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HomeMy WebLinkAboutFOP JCSOUSS re: Corrections Officer Retention Incentive, $15,000 - 010923a6l't-4:a1 MEMORANDUM OF AGREEMENT By and Between JEFFERSON COUNTY AND FOP/JEFFERSON COUNTY SHERIFF'S OFFICE UNIFORMED SUPPORT SERVICES THIS MEMORANDUM OF AGREEMENT is made by and between Jefferson County, Washington ("County") and the Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services ("JCSOUSS"). WHEREAS, the parties recognize that the work performed by the Corrections officers of the County is of critical importance and essential to the safety of the public and other County staff; and, WHEREAS, the parties agree that there are ongoing hiring and retention challenges for Corrections officers; and, WHEREAS, Jefferson County Sheriffs Corrections has experienced a prolonged inability to attract and retain qualified uniformed Corrections officers to staff the County Corrections Facility; and, WHEREAS, of a staff of 15 employees assigned to the Corrections Facility, there are 6 vacancies among Corrections officers; and, WHEREAS, current Corrections officers are required to work overtime to covervacancies and have worked approximately 2,600 hours of overtime since January, 2022, and, WHEREAS, the parties agree that work by County Corrections officers at current levels of overtime is not sustainable and poses risks to County Corrections officers, inmates and the public; and, WHEREAS, in the best of economic circumstances it is challenging to hire and retain Corrections officers, and, WHEREAS, the inability to attract and retain qualified Corrections officers has been exacerbated by the COVID-19 epidemic, and, WHEREAS, via Public Safety Testing, the County recruits from the same pool of applicants throughout the Puget Sound Region and competes with other agencies in attracting and retaining qualified candidates and staff; and, WHEREAS, throughout the Puget Sound Region Corrections officers are being offered hiring and retention bonuses; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, without hiring and retention bonuses, the County will be at a significant competitive disadvantage in hiring and retaining Corrections officers. Page 1 of 4 NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: INCENTIVE PROGRAM The County adopts the incentive program described below. a. Entry Level Hiring Incentive One-time hiring incentive to entry level applicants of $10,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $2,500 at successful completion of probation, $2,500 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. b. Lateral Level Hiring Incentive One-time hiring incentive for lateral -level applicants of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $5,000 at hire, $5,000 upon completion of first year and $5,000 upon completion of second year, and signing a three-year agreement approved by the County Administrator. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. Current Employee Retention Incentive One-time retention incentive for currently employed Corrections Deputies and supervisory staff of $15,000 and signing a three-year incentive agreement approved by the County Administrator. Paid in installments of $7,500 upon agreement for January, 2023 time (paid February 5, 2023), $3,750 upon completion of first year and $3,750 upon completion of second year. If employee separates from County service prior to completion of three years of service, the employee will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a 12 month period. 2. DURATION OF INCENTIVE PROGRAM The incentive program will be re-evaluated every six months to determine the duration of incentive program. The County may in its sole discretion decide to terminate the incentive program six months after adoption of this Agreement. 3. GENERAL TERMS a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. Page 2 of 4 b. Should either party bring any legal action, each party in such action shall pay for 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. C. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: i. No representation or promise not contained in this Agreement has been made. ii. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. iii. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. d. 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 under this Agreement shall be submitted in writing within 10 days to the County Risk Manager, 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 pay for 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 under the laws of the State of Washington. The parties consent to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. e. 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. f. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. g. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. h. 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. i. The parties agree this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 3 of 4 u (. Board of County Commissioners sezfer Courny, Washington T:t j 116 (Z ' � H h rr, Chair Slate 1 V2 112 Z Kau Oeac. m..: a,� � 4 , er Date Approved as tloon or* o .. November 7, 2022 Date Page 4of4 •;. ; • ,.,M! A; 1712 mq AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and Pnk -),��� (the Employee) and Fraternal Order of Police (FOP)/JeffCounty Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /-Clq)/ I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employe ad- Employee Signature ate Qsn k? ) Employee knted Name On this day personally appeared before me �r rJY-Uvjy� known as the Applicant, and that I know or have satisfactory evidence hat the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under seal this J 01" NOTARY PUBLIC ti Exp JEFFERSON COUNTY: Date Chair, Board of County Commissioners Approved as to form: day of20 NOTARY PUBLIC i and for the State of Washington EMPLOYEE: Signature Date M&NI 3zgW _ Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 Date Date For Employe Employee Signature ate a� Employee inted Name On this day personally appeared before me �ro' CJr wI! known as the Applicant, and that I know or have satisfactory evidence hat the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under ,mO WAV1,94 this seal this LA .. P�••:yio2oii3•Ccc -; NOTARY N o� PUBLIC tit z EXP�4�5o(j�O`` JEFFERSON COUNTY: Date Chair, Board of County Commissioners day of �ar 20 —P NOTARY PUBLIC i and for the State of Washington Approved as to forrm::` mx bp-s, b UU'Et4k*A�w 01.04.2023 for EMPLOYEE: J Signature _ Date C (`>n Printed N Ime JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreeme4,,) is made 'and entered into by and between Jefferson County (the County) and n^ _ V U ("A (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /A/ I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee Employee Signa ure Date l—I riclrP� �vor� Employee Printed Name On this day personally appeared before me —,/1d(`F7 La)rA known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of �w �tr 20 REBECCA M TURNER NOTARY PUBLIC in and for the Notary Public State of Washington State of Washington Commission 11 21012964 L=iCP 0Lk%8>�� My Comm. Expires Apr 3, 2025 '`- JEFFERSON COUNTY: EMPLOYEE: Date Signature Date Chair, Board of County Commissioners 4 Printed Name Approved as to form: JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 For Employee Employee Sign� Aure Date - � (I � (Y",j - �0 0 Employee Printed Name On this day personally appeared before me � d"'.) VC'l . known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of_ D�evY1�] REBECCAM TURNER I NOTARY PUBLIC in and for the St�F�3G�n Notary Public State of Washington State of Washington Commission # 21012964 L= x P mil% �j My Comm. Expires Apr 3, 2025 JEFFERSON COUNTY: '4/2 3 C�r2y�i t� vai' Date Chair, Board of County Commissioners Approved as to form: 01.04.2023 for EMPLOYEE: Signature /� V1j (Y'A� �00I "I Printed Name Date JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) 15 made, and entered into by and between Jefferson County (the County) and (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff' Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Emolovee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Em ployee- k� "I � 1 ,� r, Employee Signature Date ILLL &- L� Employee Printed Name On this day personally appeared before meknown as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of De alwk'a iw 20 - ;..�� PPHIL�/s► 1���/ NOVARYBLIC in and for the % iio"2 Z State of Washington i �,'/i, A��� lb K = S JEFFERSON COUNTY: ZJ�g Date Chair, Board of County Commissioners Approved as to form: EMPLOYEE: � I Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date For Em ployee !, I2-3 2n2 Employee Signature Date Employee Printed Name On this day personally appeared before me _ �u known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day off20_ ti��Q, pS+IIit,t��i Ot�Rr�� LI-Z NO ARY B IC in and for the 110112 State of Washington = Aa + 195: 0 t+rt�vt4���N ` .-.. JEFFERSON COUNTY: - 1 Z3 C+r Pa}yn�l �✓ f;Vt Date Chair, Board of County Commissioners EMPLOYEE: "L( Signature All Date +' n _Aa Printed Name Approved as to form: JCSOUSS EMPLOYEE ASSOCIATION/FOP 6AAJjp.A--b. i-K LJWAp•w 01.04.2023 for Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist Date AGREE ME NTBETWEENJEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and 1,QAcoti) (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement, When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: / P-LM/ I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee Employee Signature Date Row'Ca,L �-- L �.•� A'�LLG otil Employee Printed Name On this day personally appeared before me /2 %oe / e- G674 a- /✓ Ae-o/.( known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of ��C �/`„120_v , Nt"gt11Ntnphll "0GPM '0y .�' G �/,Q'% OTARY PUBLIC in and for the ��:ion #?jo'�2��� State of Washington{u� i L ' PUBOG 2 �,A ': • p AZ JEFFERSON COUNT t,,. .........' �fi ` EMPLOYEE: F Wp,g���,•` Date Chair, Board of County Commissioners Approved as to form: Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Signature Date 7eoF-&Ie-k- L, AAAeaq Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 For Employee 1 1f , Employee Signature Date [-� L F,'.►t.1-,2 44,44pN Employee Printed Name On this day personally appeared before me i2p4E.are. -- G.6441-,rt_ />'i/A,--O t known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this �j' day of 1 /�Ca/w �E .J�20� T�$1',,% -r-r .Q (NOTARY PUBLIC in and for the �<v� onz'�;` State of Washington]%r y �n NOTARY (P PUBS% o q 04/00.L�. ,S 1EFFERSO OUNT,FF •'"\'�.�`� EMPLOYEE: r� 1� OWAS Date Chair, Board of County Commissioners Approved as to form: )§AAA A- -b - Uf 1�� 01.04.2023 for Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Signature Date c�oclzt l� L. AAAe.eti! Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal Monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pav Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. S. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. /61�7r/ I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee Employee Signature Date A�i/►iGei 64l/�z� Employee Printed Name On this day personally appeared before me ✓� C 1(rA(2-r known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this- ,rl/day of JEFFERSON COUNTY: Date Chair, Board of County Commissioners Approved as to form: Philip C. Hunsucker Date Chief Civil Deputy Prosecutor WI State of Washington EMPLOYEE: Signature Date et'WC� Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 For Employee Employee Signature Date Gf G-u, Employee Printed Name On this day personally appeared before me ✓'414 �TAQ-C -.,known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of JEFFERSO COUNTY: 14 23 Date Chair, �oard of County Commissioners Approved as to form: GI,A.JP—e,-b. Uf UJoKav,- 01.03.2023 for Philip C. Hunsucker Date Chief Civil Deputy Prosecutor WIRIM NOTARY PUBLIC in and for the State of Washington EMPLOYEE: Signature Date j f WC tf/ ti e Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSONCOUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE- Page 5 of 5 AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this A reement) is mad and entered into by and between Jefferson County (the County) and ,%kX- (the Employee) and Fraternal Order of Police (FOP efferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pay Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /M% / I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee l 2-t-Z2 Employee Signature Date Employee Printed Name i On this day personally appeared before me - ,e,r— known as the Applicant, and that I know or have satisfactory evidence4hat the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this Lr11-day of )ItCM 2022- �. P lit S /t, � OTA Y PU LIC in and for the ;� Bg+ON to z State of Washington ; o 110 712 0 JEFFERSON COUNTY: EMPLOYEE: 11\\� !z-z z'Z Date Signature Date Chair, Board of County Commissioners Printe4 Name Approved as to form: JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 For Employee Employee Signature Date Employee Printed Name On this day personally appeared before me -u �,�,U known as the Applicant, and that I know or have satisfactory evident hat the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this L",day of beCMV-U-✓ _ 20 JEFFERSON COUNTY: Date Chair, B6ard of County Commissioners Approved as to form: In I VAA4AA..Q., b. Z,KJ ��►ti 01.04.2023 for -NOTA Y PU11LIC in and for the '=s 1VE4�4, ri! State of Washington s o� *ot���*rf 110112 a� w U',� 14 AV a A� EMPLOYEE: Signature Date Printe Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date AGREEMENT BETWEEN JEFFERSON COUNTY EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Agreement) is made and entered into by and between Jefferson County (the County) and 5-4%"'EVF_r/ FF_i'060W (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriffs Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriffs Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pav Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainderof this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee / -- 1 z-IZI Employee Signature Date syatVl�,j FEI" G OLD Employee Printed Name On this day personally appeared before me Srev I-1i Ict--INC OLD known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this 2 r'kday ofDtomb6)r20_Z-2 A � JEFFERSON COUNTY: Date Chair, Board of County Commissioners Approved as to form: OTARY PUBLIC in and for the State of Washington EMPLOYEE: N.—� (4-L A--l—t - Signature Date STCV t14 !R= +''G OL_3 Printed Name 1CSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date For Employee A— �A� 12,147vul- - - Employee Signa re Date SrEvCrj FEj'i4 0L'P Employee Printed Name On this day personally appeared before me S TEV F_ PJ fc'r-_ IMC OtD known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this Y16(- day of DCCM�V 20 12 lilt, �. PPNttI sloov -tVOT RY P BLIC in and for the r� o� IOTA* V" State of Washington " 110712 i S- .�' ti ���///�1�4a �WASN'���`� JEFFERSON COUNTY: EMPLOYEE: ,+��i��t����s��~�` lN7 Date Chair, �oard of County Commissioners Approved as to form:: v���� . uf "40u Y 01.04.2023 for Philip C. Hunsucker Date Chief Civil Deputy Prosecutor S___.F001 (L/s A'-Z't- Signature Date 5-rcyP4 rrc) `4 ©L-3 Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE —Page 5 of 5 Date AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE AND UNION FOR EMPLOYEE RETENTION INCENTIVE This Agreement Between Jefferson County, Employee and Union for Employee Retention Incentive (this Ag! ernt) is rr and entered into by and between Jefferson County (the County) and ,/ (the Employee) and Fraternal Order of Police (FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the Union). WHEREAS, the Employee is an employee of the County who works at the Jefferson County Sheriff's Department (the Department); and, WHEREAS, the Union is the exclusive bargaining representative for the Employee; and, WHEREAS, the Union has agreed to a Memorandum of Agreement by and between the Department and Fraternal Order of Police(FOP)/Jefferson County Sheriff's Office Uniformed Support Services (JCSOUSS) (the CBA, APPENDIX A), which is incorporated here by reference; and, WHEREAS, the Department has experienced a prolonged inability to attract and retain qualified uniformed Corrections Officers to staff the County Corrections Facility; and, WHEREAS, the ability to maintain appropriate staff levels in the County Corrections Facility is essential to the safety and security of the employees, the incarcerated people and the citizens of the County; and, WHEREAS, under the terms of Agreement the County is offering a retention incentive of $15,000 to current uniformed Corrections Officers to maintain appropriate staff levels; and WHEREAS, under the terms of Agreement the retention incentive requires completion of three years of service to the County or the Employee will be required to pay back the incentive; and, .WHEREAS, the Employee understands that the Department will incur substantial expenses in the provision of the incentive payment under the terms of the Agreement; and, WHEREAS, the one-time retention incentive requires a three-year incentive agreement approved by the County Administrator; and, WHEREAS, it is acknowledged by the undersigned that if the undersigned were to leave County employment prior to completion of three years of service, the undersigned will be required to pay back the incentive on a pro -rated basis in equal monthly installments over a twelve-month period; NOW, THEREFORE, the County, the Employee and the Union hereby agree: 1. Current Employee Retention Incentive a. The Department will pay a Retention Incentive of $15,000 to the Employee. b. The Retention Incentive will be paid in installments as follows: AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 1 of 5 i. $7,500 upon signing Agreement for January 2023, paid February 5, 2023; ii. $3,750 upon completion of first year; and iii. $3,750 upon completion of second year. 2. Required Reimbursement of Incentive if Employee Separates from County Service Prior to Completion of Three Years of Service: Employee will be required to pay back the Retention Incentive on a pro -rated basis in equal monthly installments over a 12-month period if Employee separates from County service prior to completion of three -years of service. 3. Deduction from Employee Pav Authorized. a. Repayment Where Employee Resigns from Corrections Officer job. If the Employee resigns from a Corrections Officer job before the completion of the three-year period, but remains employed by the County, then reimbursement of Incentive of all amounts already paid shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. b. Repayment Where Employee Resigns from County. If the Employee is terminated from employment at the County, either voluntarily or involuntarily, then the remaining shall be repaid on a pro -rated basis in equal monthly installments over a 12-month period, starting on the first day of the next month following resignation. 4. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement When an Employee Is Being Offered Another Position within the County. The Department Director may waive or modify the reimbursement obligation required by this Agreement at their sole discretion. Any other director of a County department may waive or modify the reimbursement obligation required by this Agreement at their sole discretion when deciding whether to offer the Employee a position outside of the Department, provided that the terms of the employment for the position outside of the Department require the other department to reimburse the Department on the Employee's behalf. 5. Controlling Law. a. It is understood and agreed this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed under 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. b. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 6. Litigation/Jurisdiction/Venue. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 2 of 5 a. Should either party bring any legal action, each party in such action shall pay for its own attorney's fees and court costs. b. 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. c. 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 pay for its own attorney's fees and court costs. 7. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts of this Agreement are contained herein. The parties agree that: a. No representation or promise not contained in this Agreement has been made. b. They are not entering into this Agreement based on any inducement, promise or representation, expressed or implied, which is not contained in this Agreement. c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 8. 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 sections or this Agreement. 9. 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. 10. No Oral Waiver. No term or provision of this Agreement will be 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. 11. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the County's Personnel Administration Manual. 12. Severability. Provided it does not result in a material change in the terms, if any provision 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. 13. Modification of this Agreement. This Agreement may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 3 of 5 14. Signature in Counterparts. 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. 15. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 16. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and is incorporated by reference into this Agreement. 17. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice. By signing below, Employee acknowledges and agrees that Employee has had the opportunity to review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms and conditions of this Agreement. The Employee and the Union understand that the Employee has the right to have this document examined by an Attorney of their choosing and at their expense, and to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below: Employee: Initial one of the lines below as applicable: /� I fully understand the nature and terms of the binding obligation created pursuant to this contract and have chosen to waive my right to consult with an attorney. // I have consulted an attorney regarding this Agreement and received his/her explanation of its terms as evidence by the attorney's signature below. (If you initial this paragraph, have your attorney also sign this agreement.) [SIGNATURE PAGE FOLLOWS] AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 4 of 5 For Employee 2-/V-zZ Employ a Signature Date Employee Printed Name On this day personally appeared before me ;�4 �G��� known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this1" day of. ' 20. REBECCA M TURNER Notary Public State of Washington Commission # 21012964 My Comm. Expires Apr 3, 2025 JEFFERSON COUNTY: Date Chair, Board of County Commissioners Approved as to form: NOTARY PUBLIC in and for they State ofMasin ton EMPLOYEE: � /t� / � �. 1-2, 22 Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Philip C. Hunsucker Date Ashley Moore, Association President Date Chief Civil Deputy Prosecutor Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE — Page 5 of 5 Date For Employee zZ Employ (e Signature Date Employee Printed Name On this day personally appeared before me /d ����� known as the Applicant, and that I know or have satisfactory evidence that the above persons are who appeared before me, and said person acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Given under my hand and of this seal this day of _20S�c�. REBECCA M TURNER NOTARY PUBLIC in and for the,{fie fws` Notary Public State of Washington Commission s 21012964 My Comm. Expires Apr 3, 2025 JEFFFEpRSO COUNTY: Date Chair, �oard of County Commissioners Approved as to form: 1 &AAhP-&,-b - WL44f*l *^-01/04/2023 for Philip C. Hunsucker Date Chief Civil Deputy Prosecutor � to of Was ingt�� EMPLOYEE: Signature Date Printed Name JCSOUSS EMPLOYEE ASSOCIATION/FOP Ashley Moore, Association President Date Doug Luse, FOP Labor Specialist AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION FOR EMPLOYEE RETENTION INCENTIVE - Page 5 of 5 Date