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HomeMy WebLinkAbout2018-04-26-minutes-hr-study-sessionCOMMISSIONERS’ MINUTES KITTITAS COUNTY, WASHINGTON BOCC AUDITORIUM SPECIAL MEETING HR STUDY SESSION THURSDAY 9:00 AM APRIL 26, 2018 Board members present: Laura Osiadacz, Obie O’Brien, Paul Jewell Others: Barb Demory, Lisa Young, Jeanne Killgore 1. CALL TO ORDER The meeting was called to order at 9:01 AM. 2. TRANSLATOR STIPEND DISCUSSION/DECISION – DISTRICT COURT HR Director Young briefly reviewed the District Court’s proposal of a monthly stipend for staff that have been qualified by the Judge to serve as a court translator. This is a continuation of the discussion from two previous HR Study Sessions. Court Administrator Demory was present to answer questions and provide any additional information needed. The proposal would require an MOU with Union 792 CH. Commissioner Jewell and Commissioner Osiadacz expressed concerns about opening up the union contract mid-cycle, and questioned the implications it may have with other employee groups and/or departments around the County. Commissioner Jewell suggested that the proposal be rewritten to be specific to the circumstances of the court and to leave no room for outside interpretation. Commissioner Osiadacz and Commissioner O’Brien agreed with Commissioner Jewell’s suggestion. Director Young will work with Commissioner Jewell on a draft MOU in preparation for future discussion. 3. STAFFING DISCUSSION/DECISION – TREASURER’S OFFICE/DEPUTY TREASURER The Commissioners discussed the Treasurer’s plan to add a Deputy Treasurer position to his staff. The Commissioners noted that the Treasurer must have the necessary documents signed prior to moving forward with the position as these documents create funding for the position. Director Young noted that part of the future discussion will include staffing changes due an upcoming vacancy in the Treasurer’s Office. The Treasurer was not present for this discussion so further discussion will be held for the next HR Study Session. 4. CONSIDER FOR APPROVAL A RESOLUTION ADOPTING ELECTED OFFICIAL WAGES Director Young presented a Resolution for signature that would adopt Elected Official wages for 2019- 2022. The Resolution was created based on the compensation strategy recommended by the Citizens’ Advisory Committee on Salaries for Elected Officials, and the implementation plan discussed at the COMMISSIONERS’ MINUTES KITTITAS COUNTY, WASHINGTON BOCC AUDITORIUM SPECIAL MEETING HR STUDY SESSION previous HR Study Session. Commissioner O’Brien moved to approve Resolution 2018-068. Commissioner Jewell seconded the motion. Motion approved; 3:0. 5. REQUEST TO APPROVE CHAIR SIGNATURE ON THE KVH WORKPLACE HEALTH – SERVICES AND CONTRACT PRICING AGREEMENT Director Young presented a price agreement from KVH Workplace Health that would allow us to use their facility for required CDL physicals. Director Young noted that the price agreement does not bind us to strictly using KVH for this purpose; however, she hopes that the Union will agree to name KVH Workplace Health the primary facility for CDL physicals which would save time and money for the employees and County. Commissioner O’Brien moved to approve Chair signature on the pricing agreement. Commissioner Jewell seconded the motion. Motion approved; 3:0. 6. CONSIDER FOR APPROVAL THE EXECUTION OF THE CERTIFICATE OF FORMATION OF GREATER COLUMBIA BEHAVIORAL HEALTH, LLC Commissioner O’Brien commented that this is the document needed to initiate the LLC, and it is the same as the draft previously shared but with signature pages. Commissioner Jewell moved to approve Board signature on the Certificate. Commissioner O’Brien seconded the motion. Motion approved; 3:0. 7. REQUEST FROM THE PINK E-RACERS TO HOLD THE ANNUAL PIZZA PINK OUT ON MAY 30TH Director Young presented the request from the Pink E-Racers to use the BOCC Auditorium on May 30th, 2018 for the purpose of serving pizza to County staff as part of their annual fundraiser for the Susan G. Komen Race for the Cure. Commissioner O’Brien moved to approve the request. Commissioner Osiadacz seconded the motion. Motion approved; 3:0. 8. OTHER BUSINESS Executive Session – Performance of a Public Employee RCW 42.30.110 (g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. COMMISSIONERS’ MINUTES KITTITAS COUNTY, WASHINGTON BOCC AUDITORIUM SPECIAL MEETING HR STUDY SESSION The Commission entered executive session at 9:49 AM to discuss the performance of a public employee. Anticipated length: 5 minutes; anticipated action: none. The Commission exited executive session at 9:54 AM with no action taken. 10. ADJOURN The meeting was adjourned at 9:54 AM. KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Lisa Young, HR Director Laura Osiadacz, Chairman COURT TRANSLATOR PAY – OPTIONS TO CONSIDER STIPEND or PREMIUM PAY The District Court is proposing three levels of Court Translator pay based on level of qualification. I. Qualified by the Judge - $150/month ($.865/hour) II. Registered with a State Agency (i.e., DSHS Social Service Interpreter) - $250/month ($1.442/hour) III. State Certified Interpreter - $350/month ($2.019/hour) According to a 2017 survey conducted by the Court Interpreter Program, the average hourly rate for each of these categories is: I. $46 (*173.333=$7973/mo.) II. $50 ($8667/mo.) III. $54 ($9360/mo.) Hours were tracked by one Court staff member for the months of May and June (2017), and reported as:  May 2017 – 4.33 hours (260 minutes) – approximately 3% of full time  June 2017 – 4.17 hours (250 minutes) – approximately 2% of full time There are different ways to calculate additional pay via stipend or premium pay. 1) Monthly Stipend – as proposed by the Court, employees may qualify for a monthly stipend. Per the proposal above, an employee qualified by the Judge to provide translator services would receive $150/month. For illustrative purposes, based on the hours spent providing translator services for the months of May and June, this would equate to $34.64/hour and $35.97/hour, respectively. For an employee registered with a State Agency (such as DSHS), this would equate to $57.74 and $59.95 per hour, respectively. This is in addition to their regular rate of pay. (Payroll would prefer that the monthly amount be converted to an hourly rate of pay for administrative purposes). 2) Hourly Premium Pay - $150 converted to an hourly rate is $.865; $250 = $1.442, and $350 = $2.019. Other contracts with premium pay range from $1.00 - $3.00 per hour. When the employee is performing the added duty (such as a Field Training Officer), they receive the premium pay. A similar hourly rate structure could be established for performing translator services. The hourly rate for an LPA III ranges from $17.83 - $20.34. PRO’S TO A STIPEND:  Keeps the extra pay separate from the regular LPA III wage scale for tracking/reporting/budgeting purposes.  A stipend can be added or removed without disruption to employee status or base compensation.  Depending on how many hours are spent providing translator services, it could be more affordable for the Court than other methods of providing services.  Multiple employees can be approved to receive the stipend (it is the Court’s intent at this time to provide the stipend to two employees in LDC, and one in UDC).  Having an employee available who can provide translator services is more beneficial than having to arrange for an outside interpreter in advance, and possibly having them wait for hours to be utilized. CON’S TO A STIPEND:  Depending on how many hours are spent providing translator services, it could be more expensive for the Court than other methods of providing services.  Fair application of the stipend may be difficult; what if more employees want to be qualified than the budget can cover? What will the process be to ensure fair selection? What if an employee wishes to obtain State Certification – will they be guaranteed the higher stipend if it is not in the budget? PRO’S TO HOURLY PREMIUM PAY:  Keeps the extra pay separate from the regular LPA III wage scale for tracking/reporting/budgeting purposes.  Premium pay can be added or removed without disruption to employee status or base compensation.  Hourly pay will provide more accurate compensation since it is based on hours actually spent providing translator services.  Hourly premium pay can be provided to more employees because they are only being paid for services rendered; not for being “on call”. CON’S TO HOURLY PREMIUM PAY  Setting the right amount may be challenging given the range between premium pay that exists in other contracts vs. the published survey rates for interpreter services.  Fair application of the premium may be difficult, as with the stipend. DESIGNATION VIA JOB DESCRIPTION Rather than compensate for translator services through a stipend or premium pay, the Court could create a Legal Process Assistant/Translator position, and translator services would be an essential function. The new wage scale would be slightly higher than an LPA III to reflect these extra duties. PRO’S TO DESIGNATION VIA JOB DESCRIPTION:  No separate pay to track. CON’S TO DESIGNATION VIA JOB DESCRIPTION:  It may be more difficult to find candidates who meet the minimum qualifications.  It will be more difficult to grant different levels of pay for different levels of qualification/certification – we may have to create three levels of the position with different wage scales.  It cannot be taken away as easily – the employee would have to be reclassified to a different position, but then the Court would not be able to backfill without getting approval for additional FTE or terminating the employee no longer qualified. GENERAL PRO’S/CON’S TO TRANSLATOR PAY PRO’S:  Provides those employees qualified to perform additional duties that benefit the Court with recognition via compensation.  Provides the Court with instant access to services – no need to schedule an outside translator or use the Language Line. CON’S:  Translator pay has not been implemented by policy or contract in Kittitas County; this may set a new expectation and if the BOCC decides to provide this additional pay it should be clearly noted in the Memorandum of Understanding with the Union that it is strictly due to the Court’s obligation to provide interpreter services specifically for Court-related translation. There are many other departments who could make the case for interpreter pay because it would help them provide better service to the public.  It could add another level of complexity to wage studies (another reason why stipend or premium pay may be more beneficial than designation by job description – it keeps the comparison more apples to apples among district courts in WA; according to the survey only 15% of courts use staff translators). BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTIT AS ST ATE OF WASHINGTON RESOLUTION NO.: 2018-068 IN THE MATTER OF SETTING SALARIES FOR ELECTED OFFICIALS (Excluding Judges) WHEREAS: The Kittitas County Board of County Commissioners (BOCC) believes the salaries of elected officials should be subject to periodic public review; and WHEREAS: In 2017 the BOCC created a "Citizens' Advisory Committee on Salaries for Elected Officials of Kittitas County" ("Salary Committee") via Resolution 2017-134; and WHEREAS: The Salary Committee met on January 22 and February 26, 2018, to review data and formulate a compensation strategy and recommendation to the BOCC for wages through 2022; and WHEREAS: The Constitution of the State of Washington prohibits the salary of an elected official being diminished during the course of their existing term, and salaries for Elected Officials must be set prior to filing week, which begins May 14, 2018; and WHEREAS: The State of Washington establishes, in consultation with the Citizen's Commission on Salaries for Elected Officials, the salaries of Superior Court Judges, and Kittitas County Policy establishes District Court Judges salaries based on Superior Court Judges' salaries; and WHEREAS: Effective September 1, 2013 the State established its portion of the Prosecutor wage per SSB 6297 to be S6,325.38, and the County has amended its portion through annual Resolution, with the last being Resolution 2017-204; and WHEREAS: The salaries for County Commissioner - Districts 1 & 2 were set prior to the filing period for said offices in 2016, and the salary for Commissioner District 3 must now be set for 2019- 2022, and the salaries for Assessor, Auditor, Clerk, Coroner, Treasurer, Prosecutor, and Sheriff must now be set for 2019; and WHEREAS: The BOCC met during two HR Study Sessions, March 27 and April 10, to review the Salary Committee's recommendations, and consider alternative implementation methods; NOW, THEREFORE BE IT RESOLVED that the Kittitas County Board of Commissioners hereby adopts the following: Section 1: All prior resolutions insofar as they are inconsistent herewith are repealed. Section 2: The salaries of Kittitas County's elected officials have previously been established as follows: i!J"FoT?i05'7,rlJ,=:fIt.,&J:li%ili -':-y'J'J-a'=I,2C-z?tai'%-.;"i"". 'f:ui'Jm::I*IJ"'1ZTL.7-" };y-att00q '%Wq!Hl'ttt-a atiVi#' i7nlX; ' s@ Y'. .Walizyyl; d Ig-Q%%b '.'=-:'%,2 f84pTh:7::j County Assessor 3s,iffiTh 'S5,859 S6,035 S6/186 TBD TBD County Auditor S5,688 S5,859 S6,035 S6,186 TBD TBD County Clerk S5,688 S5,859 '!,6,035 S6,186 TBD TBD County Coroner S5,688 !>5,859 '56,035 !,6/186 TBD TBD County Treasurer S5,688 S5,859 S6,035 S6/186 TBD TBD County Prosecutor*910,87 4.62 911,011.10 911,151.67 Sll,272.33 TBD TBD County Sheriff S7,386 S7,608 S7,836 S8,032 TBD TBD County Commissioner 1 S5,919 S6,067 I1S6,219 . S6,374 S6/565 S6,762 I County Commissioner 2 S5,919 %,067 i1S6,219 1S6,374 S6/565 S6,762 County Commissioner 3 !55,919 S6,067 S6,219 i*ii i5.s5zz\TBD , TBD For 2019-2022, the salaries will be as indicated in the attached Addendum Items to note: * Effective September 1, 2013 the State increased its portion of the Prosecutor wage per SSB 6297 from 56,201.33 to !>6,325.38. The salary increases reflected in the Addendum for 2019-2022 are applied to the County's portion of the salary only. *Prior to the first full week of May 2020, the salaries for Commissioner Districts I and 2 will need to be determined. The Salary Committee will meet in 2019 to begin work on a new recommendation for the terms commencing in January 2023. Section 3: The salaries of the Superior and District Court Judges are set by the Washington State Salary Commission and will be reviewed and adjusted as necessary to comply with State Law and the Policies and Ordinances of Kittitas County. Section 4:The salary increases set forth in this Resolution shall be effective as of January 1, 2019. ADOPTED this 26'h day of April, 2018. 111111111111 BOARD OF COUNTY COMMISSIONERS KITTIT AS CO , WASHINGTON Fiie O: n '. Vice-Chair Gl ell, CoaFnmissioner 2019-2022 Salaries for Elected Officials Addendum to Resolution 2018-068 BOCC Auditor Assessor Clerk Coroner Treasurer Sheriff Prosecutor State County 2017 Comp 7,188 7,085 7,085 7,085 7,085 7,085 8,506 12,960.00 *see special note RE: Prosecutor Annualized 86,256 85,020 85,020 85,020 85,020 85,020 102,072 155,520.00 6325.38 6634.62 2018 88,844 87,571 87,571 87,571 87,571 87,571 105,134 157,908.46 6325.38 6833.66 1.03 2019 91,509 90,198 90,198 90,198 90,198 90,198 108,288 160,368.58 6325.38 7038.67 1.03 2020 94,254 92,904 92,904 92,904 92,904 92,904 111,537 162,902.50 6325.38 7249.83 1.03 2021 97,082 95,691 95,691 95,691 95,691 95,691 114,883 165,512.44 6325.38 7467.32 1.03 2022 99,994 98,562 98,562 98,562 98,562 98,562 118,329 168,200.68 6325.38 7691.34 1.03 *The Prosecutor wage is partially funded by the State ($6,325.38). The recommended increase would be applied to the County's portion, including the percentage calculation for out-years. Current 2018 6,374 6,186 6,186 6,186 6,186 6,186 8,032 11,272.33 6325.38 4,946.95 Annualized 76,488 74,232 74,232 74,232 74,232 74,232 96,384 135,267.96 2019 78,783 76,459 76,459 76,459 76,459 76,459 99,276 137,048.86 6325.38 5,095.36 1.03 2020 81,146 78,753 78,753 78,753 78,753 78,753 102,254 138,883.19 6325.38 5,248.22 1.03 2021 83,580 81,116 81,116 81,116 81,116 81,116 105,322 140,772.55 6325.38 5,405.67 1.03 2022 86,087 83,549 83,549 83,549 83,549 83,549 108,482 142,718.59 6325.38 5,567.84 1.03 Bring to BOCC rate 0.00%103.04%103.04%103.04%103.04%103.04%103.04%103.04% 103.04%* Match + 3% trend 103.00%106.13%106.13%106.13%106.13%106.13%106.13%102.69%106.13% Current 2018 6,374 6,186 6,186 6,186 6,186 6,186 8,032 11,272.33 6325.38 4,946.95 Annualized 2018 76,488 74,232 74,232 74,232 74,232 74,232 96,384 135,267.96 (match BOCC) 2019 78,783 78,783 78,783 78,783 78,783 78,783 102,294 138,907.65 6325.38 5,250.26 1.061312 (3% trend for all) 2020 81,146 81,146 81,146 81,146 81,146 81,146 105,363 140,797.74 6325.38 5,407.77 1.03 (market for all) 2021 97,082 95,691 95,691 95,691 95,691 95,691 114,883 165,512.44 6325.38 7467.32 1.380852 (3% trend for all) 2022 99,994 98,562 98,562 98,562 98,562 98,562 118,329 168,200.68 6325.38 7691.34 1.03 2021 RECOMMENDED 97,082 95,691 95,691 95,691 95,691 95,691 114,883 165,512.44 2021 Status Quo TRENDED 83,580 81,116 81,116 81,116 81,116 81,116 105,322 140,772.55 BOCC X3 IMPACT 13,502 14,575 14,575 14,575 14,575 14,575 9,561 24,740 40,506 147,682 Total Impacts 34% AVE Payroll Cost Standard 3% per year 70,139 93,986 All positions in 2021 147,682 NET (takes into account 3% budgeted per year)197,894 2018 to 2021 (raw)217,820 291,879 2022 (3% trend)29,225 Commissioner District 3 has to be set through 2022 39,162 RECOMMENDATION - Set wages to 2017 Surrounding Comps and escalate at 3% per year CURRENT WAGES WITH TREND - 3% PER YEAR ("Status Quo") IMPLEMENTATION: Bring Non-BOCC to Current BOCC Rates in 2019 then increase all to trended Market Rate in 2021 *Because the Sheriff and Prosecutor are paid more than the BOCC, the same 3.04% that was given to the other Elected Officials to the bring them to the 2019 BOCC rate as been applied to their 2019 rate. KVH Workplace Health - Services and Contract Pricing Service IContractRate Drug/Alcohol Testing Collection Only: Federal or Non-Federal S22 Observed Collection 530 Drug Screen, Complete: Federal 550 Drug Screen, Complete: Non-Federal §40 Drug Screen: Non-Federal, POC 14-panel 540 Drug Screen: Non-Federal, POC 12-panel 540 Drug Screen: Non-Federal, POC 11-panel 540 Drug Screen: Non-Federal, POC 10-panel 540 Drug Screen: Non-Federal, POC 7-panel S40 Drug Screen: Non-Federal, POC 5-panel 540 Drug Screen: Confirmation Test !>25 per drug Drug Screen: MRO Review S25 Breath Alcohol Test S35 Breath Alcohol Test - Confirmation S25 Physical Examinations General History and Physical S65 DOT/CDL Exam S90 FAA Exam - no EKG 5150 FAA Exam - with EKG/Interpretation S225 Asbestos/Lead Exposure Exam - Initial S285 Asbestos/Lead Exposure Exam - Periodic/Exit 5250 Medical Surveillance Exam - Baseline S285 Medical Surveillance Exam - Annual/Exit S250 Return to Work Exam S85 Fit for Duty Exam-Basic S85 Fit for Duty Exam-Limited S115 Fit for Duty Exam-Intermediate 5150 Regulatory Screening and Testing OSHA Respirator Medical Questionnaire Review S30 Respirator Mask Fit Test: Qualitative S25 Audiogram - Audiometer 550 Hearing Conservation Program Evaluation 520 Spirometry 550 EKG with Interpretation a9ro Tuberculin Skin Test: 1 step S35 Tuberculin Skin Test: 2 step S35 each Body Fat Testing - Calipers !>8 Laboratory Testing Phlebotomy 520 Quantiferon Gold TB Test 580 Varicella Titer S67 Hepatitis B Surface Antibody Titer 515 MMR Titer S35 Rubella Titer 515 Measles Titer 915 Mumps Titer §15 Immunizations Vaccine Administration (per encounter)S22 Varicella Vaccine S125 Hepatitis B Vaccine PER DOSE (3 doses)530 MMR Vaccine S75 Tetanus, Diptheria, Pertussis (T-Dap) Vaccine S45 BY: Signature CERTIFICATE OF FORMATION LIMITED LIABILTY COMPANY Pursuant to Title 25 of the Revised Code of Washington, the undersigned does hereby submit this Certificate of Fomiation for the purposes of forming a limited liability company. 1. The name of the limited liability company is: Greater Columbia Behavioral Health, LLC 2. The limited liability company is to have a perpetual existence. 3. The name of the initial registered agent is: James F. Bell. 4. The initial registered office is 410 N. Neel st., Suite A Kennewick, WA 99336 CONSENT TO APPOINTMENT AS REGISTERED AGENT I, James F. Bell, hereby consent to serve as Registered Agent in the State of Washington for the above named Limited Liability Company. I understand that as the agent for the limited liability company, it will be my responsibility to accept Service of Process on behalf of the limited liability company; to forward license renewals and other mail to the limited liabiIity company; and to immediately notify the Secretary of State in the event of my resignation or of any changes in the Registered Office address. (Signature of Registered Agent) James F. Bell (Printed Name)(Date) 5. The address of the principal place of business, and the mailing address of the limited Iiability company is : 101 North Edison Street Kennewick, WA 99336 6. Management of the limited liability company is vested in one or more managers: [X] YES [ ] NO 7. Any other provision the limited liability company elects to include are attached. See Section 7.1 Attached. CERTIFICATE OF FORMATION Page l of 12 8. This Certificate is executed by each of the nine members as noted below: Member County Asotin Benton Columbia Franklin Garfield Kittitas Walla Walla Whitman Yakima Address p.o. Box 250 620 Market St. 341 E. Main St. 1016 N. 4I'1 Ave. p.o. Box 278 205 W. 5I" st., Suite 108 p.o. Box 1506 404 N. Main Street 128 N. 2nd st., Rrn 232 City Asotin Prosser Dayton Pasco Pomeroy Ellensburg Walla Walla Colfax Yakima State Zip Code 99402 99350 99328 99301 99347 98926 99362 99111 98901 9. Tliis Certificate will be effective upon filing, unless an extended date/time appears here: 10. This Certificate may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed and original hereof. [THE REMAINDER OF THIS PAGE IS LEFT BLANK IISTTENTIONALLY. SIGNATURES FOLLOW.] CERTIFICATE OF FORMATION Page 2 of 12 , 2018. MEMBERS: IN WITNESS WHEREOF, these Articles are executed on this day of ASOTIN COUNTY, WASHINGTON Chairi'nan Member Member Constituting the Board of County Cominissioners of Asotin County, Washington. Attest: Clerk of the Board Approved as to form: Prosecuting Attorney CERTIFICATE OF FORMATION Page 3 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. BENTON COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Corninissioners of Benton County, Washington. Attest: Clerk of the Board Approved as to form: Deputy Prosecuting Attomey CERTIFICATE OF FORMATION Page 4 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. COLUMBIA COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Commissioners of Columbia County, Washington. Attest: Clerk of the Board Approved as to form: Prosecuting Attorney CERTIFICATE OF FORMATION Page 5 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. FRANKLIN COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Commissioners of Franklin County, Washington. Attest: Clerk of the Board Approved as to fon'n: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 6 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. GARFIELD COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Commissioners of Garfield County, Washington. Attest: Clerk of the Board Approved as to form: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 7 of 12 INWITNESSWHEREOF,theseArticlesareexecutedonthis '&'dayof J%iS , 2018. KITTIT AS COUNTY, WASHINGTON 'Meffl Constituting the Board of County Corni'nissioners of Kittitas County, Washington. Approved as to fon'n: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 8 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. WALLA WALLA COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Commissioners of Walla Walla County, Washington. Attest: Clerk of the Board Approved as to form: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 9 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. WHITMAN COUNTY, WASHINGTON Chairman Member Member Constituting the Board of County Coini'nissioners of Whih'nan County, Washington. Attest: Clerk of the Board Approved as to form: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 10 of 12 IN WITNESS WHEREOF, these Articles are executed on this day of , 2018. YAKIMA COUNTY, WASHINGTON Chairinan Member Member Constituting the Board of County Commissioners of Yakima County, Washington. Attest: Clerk of the Board Approved as to fon'n: Deputy Prosecuting Attorney CERTIFICATE OF FORMATION Page 11 of 12 7.1 LIMITATION OF MEMBER'S LIABILITY: No member shall be personally liable for any debts, losses, or liabilities of the company beyond the member's contributions and any obligations of the member to make contributions, except as otherwise specifically provided by law. No member shall have liability to the company or its members or managers for monetary damages for conduct as a member, except for a member's acts or omissions that involve intentional misconduct, gross negligence, a knowing violation of the law, conduct violating RCW 25.15.231, or for any transaction from which the member has personally received a benefit in money, property or services to which the member was not legally entitled. If the Washington Limited Liability Company Act is hereafter amended to authorize company action further eliminating or limiting the personal liability of members, then the liability of a member shall be eliminated or limited to the full extent peri'nitted by the Washington State Limited Liability Act, as so amended. Any repeal or modification of this section shall not adversely affect any right or protection of a member of the company existing at the time of such repeal or modification for or with respect to an act or omission of such member occurring prior to such repeal or modification. CERTIFICATE OF FORMATION Page 12 of 12