meeting certain conditions within one year of the date of that resolution; and WHEREAS, the Department of Public Works has now confirmed that Petitioners James Burnell and Andrea Vitalich have met all of the required conditions, including grant of a turnaround easement recorded under Auditor's File Number 677631, payment of compensation for the rights-of-way to be vacated and all other administrative costs, and that the Public Works Department is prepared to record, at Petitioners' expense, this resolution of final approval of the road vacation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above"Whereas" clauses as Findings of Fact. Section 2. Purpose. Pursuant to Chapter 36. 87 RCW and Chapter 12.10 JCC,the Board adopts this Resolution officially granting the petition and vacating and abandoning the following rights- of-way: All that portion of the westerly one hundred eighty-four feet (184) of Mumby Road, County Road Number 596609, reducing the overall County Road Log length from 0.578 miles to 0.543 miles beginning at the intersection with Flagler Road, also known as SR 116 at Mile Post 9.33 left. Said portion of right-of-way is located in Government Lot 1, Section 20, Township 30 North, Range 1 East, W. M., Jefferson County, Washington and abuts tax parcels 021202012 and 021202001. Section 3. Severability. If any section, subsection, sentence, clause, phrase or section of this Resolution or its application to any person or circumstance is held invalid,the remainder of this Resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 4. SEPA Categorical Exemption. This Resolution approving the vacation of the subject rights-of-way is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(2)(i). Section 5. Effective Date. This Resolution shall be recorded with the Jefferson County Auditor and shall take effect and be in full force on the date this Resolution is so recorded. ADOPTED and APPROVED this day of June 2026. SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Heather Dudley-Nollette, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3 ATTEST: APPROVED AS TO FORM: Carolyn Gallaway, CMC Date Philip C. Hunsucker,Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Jeremy Williammee, Community Development Director Brian Tracer, Deputy Fire Marshal DATE: June 15, 2026 SUBJECT: Public Hearing and Potential Action on Fireworks Regulation STATEMENT OF ISSUE: The Board of County Commissioners has requested that the Department of Community Development and the Fire Marshal facilitate prepare a draft ordinance to ban fireworks. ANALYSIS: As instructed by the BoCC, DCD and the Fire Marshal have coordinated with the Sheriff and Prosecuting Attorney's Office (PAO) to draft amendments to Jefferson County Code (JCC) 8.75. Further edits to the ordinance were made based on BoCC feedback received on May 26, 2026. The ordinance under consideration will ban fireworks in unincorporated Jefferson County and update the fine structure for fireworks-related violations. The ordinance continues to provide a pathway for licensed public display subject to federal and state law and local special event review requirements. The Jefferson County Fire Chiefs Association has been provided with opportunities to comment and support the drafting of these regulation revisions. The PAO has provided ongoing guidance and has confirmed compliance with state requirements and best practices for this ordinance. Any local regulations that are more restrictive than state law require a one-year waiting period before they may take effect. FISCAL IMPACT/COST-BENEFIT ANALYSIS: No fiscal action is requested. RECOMMENDATION: Hear public comments and decide on adoption of the ordinance. REVIEWED BY: Josh . Peters, County Administrator Date STATE OF WASHINGTON County of Jefferson An Ordinance Amending Chapter 8.75 Fireworks and Sky Lanterns) of the Jefferson County Code ORDINANCE NO. WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society; and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people; and, WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it; and, WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations that are more restrictive than state law, provided the local regulations must have an effective date no sooner than one year after their adoption; and, WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a hearing and has received public comment on the draft ordinance proposed by staff; and, WHEREAS, the Board amended chapter 8.75 JCC on March 24, 2022, when it adopted Ordinance No. 3-0314-22; and, WHEREAS, increasing wildfire risk associated with changing climate patterns and shifting atmospheric conditions has resulted in longer periods of drought, elevated temperatures, and heightened fire danger, thereby necessitating more responsive and precautionary local regulation of fireworks to protect public health, safety, and property; and, WHEREAS, the Board recognizes the danger to public health, safety, and the environment; that noise created by fireworks is disruptive to many people and animals; and discourages their unsafe use; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, and, NOW, THEREFORE, be it ordained by the Board as follows: Section 1. Amending Chapter 8.75 JCC. The Board amends chapter 8.75 JCC as shown in Appendix A. A clean version of the amended chapter 8.75 JCC is in Appendix B. Section 2. Findings. The Board adopts the above recitals (the “WHEREAS” statements) as its findings of fact in support of this ordinance. Section 3. Severability. The provisions of this ordinance are declared separate and severable. If any provision of this ordinance or its application to any person or circumstances is held invalid, then the remainder of this ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 5. Effective Date. Changes to 8.75.070 (2)(a) regarding Civil Infractions shall be in full force and effect on the date of adoption of this ordinance. The remainder of this ordinance shall be in full force and effect one year after the date of adoption. SIGNATURES FOLLOW ON NEXT PAGES) ADOPTED this _____ day of _________________________ 2026, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Heidi Eisenhour, Member ATTEST: Heather Dudley-Nollette, Member APPROVED AS TO FORM: Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney APPENDIX A – REPLACEMENT FOR CHAPTER 8.75 JCC Title 8 - HEALTH AND SAFETY Chapter 8.75 – FIREWORKS AND SKY LANTERNS PROHIBITED Sections: 8.75.010 Purpose and Construction. 1) This chapter supplements Chapter 70.77 RCW, and shall be construed in connection with that law and any regulations or rules issued pursuant that law. 2) It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter. 3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire official to determine permissible consumer fireworks within their region of responsibility within Jefferson County. 4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the RCW as currently adopted or as may be amended in the future. 8.75.020 Definitions. In construing provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning and in addition, the following definitions shall apply: 1) “Agricultural and wildlife fireworks” has the same meaning as in RCW 70.77.141. 2) “Consumer fireworks” has the same meaning as in RCW 70.77.136. 3) “County fire marshal” means the person designated by the Board of County Commissioners pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause, circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County. 3) “Declaration of high fire hazard” means a declaration by the county fire marshal or their designee, or a local fire official or their designee, that a high fire hazard exists within their region of responsibility. 4) “Display fireworks” as in RCW 70.77.131. 5) “Fire hazard” means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest areas, life and property. 6) “Fireworks” has the same meaning as in RCW 70.77.126. 7) “Fireworks waste” means any waste remaining after the discharge, manufacture, sale, storage, or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish. 8) “High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures, where fires start quickly, spread furiously, and burn intensely and are difficult to control unless they are successfully attacked when the fires are small. It is during this period that wildland fires can be expected, and fire growth will be accelerated. 9) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson County or their designee. 10) “Public display of fireworks” has the same meaning as in RCW 70.77.160. 11) “Region of responsibility” means the fire district wholly or partially within Jefferson County for a local fire official, or the county as a whole for the county fire marshal. 12) “Sky lantern” has the same meaning as in RCW 76.04.005(19). 13) “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a highway. “Vehicle” shall include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by human or animal power, or used exclusively upon stationary rails or tracks. 14) “Vessel” means every species of watercraft or other mobile artificial contrivance, powered or unpowered, intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. 15) “Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and includes fires originating from an unplanned ignition and unauthorized and accidental human caused fires. 8.75.030 Sky lanterns prohibited. It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated Jefferson County. 8.75.035 Publication of Declaration of High Fire Hazard. The county fire marshal and each local fire official shall publish the declaration of high fire hazard in local media outlets for public review. 8.75.040 Prohibited acts – Exceptions. 1) Discharge, Manufacture, Possession, Sale, Storage, Transportation, or Use of Fireworks Is Prohibited. Except as permitted in this chapter, the discharge, manufacture, possession, sale, storage, or transportation of fireworks is prohibited in unincorporated Jefferson County; provided, however, that this restriction shall not apply: a) To the use by railroads or other transportation agencies for signal or illumination purposes; b) To the use of agricultural and wildlife fireworks; c) To the use of devices for vegetation management or wildfire firefighting tactics; d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal purposes, or use by others for emergency signal purposes, or illumination of for use in forest protection activities, or for those other uses described in RCW 70.77.311. e) To the transportation of fireworks through the county as part of interstate commerce; or, f) To the public display of display fireworks by persons with the appropriate state licenses. 8.75.050 Public Display of Fireworks in the County. 1) Public display of fireworks in unincorporated Jefferson County is prohibited, unless an application has been approved for any permit required under JCC 8.20.030 (entertainment, amusement or assemblies permit), JCC 18.20.380 (temporary outdoor use permit) or JCC 18.20.390 (temporary festival conditional use), after a consultation with local fire officials consistent with RCW 70.77.260 prior to approval on an application form approved by the fire marshal. 2) A public display of fireworks shall be of such character, and so located, discharged or fired in a manner that is not hazardous to property or injurious to any person, as determined by either the fire marshal or a local fire official. 3) Every operator of a public display of fireworks shall first obtain a state license pursuant to RCW 70.77.355. 8.75.055 Cleanup of Fireworks Waste Required. After any discharge of fireworks, cleanup of any fireworks waste is required. 8.75.060 Seizure of Fireworks. Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol, through the director of fire protection, are subject to seizure by the chief of the Washington state patrol, through the director of fire protection, or his or her deputy, or by state agencies or local governments having general law enforcement authority. 8.75.070 Violations and penalties. Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and establishes civil enforcement procedures and penalties, and also declares certain acts to be misdemeanors. 1) Misdemeanor. Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter during a period of high fire danger shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars ($1,000.00) dollars or by imprisonment in the jail for a period not to exceed ninety (90) days or by both such fine and jail. 2) Civil Infraction. a) Any person who violates any provision of this chapter may be issued a notice of infraction. The penalty for an infraction issued to a person who violates any provision of this chapter shall be two hundred and fifty dollars ($250) dollars for first offense; five hundred ($500) for second offense; and one thousand dollars ($1,000) for any subsequent violation of this chapter. For each violation of a continuing nature, each day shall constitute a separate infraction, subject to a daily penalty. b) It shall be unlawful for any property owner or any other person who has control of all or a portion of a property (licensees, holders of easements, etc.) to allow the discharge of fireworks on said property. Any party found in violation of this subsection may be issued a notice of infraction. c) A notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this chapter. d) The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) as they exist now or may be amended in the future, apply to the processing and adjudication of civil infractions under this chapter. 8.75.080 Enforcement 1) Particularly with the discharge of consumer fireworks in violation of this chapter, public awareness and voluntary compliance efforts should be used prior to enforcement under this chapter. 2) The county sheriff or their designee has the discretion to enforce this chapter. This chapter does not create a duty on the part of the county, the county sheriff, the county fire marshal, or local fire officials to enforce violations of this chapter. Decisions about whether and how to enforce this chapter shall be made in conjunction with the county prosecuting attorney or their designee. 3) The county sheriff or their designee may consult with the county fire marshal or a local fire official in enforcement of this chapter. The county sheriff or their designee are authorized to: a) Issue citations to or arrest without warrant persons violating the provisions of this chapter; b) Serve and execute all warrants, citations and other process issued by the courts; c) Send by certified mail any warrant, citation or other process to the last known place of residence of the person alleged to have violated of this chapter, which shall be deemed as personal service upon the person alleged to have violated this chapter. 4) This chapter as well as permits or decisions issued under it may be enforced through the provisions of Title 19 JCC, Code Compliance. The county sheriff is the “director” for purposes of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator on decisions to enforce this chapter under Title 19 JCC. 5) Enforcement through this chapter is not exclusive and additional enforcement mechanisms may exist, which may include filing civil actions in courts of competent jurisdiction under other applicable laws. 6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory, criminal, or other actions as are necessary to enforce the provisions of this chapter. 7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously. 8.75.090 Severability. If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance codified in this chapter and the applicability thereof to other persons and circumstance shall not be affected thereby. 8.75.100 Effective date. That the ordinance codified in this chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted pursuant to the ordinance codified in this chapter shall take effect and be in full force and effect one year after the date of adoption. 8.75.110 Disclaimer of liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county, its officers, employees or agents, or any local fire official, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees or agents. ANNEX B – SUPPLEMENTAL CODE CHANGES 8.72.010 Purpose and construction. 4) This chapter shall be liberally construed to carry out its broad purposes. 8.72.040 Fire danger risk level burn restrictions. 5) Fire Danger Risk Levels. c) Stage 3 High Fire Hazard. i) Use of charcoal briquettes is prohibited, except when used within a commercially manufactured, listed, and labeled barbeque device at a private residence. ii) Target shooting outside of gun ranges, and use of exploding targets or incendiary ammunition is prohibited. Hunting is allowed in open areas. RED LINE VERSION APPENDIX A—REPLACEMENT FOR CHAPTER 8. 75 JCC Title 8-HEALTH AND SAFETY Chapter 8.75—FIREWORKS AND SKY LANTERNS PROHIBITED Sections: 8.75.010 Purpose and Construction. 1)This chapter supplements Chapter 70.77 RCW,and shall be construed in connection with that law and any regulations or rules issued pursuant that law. 2)It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public,and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter. 3)This chapter shall be liberally construed to carry out its broad purposes,allowing the local fire official to determine permissible consumer fireworks within their region of responsibility within Jefferson County. 4)Reference to the Revised Code of Washington(RCW)in this chapter is to the provision of the RCW as currently adopted or as may be amended in the future. 8.75.020 Definitions. In construing provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context,words used in this chapter shall be given their common and ordinary meaning and in addition,the following defmitions shall apply: 1)"Agricultural and wildlife fireworks"has the same meaning as in RCW 70.77.141. 2)"Consumer fireworks"has the same meaning as in RCW 70.77.136. 3)"County fire marshal"means the person designated by the Board of County Commissioners pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause, circumstances,and extent of loss of all fires within unincorporated areas of Jefferson County. 3) "Declaration of high fire hazard" means a declaration by the county fire marshal or their designee,or a local fire official or their designee,that a high fire hazard exists within their region of responsibility. 4)"Display fireworks"as in RCW 70.77.131. 5)"Fire hazard"means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures,forest areas,life and property. RED LINE VERSION 6)"Fireworks"has the same meaning as in RCW 70.77.126. 7)"Fireworks waste"means any waste remaining after the discharge,manufacture,sale,storage, or transportation of fireworks,including,but not limited to,ashes,garbage,and rubbish. 8)"High fire hazard"means a period of hot, dry weather accompanied by low fuel moistures, where fires start quickly, spread furiously,and burn intensely and are difficult to control unless they are successfully attacked when the fires are small.It is during this period that wildland fires can be expected,and fire growth will be accelerated. 9)"Local fire official"means a fire chief of a fire district wholly or partially within Jefferson County or their designee. 10)"Public display of fireworks"has the same meaning as in RCW 70.77.160. 11)"Region of responsibility"means the fire district wholly or partially within Jefferson County for a local fire official,or the county as a whole for the county fire marshal. 12)"Sky lantern"has the same meaning as in RCW 76.04.005(19). 13) •e...,cial ear cts„has the n nCW 70 7 13 1413)"Vehicle"means every device capable of being moved upon a highway and in,upon,or by which any person or property is or may be transported or drawn upon a highway."Vehicle"shall include but shall not be limited to automobiles,motorcycles,trucks,buses,motorized recreational vehicles,campers,travel trailers,and boat trailers."Vehicle"does not include devices moved by human or animal power,or used exclusively upon stationary rails or tracks. a3M)"Vessel"means every species of watercraft or other mobile artificial contrivance,powered or unpowered,intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. 46615)"Wildland fire"means any non-structure fire that occurs in vegetation or natural fuels and includes fires originating from an unplanned ignition and unauthorized and accidental human caused fires. 8.75.030 Sky lanterns prohibited. It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated Jefferson County. 8.75.035 Publication of Declaration of High Fire Hazard. The county fire marshal and each local fire official shall publish the declaration of high fire hazard in local media outlets for public review. RED LINE VERSION 8.75.040 Prohibited acts—Exceptions. Fireworks Ma.,Beed The c nt. nCW 70 7 Inc c rchase R.b ....ate e Date ficont To Jime-28-each year Noon 11:00 p.m. June-29-eases-year 9:n 0 a m. 00-pint. July ea. ar 9410-a. .11.00 p m July 3each year 9:00 .m. Jed-year 9:8-arm.11:00 p.m. Neon I1:00pn Noon 1-140-p.m. Deeendiet-29-eaeh-yeat Neon 11:00 p,m, Neon 11 9A p m. Deeember-3-1-eaeh-year Neon Use e..d Discharge of Consume_Fireworks video i..R(W 70 77 x 11 Date Erem Te June-28 eash-year Neon Jane-29-eaeh-year 9:90-amt, p.m. July-leach-year 9:O p.m. pm, 9:4)-a,m..11:00 p.m. July-3-eaehyear 9:0-arm..11:00 p.m.. Suhf 4 eaeh-year 9,.-00-agm. Midnight. Noon Midnight January, each. Midnight 1:00 p.m. The ab: e chart shall be dated.to bee eeesistent wit the. o f RCW n 77 one f 12) Discharge, Manufacture, Possession, Sale, Transportation, Discharge, Storage, Transportation, or Use of Fireworks Is Prohibited Except as permitted in this chapter, the discharge, manufacture, possession, sale, storage, or transportation of fireworks is prohibited in unincorporated Jefferson County; provided, however, that this restriction shall not apply: ha)To the use by railroads or other transportation agencies for signal or illumination purposes; eb)To the use of agricultural and wildlife fireworks; dc)To the use of devices for vegetation management or wildfire firefighting tactics; RED LINE VERSION ed)To the use of flares or fuses in connection with the operation of vehicles or vessels for signal purposes, or use by others for emergency signal purposes, or illumination of for use in forest protection activities,or for those other uses described in RCW 70.77.311. ge)To the transportation of fireworks through the county as part of interstate commerce;or, hf)To the public display of display fireworks by persons with the appropriate state licenses. 8.75.050 Public Display of Fireworks in the County. 1) Public display of fireworks in unincorporated Jefferson County is prohibited, unless an application has been approved for any permit required under JCC 8.20.030 (entertainment, amusement or assemblies permit), JCC 18.20.380 (temporary outdoor use permit) or JCC 18.20.390 (temporary festival conditional use), after a consultation with local fire officials consistent with RCW 70.77.260 prior to approval on an application form approved by the fire marshal. 2)A public display of fireworks shall be of such character,and so located,discharged or fired in a manner that is not hazardous to property or injurious to any person,as determined by either the fire marshal or a local fire official. 3)Every operator of a public display of fireworks shall first obtain a state license pursuant to RCW 70.77.355. 8.75.055 Failure-to Cleanup of Fireworks Waste Required. cCommented IJWiI:MoNed per BoCC Request. After any discharge of fireworks,cleanup of any fireworks waste is required' 8.75.060 Seizure of Fireworks. Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used, discharged,possessed,or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol,through the director of fire protection,are subject to seizure by the chief of the Washington state patrol, through the director of fire protection,or his or her deputy,or by state agencies or local governments having general law enforcement authority. 8.75.070 Violations and penalties. Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and establishes civil enforcement procedures and penalties, and also declares certain acts to be misdemeanors. 1) Misdemeanor. Any person,firm,corporation or association violating or failing to comply with any of the provisions of this chapter during a period of high fire danger shall be deemed guilty REDLINE VERSipn. of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars($1,000.00)dollars or by imprisonment in the jail for a period not to exceed ninety(90)days or by both such fine and jail. 2) Civil Infraction. a) Any person who violates any provision of this chapter may be issued a notice of infraction. The penalty for an infraction issued to a person who violates any provision of this chapter shall be ene-two hundred and fifty dollars($250)dollars for first offense;five hundred($500)for second offense;and one thousand dollars($1,000) 2,000.00)for any subsequent violation of this chapter. For each violation of a continuing nature, each day shall constitute a separate infraction,subject to a daily penalty. b) It shall be unlawful for any property owner or their designeeany other person 1,1,ho has control of all or a portion of a property(licensees,holders of easements,etc.)to allow the discharge of fireworks efon said kind—en—their—property. Any party found in velitienviolation of this subsection' may be issued a notice of infraction. b)(g)_A notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this chapter. e)(dLThe Infraction Rules for Courts of Limited Jurisdiction(IRLJ)as they exist now or may be amended in the future, apply to the processing and adjudication of civil infractions under this chapter. 8.75.080 Enforcement 1) Particularly with the discharge of consumer fireworks in violation of this chapter, public awareness and voluntary compliance efforts should be used prior to enforcement under this chapter. 2)The county sheriff or their designee has the discretion to enforce this chapter. This chapter does not create a duty on the part of the county,the county sheriff,the county fire marshal,or local fire officials to enforce violations of this chapter. Decisions about whether and how to enforce this chapter shall be made in conjunction with the county prosecuting attorney or their designee. 3)The county sheriff or their designee may consult with the county fire marshal or a local fire official in enforcement of this chapter. The county sheriff or their designee are authorized to: a) Issue citations to or arrest without warrant persons violating the provisions of this chapter; b) Serve and execute all warrants,citations and other process issued by the courts; c) Send by certified mail any warrant, citation or other process to the last known place of residence of the person alleged to have violated of this chapter,which shall be deemed as personal service upon the person alleged to have violated this chapter. RED LINE VERSION 4) This chapter as well as permits or decisions issued under it may be enforced through the provisions of Title 19 JCC,Code Compliance. The county sheriff is the"director"for purposes of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator on decisions to enforce this chapter under Title 19 JCC. 5)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may exist, which may include filing civil actions in courts of competent jurisdiction under other applicable laws. 6)The county prosecuting attorney may at any time bring such additional injunctive,declaratory, criminal,or other actions as are necessary to enforce the provisions of this chapter. 7)Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously. 8.75.090 Severability. If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance codified in this chapter and the applicability thereof to other persons and circumstance shall not be affected thereby. 8.75.100 Effective date. That the ordinance codified in this chapter and the rules, regulations,provisions,requirements, orders and matters established and adopted pursuant to the ordinance codified in this chapter shall take effect and be in full force and effect one year after the date of adoption. 8.75.110 Disclaimer of liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county,its officers,employees or agents,or any local fire official, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter,or by reason or in consequence of the implementation or enforcement pursuant to this chapter,or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers,employees or agents. ANNEX B—SUPPLEMENTAL CODE CHANGES 8.72.010 Purpose and construction. 4)This chapter shall be liberally construed to carry out its broad purposes.aNewing-theleeal 8. 72.040 Fire danger risk level burn restrictions. RED LINE VERSION 5)Fire Danger Risk Levels. c)Stage 3 High Fire Hazard. i)Use of charcoal briquettes is prohibited,except fef-when used within a commercially made manufactured,listed,and labeled barbeque devices lasted and-used-at a private residence. ii)Target shooting outside of gun ranges,and use of exploding targets or incendiary ammunition is prohibited.Hunting is allowed in open areas. Chapter 8.75 JCC. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Ad iel McKnight, Deputy Clerk of the Board DATE: June 15, 2026 SUBJECT: PROCLAMATION re: Proclaiming June 19, 2026 as Juneteenth, a Holiday Commemorating the End of Slavery in the United States STATEMENT OF ISSUE: Juneteenth is a holiday celebrating the emancipation of those who had been enslaved in the United States. Juneteenth is now celebrated annually on June 19 throughout the United States, and became an official Washington State holiday in 2021. It is commemorated on the anniversary date of June 19, 1865,two and a half years after the signing of the Emancipation Proclamation, when Union soldiers arrived in Galveston, Texas and proclaimed the last remaining slaves in the United States to be freed. While emancipation is celebrated on this day, the institution of slavery was still legal and existed in the Union border states until the ratification of the 13th Amendment to the Constitution of the United States on December 6, 1865, which abolished legal slavery in the U.S. ANALYSIS: The Washington State Legislature, in April 2021,passed a bill making Juneteenth an official, paid state holiday. RECOMMENDATION: Read and pass the Juneteenth Proclamation in recognition of our nation's history and as a re-commitment to identifying where racism persists and work to confront injustice in Jefferson County. REVIEWED BY: Jos I. Peters, County Administrator Date PROCLAMATION Whereas, on June 19th, 1865,two and a half years after the signing of the Emancipation Proclamation, Union soldiers arrived in Galveston, Texas and proclaimed the last remaining slaves to be freed in the United States; and, Whereas, even though this day marks the emancipation of all slaves, the institution of slavery was still legal and existed in the Union border states until the ratification of the 13th amendment to the Constitution of the United States on December 6, 1865, which abolished slavery entirely in all of the U.S. states and territories; and, Whereas, since 1866, Juneteenth has been widely celebrated with cultural festivities to mark the end of a defining and painful era in US history; and, Whereas, millions of enslaved Africans were brought to North America where they were tortured and endured unthinkable tragedies, resulting in trauma that has endured through generations; and, Whereas, freed slaves and their kin faced discrimination in nearly every aspect of life after emancipation, including access to housing, equal pay, the ability to vote, freedom to attend public schools, access to banking and land purchase, to name only a few; and, Whereas, while the wealth and economy of the United States was built on the backs of enslaved people and on the land of Indigenous peoples, the economic legacy of American racism has resulted in intractable poverty due to lack of access to higher education, low rates of home ownership, and lack of investment in African American and other disadvantaged communities to this day. This systemic economic discrimination has prevented the attainment of prosperity, an American ideal, for generations; and, Whereas, systemic racism is evident in the criminal justice system, where for hundreds of years African Americans have far too often been unfairly profiled as offenders, denied access to due process and justice, given longer sentences than their white counterparts, and occupy a disproportionate share of death at the hands of law enforcement,jails, prisons and death row; and, Whereas,Jefferson County has, like most Counties, a history of racism dating from its inception as a result of the United States of America colonizing the land of the indigenous peoples who had stewarded these lands and waters from time immemorial-the Sklallam, Chimacum, Twanoh, Skokomish, Makah, Hoh, Quileute, Ozette, Suquamish, Quinault and others; and, Whereas, racism lives on to this day across the Olympic Peninsula from overt acts like the predatory stopping and detaining of immigrants, to the more subtle judgements and biases felt by black, indigenous and other people of color every day; and, Whereas, many residents of Jefferson County and the United States are calling for reforming of systems that perpetuate the ongoing injustice and economic disparity that have defined our country for far too long, largely based on the color of ones' skin; and, Whereas, in April, 2021 the Washington State Legislature passed a bill making Juneteenth an official state holiday. NOW, THEREFORE,BE IT RESOLVED THAT the Jefferson County Board of County Commissioners,joins 49 states and countless jurisdictions in proclaiming June 19, 2026 to be Jnneteenth, a Holiday Commemorating the End of Slavery in the United States in Jefferson County, and call for all residents to: Honor the culture and contributions that African Americans make to the fabric of our society and communities; Learn about and acknowledge the history and legacy of racism in the United States, Recognize that confronting racism is an American act in our country's foundational aspirations to form a pluralistic democracy and a more perfect union, Identify the ways that racism persists in perpetuating poverty and violence, Take personal responsibility to call out privilege and bias in ourselves, our communities and our institutions, and Recommit ourselves to achieving the American ideal of equality for all, and recognition that until Black Lives Matter, we have fallen short of that promise. APPROVED this 15t day of June, 2026. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS Heidi Eisenhour, Chair ATTEST: Heather Dudley-Nollette, Member Carolyn Gallaway, CMC, Clerk of the Board Greg Brotherton, Member 10:00 a.m. Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Adiel McKnight, Deputy Clerk of the Board DATE: June 15, 2026 SUBJECT: UPDATE re: Washington State Department of Natural Resources (DNR) 2026 1st Quarter County Income Report STATEMENT OF ISSUE: Bill Wells, Olympic Region Manager, and Drew Rosanbalm, Assistant Region Manager-State Lands, will provide the Commissioners with an update regarding DNR's Quarterly County Income Report. Junior taxing districts that have an interest in DNR county income—such as fire districts and school districts—will be notified of this agenda item. Other parties of interest in this session include the Jefferson County Treasurer and Assessor. FISCAL IMPACT: DNR staff will discuss timber sales and revenue reports. Jefferson County, as well as junior taxing districts within the county, have an interest in DNR proceeds from timber sales on State Trust Lands. RECOMMENDATION: Listen to the DNR update and ask questions, as needed. Should there be representatives of junior taxing districts present, consider accepting comments or otherwise enabling participation from those representatives. REVIEWED BY: J s D. Peters, County Administrator Dat rs .........44:.?..4HING Jefferson County e; 11\ 2026 Quarterly Income Report — Quarter 1 y u oc The Washington State Department of Natural Resources manages more than 600, 000 acres oftl state forestlands in Washington. State forestlands generate revenue that helps support , 4) counties and local services. The lands are located in 21 counties, though the amount of q. acreage of trust land varies considerably by county. This report provides county-specific Q N• information regarding quarterly revenue from state forestlands. irH i iJ ALL REVENUE' distributed to Jefferson County in Calendar Quarter 1 (January 1 — March 31, 2026). Due to the specific date monies are received by the Department and the cutoff dates used by the State Treasurer for wire transfers, the revenue for the current period may be different than actual remittances received by the county. 24,789.89 ALL REVENUE' accrued for Jefferson County this calendar year, 2026, as of March 31, 2026. For reporting purposes, DNR follows the modified accrual basis of accounting per Generally Accepted Accounting Principles(GAAP). Under this measurement focus, revenues are recognized and recorded when they become both measurable and available,i.e.,when invoiced. 24,800.00 NET VALUE' of State Forestland timber in Jefferson County under contract as of March 31, 2026. 3,002, 159. 10 Click here for 10-Year Revenue History. Click here for details about timber sales under contract. Net value of timber includes the estimated value of timber currently under contract and does not include the estimated value from non-timber sources. 1 All revenue refers to distributions from timber and non-timber sources. S14iNGT There are two types of state forestlands: State Forest Transfer lands, and State Forest Purchase lands. w 1. State Forest Transfer Lands.These are lands acquired by counties through tax V foreclosures that were subsequently turned over to the state. The Department o OC Natural Resources currently manages more than 538,000 acres of these forestlands in j 0 trust for 20 counties. Revenue from State Forestlands is distributed in accordance with 4, y RCW 79. 64.110. Based on population, Skamania and Wahkiakum Counties have„,„ 1. different distribution requirements compared with other counties. 1VATt7Rp` 2. State Forest Purchase Lands.State-issued bonds were used to acquire certain parcels of forestland from private owners.Typically, these forestlands had been logged and were in need of active management. Allocation of revenue from these lands was determined when purchase was authorized, as follows: 26.5 percent to the county in which the property is located; 50 percent to DNR for management expenses; and the remaining 23.5 percent to the State General Fund. State Forestlands Current as of 4/16/2025 Total State Forest Transfer State Forest Purchase Acres Clallam 93,109 242 93,351 Clark 26,306 3,850 30,156 Cowlitz 11,044 275 11,320 Grays Harbor 2,315 29,033 31,348 Jefferson 15,600 16 15,616 King 22,862 0 22,862 Kitsap 7,561 79 7,640 Kittitas 0 3 3 Klickitat 20,391 41 20,432 Lewis 40,005 3,069 43,073 Mason 28,334 565 28,899 Okanogan 42 0 42 Pacific 15,052 8,163 23,215 Pierce 8,878 3,339 12,217 Skagit 86,521 2 86,523 Skamania 37,885 4,472 42,357 Snohomish 62,498 1,681 64,179 Stevens 155 41 196 Thurston 20,025 23,530 43,555 Wahkiakum 12,636 0 12,636 Whatcom 29,289 996 30,285 Total Acres 540, 509 79,397 619,905 JEFFERSON COUNTY Table 2:STATE FORESTLANDS-TIMBER SALES UNDER CONTRACT NOTE:30 month timeline-updated every quarter) ems 2047 Ns LUMP SUM SALES omrattx utalSale Dlstrmu6un,to esters..st rs..hemainintValueto the County through ..r'.. re`. l" wtuumv I onlract tnd Date 3/31/2026 Maladjusted 106773 1,045,059.13 1,045,059.13 10/31/2026 AC Alder 107548 92,247.00 5,088.03 87,158.97 10/31/2026 Teed L167a666.1/ 1,132, 214, 10 SCALESALES vuntresta r,aure reurtee rear total Sale uistobu6onsto E,tun,tedten.. the County through 6e outn6ul,.,:.. 3/31/2026 No Scale Sales USW Contract 'drarren,.o.,nil„a rear,„ire total Sale tistribution,w tsunuted her...,. •SORT SALES me nultyu,ruugn uetnbelesn,butedt,,,n, 3/31/2026 County Data Last Crocker Resale Sort 1 107958 594,234.00 202,500.00 391,734.00 6/30/2026 Last Crocker Resale Sort 2 107959 244,541.00 82,500.00 162,041.00 6/30/2026 Last Crocker Resale Sort 3 107960 273,987.00 37,500.00 236,487.00 6/30/2026 last(rot ker Resale Sort 4 107961 667,802.00 52,500.00 615,302.00 6/ 30/2026 Last Crocker Resale Sort 5 107962 150,258.00 150,258.00 6/ 30/2026 Last Cro(ker Resale Sort 6 10/963 13,505.00 13,505.00 6/30/2026 Last Crocker Resale Sort 7 107964 12,197.00 12,197.00 6/30/2026 Last Crocker Resale Sort 8 107965 95,436.00 95,436.00 6/30/2026 Last Crocker Resale Sort 9 107966 6/30/2026 Last Crocker Resale Sort 10 107967 905.00 905.00 6/30/2026 Last Crocker Resale Sort 11 107968 192,076.00 192,076.00 6/ 30/2026 TMtg 2,244,941.00 1,469,941M Net Estimated Remaining Value of State Forestland Timber Under 3,002,159.10 Contract 1-LUMP SUM SA I1 Purchaser bids a fixed total sale value. Distributions occur throughout the contract as timber is harvested and invoiced.Contract can be 2.SCALE SALES Purchaser bids a fixed price per thousand board feet for the biddable species;prices for all other species are set by DNR prior to auction.The total value for scale sales are estimates only,actual value will depend upon the amount of timber volume harvested by species. Distributions occur throughout the contract as timber is harvested and invoiced.Contract can be extended. 3.50k I sAt 35 1)Contractor hired by DNR harvests timber,delivers togs to individual purchasers of log sorts,and the harvester is paid for those services from the gross proceeds.Purchaser bids a delivered log value,per thousand board feet.The net value(after payment of harvesting costs)are estimates only until the project is completed.Actual net value will depend upon the amount of timber volume harvested by sort.2)Distribution occurs once all operations are completed and the sale revenues and expenditures have been audited.Partial distributions may occasionally occur to provide revenue for the beneficiaries, or to meet the statutory requirement to maintain less than 55 million in the Contract Harvest Revolving Fund at the end of each calendar year under RCW Estimated Distribution Window SORTS Contract End Date it you are Interested In more Information related to state trust land distribution,please contact wililam.wells€Ddnr.wa.gov 360- 374-2100 NOTE:This table shows revenue from timber only,it does not include non-timber revenue. This revenue is distributed by the county in accordance with RCW 79.64.110 IN Olympic Region FY 2026 Planned and Sold Harvest 4111 t• . Ai 1 14.J SOOEV 'ROCKYRORD 1E % are stills RABBLE. 117.011,116.4". I NICK IN THE • PANTSV ICEi1E BEACH ' it..re. r OW IiiwallIL1 UL_/ Hioutotra V S.' Mason a May 266e,2026 Legend Planned Harvest-FY 2026 i Sold Harvest-FY 2026 OJunior Taxing Districts Surface Trust and Major Public Lands pis .. i r Forest Board RMCA and other a IL,1 Tribal Lands and Reservations ill US Forest Service r L National Park Service Miles r 0 2.5 5 10 I T dam usedhedaed to create dus map is statewide, corporate data from DNB's Geographic Information System. Extreme rare was used during compilation of dna J map to Insure accuracy However.due to changes ownership and the need to rely on outside sources of information,the Department of Natural J - - Resources cannot accept responsibility for Mors j-- or omissions and_therefore,Mae are no warranties which accompany thus material 1...'""'°. WASHINGTON STATE DEPARTMENT OF 1,0 OATURRL RESOURCES04VEUPTHEGROVECOMMISSIONEROfPunicLANDS rt<- Olympic Region FY 2027 Planned and Sold Harvest EAST FAL1S. 4. HERMANIN D N, BIROS EVE BIROS E1•L7\ iitrcc wr, yIEW NEW v 4 o • SLOW DRY111a . FVRE 1.-7 SANMaDOZEN p.14: BLUE CABOOSES 0Mu w •. a Pot.a;DON c _ -140104SORTS, aarSLc .a LEvwra ELK MI AI • RIG wa cy MCC.L E GODDMAN THIRD GE11r t, 0t• CITY SUCKER tRaTERS lineid' N1 +'RDED W1REf V I KUNAMANST OVAL O AGAIN f ul EAST MEETS L WEST 1 -_2:-. r SLAM Mason- i, i May nth,2ozg CROOKED MoSEo i L_:_., Legend f - _Planned Harvest-FY 2027 g: I --- Sold Harvest-FY 2027 nJunior Taxing Distncts 11 1111. Surface Trust and Major Public Lands Grays Hart— 1 Forest Board RMCA and other a 1.l Tnbal Lands and Reservations dl 1•1 3 US Forest Service EL.T National Park Service Miles II 0 2.5 5 10 The data used to create dus map is statewide. corporate data from ONR's Geographic ii Information System. Extreme care was used during compilation of this map to insure accuracy however,due to changes in ownership and the need to rely on outside sources of information,the Department of Natural Resources cannot accept responsibility for errors or onussions,and therefore,there are no warranties which accompany this material. swears WASHINGTON STATE DEPARTMENT OF 71a x 11ATURAL RESOURCES 4 DAVE URTNEGROVE COMMISSIONER OF PUBLIC LANDS Na• Projected Wired to County Projected Wired to County Projected Wired to County Projected Wired to County LAST CROCKER SORTS RESALE MULTIPLE SORT 1/8/2025 IN AUDIT 5447 $2,632,574.00 100%$1,974,431 324-100%$400,583 $0 $ 0 $ 1,573,847 $0 $0 $0 $0 $ 0 $ 1,573,847 $0 $400,583 $0 324- 57.4%N/A $0 $0 $0 $0 $214,721 $0 $226,990 $0 $441,711 $0 $0 $49,078 321- 9.8%N/A $0 $0 $0 $0 $36,659 $0 $38,754 $0 $75,413 $0 $0 $8,379 320- 32.80%N/A $0 $ 0 $0 $0 $122,698 $0 $129,708 $0 $252,406 $0 $0 $28,044 AC ALDER C3000107548 LUMP SUM 6/18/2025 10/30/2026 765 $ 122,996.00 100%$92,247 213-100%N/A $0 $5,088 $0 $0 $46,123 $0 $46,124 $0 $92,247 $5,088 $5,088 $9,224 TOTALS 9309 $3,895,616 $2,921,712 $400,583 $0 $5,088 $1,573,847 $0 $420,201 $0 $441,576 $0 $ 2,435,624 $5,088 $405,671 $94,725 SKIDDER LINE TBD LUMP SUM 10/28/2026 10/31/2028 3214 $723,150 100%$542,363 351-100%N/A $0 $ 0 $0 $0 $0 $0 $0 $ 0 $0 $0 $0 $542,363 ANTE UP TBD LUMP SUM 2/24/2027 10/31/2028 5492 $1,305,500 100%$979,125 320-100%N/A $0 $ 0 $0 $0 $0 $0 $0 $ 0 $0 $0 $0 $979,125 TOTALS 18,015 $5,924,266 $4,443,200 $400,583 $0 $5,088 $1,573,847 $0 $420,201 $0 $441,576 $0 $ 2,435,624 $5,088 $405,671 $1,616,213 All revenue figures are for calendar years, and already have DNR management fees deducted. 2026 Q1 All Revenue:$29,877 Non-timber:$24,789 Com. Sites $24,789 ROW/RUP $0 LEASES $0 SPECIAL FOREST PROD.$0 Timber:$5,088 3rd Quarter JEFFERSON COUNTY REVENUE PROJECTIONS FOR 2026 (ALL NUMBERS ARE ESTIMATES AND ARE SUBJECT TO CHANGES) SALES CURRENTLY UNDER CONTRACT. SALE NAME CONTRACT NO. SALE TYPE SALE DATE EXP. DATE Total Volume TOTAL VALUE % COUNTY TOTAL VALUE TO COUNTY TAX DIST. PREVIOUS YEARS 1st Quarter 2nd Quarter 4th Quarter PROJECTED 2026 Yearly Total WIRED SALE TOTAL WIRED TO COUNTY 2027 under contract ALL NUMBERS ARE ESTIMATES AND ARE SUBJECT TO CHANGE SALES PROJECTED TO BE SOLD IN FISCAL YEAR 2026 (ALL NUMBERS ARE ESTIMATES AND ARE SUBJECT TO CHANGE) MALADJUSTED C3000106773 LUMP SUM 1/29/2025 10/31/2026 3097 $1,140,046.00 100%$855,035 ENTERPRISE PERMIT & LICENSING (EPL) HOW DO WE GET THERE? •Stabilize data exchange between 3rd party applications (OnlineRME, Assessors Database, etc.) •Refine database configuration •Ensure all permits/cases are documented in EPL •Create and refine database reports •Start processing simple online applications via CSS •Document all processes to improve consistency •Formalize training for existing and new staff EH ACCOMPLISHMENTS •~85% EH Programs Implemented •Septic Permits & Monitoring •Food Permits •Water Recreation Facilities •Code Cases •School Health and Safety •Septic Professional Certifications •Homeowner Septic Inspector authorizations •Configuration of case reports/standard letters •Documentation of Workflows •Interdepartmental Routing DCD ACCOMPLISHMENTS •Paper to Digital Grant •Surface tablets for field inspections •Real -time photos, videos, and inspection results •Fire Prevention Mobile software •Integrated fire code and automated reports •Obtained Tyler Business Module •Short-Term Rentals and yearly Commercial Business Inspections •Digital Building Permit Submittals •Building permit applications and plans submitted digitally (using additional software) •Entire workflow managed electronically through EPL •Customer Transparency •CSS portal integration •Permit status tracking for applicants including notifications •Visible inspection schedule and results •Operational flexibility •Can create new permit types and work classes •Implemented combination inspections •Planning team process improvements •Streamlining reports (in-process) •Configurable plan conditions within EPL CUSTOMER SELF SERVICE (CSS) PORTAL •Phase 1 – Completed (access to public records) •Phase 2 •Configuration of Permit Applications •Configuration of CSS Navigator Tool •Integrated Payment Portal •Timeline: •Simple applications (STRs, Residential Mechanical, Temporary Food) – Fall 2026 •Complex Applications (Septic Permits, BLDs, Subdivisions) – Paused •Complex applications may require additional tools integrated with EPL . •Requires extensive effort for implementation that we currently do not have budget and staff for. TODAY’S CHALLENGES •Online Applications •Client Paying for Permits •Not client friendly •Multiple steps •High-level of client frustration •Prone to errors •Refunds, costly in terms of staff time •Initial Tyler Investment did not include •Digital Reviews •Decision Engine •Fire Module •Doesn’t pay for itself •Business Module •Ongoing EPL Configuration/Refinement •Budget and Staff Constraints UPCOMING CHALLENGES •Digital Reviews •Loss of Laserfiche/EPL integration •Heavy Impact to Staff Doing Reviews •Complicated •Prone to Errors •Tracking Document Retention •Requires integrated e-review tool with EPL •Report Conversions •EPL will require current reports to be converted to a supported format POSSIBLE SOLUTIONS •Revise Tech Fee Resolution •Supports Strategic Plan •Reallocate tech fee funds to implement online applications. •May require future increase of tech fee to maintain system integrity •Delay Online Applications TECH FEE FUND •2025 Ending Balance - $199,193 •$168,750 – Reserve for replacement. •$30,443 – After expenses & reserve saving. •2037 Ending Balance – $659,371 •$393,750 – Reserve for replacement. •$265,621 – Excess for special projects, upgrades, & incidentals •Full online application implementation •~$100,000 •Conversion of EPL Reports • ~$50,000 •Little room in budget for other upgrades & incidentals. LESSONS LEARNED •IT project management and executive support is essential •Documenting decisions and processes is essential •Dedicated database manager is essential. •Dedicated staff time is required. •Tech fee currently pays for system but likely cannot support future needs & goals. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D.Peters,County Administrator DATE: June 15,2026 SUBJECT: WORKSHOP re: Strategic Plan Draft Implementation Report STATEMENT OF ISSUE: The time period for the current, adopted Jefferson County Strategic Plan is 2024- 2028. Staff now presents to the Board a draft Strategic Plan Implementation Report for review and discussion. ANALYSIS: Implementation of the Strategic Plan has proven challenging for a variety of reasons. This report,which was developed with consultant assistance from BerryDunn and the contributions of multiple county departments, represents a simplified version from the dashboard envisioned previously. This iteration of progress tracking represents a snapshot in time. While in the process of collecting data associated with objectives in the Strategic Plan, ideas have emerged about adjustments to the Plan's objectives and corresponding metrics. FISCAL IMPACT: There are limited funds and time remaining in the BerryDunn contract. Staff anticipates continuing with implementation and progress reporting within adopted budgets. RECOMMENDATION: Review the draft and listen to input from Strategic Plan Implementation Steering Committee members, participating department heads, and other staff involved in the implementation tracking process. Ask questions and offer feedback on the draft so that staff may make needed adjustments to complete this Implementation Report. Guide staff towards continual implementation tracking, including direction for the next iteration of progress reporting. REVIEWED BY: 00I 1/440,I i4 6/11/2026 Jos D. Peters. County Administrator bite 1