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Home My WebLink About2021/06/21 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF June 21, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CO 1854 Pursuant to Proclamation by the Governor 20-28.15, in-person attendance to Commission meetings is temporarily restricted. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of June 21, 2021 Monday - Friday 8:00 A.M. COVID-19 Coordinators Briefing* Public Works Meeting Room A 100 Public Works Way Noon WA State Association of Counties Zoom Meeting* Coronavirus Relief Funding *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, June 21, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Interview for Planning Advisory Commission 9:10 A.M. Support Services — Frank Pinter 10:10 A.M. Community Services — Dave Windom 10:30 A.M. BREAK 10:35 A.M. Public Works — Loretta Swanson Utilities & Waste Management 11.00 A.M. District Court— Judge Steele/Patsy Robinson 11:30 A.M. Demonstration of the R-Zero Arc UV light disinfectant machine Capital Business Machines — Kyle Self Commissioner Discussion — as needed Noon BREAK 1.00 P.M. Jail Needs Study — KMB Architects Mason County Support Services Department Budget Management re�K co 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations lxw Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES June 21, 2021 • Specific Items for Review o Treatment Sales Tax (TST) funding—Jennifer o Electronic Signature Policy-Jennifer o Mason County Redistricting Citizens Advisory Committee membership - Diane o Continue current Commissioner briefing/meeting schedule (briefings every Monday; regular meetings every other Tuesday @ 9 a.m.)—Diane o Staffing request from Prosecuting Attorney- Frank o ARPA review and update - Frank o Assessor's succession plan - Frank o Support Services Reorg and Reclass requests— Frank o Review of County Administrator information from Prothman —Frank o Review of non-represented employee alignment restructure - Frank • Commissioner Discussion C:\Users\dlz\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\G5L 13HRD\2021-06-21.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ✓ Other —TST Funding Group relevant to Jail: Commissioner Shutty, David Windom, Lydia Buchheit Abe Gardner, Frank Pinter Kevin Hanson &Sheryl Hilt ITEM: Treatment Sales Tax Funding to the Jail EXECUTIVE SUMMARY: Treatment Sales Tax (TST) is a 1/10 of 1% sales tax collected for chemical dependency or mental health treatment services or therapeutic courts, per RCW 82.14.460. The tax was approved by Mason County in 2011 by Resolution No. 75-11 and collection began in 2012 as a program within the Mental Health Fund No. 164. In 2018, Resolution No. 31-18 was passed by the BOCC to establish a collaborative budget development and approval process for the allocation of TST. The Resolution appropriates the following funding allocations based on the previous year's collection: • 10% to administration 60% to Therapeutic Courts (including judicial officers, support staff, clerk, prosecution, public defense and juvenile services) • 30% to be contracted through a Request for Proposal (RFP) process to fund gaps in services. The jail TST eligible expenditures are included in this 30%. The proposed revisions to Resolution No. 31-18 being brought forward by the Health Department include structural changes to the monetary aspects of the TST Policies & Procedures. This updated Resolution appropriates the funding allocations based on the budgeted treatment sales tax which is tied to the budgeted general fund sales tax, rather than allocating based on the previous year's TST collection. The allocations in the proposed revised Resolution are: • 10% to administration • 65% to programs operated by Mason County (including the operation of the Therapeutic Courts such as the judicial officers, support staff, clerk, prosecution, public defense, and Juvenile Services as well as service programs in the jail, Sheriff's Office, Community Services Community Health Division or another County department). • 25% to fund gaps in services including, but not limited to, intensive case management related to mental health and substance abuse treatment, insurance gaps, transitional- aged youth, gaps to fund supportive housing services and other needs. Briefing Summary 6/16/2021 The fund has averaged revenue of approximately $900k over the last few years and 2021's revenue is projected to be over $1M. The BOCC has appropriated $150k of this funding in the budget for the mental health and substance abuse treatment of persons housed in the jail for the last several years. In 2020, only $55k of the budgeted $150k was utilized. Included in the $55k reimbursement is the psychiatric nurse who prescribes medication and the cost of psychiatric and substance use disorder (SUD) medications for incarcerated patients. The nurses time for distributing related medications to the patients is an eligible use of TST funding not currently included in the jail's TST billings. An analysis has been done to come up with an estimate of time for the nurses to distribute the allowable medications each quarter. The result of this assessment would add an additional $75k per year to the jail's TST billing. It is recommended that this analysis be included beginning with 2021's invoicing. BUDGET IMPACT: $150k budgeted as a transfer out to the jail. The actual cost is closer to approximately $130k PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Recommend the Board review the analysis of eligible TST nurse time to distribute psychiatric and SUD medications ATTACHMENTS: TST nurse time calculation to distribute psychiatric and SUD medications Briefing Summary 6/16/2021 Omnicare Omniview a IWCVSHeallh.company Facility: Mason County Jail Report: Drug Utilization Transaction Detail Period: Jan 2021 through Mar 2021 Files: May 14 2021 11:25 AM End Date: 3/31/2021 The drug utilization report is provided for trendine ourooses due No.of Drug Name Eligible •. Qty Metric • Daily Med ODEFSEY TABLET Yes 03/20/2021 113757330 $ 1,587.45 14 140 ODEFSEY 1 11 ODEFSEY TABLET Yes 03/31/2021 113782982 $ 1,587.45 14 140 ODEFSEY 1 0 TIVICAY 50 MG TABLET Yes 03/20/2021 113757331 $ 985.90 14 140 TIVICAY 1 11 TIVICAY 50 MG TABLET Yes 03/31/2021 113782985 $ 985.90 14 140 TIVICAY 1 0 DIVALPROEX SOD DR 500 Yes 03/02/2021 113714193 $ 25.03 60 600 DIVALPROEX 2 58 DIVALPROEX SOD DR 500 Yes 03/23/2021 113763571 $ 25.03 60 600 DIVALPROEX 2 16 OLANZAPINE 10 MG Yes 03/02/2021 113714194 $ 58.08 30 300 OLANZAPINE 1 29 OLANZAPINE 10 MG Yes 03/31/2021 113783579 $ 58.08 30 300 OLANZAPINE 1 0 DIVALPROEX SOD DR 500 Yes 02/23/2021 113696798 $ 25.03 60 600 DIVALPROEX 2 60 MG TAB DIVALPROEX SOD DR 500 Yes 03/25/2021 113768867 $ 25.03 60 600 DIVALPROEX 2 12 MG TAB OLANZAPINE 10 MG Yes 03/23/2021 113763584 $ 58.08 30 300 OLANZAPINE 1 8 OLANZAPINE 15 MG Yes 02/02/2021 113648283 $ 87.06 30 300 OLANZAPINE 1 30 TABLET OLANZAPINE 15 MG Yes 03/03/2021 113648283 $ 87.06 30 300 OLANZAPINE 1 28 TABLET DIVALPROEX SOD DR 500 Yes 02/02/2021 113648280 $ 25.03 60 600 DIVALPROEX 2 60 DIVALPROEX SOD DR 500 Yes 03/04/2021 113720849 $ 25.03 60 600 DIVALPROEX 2 54 RISPERIDONE 2 MG Yes 01/12/2021 113598283 $ 23.83 30 300 RISPERIDONE 1 30 RISPERIDONE 2 MG Yes 02/11/2021 113671179 $ 23.83 30 300 RISPERIDONE 1 30 RISPERIDONE 2 MG Yes 03/11/2021 113737507 $ 23.83 30 300 RISPERIDONE 1 20 OLANZAPINE 5 MG Yes 01/19/2021 113614410 $ 38.52 30 300 OLANZAPINE 1 30 OLANZAPINE 5 MG Yes 02/20/2021 113690213 $ 38.52 30 300 OLANZAPINE 1 30 CHLORPROMAZINE 50 Yes 03/16/2021 1113747324 $ 32.52 30 300 CHLORPROMAZINE 2 30 DIVALPROEX SOD DR 500 Yes 02/19/2021 1113566616 1 $ 37.54 90 900 DIVALPROEX 2 80 1 DIVALPROEX SOD DR 500 Yes 02/23/2021 113696792 $ 25.03 60 600 DIVALPROEX 2 60 DOXEPIN 100 MG Yes 03/15/2021 113743726 $ 2.89 14 140 DOXEPIN 1 14 NALTREXONE 50 MG Yes 03/10/2021 113732765 $ 13.39 30 300 NALTREXONE 1 21 NADOLOL 20 MG TABLET Yes 02/15/2021 113676316 $ 10.63 30 300 NADOLOL 1 30 NADOLOL 20 MG TABLET Yes 02/15/2021 113676316 $ 10.63 30 1300 NADOLOL 1 30 GABAPENTIN 100 MG Yes 01/06/2021 113582571 $ 2.73 49 490 GABAPENTIN 3 49 LITHIUM CARBONATE ER Yes 01/05/2021 113580633 $ 2.92 60 600 LITHIUM 3 60 RISPERIDONE 2 MG Yes 01/05/2021 113580635 $ 23.83 30 300 RISPERIDONE 1 30 TABLET RISPERIDONE 2 MG Yes 01/30/2021 113580635 $ 23.83 30 300 RISPERIDONE 1 30 TABLET RISPERIDONE 2 MG Yes 03/06/2021 113725101 $ 23.83 30 300 RISPERIDONE 1 25 RISPERIDONE 2 MG Yes 03/09/2021 113730879 $ 47.65 60 600 RISPERIDONE 1 22 GABAPENTIN 100 MG Yes 03/26/2021 113770910 $ 3.34 60 600 GABAPENTIN 3 15 NALTREXONE 50 MG Yes 03/02/2021 113713606 $ 13.39 30 300 NALTREXONE 1 29 OLANZAPINE 10 MG Yes 02/16/2021 113678540 $ 58.08 30 300 OLANZAPINE 1 30 OLANZAPINE 10 MG Yes 03/19/2021 113713605 $ 58.08 30 300 OLANZAPINE 1 12 OLANZAPINE 10 MG Yes 03/21/2021 113759797 $ 58.08 30 300 OLANZAPINE 1 10 OLANZAPINE 5 MG Yes 02/02/2021 113648196 $ 38.52 30 300 OLANZAPINE 1 30 PAROXETINE HCL 30 MG Yes 03/17/2021 113750516 $ 8.88 30 300 PAROXETINE 1 14 PRAZOSIN 2 MG Yes 03/23/2021 113763589 $ 4.15 30 300 PRAZOSIN 2 16 MIRTAZAPINE 7.5 MG Yes 02/08/2021 113662222 $ 8.26 30 300 MIRTAZAPINE 1 30 MIRTAZAPINE 7.5 MG Yes 02/08/2021 113662222 $ 8.26 30 300 MIRTAZAPINE 1 30 MIRTAZAPINE 7.5 MG Yes 03/12/2021 113740216 $ 8.26 30 300 MIRTAZAPINE 1 19 FUROSEMIDE 40 MG Yes 02/17/2021 113680678 $ 3.00 60 600 FUROSEMIDE 1 42 FUROSEMIDE 40 MG Yes 02/17/2021 113680678 $ 3.00 60 600 FUROSEMIDE 1 42 SPIRONOLACTONE 25 Yes 02/17/2021 113680677 $ 1.44 30 300 SPIRONOLACTONE 1 30 SPIRONOLACTONE 25 Yes 02/17/2021 113680677 $ 1.44 30 300 SPIRONOLACTONE 1 30 OLANZAPINE 10 MG Yes 02/02/2021 113648276 $ 58.08 30 300 OLANZAPINE 1 30 OLANZAPINE 10 MG Yes 03/09/2021 113730883 $ 58.08 30 300 OLANZAPINE 1 22 OLANZAPINE 5 MG Yes 02/16/2021 113678547 $ 77.04 60 600 OLANZAPINE 1 43 MIRTAZAPINE 15 MG Yes 01/26/2021 113631235 $ 8.46 30 300 MIRTAZAPINE 1 30 MIRTAZAPINE 15 MG Yes 03/10/2021 113734892 $ 8.46 30 300 MIRTAZAPINE 1 21 ARIPIPRAZOLE 5 MG Yes 01/26/2021 113631355 $ 100.66 30 300 ARIPIPRAZOLE 1 30 ARIPIPRAZOLE 5 MG Yes 02/23/2021 113631355 $ 100.66 30 300 ARIPIPRAZOLE 1 30 ARIPIPRAZOLE 5 MG Yes 03/29/2021 113777244 $ 100.66 30 300 ARIPIPRAZOLE 1 2 RISPERIDONE 2 MG Yes 01/21/2021 113614418 $ 3.45 28 280 RISPERIDONE 1 28 SULFAMETHOXAZOLE- Yes 01/12/2021 113598785 $ 3.70 20 200 SULFAMETHOXAZOLE-4 20 RISPERIDONE 1 MG Yes 01/07/2021 113586089 $ 28.53 60 600 RISPERIDONE 1 60 RISPERIDONE 1 MG Yes 02/06/2021 113658609 $ 28.53 60 600 RISPERIDONE 1 53 RISPERIDONE 1 MG Yes 02/20/2021 113690232 $ 28.53 60 600 RISPERIDONE 1 39 RISPERIDONE 1 MG Yes 03/23/2021 113690232 $ 28.53 60 600 IRISPERIDONE 1 8 ARIPIPRAZOLE 20 MG Yes 01/11/2021 113596541 $ 132.72 28 280 ARIPIPRAZOLE 1 28 2 ARIPIPRAZOLE 5 MG Yes 01/11/2021 113596542 $ 93.95 28 280 ARIPIPRAZOLE 1 28 BUPROPION HCL XL 150 Yes 01/11/2021 113596544 $ 6.98 14 140 BUPROPION 1 14 GABAPENTIN 800 MG Yes 01/11/2021 113596547 $ 13.32 42 420 GABAPENTIN 3 42 QUETIAPINE FUMARATE Yes 01/11/2021 113596546 $ 74.45 42 420 QUETIAPINE 1 42 VENLAFAXINE HCL ER 75 Yes 01/08/2021 113588065 $ 14.63 30 300 VENLAFAXINE 1 30 VENLAFAXINE HCL ER 75 Yes 02/08/2021 113661729 $ 14.63 30 300 VENLAFAXINE 1 30 VENLAFAXINE HCL ER 75 Yes 03/09/2021 113730874 $ 14.63 30 300 VENLAFAXINE 1 22 MG CAP DIVALPROEX SOD DR 500 Yes 01/05/2021 113580631 $ 25.03 60 600 DIVALPROEX 2 60 MG TAB DIVALPROEX SOD DR 500 Yes 01/19/2021 113614413 $ 25.03 60 600 DIVALPROEX 2 60 DIVALPROEX SOD DR 500 Yes 03/02/2021 113713610 $ 25.03 60 600 DIVALPROEX 2 58 DIVALPROEX SOD DR 500 Yes 03/30/2021 113779500 $ 25.03 60 600 DIVALPROEX 2 2 OLANZAPINE 5 MG Yes 01/05/2021 113580629 $ 38.52 30 300 OLANZAPINE 1 30 OLANZAPINE 7.5 MG Yes 01/19/2021 113614415 $ 46.86 30 300 OLANZAPINE 1 30 OLANZAPINE 7.5 MG Yes 02/20/2021 113690214 $ 46.86 30 300 OLANZAPINE 1 30 OLANZAPINE 7.5 MG Yes 03/21/2021 113759732 $ 46.86 30 300 OLANZAPINE 1 10 DIVALPROEX SOD DR 500 Yes 03/09/2021 113730882 $ 25.03 60 600 DIVALPROEX 2 44 GABAPENTIN 600 MG Yes 02/26/2021 113706431 $ 23.79 90 900 GABAPENTIN 3 90 GABAPENTIN 600 MG Yes 03/21/2021 113759731 $ 23.79 90 900 GABAPENTIN 3 30 DULOXETINE HCL DR 30 Yes 03/15/2021 113746046 $ 21.88 30 300 DULOXETINE 1 16 RISPERIDONE 2 MG Yes 03/09/2021 113730887 $ 23.83 30 300 RISPERIDONE 1 22 FLUOXETINE HCL 10 MG Yes 02/16/2021 113678544 $ 8.15 30 300 FLUOXETINE 1 30 FLUOXETINE HCL 20 MG Yes 03/16/2021 113747325 $ 8.36 30 300 FLUOXETINE 1 15 PRAZOSIN 2 MG Yes 01/19/2021 113614540 $ 4.15 30 300 PRAZOSIN 2 30 PRAZOSIN 2 MG Yes 02/02/2021 113648282 $ 4.15 30 300 PRAZOSIN 2 30 PRAZOSIN 2 MG Yes 03/16/2021 113747326 $ 4.15 30 300 PRAZOSIN 2 30 GABAPENTIN 400 MG Yes 01/14/2021 113604001 $ 15.02 90 900 GABAPENTIN 3 90 GABAPENTIN 400 MG Yes 02/25/2021 113702577 $ 15.02 90 900 GABAPENTIN 3 90 GABAPENTIN 600 MG Yes 03/03/2021 113717879 $ 23.79 90 900 GABAPENTIN 3 84 MIRTAZAPINE 15 MG Yes 01/05/2021 113580626 $ 8.46 30 300 MIRTAZAPINE 1 30 MIRTAZAPINE 15 MG Yes 01/09/2021 113537262 $ 8.46 30 300 MIRTAZAPINE 1 30 MIRTAZAPINE 15 MG Yes 03/09/2021 113730890 $ 8.46 30 300 MIRTAZAPINE 1 22 SULFAMETHOXAZOLE- Yes 01/31/2021 113642989 $ 1.90 20 200 SULFAMETHOXAZOLE-4 20 PRAZOSIN 2 MG Yes 02/23/2021 113696805 $ 4.15 30 300 PRAZOSIN 2 30 RISPERIDONE 1 MG Yes 01/26/2021 113631237 $ 14.26 30 300 RISPERIDONE 1 30 RISPERIDONE 1 MG Yes 02/20/2021 113631237 $ 14.26 30 300 RISPERIDONE 1 30 LEVETIRACETAM 750 MG Yes 01/28/2021 113635938 $ 29.85 60 600 LEVETIRACETAM 2 60 LEVETIRACETAM 750 MG Yes 02/26/2021 113704538 $ 29.85 60 600 LEVETIRACETAM 2 60 BUSPIRONE HCL 7.5 MG Yes 02/23/2021 113696880 $ 9.91 60 600 BUSPIRONE 1 36 FLUOXETINE HCL40 MG Yes 02/23/2021 113696881 $ 15.95 30 300 FLUOXETINE 1 30 BUPRENORPHINE-NALOX Yes 02/25/2021 113703758 $ 27.56 30 300 BUPRENORPHINE- 2 30 BUPRENORPHINE-NALOX Yes 03/17/2021 113749652 $ 26.64 29 1290 BUPRENORPHINE- 12 28 3 PHENYTOIN SOD EXT 100 Yes 02/03/2021 113650792 $ 10.04 150 1500 PHENYTOIN 2 112 MIRTAZAPINE 15 MG Yes 01/12/2021 113598195 $ 8.46 30 300 MIRTAZAPINE 1 30 FUROSEMIDE 40 MG Yes 01/02/2021 113574988 $ 3.00 60 600 FUROSEMIDE 1 60 OXYCODONE HCL 5 MG Yes 01/04/2021 113577747 $ 2.88 51 510 OXYCODONE 4 51 VENLAFAXINE HCL ER 75 Yes 01/05/2021 113580623 $ 14.63 30 300 VENLAFAXINE 1 30 LEVETIRACETAM 750 MG Yes 01/28/2021 113637082 $ 59.70 120 1200 LEVETIRACETAM 2 120 DOXYCYCLINE HYCLATE Yes 03/26/2021 113771082 $ 11.56 20 200 DOXYCYCLINE 2 10 NITROFURANTOIN Yes 01/15/2021 113605994 $ 5.58 14 140 NITROFURANTOIN 4 14 Total Psych &SUD Medication Costs: $ 8,121.94 3,773 18,865 $ 1.00 $ 18,865 4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ✓ Other— Audit Committee and Information Technology Department ITEM: Electronic Signature Policy EXECUTIVE SUMMARY: Beginning in 2016, local agencies were specifically authorized to use electronic signatures by RCW 19.360, replaced by the Uniform Electronic Transactions Act (UETA) in June of 2020. UETA establishes the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures, removing barriers to electronic commerce. An agency must adopt a policy to be in legal compliance with the use of electronic signatures. The County's ability to use scanned or electronic signatures is a helpful tool in normal times and critical during a pandemic. Mason County has drafted a policy to come into compliance with the UETA requirements. BUDGET IMPACT: Varies by vendor PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Permission to place on the Board's next Action Agenda for Adoption of the Mason County Electronic Signature Policy ATTACHMENTS: Electronic Signature Policy Briefing Summary 6/16/2021 COU`�'T IRSa Mason County Electronic Signature Policy I. Purpose This Policy establishes when electronic signature technology may replace a hand- written signature for internal and external business purposes. The Policy is intended to strongly encourage the use of paperless, electronic documents where appropriate, feasible, and allowed by law. The two-fold goal is to make electronic signature usage the norm of business practices countywide and to make the process of implementing electronic signature services as simple as possible. Minimizing barriers to implementation and standardizing the use of electronic signatures across the county promotes the county's efforts to achieve the "best- run government" by improving administrative efficiencies and supporting our long-term sustainability goals. This Policy provides specific guidance on how to implement, maintain, and establish internal controls for the use of electronic signature technology, and applies to signatures required for the processing of county documents. II. Organizations Affected This Policy applies to all Mason County department heads and elected officials and all employees of their respective offices. III. Definitions "Network Engineer" refers to Mason County's Department of Information Technology (MCIT) Lead. "Department" means any department or office managed by an elected official of any branch of Mason County government. 1 "Electronic Signature" or "e-signature" means an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. "MCIT" refers to Mason County's Department of Information Technology. MCIT Management refers to the Mason County Information Technology Department. IV. Policy A. Acceptance of Electronic Signatures 1. Departments may use Electronic Signatures to show approval, authorization and/or certification for electronic submissions, with the same force and effect as signatures affixed by hand. An Electronic Signature satisfies a signature requirement on a county document. Discretion is given to the department to determine which documents will be eligible for Electronic Signature, unless where required by statute. 2. A department that accepts Electronic Signatures must comply with MCIT's methods and processes for Electronic Signature as set forth in this Policy. Exceptions to the policy as stated herein must be approved by the Steering Committee as outlined in the Electronic Signature Procedures Manual. 3. Departments electing to use Electronic Signatures will follow the following guidelines: a. For documents sent external to the county for signature, especially those that have a legally binding effect (including, but not limited to contracts, subpoenas and permits) and therefore require high- level authentication and security measures in a locked format, departments are required to use the county's contracted Electronic Signature vendor(s). b. For documents used internal to a county department, or between county departments, that do not require high-level authentication and a locked format (for example, using a text box containing a signature that is inserted into the document), while use of the county's vendor is encouraged, departments are given the discretion to use an alternative Electronic Signature vendor. In these cases, a request for an exception to policy is not required. However, for any other internal documents identified as needing signatures that have a legally binding effect, or require high-level authentication and security measures in a locked format, departments are required to use the county's contracted Electronic Signature vendor. 2 4. Departments that accept and use Electronic Signatures for documents that also require a notary certification are permitted to accept and use an electronic notary certification if the notarial act complies with state law as outlined in Chapter 42.45 RCW. 5. The county's contracted Electronic Signature vendor will manage all functions related to the affixing of e-signatures to, and access and storage of, designated county documents. MCIT will ensure that the electronic signature software is fully integrated into current MCIT approved software for document generation. The intent is to promote the standard use of Electronic Signature services and options among departments as a "best practice." 6. Documents sent to the county that originate at an external organization, requesting an e-signature using a method or process selected by the external organization, can be signed electronically by county staff as long as supervisors of both parties agree to the method or process beforehand. B. Mason County Department Business Applications 1. New Electronic Signature service implementations: Directors, managers, and supervisors (or their designees), of departments desiring to implement Electronic Signature services for the first time, or replace an existing vendor providing this service, should contact MCIT by submitting a Help Desk ticket for requirements, pricing, training, and scheduling. Departmental Information Technology employees will be an alternate source of support in establishing e-signature services. - 2. Existing Electronic Signature services: Departments with Electronic Signature services provided under contract with another vendor prior to the effective date of these policies are expected to migrate to the county's contracted Electronic Signature Vendor when their current vendor contract expires (or is terminated) or when there is an option to renew or extend the contract. No department may enter into any vendor agreement for any Electronic Signature service that is not the county's contracted vendor without the prior written consent of the Network Engineer or designee. Departments may be permitted to maintain their use of a third-party management system that has an embedded Electronic Signature processes with the submission and approval of an Exception Request. 3. Process for Making an Exception Request: Departments desiring to use another Electronic Signature vendor must request a waiver from the Network Engineer or his/her designee in advance. The Network Engineer or his/her designee will provide a recommendation to MCIT Management for any exception to policy requested. MCIT Management has ultimate authority to grant case-by-case exceptions for the use of an alternative solution instead of the county's approved Electronic Signature vendor. Due to an emphasis on standardizing best practices across the county, only in rare circumstance will requests for a waiver be approved. 3 C. Electronic Signature Security and Privacy 1. MCIT and its Electronic Signature vendor shall maintain and administer IT security requirements, ensuring the safeguarding of sensitive electronic documents and information stored by the vendor. 2. All departments accepting Electronic Signatures must be familiar with county policies and guidelines governing IT security, and required actions in the event of a security breach. D. Internal Controls, and Documentation Preservation and Retention 1. Departments that elect to use Electronic Signatures are responsible for determining, in conjunction with the Prosecuting Attorney's office, where applicable laws permit an Electronic Signature to be used. Departments that opt to use Electronic Signatures must adopt/amend their business practices to support the requirements of this Policy. 2. Records of documents signed by Electronic Signature(s) must remain searchable and retrievable for the required retention period as established by policy and law. 3. The Electronic Signature vendor shall ensure that the documents signed electronically, once completed and stored electronically, cannot be changed or altered. a. In cases where documents are initiated electronically and sufficient controls do not exist to ensure the integrity of the document's date, MCIT will notify the authorized user and the authorized individual must print, review, and sign the document. The printed records are considered the official source document and retained per the retention schedule. E. Contracts 1. MCIT shall establish and administer countywide contracts with vendors for the providing of Electronic Signature solutions for county documents. 2. MCIT Management shall keep the Board of Mason County Commissioner's or their designee apprised of all matters associated with the establishment and administration of contracts with vendors for the providing of Electronic Signature solutions for county documents. 3. No department may enter into any vendor agreement for any Electronic Signature service that is not the county's contracted vendor without the prior written consent of MCIT Management. 4 4. MCIT, through the establishment of contracts with vendors and other related partners, shall assist departments in understanding contract requirements and the pricing structure options relative to Electronic Signature services. F. Annual Reporting The Network Engineer or designee will work with departments each year to collect usage data to monitor the progress of e-signature usage across the county, including e-signature volume and document types. V. Implementation Plan, Methods and Processes A. MCIT Management shall establish and maintain the methods and processes for management of Electronic Signature services, including, but not limited to, access to the Electronic Signature system, contracting for Electronic Signature services, monitoring the unit cost per signatures, and standard business processes and procedures. B. The Department of Information Technology is responsible for implementation of this Policy. Individual departments are responsible for setting up the use of electronic signature methods and processes within their department. C. The Department of Information Technology is responsible for communicating this Policy to the departments within the County and other appropriate parties annually. VI. Maintenance A. This Policy will be maintained by the Mason County Information Technology Department, or its successor department. VII. Consequences for Noncompliance. Departments that elect to use electronic signatures, and do not conform to this policy, may be in violation of County Code and State Law. Failure to comply with this policy may result in MCIT Management restricting or terminating the use of electronic signatures for the department's documents. 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Membership for the Mason County Redistricting Citizens Advisory Committee EXECUTIVE SUMMARY: The Mason County Redistricting Citizens Advisory Committee was established by adoption of Resolution 2021-016. The Committee shall consist of two members nominated by the Mason County Democratic Party; two members nominated by the Mason County Republican Party and a non-voting chair selected by the previous four members. The Mason County Republicans nominate Bob Rogers and Philip Wilson; the Mason County Democrats nominate John Piety and Linda Prato. The Auditor's office will provide staff support to the committee. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to place the appointments on the July 6 agenda. Briefing Summary 6/15/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: MICHAEL K. DORCY DEPARTMENT: PROSECUTING ATTORNEY EXT:43.7 BRIEFING DATE: TBD PREVIOUS BRIEFING DATES: N/A (If this is a follow-up briefing, please provide only new information) ITEM: Approval to create, post, and fill one full time Deputy Prosecuting Attorney II to assist with the additional unexpected caseloads due to the back-log created by the bow-wave of COVID- ig jury trial suspensions and in-person court hearings, the Washington Supreme Court's Blake Decision, and a need to return to historical staffing levels. BUDGET IMPACTS: Anticipated cost of z FTE Deputy Prosecutor II-6(salary& benefits): $3.26,612.00 BACKGROUND: The Prosecutor's Office is currently working at full capacity with the backlog of cases from the COVID-19 Pandemic and have already seen an influx in cases filed due to the recent Washington Supreme Court Decision on the Blake Case. In the Blake Decision, the Washington Supreme Court ruled that RCW 69.50.4013 (simple possession of controlled substances) is Unconstitutional. This decision requires resentencing for all convictions going back to 1971 any felony conviction where the sentence calculation included offender points for simple possession of controlled substance convictions. Also, anyone previously convicted of simple possession of controlled substance are entitled upon request to have that felony conviction vacated. This applies whether or not the individual continues to be incarcerated or under the supervision of the Department of Corrections. In addition to the workload impact of revisiting all of these old cases, any convictions that were the result of a "plea bargain" down to simple possession of a controlled substance are legally reopened for prosecution on the higher level charge upon vacation of the simple possession conviction. The Blake Decision will also require Counties to refund Legal Financial Obligations (LFO's) related to convictions under this statue. The "Blake Fix" statute recently enacted by the legislature allows for Counties to seek reimbursement from the State of Washington for refunds predicated on the Blake decision. Furthermore, under the new "Blake Fix" statute law enforcement is required to divert for treatment the first two violations of the new statute, and makes the third and subsequent violation a misdemeanor while encouraging prosecutors to divert for treatment. We anticipate that one consequence of the Blake decision and "Blake Fix" statute will be the reduction of LFO collections going forward. Currently a portion of those LFO's supports a 1.0 FTE clerical position within the Prosecutor's Office. The work load will not go away for this FTE (and in fact will likely increase due to the requirement of tracking for treatment diversion mandates), but if and as the funding dwindles the County may need to fully fund the position. RECOMMENDED OR REQUESTED ACTION: Approval to create, post, and fill one full time Deputy Prosecuting Attorney to assist with the additional unexpected caseloads the Blake Decision has put on the Prosecutor's Office. ATTACHMENTS: None MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: MICHAEL K. DORCY DEPARTMENT: PROSECUTING ATTORNEY EXT: 417 BRIEFING DATE: TBD PREVIOUS BRIEFING DATES: N/A (If this is a follow-up briefing, please provide only new information) ITEM: Increase .25 FTE Victim/Witness Advocate position to i.o FTE Victim Witness Advocate position to fulfill statutory and Constitutional obligations to witnesses and victims of crime. BUDGET IMPACTS: Anticipated cost of s FTE Victim/Witness Advocate (salary& benefits): $79,798.00 Currently Funded by Mason County(non-grant): $20,000.00 Net Budget Impact of fully funding Victim/Witness Advocate: $59,798.00* *Anticipated that reimbursable grant funds will remain available to offset budget impact, at a currently unknown and unpredictable amount. BACKGROUND: In 2019 Mason County authorized the creation of a Victim/Witness Advocate position within the Prosecutor's Office in order to assist with providing services to crime victims and witnesses that are mandated by statute and Washington State Constitution.This position is partially supported by a grant under the Victims of Crime Act (VOCA)through the Office of Crime Victims Advocacy(OCVA). For nearly two years this position was filled and proved to be immensely valuable to the Prosecutor's Office and to the community.The position was 75% funded by the grant funds, and 25%funded by Mason County. In January of 2021, the employee filling that position resigned and the Prosecutor's Office immediately posted and recruited to fill the position.The job posting yielded a large number of applicants and generated a great deal of interest. However, prior to scheduling interviews, the Prosecutor's Office was notified by the grantor that the grant would be reduced this year, and will again be reduced next year. With the current, and projected, cuts to the grant funding, there are insufficient funds to support the Victim/Witness Advocate position.This has prevented the Prosecutor's Office from hiring to fill the position, having a detrimental affect crime victim services and an addition burden on remaining office staff who are already fully loaded. The position is of great need to the Prosecutor's Office in order to maintain an adequate level of service to crime victims and witnesses, and has proven to be an invaluable service and point of contact for victims and witnesses of crime in many major cases. RECOMMENDED OR REQUESTED ACTION: Approval to increase Vitim/Witness Advocate position to a full i.o FTE in order to assist with fulfilling the Prosecutor's Office's statutorily and Constitutionally mandated service obligations to witnesses and victims of crime. ATTACHMENTS: None Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit-Abe Gardner DEPARTMENT: Community Services-Public Health EXT: 404 BRIEFING DATE: June 21, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information ITEM: TST funding Non-County Operated allocation for 07/2021-06/2023 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Housing and Behavioral Health Advisory Board (HBHAB) and Public Health have been focusing on the continuation of funding and the support of local programs that fill gaps and needs in the local behavioral health and recovery support system. Northwest Resources' SOS case management program as well as Olympic Health and Recovery Services (OHRS) through the work of their medication assisted therapy and re-entry program at the Mason County jail are set-up to provide much needed support for Mason County residents. The HBHAB has recommended that TST funding be provided via a 2-year contract, to support both the NWR SOS case management program as well as to OHRS for the Mason County jail MAT and re-entry program BUDGET IMPACTS: Northwest Resources II SOS program- $90,461 - x2yr= $180,922 Olympic Health and Recovery Services- $38,000 — x2yr= $76,000 RECOMMENDED OR REQUESTED ACTION: Move to Action Agenda for approval ATTACHMENTS: Contracts for NWR II and OHRS Briefing Summary 6/16/2021 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # NWRII-2018.1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Northwest Resources II, hereinafter referred to as "CONTRACTOR." Contracted Entity Northwest Resources II Address 2708 Westmoor Ct. SW City, State, Zip Code Olympia, WA 98506 Phone 360-943-8810 Primary Contact Name, Title Dennis Neal Primary Contact Ph & E-mail 360-701-5854; nwrii@hotmaii.com Contractor Fiscal Contact Carlene Berglund Contractor Fiscal Ph & Email 360-701-5854; cariene.berglund@nwrii.com Washington State UBI# 601-619-511 Federal EIN 91-1678289 Total Award/Contract Value $180,922 Contract Term Duration July 1, 2021 - June 30, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydialb _co.mason.wa.us 360-427-9670 ext 404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington and according to the Mason County 5-year plan. COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions, and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair Authorize Signature Date APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date ' Professional Services Contract (rev 05/2018) Page 1 ' Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Additional information needed if specifically requested by County: b. Organizations Strategic Plan (if available) c. Annual Report (if available) d. Overall Organizational Budget (previous calendar or fiscal year) e. Organizational Chart f. Program Policies and Procedures g. Job Descriptions of personnel working directly in the program Funding Source: Treatment Sales Tax (1 /10th of 1% Sales & Use Tax) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. ' Professional Services Contract (rev 05/2018) Page 2 ' CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2021, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon ' Professional Services Contract (rev 05/2018) Page 3 ' receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. Professional Services Contract(rev 05/2018) Page 4 COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty- free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: ' Professional Services Contract (rev 05/2018) Page 5 ' COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel ' Professional Services Contract (rev 05/2018) Page 6 ' The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the ' Professional Services Contract (rev 05/2018) Page 7 ' grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this ' Professional Services Contract (rev 05/2018) Page 8 ' program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by ' Professional Services Contract (rev 05/2018) Page 9 ' application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB(a)co.mason.wa.us ' Professional Services Contract (rev 05/2018) Page 10 ' Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(a)-co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. ' Professional Services Contract (rev 05/2018) Page 11 ' EXHIBIT A SCOPE OF SERVICE Program: NW Resources II Social Opportunity Services (SOS) Program Description: Provide recovery support services as well as care coordination in partnership with other Mason County programs to individuals experiencing adverse Behavioral Health issues. Program Expectations: • Coordinate and communicate with other Mason County Behavioral Health partners • Meet with participants as needed to create and clarify recovery and release plans • Attend local stakeholder, provider, and coalition meetings when appropriate • Coordinate with Mason County Public Health an overall data reporting strategy that is appropriate and informative to both NWR II as well as the overall Mason County behavioral health system, so as to work towards the overall systems goal of a "no-wrong door" approach • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures as needed Performance/Reporting and Deliverables: NWR II SOS program will collect and report the following data to Mason County Public Health on an agreed upon format, forms, and schedule. • Utilize the Mason County Unique Identifier data collection forms • Provide care coordination for up to 200 households annually • Provide care coordination and assistance for up to 100 people annually experiencing homelessness at time of intake • Help to enroll up to 75 people annually into SUD inpatient treatment • Help to enroll up to 25 people annually into MAT treatment • Help to enroll up to 75 people into outpatient mental health treatment • Help to enroll up to 100 people into outpatient SUD treatment • Help to coordinate sober and supportive housing with an annual goal of 25 people • Document the re-utilization of the SOS program and report on findings quarterly • Work with the Mason County therapeutic court program to provide case management, peer support and care coordination to active and potential participants ' Professional Services Contract (rev 05/2018) Page 12 ' EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. ' Professional Services Contract (rev 05/2018) Page 13 ' 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract (rev 05/2018) Page 14 EXHIBIT C BUDGET Submit monthly invoices and program reports electronically to agardner(a_co.maon.wa.us as close to the first (1st) of each month as possible. Annual 24-month Northwest Resources II Amount Funded Comment Funded Amount(TST) (TST) Staff Wages $68,000 $136,000 Staff Benefits $4,993 $9,986 Staff Supports $14,203 $28,406 Client Supports $3,265 $6,530 Maximum Contract Total $90,461 $180,922 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. ' Professional Services Contract (rev 05/2018) Page 15 ' MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Olympic Health and Recovery Services (OHRS) , hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health and Recovery Services Address 612 Woodland Square Loop SE -City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 -Primary Contact Name, Title Joe Avalos Primary Contact Ph & E-mail 360-819-3305 'oe.avalos tmbho.or Contractor Fiscal Contact Tara Smith Contractor Fiscal Ph & Email 360-763-5809 tara.smith@tmbho.org -Washington State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $76,000 Contract Term Duration June 1, 2021-June 30, 2023 -County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab6@_co.mason.wa.us 360-427-9670 ext 404 Phone -County Fiscal Contact Casey Bingham, Fiscal Manager -County Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington and according to the Mason County 5-year plan. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Olympic Health and Recovery Services Agency Name Randy Neatherlin, Chair Authorized Signature Date Joe Avalos, Administrator APPROVED AS TO FORM: Print Name & Title Tim Whitehead, Chief DPA Date Professional Services Contract (rev 06/2021) Page 1 , Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Additional information needed if specifically requested by County: b. Organizations Strategic Plan (if available) c. Annual Report (if available) d. Overall Organizational Budget (previous calendar or fiscal year) e. Organizational Chart f. Program Policies and Procedures g. Job Descriptions of personnel working directly in the program Funding Source: Treatment Sales Tax (1 /10th of 1% Sales & Use Tax) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, instructions and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. ' Professional Services Contract (rev 06/2021) Page 2 ' CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported using the template provided. Payment is on the assumption that State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is June 30, 2021, or earlier in the event of non-compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: COTNRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon Professional Services Contract (rev 06/2021) Page 3 receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. COTNRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. Professional Services Contract (rev 06/2021) Page 4 COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY now or in the future. Intellectual Property: COTNRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty- free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: ' Professional Services Contract (rev 06/2021) Page 5 , COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel Professional Services Contract(rev 06/2021) Page 6 The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the Professional Services Contract (rev 06/2021) Page 7 ' grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this ' Professional Services Contract (rev 06/2021) Page 8 ' program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by Professional Services Contract (rev 06/2021) Page 9 ' application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: Lyc1iaB(@.co.mason.wa.us Professional Services Contract (rev 06/2021) Page 10 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(cDco.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. ' Professional Services Contract (rev 06/2021) Page 11 ' EXHIBIT A SCOPE OF SERVICE Program: Mason County Jail Peer Support Program (Jail re-entry, MAT program) Program Description: Provide recovery support services in coordination with the current MAT (medication assisted treatment) program for inmates in custody at the Mason County Jail, as well as support in release planning/re-entry of inmates with behavioral health challenges. A 0.5 FTE WA State Certified Peer Counselor (CPC) with clearance to work independently in the Mason County Jail serves as Peer Specialist and will work to provide harm reduction support for all inmates interested in MAT as well as providing general re-entry support services for individuals with behavioral health challenges. The position will work closely with jail staff, medical staff, the mental health provider and community treatment, recovery support and peer providers, to provide and coordinate appropriate and supportive services to all those needing support for behavioral health challenges as well as general re-entry needs. Program Expectations: • Meet with inmates, check medical intakes as well as internal Kite system to determine potential services needed. • Shared lived experience regarding behavioral health challenges and path of recovery with inmates to foster engagement, a sense of safety, motivation and hope for a chance of recovery. • Follow policies and procedures of current MAT program to ensure quality and continuity of care • Coordinate and communicate with jail staff, medical staff and mental health provider to ensure that clarity of process is understood at all times. • Research and understand Mason County's (and beyond) Behavioral Health and recovery support system, so that referrals and the appropriate coordination of services takes place. • Develop relationships with other criminal justice partners, so participants are set-up for success and to ensure continuity of care. • Meet with participants as needed to create and clarify recovery and release plans. • Attend local stakeholder meetings when appropriate. • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures if needed. Performance/Reporting and Deliverables: Provider will serve a minimum of 30 unique individuals per year with a 0.5 FTE Peer Specialist. Provider will collect and report the following data to Mason County Public Health on an agreed upon format, forms and schedule. • Number of Referrals and type • Clients served (Unduplicated) using Mason County BH Unique Identifier • Number of Interventions • Care Coordination Referrals • Homeless/Transient • Utilize the Mason County Unique Identifier data collection forms Professional Services Contract (rev 06/2021) Page 12 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. ' Professional Services Contract (rev 06/2021) Page 13 , 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. ' Professional Services Contract (rev 06/2021) Page 14 ' EXHIBIT C BUDGET Submit monthly payment request and ledger electronically to Abe Gardner at agardner(cD-co.mason.wa.us. Olympic Health and Annual Amount Comment Recovery Services Funded TST Staff Wages 23,500 2 year, 0.50 FTE of Peer Services Staff Benefits 7,525 Staff/Client Supports 6,975 Maximum Contract Total $38,000 $76,000 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. The term of this CONTRACT begins on the Effective Date, and the CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. ' Professional Services Contract (rev 06/2021) Page 15 ' Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit-Abe Gardner DEPARTMENT: Community Services-Public Health EXT: 404 BRIEFING DATE: June 21, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information ITEM: Update and edits to the Treatment Sales Tax policies and procedures. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In April of 2018 the BOCC approved resolution #31-18, that provided policies and procedures for the treatment sales tax funds of Mason County. We need to amend the original resolution and update the policies and procedures in response to lessons learned, information gathered about Mason County's changing behavioral health system and suggestions from the Housing and Behavioral Health Advisory Board. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Move to Action Agenda for approval ATTACHMENTS: Updated TST policies and procedures Amendment to TST Resolution 31-18 Briefing Summary 6/16/2021 UNTY � MASON OMMUNIO Y SERVICES Building, Planning,Environmental Health,Community Health The Department of Community Services Treatment Sales Tax Policies & Procedures per Resolution # 31- 18 Table of Contents Section Title Page Introduction _ A County Operated TST Programs 1 B Non-County Operated TST Programs: Behavioral 2 Health BH Gaps and Needs Services c Reserve Fund for Capital and Special Projects 3 n Performance Measures 4 Introduction RCW 82.14.460 (2) authorizes the County Legislative Authority to authorize, fix and impose a sales and use tax in addition to other taxes authorized by law with a rate not to exceed one- tenth of one percent; and RCW 82.14.460 (3) Moneys collected under this section must be used solely for the purpose of providing for the operation and delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purpose of this section, "programs and services" includes, but is not limited to, treatment services, case management, transportation, and housing, that are a component of a coordinated chemical dependency or mental health treatment program or services. This funding source has gone by different names in the county such as Sales & Use Tax or 1/10 of 1% that may have created misunderstandings on the purpose and use of funds. Under- spent budgets can create a fund balance which is an unsustainable funding source for on-going programs and services. Budgets have been submitted and approved from different departments and special requests made throughout the year impacting how the budget operates and creates a risk for over committing funds. Therefore, the purpose of the policies and procedures is to establish guidelines for a collaborative budget development and approval process for the allocation of the Treatment Sales Tax for Mason County. Section A: County Operated TST Programs: Therapeutic Courts & Other Departments A.1 Policy Overview The board seeks to appropriate up to 65% of the Treatment Sales Tax to programs operated by Mason County. These would include the operation of the Therapeutic Courts such as the judicial officers, support staff, clerk, prosecution, public defense, and Juvenile Services as well as service programs in the jail, Sheriff's Office, Community Services Community Health Division or another County department. A.2 Policies and Procedures 1. Therapeutic Court, specifically Family Court and the supporting departments for operations, is the foundational program of the TST funding services. 2. Other County TST operated programs will operate via an MOU. 3. New program and project proposals can be requested as needed to fill identified BH gaps and needs. All proposals must go through Community Services for application process: Proposal Application Completion-Community Services Review-HBHB Review- Commissioner Review and Approval. 4. Budget Cycle: Annual, January 1 through December, 31 1 1 P a g e A.3 TST Budget Timeline 1. June 1 — Community Services will request County Departments complete TST Budget and Expense Excel Spreadsheet for submission 2. June 30 — Submission of itemized, programmatic budget on the TST Budget and Expense Excel Spreadsheet and narrative to Mason County Community Services 3. July 15 - Community Services confirms proposed budget for County Budget Submission and forwards to County Finance Office. A.4 Budget Expectations: 1. Budget and Expense Excel Spreadsheet completed 2. Itemized list of projected costs for each of the following: Staffing such as Judicial Officer, Program Manager, Case Manager, Prosecutor, Public Defense, Clerk, Guardian ad Litem and operational costs (e.g. office equipment, training, supplies, technology, graduation, travel, case management, and service providers). The itemized list should provide sufficient detail to easily identify cost justifications including the level of staffing (percent FTE for each staff and other operational costs (i.e. justification for training, how many people will attend, and all costs associated with the training. Equipment should include rationale for the equipment and the make, model and price for each request). 3. Expenses will be paid by reimbursement including prosecution and defense time. A.5 Budget Amendment & Reconciliation Process 1. Budget and expenses reviewed quarterly by Mason County Community Services 2. A collaborative effort will be made to reconcile budgets that are tracking over or under by 10% A.6 Fund Administration 1. The board seeks to appropriate 10% of the Treatment Sales Tax toward administration of the fund by department managing the programs and funding. Section B: Non-County Operated TST Programs: Behavioral Health (BH) Gaps and Needs Services B.1 Policy Overview The board seeks to appropriate up to 25% of the annual portion of the Treatment Sales Tax to fund gaps in services including, but not limited to, intensive case management related to mental health and substance abuse treatment, insurance gaps, transitional-aged youth, gaps to fund supportive housing services and other needs. 2 1 P a g e B.2 Policies: 1. BH community assessment gaps and needs review and funding prioritization will be an ongoing task of the Housing and Behavioral Health Board. 2. Prioritized projects may be funded by the County Commissioners for one or multi-years or once funded, a contract may be extended to continue a successful funded service. 3. Funding may be through identifying a specific gap in BH services to be filled by proposed projects or programs, by the County putting forth a Request for Proposal (RFP) or Request for Qualifications (RFQ) to the community-at-large to meet an identified gap or need in BH services. 4. All awards will be funded through a contract. 5. Funding will be granted on the fiscal year calendar from July 1 through June 30. 13.3 Procedures 1. Community Services staff will review with the HBHB annually (at a minimum every April) • current status of BH gaps and needs and prioritization • current service contracts status • available funding. 2. Project or program proposals can be requested as needed to fill identified BH gaps and needs. 3. If funding is available for project or program proposals, an RFP/RFQ will be released per commission approval. Section C: Reserve Fund for Capital and Special Projects C.1 Policy Overview The Reserve Fund for Capital and Special Projects will facilitate development of safe and sober housing to assist in behavioral health recovery, increase access to behavioral health treatment facilities, and target identified gaps and needs as they arise. All projects will be approved by the Board of County Commissioners of Mason County. C.2 Policy & Procedures 1. Fund balances resulting in unexpended funds shall be reserved for one-time capital expenditures or allocated for special projects as approved by the Commissioners. 2. A quarterly budget reconciliation process is enacted to reallocate unspent funds to contracted agencies, toward the Capital & Special Projects Reserve, or additional proposal requests as decided by the Commissioners. 3. Any County Department wishing to fund a special project must submit a proposal to Community Service's Treatment Sales Tax Program Coordinator with the minimum components: • Project or Program Title • Funding Request • Purpose 3 1 P a g e • Needs Assessment • Rationale with evidence that it qualifies under RCW 82.14.460 • Goals • Return on investment, savings, cost-benefit analysis, and/or increase in number of households served by these changes • Implementation Plan to accomplish the goals and meet expected ROI or cost saving projections • Key Performance Measures on inputs, outputs and outcomes 4. Capital projects identified by the County Commissioners will follow the Request for Proposal (RFP) process. 5. All approved projects will be paid for allowable expenses by submitting a monthly invoice to the Community Services up to the approved allocation. 6. All necessary MOU's or MOA's must be established before any funds are reimbursed. C.3 Project Examples and Descriptions: C.3.1 Housing The Capital Reserve Fund will assist in the purchase of real property for housing that is a component of a coordinated chemical dependency or mental health treatment program or service. The County does not intend to own the assets nor fund ongoing services but seeks to collaborate with private non-profit organizations. Some of the types of housing projects identified as a need in the community and are associated with mental health and/or substance abuse treatment include, but are not limited to: • Oxford Homes • Fresh Start • Diversion House (involuntary / voluntary) • Step-down House • Residential Facility C.3.2 Treatment Facilities Access to behavioral health treatment facilities is limited in the County forcing many people to seek services at long distances. The Capital Reserve Fund will assist with the purchase and construction or reconstruction of real property for providing behavioral health treatment services. Type of services include, but are not limited to: • Evaluation and Treatment Centers • Detoxification services C.3.3 Special Projects: Commissioner Approved Allocation of Funds The County Commissioners reserve the right to allocate one-time funds for special projects. All projects must meet the requirements of RCW 82.14.460 Any agency or government department requesting funds must adhere to the policies and procedures. 4 1 P a g e Section D: Performance Measures D.1 Policy Overview To demonstrate that funds are directed to programs that achieve the goals of the therapeutic courts and community priorities, improvements in program outcomes are expected and will be assessed through quarterly and annual performance measures. D.2 Evaluation and Accountability Programs or services implemented under the Treatment Sales Tax (TST) ordinance are monitored by Mason County Community Services staff. TST grantees will have an evaluation plan with performance measures developed for each funded proposal. This plan is developed in partnership with Community Service's Public Health staff. The emphasis will be on capturing data at regular intervals that can be used to determine whether the Treatment Sales Tax funding met expectations. Evaluation efforts focus on standardized data collection and reporting processes to produce the following types of information: • Quality of services (outputs, inputs) • Level of change occurring among participants (outcomes) • Return-on-investment (system savings) • Adherence to the model (fidelity) Key measurements are the number of people served and the outcomes of these services with attention paid to recidivism rates. A program is considered successful if it can: 1) 'Verify'that, as a result of its activities, specific individuals or groups are better off than before; 2) 'Document'that the money funding the program was spent to achieve the goals that were stated (accountability); 3) Provide objective proof' to people outside the program that it was a worthwhile use of resources, and; 4) Identify strengths and weaknesses to allow for'quality improvement'. D.3 Required Monitoring & Reporting All awarded contracts and therapeutic courts will be required to submit performance reports on a quarterly and annual basis for both fiscal year and, if necessary, calendar year using the templates provided by the county. Mason County will provide templates but reserves the right to change the requirements or reporting information to assess and analyze the effectiveness of funded programs and/or update the Community Health Improvement Plan. The county reserves the right to require monitoring activities for all funded programs and services. A narrative report is also requested to explain the number-driven data, speak to trends, successes, challenges and provide insights for future programming. D.4 Evaluation Plan and Deliverables for Therapeutic Courts The core performance measures for the Therapeutic Courts are adapted from the National Center for State Courts Adult Drug Treatment Courts and Mental Health Courts. The performance measures may adapt as Washington State standards are adopted or as approved 5 1 P a g e by the Mason County Commissioners. Reports are due to Mason County Community Services quarterly. The Therapeutic Court staff will provide quarterly briefs to the County Commissioners following the due dates of the quarterly reports to provide updates on such items as program deliverables, outcomes, strengths, challenges, feasibility and fidelity. 6 1 P a g e Resolution # Amending Resolution #31-18 Renaming the 1/101h of 10/0 Sales & Use Tax for Mental Health and Substance Abuse to Treatment Sales Tax and Establish a Collaborative Budget Development and Approval Process for the Allocation of the Treatment Sales Tax under RCW 82.14.460 WHEREAS, RCW 82.14.460 (2) authorizes the County Legislative Authority to authorize, fix and impose a sales and use tax in addition to other taxes authorized by law with a rate not to exceed one-tenth of one percent; and RCW 82,14.460 (3) provides that monies collected shall be solely for the purpose of providing new or expanded substance abuse or mental health treatment services and for the operation of new or expanded therapeutic court programs, and section (4)(d) states that moneys collected under this section may be used to support the cost of the judicial officer and support staff of a therapeutic court; and WHEREAS, in Resolution 28-16, the Board of County Commissioners reauthorized the continuance of the 1/10th of 1% Sales and Use Tax with annual reports and evaluation; and WHEREAS, services provided and funded by the tax should align with the priorities set forth in the Mason County's Community Plan on Behavioral Health and the Therapeutic Courts 5-year plan (2917 - 2)-,t-and WHEREAS, this funding source has gone by different names in the county such as Sales & Use Tax or 1/10 of 1% that may have created misunderstandings on the purpose and use of funds; and WHEREAS, under-spent budgets can create a fund balance which is an unsustainable funding source for on-going programs and services; and WHEREAS, budgets have been submitted and approved from different departments and special requests made throughout the year impacting how the budget operates as a whole and creating risk for over committing funds; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners that: 1. Henceforth, the funding source will be commonly known as the "Treatment Sales Tax" to reflect the purpose of the funds and be consistent with the common name used by counties throughout Washington State. 2. The Treatment Sales Tax will be a separate department line item budget-within the Mental Health Fund Budget; and 3. The next pFevieus-year's budgeted Treatment Sales Tax revenu^ee'� n will determine the money to allocate to the TST program the following year. The budgeted TST revenue will be tied to the budgeted amount of sales tax within the County's General Fund. 4. Community Services will maintain the Treatment Sales Tax Policy and Procedures for all proposals and fund recipients to follow. 5. The board seeks to appropriate 10% of the Treatment Sales Tax toward administration of the fund. 6. The board seeks to appropriate 65%68% of the Treatment Sales Tax to services to assist in the operation of the Therapeutic Courts as well as other Mason County departmental operated Behavioral Health Programs.sLieh as- 7. The board seeks to appropriate 3925%% of the Treatment Sales Tax to be contracted through a Request for Proposal (RFP) or Request for Qualifications (RFQ)-process to fund gaps in services including, but not limited to, intensive case management related to mental health and substance abuse treatment, supportive services, insurance gaps, transitional-aged youth, gaps to fund supportive housing services and other needs outlined in the Mason County's Community Plan on Behavioral Health. 8. A minimum fund balance equal to three months of the amount collected in a one-year period will be maintained to pay out services should the tax end. 9. Fund balances resulting in unexpended funds shall be reserved for one-time capital expenditures or allocated for special projects as approved by the Commissioners. 10.To demonstrate that funds are directed to programs that achieve the goals of the therapeutic courts and community priorities, improvements in program outcomes are expected and will be assessed through quarterly and annual performance measures. 11. A quarterly budget reconciliation process is enacted to reallocate unspent funds to contracted agencies, toward the Capital & Special Projects Reserve, or additional proposal requests as decided by the Commissioners. Approved this day of-JuneApFil, 20214-8. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie SmithMelissa DFewn,, Clerk of the Randy Neatherlin, Chair Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Sharon TraskTerr; M. n,-o.,ior Commissioner C: Clerk of the Board Treasurer MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: 21 June 2021 PREVIOUS BRIEFING DATES: 22 March 2021 If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal x❑ Other— please explain Frank Pinter ITEM: Create Accounting Technician/Sr. Accounting technician position in Public Health to assist with grant accounting and billing. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Creates a 1.0 FTE position reporting to the Finance Manager for Public Health that would assist with grant accounting and billing. With the addition of the LEAD grant and multiple streams of COVID funding and managing/monitoring more than 58 active grants with the related deliverables and grant tracking, the finance section needs additional support. We are at risk of missing deadlines and billings. Additional documentation requirements for current contracts require additional hours which current staff have no ability to meet. We are currently at the limit of what our fiscal staff can manage with the resources available. COVID-19 has additional funding and contracts coming to the county that extend through 2023 adding to the burden for grant accounting and billing. Cares money funds this position through Dec. 21, 2021 and transitions to Foundational Public Health Funding (FPHS) January 1, 2022 as a Cross Cutting Capability that enables the functions of other FPHS activities BUDGET IMPACT: 73,300 to 82,300 per year. There would need to be a budget amendment for 33,000 in 2021 for this expenditure. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Approve proposed position. ATTACHMENTS: Accounting Technician job description, current contract list Briefing Summary 6/16/2021 *44 POSITION DESCRIPTION Title: Accounting Technician Department: Community Services-Public Health Division Affiliation: Teamsters General Reports to: Finance Manager Services Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: Salary Range: According to current Collective Bargaining Agreement GENERAL DESCRIPTION: Performs entry-level technical accounting work and assists with the maintenance of accounting records to provide senior level accounting technician(s) with necessary financial information for the Public Health Division of the Community Services Department. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs entry level accounting activities in the areas of budgeting, payroll, grants, report compilation and analysis and other assigned accounting areas within the Public Health Division. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Coordinates the preparation and maintenance of journals and ledgers for assigned activities ensuring the classification and distribution of items to proper accounts per legal requirements and County procedures. Edits, reconciles discrepancies and corrects irregularities to prepare balanced ledgers for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departmental budget and assists in the preparation of cost estimates for work performed by department personnel. Assists Senior Accounting Technician with the coordination and monitoring grant budgets by monitoring expenditures against grants. Assists Senior Accounting Technician with the coordination of the input of departmental payroll and benefits information to ensure employees are paid correctly. Coordinates and maintains departmental personnel files and records to ensure confidentiality. Revises and updates automated system software to accommodate changes in accounting procedures and system requirements. Provides assistance and information within the scope of knowledge and authority. Regular, reliable and punctual attendance. WORKING CONDITIONS: Duties are primarily performed in an office environment while sitting at a desk or computer terminal. QUALIFICATIONS: Knowledge of: Accounting principles, methods and terminology. Governmental and cost accounting and budgeting principles and procedures. Grant accounting procedures and processes. Basic data processing principles and accounting applications. Ability to: Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles. Est. Unknown/Rev 1-6.2002/Rev 2-3.17.2021 Communicate effectively, both orally and in writing. Establish and maintain effective working relationships with staff, other agencies, vendors and the general public. Apply and adapt established accounting methods to a variety of financial transactions. Set work priorities. Physically perform the essential functions of the job. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical way to obtain the knowledge and abilities would be: One year of business/technical school with at least three accounting classes (total of 45 quarter hours or 30 semester hours), or one year of accounting experience, preferably in the public sector. Bachelors in Accounting given preference LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: Valid WA State driver's license or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Smart Risk Management—Once Slip, Trip and Fall —Annually Safe Lifting Practices—Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Elected Official/ Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est. Unknown/Rev 1-6.2002/Rev 2-3.17.2021 kepi COU,y POSITION DESCRIPTION Y lXSl GENERAL DESCRIPTION: Title: Senior Accounting Technician Department: Public Health Services Affiliation: Teamsters General Reports to: Finance Manager Services Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: Salary Range: 150 5306-7 According to current salary scale Performs highly technical accounting work and maintains departmental accounting records to provide Public Health Services Department management with necessary financial information. This one position assigned to the Senior Accounting Technician classification is distinguished from the Accounting Technician classification by the greater degree of complexity of accounting duties related to grants and contracts. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Performs departmental accounting activities in the areas of budgeting, payroll, grants, contracts, report compilation and other assigned accounting activities within the Public Health Services Department. Prioritizes and coordinates work with other departments, staff and agencies to ensure timely completion of projects. Prepares and maintains departmental journals and records for assigned activities per legal requirements and County procedures. Edits, reconciles discrepancies and corrects irregularities to ensure accurate records for the department. Monitors departmental budget by tracking and reconciling revenues and expenditures. Assists in the preparation of the annual departmental budget and in the preparation of cost estimates for work performed by department personnel. Maintains records of inventory and fixed assets within the department. Assists in the preparation of and monitors departmental grant budgets and contracts and charges appropriate expenditures, including labor, against grants and contracts. Ensures departmental accounting practices comply with local, state and federal requirements and with any applicable grant or contract requirements by reviewing and monitoring procedures and practices. Prepares and submits departmental payroll and employee leave information to ensure employees are paid correctly. Maintains departmental personnel files and records ensuring confidentiality. OTHER JOB FUNCTIONS: Revises and updates accounting records system to accommodate changes in accounting procedures and program requirements within Public Health Services. Performs other related work as required. WORKING CONDITIONS: Duties are primarily performed in an office environment while sitting at a desk or computer terminal. QUALIFICATIONS: EST-Unknown REV1-6.2002 REV2-10.2020(format)/Rev3-3.17.21(format) Knowledge of Accounting principles, methods and terminology Governmental accounting and budgeting principles and procedures - Grant accounting procedures and processes - Basic data processing principles and accounting application software - BARS- Budgeting, Accounting, and Report System Ability to Plan, organize and complete work in a timely manner Analyze, interpret and prepare accounting reports and financial statements using generally accepted accounting principles - Communicate effectively, both orally and in writing Establish and maintain effective working relationships with staff, other agencies, vendors and the general public Apply and adapt established accounting methods to a variety of financial transactions - Set work priorities Physically perform the essential functions of the job EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical way to obtain the knowledge and abilities would be: AA Degree in Accounting or a related field and three years of progressively responsible technical experience in governmental accounting, grant accounting, budgeting and payroll. Bachelor's degree in accounting or related field preferred. LICENSES, CERTIFICATES, AND OTHER REQUIREMENTS: Valid WA State driver's license, or reasonable accommodation. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Smart Risk Management—Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Date: Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: EST-Unknown REV1-6.2002 REV2-10.2020(format)/Rev3-3.17.21(format) MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING June 21,2021 Briefing Items • News Release: Solid Waste Advisory Committee (SWAC) Membership vacancies. • Solid Waste Advisory Committee membership appointment of Monica Nerney • Set Hearing for August 3, 2021 @ 9:15am to consider establishing a 25-mph speed limit on the portion of Snider Road that is county maintained. Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson Other(list below): NEWS RELEASE July 6, 2021 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Solid Waste Advisory Committee Membership Openings Mason County is seeking individuals to serve on the Mason County Solid Waste Advisory Committee (SWAC). The committee reviews and makes recommendations to the Commissioners regarding solid waste and special waste management in Mason County, including disposal rates, disposal options, waste reduction, recycling, household hazardous waste, and composting programs. The Committee consists of at least nine members and represent a balance of interests including, but not limited to citizens, public interest groups, business, the solid waste industry and local elected public officials. Committee members are appointed for a 3- year term. Participation is voluntary and members meet once a month. For more information about the SWAC, please contact Richard Dickinson at 427-9670, ext. 652. For an application, please contact the Mason County Commissioners office at 427-9670, ext. 419 or visit our website at www.co.mason.wa.us. . Applications will be accepted until the positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Vice Chair Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson, Deputy Director/U&W Management DEPARTMENT: Public Works EXT: 199 BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Two Solid Waste Advisory Committee Membership Appointments - Monica Nerney and Kendall Carman EXECUTIVE SUMMARY: Mason County is currently accepting applications from community members interested in joining the County's Solid Waste Advisory Committee (SWAC). RCW 70.95.165, requires Mason County to establish a Solid Waste Advisory Committee SWAC (Resolution 08-05) to consist of community members whose purpose is to advise the Board of County Commissioners on the development of plans, policies, programs and local rules pertaining to solid waste handling and disposal. SWAC members serve a three-year term. There are currently only four out of the nine positions currently filled. Attached are applications from Monica Nerney and Kendall Carman if appointed Monica would be representing the Skokomish Tribe and Kendall Agriculture; both special group positions. Public Works U&W Management Division will continue to accept SWAC applications until open positions have been filled. Cost Impact to the County: No cost impact to the county. PUBLIC OUTREACH: U&W Management has another News Release for the public to continue to promote the community involvement with SWAC and information on the County Solid Waste Advisory Committee webpage. RECOMMENDED OR REQUESTED ACTION: Recommend the Board appoint Monica Nerney and Kendall Carman to the Solid Waste Advisory Committee for a three-year term that expires July, 2024. Attachment: 1. SWAC Applications Briefing Summary Clerk Al ,Q. DtG{Gati�p�t V1 COarv� d U MASON COUNTYCOMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 - -= Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 - - - Mason County 1854 Connnissioners I AM SEEKING APPOINTMENT TO Solid Waste Advisory Committee NAME: Monica Nerney ADDRESS: PHONE CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) EMAIL: ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Squaxin Island Tribe 4 years YRS -Hnllsin SIT g Commission Elections Committee POSITION: Office Asst 5/Solid Waste Manager Reuse/Recycling activities SICDC COMPANY: Squaxin Island Tribe 5 years YRS POSITION: Marketing Assistant -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To be the voice of the.people and to develop and make program recommendations on waste reduction recycling garbage hauling and disposal, illegal dumping and special waste streams to the County Commissioners. What interests, skills do you wish to offer the Board, Committee, or Council? I haVia Worked for the Sq,laxin Island Trihn nq the Solid Waste Manager for fo,ir years 1 hwip- exr-'P-l1A-nt nrgnniz'qt4nnq1 skills as well as customer service. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Sqwaxin Island Trbal Oder, Chair of the HoWS'Ag ComrpissiGp, Thurstop Coupty Master Recycle r/Composters member Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? Yes, I am able Realistically, how much time can you give to this position? Quarterly X Monthly Weekly Daily Office Use Only mmc'a 6/9/21 Appointment Date Signature Date Term Expire Date � N oosN� MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437;Voice 360-427-9670,Ext.419;275-4467 or482-5269 sa I AM SEEKING APPOINTMENTTO:SWAC NAME:Kendall Carman ADDRESS: PHON CITY ZIP: WORKPHON VOTING PRECINCT: E-MAIL COMMUNITYSERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: WSU Extension Mason County,1YRS POSITION:Master Gardeners/Small Farms Coordinator In yourwords,what do you perceive is the role or purpose of the Board,Committee or Council forwhich you are applying: Provide representation forthe role of Special Groups-Agriculture.By participating in this group,I believe Icould help convey issues agricultural operators have in properly disposing of potential hazardous waste such as chemicals and animal products. What interests,skills doyou wish to offerthe Board,Committee,orCouncil? I have a background in and am currently in communication with agricultural producers in Mason County.Furthermore,I have access to WSU resources such as staff,publications,and information concerning recentscience and studies.I will be a liaison to WSU for our community. Please list any financial,professional,orvoluntary affiliations which may influence or affect your position on this Board (i.e.create a potential conflict of interest):None Your participation is dependent upon attending certain trainings made available by the County during regular business hours(such as Open Public Meetings Act and Public Records).The trainings would be at no costto you. Would you be able to attend such trainings? Yes Realistically, how much time can you give to this position? X Quarterly Monthly Weekly Daily Office Use Only VIO& Appointment Date Signature Dale Term Expire Date_ MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: June 21, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal [I Other— please explain ITEM: Establish Speed Limit on Snider Road EXECUTIVE SUMMARY: The portion of Snider Road that is county maintained was recently converted from a gravel road to a paved road. Before being paved it was classified as a primitive road, according to RCW 36.75.300 and signed as primitive, which do not require speed limit or warning signs to be posted. With the paving improvements on this road, an engineering and traffic investigation was completed and the County Engineer is recommending the Board establish a speed limit by setting a hearing to consider changing the speed limit to the following: Existing Recommended Road No. Road Name Speed Speed M.P. — M.P. Comment 19210 Snider Road N/P 25-mph 0.000 -0.720 Portion PUBLIC OUTREACH: Notice of hearing will be published two (2) consecutives weeks and will be listed under"What's New" on the County webpage. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for August 3, 2021 at 9:15am to consider establishing a 25-mph speed limit on Snider Road from M.P. 0.000 — M.P. 0.720. Attachment: 1. Notice of Hearing 2. Engineering and Traffic Investigation Page 1 of 1 NOTICE OF HEARINGS SPEED LIMITS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at http://masonwebty.com/ on Tuesday, August 3, 2021 at 9:15am. SAID HEARING is to consider changing the speed limit on the county-maintained portion of the following Mason County road: COUNTY COUNTY EXISTING RECOMMENDED APPROX. ROAD NO. ROAD SPEED SPEED M.P. — M.P. 19210 Snider Road N/P 25 0.000 - 0.720 A traffic investigation has been prepared and all related material reviewed by the Board and found appropriate for further proceedings. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website — www.co.mason.wa.us to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith(a)co.mason.wa.us or mail to Commissioners Office, 411 North 51 Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 DATED this 6th day of July 2021. DEPARTMENT OF PUBLIC WORKS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board cc: Commissioners Engineer Publish: Shelton Journal-2t: 7/15/21 &7/22/2021 Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton, Washington 98584 MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: June 16, 2021 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on Snider Road Snider Road was recently converted from a gravel road to a paved road. Before it was paved, it was classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new paved surface, Snider Road no longer qualifies as a primitive road by State law, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION Snider Road is classified as a low volume residential road. A review of Snider Road was done after it was paved and Public Works recommends the speed limit be set at 25 mph. The road will be evaluated for any additional warning signs that are needed. Attachment: 1. Map Paved portion of Snider Road J �t L' f E Ch-3rnlcl Faint F1 re a MEN* i'1f( 4 6/16/2021, 7:56:22 AM 1:6,146 0 0.05 0.1 0.2 mi FJ County Boundary 0 0.07 0.15 0.3 km Tax Parcels (Zoom in to 1:30,000) Sources:Esri,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,METI,Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS User Community Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,USGS,EPA,NPS i Richard Diaz i MASON COUNTY BRIEFING ITEM SUMMARY FORM --- --....... ._____ - ----. TO: BOARD OF MASON COUNTY COMMISSIONERS i _._.._..._........... ._. FROM: George Steele, Presiding Judge O Patsy Robinson Administrator tZ DEPARTMENT: District Court EXT: 278 BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: �_(If this is a follow-up briefing, please provide only new information__ INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance Human Resources Oxxl Legal Other — please explain _ ITEM: Amended Interpreter Reimbursement Program (Interagency Agreement IAA21627) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): On February 16, 2021, the Boards chair, Randy Neitherland signed off on the Court Interpreter Reimbursement Program through the Administrative Office of the Courts (AOC). District Court has received an amended contract increasing the reimbursement amount from $ 10,269 to $ 13,863. The Court will be reimbursed for a portion of the interpreter costs incurred between July 1, 2020 to June 30, 2021 up to a maximum of$ 13,863. The Interagency Agreement must be signed and returned to AOC. (An additional $3,594.00 in revenue) BUDGET IMPACT: Original impact was additional revenue of$10,269 this will increase that amount by $3,594 in additional revenue for a total of $ 13,863. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Place the matter on the action agenda for signing the Interagency Agreement. ATTACHMENTS: Copy of signed Interagency Agreement IAA21627 from 2/16/2021 Interagency agreement IAA21627 AMENDMENT 1 (Signature needed) Briefing- Summary 6i1412021 INTERAGENCY AGREEMENT IAA21627 AMENDMENT 1 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY DISTRICT COURT THIS AMENDMENT is entered into by and between the Administrative Office of the Courts (AOC) and Mason County District Court (Court). PURPOSE The purpose of this amendment is to INCREASE the maximum reimbursement amount of the original agreement. The Compensation section 5.a of the original agreement is amended to read as follows: a) The Court shall be reimbursed a maximum of$13,863 for interpreter and language access services costs incurred during the period of July 1 , 2020 to June 30, 2021 . No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2021. All other terms and conditions of the original contract remain unchanged. AGREED: Administrative Office of the Courts Court Signature Date Signature Date Name Name Title Title IAA21627-Al Page 1 of 1 01�o INTERAGENCY AGREEMENT IAA21827 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY THIS AGREEMENT(Agreement) is entered Into by and between the Administrative Office of the Courts (AOC) and Mason County, for the purpose of distributing funds for court Interpreter and language access service expenses to the Mason County District Court(Court). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a) "Certified Interpreter" means an interpreter who is certified by the Administrative Office of the Courts, as defined In RCW 2,43,020 (4) or an interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH) pursuant to WAC 388-618-500, et. seq. The names and contact information of AOC-certified interpreters are found, and Incorporated herein by reference, at http:l/www,courts.wa.gov/programs oras/pos interpret/The names and contact Information of ODHH-certified interpreters are found, and incorporated herein by reference, at: htps Hfortress.wa.pov/dshs/odhhapM/Interpreters/CourtinteIRreter.asOx 1 b) "Registered Interpreter" means an Interpreter who is registered by the Administrative Office of the Courts, as defined In RCW 2,43,020 (6). The names and contact Information of registered Interpreters are found, and Incorporated herein by reference, at http://www.courts.wa.aovlprograms orgs/pos interpret/. c) "Qualified interpreter" means a spoken language Interpreter as defined in RCW 2.43,020 (2), or sign language Interpreter as defined in RCW 2.42.110 (2). d) "Qualifying Event" means a proceeding or event for which an Interpreter Is appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43. 2. PURPOSE The purpose of this Agreement is to partner with individual local courts in improving access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons In accordance with RCW Chapters 2.42 and 2.43. a) These funds are Intended to address each court's following needs. • Financial Need—i.e., the gap between the court's available financial resources and the costs to meet its need for certified, registered, and qualified interpreters, and the Implementation of the Court's language access plan; and • Need for Court Interpreters—Le., the public's right to access the court, and the court's responsibility to provide court certified, registered, and qualified interpreters as required by RCW Chapters 2.42 and 2,43. IAA21627 Page 1 of 8 1 FEB 1 6 Ml MASON CO DISTRI 0 RT • Need for Language Access in General— i.e., translations for website e� forms, interpreting equipment, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for people who are LEP, deaf, and hard of hearing. 3. DESCRIPTION OF SERVICES TO BE PROVIDED a) The Court will ensure that the interpreter funding is used only for language access purposes and for reimbursement of costs paid to certified, registered, and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. b) The Court agrees to track and provide interpreter cost and usage data using a form provided by the AOC Interpreter Reimbursement Program, reflecting information about the Court's interpreter and language access costs and services. c) The Court agrees to work with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement best and promising practices for providing language access and interpreter services. d) The Court agrees to encourage its staff overseeing interpreter services at the court to attend trainings (in person and/or online) provided by the AOC Interpreter Commission and Interpreter Program. e) The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; however, such payments will not be reimbursed. f) The Court is required to have a Language Assistance Plan (LAP) to be a part of the reimbursement program. 1) Courts Currently in the Reimbursement Program must submit their current LAP for review and approval by the Interpreter Commission by November 15, 2020, 2) Courts Joining the Reimbursement Program for the First Time must submit their LAP for review and approval by the Interpreter Commission by April 1, 2021. Staff from the Washington State Supreme Court Interpreter Commission will work with the new courts to develop and implement their LAPs, and will provide technical assistance and training when needed. 4. PERIOD OF PERFORMANCE The beginning date of performance under this Agreement is July 1, 2020, regardless of the date of execution and which shall end on June 30, 2021. 5. COMPENSATION a) The Court shall be reimbursed a maximum of$10,269 for interpreter and language access services costs incurred during the period of July 1, 2020 to June 30, 2021. No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2021. b) The Court shall receive payment for its costs for interpreter and language access services as set forth in Exhibit A, and incorporated herein. c) The Court shall not be reimbursed for interpreter services costs for Qualifying Events or other goods and services set forth in Exhibit A until properly-completed A-19 IAA21627 Page 2 of 6 Invoices, and corresponding data,(See subsection 3b), are received and approved by AOC, pursuant to the following schedule: 1). Reflecting Qualifying and non-qualifying Events, and any goods or services purchased, occurring between July 1, 2020 and September 30, 2020, must be received by the AOC no later than December 31, 2020. 2) Reflecting Qualifying and non-qualifying Events, and any goods or services, purchased occurring between October 1, 2020 and December 31, 2020, must be received by the AOC no later than March 1, 2021. 3) Reflecting Qualifying and non-qualifying Events, and any goods or services, occurring between January 1, 2021 and March 30, 2021, must be received by the AOC no later than April 30, 2021. 4) Reflecting Qualifying and non-qualifying Events, and any goods or services, occurring between April 1, 2021 and June 30, 2021, must be received by the AOC no later than July 31, 2021. d) If this agreement Is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e) The Court shall submit its A-19 Invoices quarterly to: RelmbursementProaramAcourts.wa.gQv The Data shall be submitted electronically to the AOC as described in Section 3b, above, and in conjunction with the quarterly invoice. f) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed Invoice and the completed data report. g) The Court shall maintain sufficient backup documentation of expenses under this Agreement. h) The AOC, in Its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If It appears the Court may not expend the maximum Agreement amount, the AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount If additional funds become available through these revenue sharing provisions. 6. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. RIGHTS IN DATA Uniess.otherwise provided, data which originates from this Agreement shall be "works for hire" as defiried by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall'include, but not be limited to, reports, documents, pamphlets, advertisements,,books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership Includes the right to copyright,-patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement Include material not Included within the definition of"works for hire,"the Court hereby IAA21627 Page 3 or 6 assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty-free, Irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Court has a right to grant such a license. The Court shall advlse the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential Invasions of privacy contained therein and of any portion of such document which was not produced in the performance of thls Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged In the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 9. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are In writing and signed by personnel authorized to bind each of the parties. 10. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended In the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 11. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, In order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 12. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA21827 Page 4 of 6 13. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement Is so terminated, the parties shall be liable only for performance rendered or costs incurred In accordance with the terms of this Agreement prior to the effective date of termination. 14. GOVERNANCE This Agreement is entered Into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an Inconsistency In the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence In the following order. a. Applicable state and federal statutes and rules; b. This Agreement; and c. Any other provisions of the agreement, Including materials incorporated by reference. 15. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, Is not assignable or delegable by either party in whole or In part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 1 16. WAIVER j A failure by either party to exercise Its rights under this Agreement shall not preclude that i party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 17. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held Invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA21627 Page 6 of 6 18. AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager Court Program Manager Michelle Bellmer Patsy Robinson PO Box 41170 Court Administrator Olympia,WA 98504-1170 419 N. 4th St michelle.bellmer@courts.wa.gov PO Box O (360) 350-5373' Shelton, WA 98584 patsyr@co.mason.wa.us 360 427-9670 19, ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Contractor 12i Signature Date Signature Date Dawn Marie Rubio Qa �A Nea er�tn Name Name Administrator, AOC �Y ntte Title IAA21827 Page 6 of 6 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS - -- ........ ..... _.--- FROM: George Steele, Presiding Judge Patsy Robinson, Administrator i I DEPARTMENT: District Court EXT: 278 i BRIEFING DATE: June 21, 2021 PREVIOUS BRIEFING DATES: f If this is a follow-up briefing, lease rovide onlV new information INTERNAL REVIEW lease check all that apply): D Bud et/Finance Human Resources �P PP Y�� 9 Legal Other— please explain _- _ I ITEM: FOR INFORMATION ONLY AT THIS TIME. New Case Management System ODYSSEY for Courts of Limited Jurisdiction New Case Management System Caseload Pro for Adult Probation Odyssey FILE AND SERVE (OFS) IMPLEMENTATION EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Administrative office of the Courts is moving forward with the Implementation of Odyssey, and Odyssey File and Serve (OFS) for the Courts of Limited Jurisdiction as well as the Implementation of Caseload Pro for Adult Probation Divisions. OFS will be implemented first with an eFile Permissive Go-Live date of Monday, September 20, 2021 and a Mandatory GO-LIVE date of Wednesday, October 20, 2021. We will be also moving to implement Odyssey, however we are not slated for this phase of the project until the first Quarter of 2025. BUDGET IMPACT: Equipment may need to be purchased however, the cost for the Courts is unknown at this time PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: ATTACHMENTS: Briefing Sunimary 6l1412021 1 August 1, 2006 2 3 MEMORANDUM OF UNDERSTANDING 4 Between the 5 Washington State Public Works Board 6 And the 7 Washington State Department of Community, Trade and Economic Development 8 9 Whereas; the Legislature established the Public Works Board as an independent state board 10 (RCW 43.155.030)with the authority to do all acts and things necessary or convenient to carry 11 out the powers expressly granted or implied by the statute (RCW 43.155.040); 12 Whereas; the Legislature established the Public Works Assistance Account(RCW 43.155.050) 13 and authorized the Public Works Board to make low-interest loans from the account to assist 14 local governments finance public works projects(RCW 43.155.060) and to meet match 15 requirements of the federal Safe Drinking Water Act(RCW 43.155.050); 16 Whereas;the Legislature appropriates funds from the Public Works Assistance Account for the 17 Public Works Board loan programs through the Department of Community,Trade and Economic 18 Development; 19 Whereas; the Legislature directed the Public Works Board and the Department of Community, 20 Trade and Economic Development to work with the Department of Health to establish and 21 maintain a program to use the moneys in the Drinking Water Assistance Account; 22 Whereas; the Legislature directed the Department of Community,Trade and Economic 23 Development to provide staff support to the Board; 24 Therefore,the Public Works Board and the Department of Community,Trade and Economic 25 Development adopts this agreement to outline and establish clear lines of authority and 26 responsibility between the two parties and to foster and enhance their working relationship. 27 PWB-CTED MOU 1 August 1, 2006 1 A. Definition of Terms 2 1. "Assistant Director"refers to the Executive Director's role within the Department's 3 organizational structure. 4 2. "Board"refers to the Public Works Board. 5 3. "Chair"refers to the Chair of the Board. 6 4. "Department"refers to the Department of Community,Trade and Economic 7 Development. 8 5. "Deputy Director"refers to the Department's Deputy Director assigned responsibility for 9 coordination with the Public Works Board. 10 6. "Designee"refers to any individual or group granted authority to act on behalf of the 11 grantor. 12 7. "Director"refers to the Director of the Department. 13 8. "DOH"refers to the Department of Health. 14 9. "DWSRF"refers to the Drinking Water State Revolving Fund. 15 10. "Executive Committee"refers to the Board-appointed committee that advises the Chair. 16 11. "Executive Director"refers to the Board's staff Executive Director. 17 12. "MOU"refers to this Memorandum of Understanding. 18 13. "OFM"refers to the Office of Financial Management. 19 14. "Staff'refers to the Washington State employees who directly support the Board. 20 B. Scope of Agreement 21 1. This MOU is intended to establish clear lines of authority and responsibility between the 22 Board and the Department. PWB-CTED MOU 2 August 9, 2006 1 2. Nothing in this Memorandum of Understanding is intended to provide any additional 2 grant of authorities or powers to the Board or the Department that is not already provided 3 for by statute,nor is it intended to in any way diminish powers granted to the Board or 4 the Department. 5 3. Periodically but not less often than bi-annually,the Board and Department will review 6 this MOU and, if necessary,recommend changes to the other party. 7 C. Public Works Board Program Administration 8 1. The Board will adopt rules,policies,and procedures to carry out responsibilities 9 enumerated by RCW 43.155.040 or specified in federal program guidelines. 10 2. The Board may delegate the maintenance of the rules,policies,procedures,and 11 guidelines that govern its programs to the Executive Director. 12 D. Communication and Relationship With Other Entities 13 1. The Board will establish and maintain a direct relationship with OFM,the Governor's 14 Office,legislators,legislative staff,other state agencies,federal agencies,associations, 15 organizations,and other groups and individuals on matters that pertain to the Board and 16 the programs it administers. 17 2. The Board may delegate this responsibility to Staff. 18 E. Legislative Package 19 1. The Board will select the projects that will be recommended for financing through the 20 Construction Loan Program. 21 2. The Board will select the projects that will be financed through the Pre-Construction, 22 Emergency, and Planning Loan programs and any other programs administered by the 23 Board. PWB-CTED MOU 3 August?, 2006 1 3. The Board will prepare and approve its annual legislative package within timelines and 2 standards established for the Department. The package will include, at a minimum, the 3 Construction Loan Program project list recommended for approval by the Legislature. 4 4. The Board may delegate this responsibility to Staff. 5 5. The Department will forward the Board's legislative package to the OFM with its annual 6 legislative submission, within established timelines and guidelines. The Board will work 7 with the Department if an extension is needed to the established timelines and standards. 8 F. Drinking Water State Revolving Fund 9 1. The Board will, in cooperation with the Department of Health(DOH) and as prescribed 10 by the MOU with DOH, establish and maintain rules that govern the DWSRF and will 11 select projects for the DWSRF to be recommended to the Environmental Protection 12 Agency for financing. 13 G. Budget Submission 14 1. The Board will develop and propose for approval by OFM its biennial and supplemental 15 operating budgets and its biennial and supplemental capital budgets 16 2. The Board may delegate this responsibility to Staff. 17 3. The Board will submit its budgets within established timelines and standards. The Board 18 will work with the Department if an extension is needed to the established timelines and 19 standards. 20 4. The Department will forward the Board's budget to the OFM with its annual budget 21 package. 22 H. Contracts,Loans,Grants and Related Agreements 23 1. The Chair, or Designee, will sign contracts or otherwise financially obligate the funds for 24 loans and grants and for related agreements as approved by the Board under the powers 25 and authorities granted to the Board by statute. PWB-CTED MOU 4 August 1, 2006 1 2. The Board will determine what contractual services it needs in order to carry out its 2 mission and will execute such contracts. 3 3. This duty may be delegated to the Executive Director. 4 I. Provision of Administrative Services 5 1. The Department will provide administrative services to the Board at a cost and in a 6 manner consistent with the provision of such services throughout the Department. 7 2. The Department will consult and seek input and participation from the Board whenever 8 direct or indirect rates and costs,or changes to the Indirect Cost Allocation model are 9 proposed. The cost of such services will be determined by a methodology applied 10 consistently to other programs, boards, and commissions supported by the Department. 11 3. The Department recognizes the Board's responsibility to perform its mission in a manner 12 compatible with the highest standards of efficiency and customer service. 13 4. The Department agrees to provide information and technology systems in accordance 14 with a Service Level Agreement Plan approved by the Board. The Board reserves the 15 right to secure additional information and technology systems or services. 16 5. The Board will be responsible for all costs associated with purchase, development, 17 support and use of independent programs and systems, including reasonable costs 18 incurred by the Department. 19 6. When exercising the authorities and responsibilities described in this agreement, the 20 Department, the Board and the Staff agree to do so in compliance with written 21 Department administrative rules,regulations, policies, and procedures unless the Director 22 grants an exception in writing. 23 7. Compliance issues under the Department's administrative rules, regulations; and policies 24 will be referred to the Executive Director,or in the case of the Executive Director, to the 25 Chair(or Designee). PWB-CTED MOU 5 August 1, 2006 1 J. Outreach and Graphic Standards 2 1. The Board will establish and maintain outreach and graphic standards and guidelines for 3 its communications and products. 4 2. The Board may delegate this responsibility to Staff. 5 3. As appropriate, such communications and products will also clearly include an 6 established Department logo or reference. 7 K. Meetings Between the Board and the Department 8 1. The Chair and the Director or the Deputy Director will meet at least once each quarter to 9 discuss matters of cooperation, coordination, and mutual importance. 10 2. The Chair, Director,or Deputy Director may invite any other individual or individuals to 11 these meetings. 12 L. Selection and Supervision of the Executive Director 13 1. The Chair(or Designee) and the Director(or Designee) will consensually select the 14 Executive Director from qualified candidates approved by the Board(or Designees)and 15 the Director(or Designee). 16 2. The Director will appoint the Executive Director as agreed through mutual consent. It is 17 not the intent of the Board or the Department that the appointment function limits or 18 displaces the Board's right to direct its Executive Director, subject to Section I. (6) 19 above. 20 3. The Executive Director will serve in an at-will exempt position at the mutual pleasure of 21 the Board and the Director.The Director will separate the Executive Director from 22 employment within 15 days upon receipt of a separation directive from the Board. In 23 recognition of the at-will exempt employment status of the Executive Director,the Board 24 agrees that upon 15 days notice to the Board, and upon a good faith effort to reach PWB-CTED MOU 6 August 1,2006 I consensus with the Chair, the Director may separate the Executive Director from 2 employment with or without the consent of the Chair. 3 4. Each year in May,the Board and the Director will prepare a joint evaluation of the 4 Executive Director on the form approved by the Department of Personnel. Each party 5 may contribute text to the performance planning portion of the evaluation. The Board 6 may evaluate the compensation provided to the Executive Director and make a 7 recommendation to the Director for adjustments within his/her delegated authority and to 8 the Department of Personnel for adjustments outside the Director's authority. 9 5. The Director will delegate to the Executive Director authority for financial transactions 10 and personnel actions at a level comparable to Division heads within the Department. 11 M. Dispute Resolution 12 1. Consistent with RCW 43.17.320—340, the Board and the Department will make every 13 effort to resolve disputes arising out of or relative to this MOU through discussion and 14 negotiation at the earliest opportunity. 15 2. In the event of a dispute or disagreement arising out of or relative to this MOU, the Board 16 (or Designee) and the Director(or Designee)will employ every effort to resolve the issue 17 satisfactorily to both parties. These efforts will involve alternative dispute resolution 18 methods. Such methods may include,but are not limited to,the appointment of a 19 mediator, acceptable to the Chair and the Director, to assist in the resolution of the 20 dispute. The parties may also request assistance from the attorney general to advise the 21 mediator and the disputing parities. If unsuccessful,the dispute resolution process 22 outlined in RCW 43.17.330 will be followed. 23 24 N. Memorandum of Understanding 25 1. This MOU constitutes the entire agreement between the Department and the Board and 26 any past practice, agreement, or understanding between the parties—whether written or PWB-CTED MOU 7 August 1,2006 1 oral—is null and void,unless specifically preserved in this Memorandum of 2 Understanding. 3 2. All provisions of this MOU will become effective upon execution, and will remain in full 4 force and effect for five(5) years from the date of execution, or until termination by 5 mutual consent of the parties. 6 3. If this MOU expires while negotiations between the Department and the Board are 7 underway for a successor MOU,the terms and conditions of this MOU will remain in 8 effect for a period not to exceed one(1)year from the expiration date. Thereafter, the 9 Dispute Resolution process in Section M., above,will be implemented. 10 11 12 13 Diana Gale,Chair Date Juli Wilkerson,Director Date 14 Public Works Board Dept.of Cormnunity,Trade and Economic Development 15 PWB-CTED MOU g August 1; 2006