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HomeMy WebLinkAbout2023/08/21 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF August 21, 2023 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CoU���� . 1854 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 21, 2023 llcf Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday,August 21, 2023 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. Housing Authority—Becky Cronquist&Dan Armstrong 10:30 A.M. Auditor's Office—Steve Duenkel 10:45 A.M. Public Health—Dave Windom 11:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management 11:20 A.M. Support Services—Mark Neary Commissioner Discussion—as needed Commission meetings are live streamed at hlW://www.masonwebtv.com/and public commented is accepted via email msmith@masoncountywa.gov;mail to Commissioners Office,411 N 5'Street, Shelton, WA 98584;or phone at(360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' office no later than 4 p.m.the Friday before the meeting. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 08/18/23 at 9:06 AM C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Steve Duenkel Ext.468 Department: Auditor's Office Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: August 29,2023 Internal Review: ❑ Finance ❑X Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Proposed Process and Plan for the Mason County Citizens' Commission on Salaries. Background/Executive Summary: The Mason County Board of County Commissioners has expressed interest in a salary commission. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): Press Release Requested Action: Approval to proceed per plan,beginning with drafting a Resolution for the BOCC to charter a citizens' commission on salaries. Attachments Salary Commission 2023 Proposed Process & Plan Steve Duenkel Mason County Auditor August 21 , 2023 Applicable Law (excerpt) RCW 36.17.024 County commissioner and councilmember salary commissIO'd u3. (1) Salaries for county commissioners and councilmembers may be set by county commissioner and councilmember salary commissions established by ordinance or resolution of the county legislative authority and in conformity with this section. (2) Commissions established under subsection (1) of this section shall be known as the (Insert name of county) county citizens' commission on salaries for elected officials. Each commission shall consist of ten members appointed by the county commissioner or executive with the approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive, as provided in this section. (a) Six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission under(c) of this subsection. In noncharter counties, the county auditor shall select two commission members living in each commissioner's district. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection from a commissioner's district if a person selected from the district declines appointment to the commission or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office. (b)The remaining four of the ten commission members must be residents of the county and shall be appointed by the county commissioner or executive with approval of the county legislative authority, or by a majority vote of the county legislative authority if there is no single county commissioner or executive.The persons selected under this subsection shall have had experience in the field of personnel management. Of these four members, one shall be selected from each of the following four sectors in the county: Business, professional personnel management, legal profession, and organized labor. (d) No person may be appointed to more than two terms. No member of the commission may be removed by the county commissioner or executive, or county legislative authority if there is no single county commissioner or executive, during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. (e)The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. "Immediate family member" as used in this subsection means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. (f) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as for the original appointment. Commissioners to Appoint RCW 36.17.024 County commissioner and councilmember salary commissio'Nc3. One member from each of the following four sectors in the county*: • Business • Professional personnel management • Legal profession • Organized labor * Appointees may not include any officer, official, or employee of the county or any of their immediate family members. Applicable Law (excerpt) RCW 36.17.024 County commissioner and councilmember salary commissIO'd c3. (3)Any change in salary shall be filed by the commission with the county auditor and shall become effective and incorporated into the county budget without further action of the county legislative authority or salary commission. (4) Salary increases established by the commission shall be effective as to county commissioners and all members of the county legislative authority, regardless of their terms of office. (5) Salary decreases established by the commission shall become effective as to incumbent county commissioners and councilmembers at the commencement of their next subsequent terms of office. (6) Salary increases and decreases shall be subject to referendum petition by the people of the county in the same manner as a county ordinance upon filing of such petition with the county auditor within thirty days after filing of the salary schedule. In the event of the filing of a valid referendum petition,the salary increase or decrease shall not go into effect until approved by vote of the people. (7) Referendum measures under this section shall be submitted to the voters of the county at the next following general or municipal election occurring thirty days or more after the petition is filed, and shall be otherwise governed by the provisions of the state Constitution and laws generally applicable to referendum measures. (8)The action fixing the salary of a county commissioner or councilmember by a commission established in conformity with this section shall supersede any other provision of state statute or county ordinance related to municipal budgets or to the fixing of salaries of county commissioners and councilmembers. (9) Salaries for county commissioners and councilmembers established under an ordinance or resolution of the county legislative authority in existence on July 22, 2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with such charter provision or ordinance. ,►°e°t' �°oNr Y Proposed Process ,Ys� • Form the Mason County Salary Commission by Resolution • Auditor to prepare draft resolution for BOCC review & approval. • 6 members (Auditor - by lot, using random number generator & tables built from VoteWA for each District) • 4 members (BOCC - by sector) • Auditor to Notify Members • Auditor to schedule the Commission Meeting (target September 2023). • Auditor to prepare the Commission Meeting Agenda • HR Director to provide Commission with salary / comparable salary data and guidelines. ,►°e°t' �°oNr Y Recommendation for the BOCC ���� • Within the 4y-ear term, conduct 1 meeting of the Commission on Salaries each year, consistent with budget cycle. • Run the Commission on Salaries through the Auditor's Office. • Start 1 Q 2024 ,►°e°t' �°oNr Y Questions for the BOCC 1854 • Commission scope? (County Commissioners only? Other elected officials?) • Run the Commission on Salaries through the Auditor's Office. � • Steve D u e n ke I Mason County Auditor 360-427-9670 Ext 468 sduenkel@masoncountywa.gov SON co� DRAFT- MASON COUNTY CITIZENS'COMMISSION ON SALARIES AUDITORS OFFICE PROCEDURES—SELECTION AND REPLACEMENT OF COMMISSION MEMBERS gUDITOg Random Selection The Auditor will use a random lot draw method to identify candidates for the Commission on Salaries from the voter registration rolls. Candidates must be eligible to vote at the time of selection. Therefore, only voters who are on active status in VoteWA at the time of identification will be selected. Residency The Auditor will confirm candidate residency at the time of selection with respect to the County Commissioner Districts with voter information displayed in VoteWA. The lot draw selection will continue until at least 20 active voters are identified from each District. Any challenge to the voter's residency must be addressed through the formal challenge process established in RCW 29A.08.810. 30 days prior to each annual meeting of the Commission on Salaries, the residence address in the voter registration file will be reviewed for each Commission member. If the residence address is no longer within the County Commissioner District of appointment, the Auditor will inform the individual that they are no longer eligible to serve and the position will be declared vacant. The Auditor will refill the position using the process detailed below. Notification The Auditor will initially contact candidates in the most practical manner. If initially contacted by phone, candidates who do not decline verbally will be notified formally by mail. The letter will include the duties of the Commission on Salaries, a request for response to serve and a questionnaire to determine eligibility. Notifications can be sent to batches of candidates. A response from the candidate must be received within 10 days after the notice is mailed. If no response is received by that date, the candidate will be automatically removed from the list. Candidate Response, Eligibility and Selection Candidate Response Candidates are free to accept or decline the appointment at any time. If a candidate declines (or fails to respond), their name will be removed from the list. A candidate cannot rescind a 'decline' response. Eligibility After the responses have been received, the Auditor will review questionnaire answers to determine candidate eligibility. If the candidate fails to meet the eligibility requirements specified in the enabling resolution, the candidate will be removed from the list. The candidate may be contacted by the Auditor for clarification. The Auditor's decision is final. Selection Effective: August XX, 2023 Page 1 Eligible candidates will be appointed as members or as alternates based on the timing of their responses. The first eligible candidates to affirm their acceptance and to return their eligibility questionnaire will be appointed to the vacant positions(s). The next two eligible candidates to affirm their acceptance and return their eligibility questionnaire will be appointed as alternates. Rank will be determined by the order in which the questionnaires are received. Appointment The selected candidates and alternates will be provided with letters of appointment by the Auditor. The list of selected members and alternates will be forwarded to the Board of County Commissioners. Vacancies and Replacements The Board of County Commissioners will notify the Auditor in writing of a vacancy in the Commission on Salaries. After the notification is received, the Auditor will contact the qualified alternates in order of rank. The notification process is the same as for the original member. The replacement member will serve the remainder of the position's term. Effective: August XX, 2023 Page 2 Mason County Citizens Commission on Salaries for Elected Officials DRAFT By-Laws Authority: The Citizens Commission on Salaries is established by Resolution No. XXXX-XX, pursuant to RCW 36.176.024, effective_/_/2023. Purpose: To set the salaries on the Board of Commissioners and other elected officials of Mason County, Washington. Membership: The Commission shall consist of 10 members, selected as follows: A. Six (6) of the 10 will be selected by lot by the County Auditor from among the registered voters in each of the (3) county commissioner districts. B. Four(4) must be residents of Mason County and appointed by majority vote of the County Commissioners. Of these four members, one shall be selected from the business sector, one shall be selected from professional personnel management, one shall be selected from the legal profession, and one shall be selected from organized labor. C. Members of the commission shall not include any officer, official or employee of Mason County, nor any immediate family member of such officer, official, or employee of Mason County. Term: Appointments to the commission shall be for terms of four(4)years. No person shall be appointed from more than two (2) such terms. Officers: On a yearly basis, commission members shall elect a chair, viced-chair, and secretary. Rules, Regulations, and Assistance: The commission shall be subject to the provisions of the Open Meetings Act, and it shall keep minutes of all meetings. The setting of salaries shall be by an affirmative vote of not less than seven (7) members. The staff of the Board of Commissioners, including the Cler of the Board and the Human Resources Director shall assist the commission as the commission requests. Round 1 Letter to Potential Voter Members ��SON COU��,A gUDITOg XX September 2022 John Doe District#1 3000 N XXXXX Rd XXXXXXX WA 980XX Dear John; Congratulations. You have an important opportunity to serve on the Mason County Citizens' Commission on Salaries. Through this commission, citizens set the salaries of the County Commissioners, Sheriff and Prosecuting Attorney and recommend the salaries of the non- judicial County elected officials. Six of the ten members are selected randomly from the voter registration rolls. This is how you were selected. Two voters are appointed from each of the three Commissioner Districts. The other four members are representatives from the business community appointed by the Board of Commissioners. The Commission meets in September of each odd-numbered year to review the salaries. The time required to serve on this committee is minimal, usually three to four meetings over a two- month period. Meetings generally last between 1 and 2 hours. Your term will expire at the end of 2025, so you will serve on two cycles of the Commission. Please contact Kailey Chappel in the Elections Department at (360-427-9670, Ext 541), or kchappell@masoncountywa.gov to let us know if you are or are not able to serve on the Salary Commission. If you are willing to serve, please complete the enclosed profile sheet and return it in the enclosed envelope. If you have any questions, please feel free to contact me any time. I look forward to working with you in your contribution to County government. Sincerely, Steve Duenkel Mason County Auditor sduenkel@masoncountywa.gov (360) 427-9670, Ext. 468 • MASON COUNTY rTi Public Health & Human Services Briefing August 21, 2023 Briefing Items Opioid Abatement Council Independent Subcommittee ILA w/City of Shelton—Dave Windom Rural Communities Opioid Response Program amendment w/OHRS —Melissa Casey FY24 Emergency Housing Fund agency subcontracts—Melissa Casey Ecology Local Solid Waste Funding contract—Ian Tracy C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom Ext.260 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: August 29,2023 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Shelton-Mason Interlocal Agreement for Opioid Abatement Council Independent Subcommittee Background/Executive Summary: The Opioid Abatement settlement dollars require a three-level oversight, each agency signs the State agreement(Participating Local Governments). The State agreement then has a regional subcommittee (Allocation Regions). Mason County's regional agreement is within the Cascade Pacific Action Alliance region. We have elected to become a subcommittee of the regional agreement by cooperating with the City of Shelton, combining funds and reducing overhead and management costs. Budget Impact(amount,funding source,budget amendment): Adds the City of Shelton abatement funds to the Mason County abatement funds. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Interlocal Agreement(ILA)between the City of Shelton and Mason County for an Opioid Abatement Council Independent Subcommittee. Attachments ILA INTERLOCAL AGREEMENT FOR OPIOID ABATEMENT COUNCIL INDEPENDENT SUBCOMMITTEE This lnterlocal Agreement (the "Agreement") is made and entered into pursuant to Chapter 39.34 RCW, the "Interlocal Cooperation Act,"by and between Mason County, Washington, a political subdivision of the State of Washington; the City of Shelton, a municipal corporation organized under the laws of the State of Washington. The above-mentioned local governments will be collectively referred to herein as the "Parties." RECITALS A. The Parties are all "Participating Local Governments" as defined by the "One Washington Memorandum of Understanding Between Washington Municipalities" ("One WA MOU"), attached hereto as Exhibit A and incorporated herein by reference. B. The One WA MOU is one of the primary governing documents concerning how Participating Local Governments are to receive opioid abatement funding (referred to therein as "Opioid Funds")resulting from the settlement of opioid litigation. The One WA MOU provides that Opioid Funds are to be allocated within allocation regions,referred to therein as "Allocation Regions").The Parties are all within the Cascade Pacific Action Alliance Region. C. The One WA MOU provides that each Allocation Region must have an Opioid Abatement Council("OAC").whose composition and responsibilities shall be defined by Regional Agreement or as set forth in Section CA of the One WA MOU. D. The Participating Local Governments in the Cascade Pacific Action Alliance Region established an OAC by executing the"Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments (the "Regional Agreement"). attached herein as Exhibit B and incorporated herein byreference. E. The Regional Agreement provides that the Cascade Pacific Action Alliance Region's OAC is comprised of independent subcommittees. with the independent subcommittee of the Parties herein being the "Mason County and Cities Independent Subcommittee." Section 8 of the Regional Agreement provides that each independent subcommittee is responsible for the specific functional duties of the OAC. F. This Agreement constitutes the agreement between the Parties as to how the OAC duties of the Mason County and Cities Independent Subcommittee are to be performed, consistent with the One WA MOU and Regional Agreement. AGREEMENT I. Incorporation of Recitals.The foregoing Recitals A through F are incorporated herein by reference as substantive provisions of this Agreement. 2. Mason County and Cities Council. The Parties agree that the Regional Agreement sets forth specific OAC administrative tasks for each independent subcommittee. The Parties also agree that Section C(4)(h) of the One WA MOU provides that the OAC "shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region," and that the "method of selecting members, and the terms for which they will serve" will be determined by the Participating Local Governments. Accordingly, the Parties agree that each Participating Local Government within the Mason County and Cities Independent Subcommittee will appoint one representative to serve on the "Mason County and Cities Council." The term for each member of the Thurston County and Cities Council will be three (3)years, and terms may be successive with no term limits. 3. Administrative Duties. The administrative duties of the Mason County and Cities Independent Subcommittee will be performed as follows: a. At least annually,the Mason County and Cities Council will convene to review and fulfill oversight obligations regarding the distribution of Opioid Funds from Participating Local Governments to programs and services within the territories of the Parties. b. At least annually, the Mason County and Cities Council will convene to review the Parties- expenditure reports for compliance with the Approved Purposes listed in the One WA MOU and any opioid settlement. c. The Parties will make all their decisions on Opioid Fund allocation applications, distributions, and expenditures publicly available. Mason County will compile or link the Parties' information on a single webpage. d. The Parties will all make expenditure data publicly available, at least on an annual basis. Mason County will develop and maintain a centralized public dashboard or other repository for the publication of the Parties' expenditure data on the Mason County website and update it at least annually. e. Hearing complaints by the Parties regarding alleged failure to (1) use Opioid Funds for Approved Purposes, or (2) comply with reporting requirements will be handled as follows: i. Each Party will maintain its own internal complaint process and hear complaints internally, with an opportunity to correct any complaint. ii. If the Party is unable to resolve the complaint through its own internal complaint process, the Mason County and Cities Council will convene to hear the complaint, and the Party will have an opportunity to present its position on the complaint through written and oral argument. If the Mason County and Cities Council concludes that the Party did not comply with the Approved Purposes from the One WA MOU or that the Party otherwise misused its allocation of Opioid Funds, the Mason County and Cities Council may take any remedial action consistent with the terms of the One WA MOU. 4. Public Records; Records Maintenance and Audits.Each Party is responsible for its own compliance with the Public Records Act, Chapter 42.56 RCW, in connection with this Agreement. The Parties agree to cooperate with each other to the extent necessary for any Party to comply with the Public Records Act. That said, no Party is required to coordinate its response to a public records request with another Party or forward a public records request to another Party to the extent the Party believes a public records request was misdirected to it. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5)years and such records shall be available for review by the Parties to this Agreement. government oversight authorities, and the public. 5. Autonomy of Local Governments. The Parties herein retain full control, autonomy, and discretion over the use and distribution of their allocation of Opioid Funds,provided the Opioid Funds are used for purposes consistent with this Agreement, the Regional Agreement, and the One Washington MOU. This Agreement does not create a joint budget or establish joint acquisition of property by the Parties. 6. Administrative Costs. Pursuant to Section C(4)(b) of the One WA MOU, ten percent (10%) of Opioid Funds received by all of the Participating Local Governments will be reserved, on an annual basis, for administrative costs related to the OAC. Under the Regional Agreement, the independent subcommittees of the Cascade Pacific Action Alliance Region OAC are required to provide an annual budget and accounting for actual costs and will be reimbursed for those costs from the independent subcommittee's proportionate share of Opioid Funds. provided the reasonable administrative costs shall not exceed actual costs or 10%,whichever is less. The Parties agree to separately and individually create an annual budget and document their administrative costs related to performing their obligations related to the OAC and this Agreement, and to provide the budget and administrative cost documentation to the Thurston County and Cities Council at least annually. The Parties understand and agree they will be reimbursed for those costs from their proportionate share of Opioid Funds. 7. Mutual Indemnity. To the extent of its comparative liability, each Party agrees to indemnify, defend and hold the other Party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. In the event of any concurrent act or omission of the Parties, each Party shall pay its proportionate share of any damages awarded. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages. if any, are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs. they shall submit apportionment to binding arbitration. 8. Survival of Indemnity Obligations. The Parties agree all indemnity obligations shall survive the completion or expiration of this Agreement. 9. Compliance with Laws. The Parties and their officials. officers. employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. 10. Relationship of the Parties. The Parties'relationship exists solely for the limited purposes outlined in the Regional Agreement and the One WA MOU for receiving Opioid Funds. This Agreement, and the Parties' activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency. or employment relationship between the Parties. 11. No Third-Party Rights.This Agreement is entered into by the Parties solely for their own benefit and it creates or grants no rights of any kind to any other party. 12. Waiver.No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by all Parties. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach. 13. Amendment.This Agreement can only be amended in writing, and only upon execution by all Parties. 14. Entire Agreement. The Parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded. 15. Headings.The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions. 16. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision. provided that the underlying intent of the Parties can still be given effect. 17. Signature Authority. Each person signing this Agreement on behalf of a Party warrants that he or she has full authority to sign this Agreement on that Party's behalf. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the otherparty. 19. Exhibits.The following exhibits are incorporated into this Agreement by reference. i. Exhibit A- One Washington Memorandum of Understanding Between Washington Municipalities" ("One WA MOU") 11. Exhibit B-Regional Agreement of the Cascade Pacific Action Alliance Region Participating Local Governments (the "Regional Agreement") REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW , I CITY OF SHELTON BY: DATE: Mark Ziegler, City Manager ATTEST: DATE: Clerk of the Board BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON BY: DATE: SHARON TRASK, CHAIR ATTEST: DATE: Clerk of the Board C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: August 29,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Rural Communities Opioid Response Program Amendment—Olympic Health&Recovery Services Background/Executive Summary: Mason County was granted a no cost extension through December 31,2023 for the Rural Communities Opioid Response Program(RCORP). Of the remaining budget, $97,338 has been reallocated to Olympic Health and Recovery Services (OHRS)for the continuation of services within Mason County Jail, including substance use disorder screenings and assessments,peer recovery services,help creating treatment plans, and connecting individuals with wraparound re-entry services and case management upon release. Budget Impact(amount, funding source,budget amendment): HRSA RCORP Grant reallocation of$97,338 to OHRS Public Outreach (news release,community meeting, etc.): None Requested Action: Approval of amendment Attachments OHRS RCORP 21-062 Amendment#2 Contract Between Mason County Department of Health Services and Olympic Health and Recovery Services Professional Services Contract#21-062 Amendment # 2 The purpose of this amendment is to extend the contract term and increase the Year 3 funding allocation. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: I. AMENDMENT TERM: August 1, 2023 —December 31, 2023 II. TOTAL ADDITIONAL AWARD: $97,338 Current Amount Amended Amount Total New Budget Personnel: $140,886 $37,548 $178,434 Fringe Benefits: $47,676 $43,745 $91,421 Supplies: $1,000 $-1,000 $0 Other: $9,323 $10,677 $20,000 Indirect: $13,922 $6,368 $20,290 TOTAL: $212,807 $97,338 $310,145 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2023. CONTRACTOR MASON COUNTY COMISSIONERS Joe Avalos, Administrator Sharon Trask, Commissioner Chair Olympic Health and Recovery Services Mason County Board of Commissioners 1 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 6/12/23,7/17/23,8/21/23 Agenda Date: 8/29/23 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• FY24 Emergency Housing Fund Agency Subcontracts Background/Executive Summary: The Department of Commerce has allocated$884,950 in Emergency Housing Funds (EHF)to Mason County for the 2024 fiscal year;the Board approved this contract on the 7/18 action agenda. The purpose of these funds is to maintain current levels of homeless subsidies and emergency housing capacity from sun-setting funds and will be allocated for continuation of Shelton Family Center's Permanent Housing: Centralized Rapid Rehousing and Emergency Shelter Programs and Crossroads Housing's Permanent Housing: Centralized Rapid Rehousing,Emergency Shelter,and Street Outreach programs. Budget Impact(amount, funding source,budget amendment): $288,410 from state grant pass through to Shelton Family Center $398,969 from state grant pass through to Crossroads Housing Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of FY24 Emergency Housing Fund subcontracts with Shelton Family Center and Crossroads Housing Attachments FY24 EHF Crossroads Housing Contract FY24 EHF Shelton Family Center Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT#SFC FY24. Emergency Housing Fond This CONTRACT Is made and entered into by:and between Mason:County, hereinafter referred to as"COUNTY"'and Shelton Family Center hereinafter referred to as "CONTRACTOR." Contracted Entity Shelton Family Center(dba Siieiton Youth Connection Address PO Box 2341 / 123 S.20, Sf City State, Zip Code Shelton WA.98684 Phone 360.463.6972 Primary Contact: Name Title Susan Kirchoff, Executive Director Primary Contact: E-mail s an shelto amll enter.or Washington State UBI# 604 211 636 Federal EIN 82.3876497 Total Award/Contract Value $288,410 Contract Term July 1,2023-J.une 30 2024 COUNTY and CONTRACTOR, as defined`above, acknowledge,and accept the terms of this contract and EXHIBITS and.lave executed this conteaoton 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 any [Special Conditions, General Terms and Conditions, Exhibits, etc]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON'COUNTYy WASHINGTON ency as ne Sharon Tra§k, Chair uthorized gnatur DDate. ��� Sqrl A, APPROVED AS TO FORM: Print Name &Title Date Tim Wh tehead;Chi f DPA Professional Services Contract(rev 06/2023) Rage 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form, if new to contracting with Mason County b. Certificate of Insurance (see requirements Exhibit B) c. Exhibit D CHG Attestation d. Exhibit E Attestation of Debarment and Suspension e. Contract Orientation: Attendance at orientation is mandatory. Prior approval and make-up arrangement are necessary if unable to attend an orientation meeting. Funding Source: Department of Commerce Emergency Housing Fund (coronavirus state fiscal recovery funds) General Terms and Conditions ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: 05/14/2021 Federal Award Identification Number (FAIN): SLFRF0002 Total amount of the federal award: $55,500,000 Awarding official: U.S. Department of Treasury Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in American Rescue Plan Act of 2021, Coronavirus State Fiscal Recovery Fund. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Coronavirus State Fiscal Recovery Fund thru the Washington State Department of Commerce." Professional Services Contract (rev 06/2023) Page 2 Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in "Exhibit C Budget" before the end of the CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as identified in "Exhibit A Scope of Services." No material, labor or facilities will be furnished by COUNTY unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the Department of Commerce Grant Guidelines that may not be specified in "Exhibit A Scope of Services." The COUNTY must give written approval before any expenses are incurred and considered allowable costs for reimbursement to this 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. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 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. Certification Regarding Debarment, Suspension, Eligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transaction: A. The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this CERTIFICATION been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; Professional Services Contract (rev 06/2023) Page 3 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with the commission of any of the offenses enumerated in paragraph A.2. of this certification; and 4. Have not within a three-year period preceding this CERTIFICATION had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the Grantee is unable to certify any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by singing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person is debarred, suspended, declared ineligible, or voluntarily excluded from participating in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such grantee shall attach an explanation to this grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal and voluntary excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 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 Professional Services Contract (rev 06/2023) Page 4 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 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. 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. 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 at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Reimbursement of allowable costs 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 actually 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, so as 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 Professional Services Contract (rev 06/2023) Page 5 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 receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit C. Fraud and Other Loss Reporting: Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. CONTRACTOR shall follow all reporting requirements related to the fraudulent event. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. CONTRACTOR must submit invoices in accordance with the "Invoicing and Reporting Requirements" as outlined in the Mason County Housing Crisis Response Written Standards" and Exhibit C of this contract. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. 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 Professional Services Contract (rev 06/2023) Page 6 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. 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. 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. All SUBCONTRACTORS, including By and For Organizations, are bound to all contracts between COMMERCE and the COUNTY and must show that the Commerce contract has been passed down. 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 the COUNTY shall be made with sufficient specificity to enable the 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 Professional Services Contract (rev 06/2023) Page 7 I veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the 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 ensure 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. Work Product: CONTRACTOR will provide COUNTY with all work products including; plans, and data reports, prior to the release of the final payment for services. 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. Professional Services Contract (rev 06/2023) Page 8 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 confidential 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 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 Professional Services Contract (rev 06/2023) Page 9 it 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 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. Professional Services Contract (rev 06/2023) Page 10 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. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Public Health & Human 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: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: mcasey(uDmasoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb aRmasoncountywa.gov Professional Services Contract (rev 06/2023) Page 11 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. 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 Service and Exhibit C Budget. 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: 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 Professional Services Contract (rev 06/2023) Page 12 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 C Budget. 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 Professional Services Contract (rev 06/2023) Page 13 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. 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. Seat Belt Use Policies and Programs (Apr 2005): In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the- job seat belt use policies and programs for its employees when operating company- owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or Professional Services Contract (rev 06/2023) Page 14 organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user-friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1- 888-221-0045 or visit its Web site at www.trafficsafety.org. Encouraging CONTRACTOR Policies to Ban Text Messaging While Driving (June 2020): (a) Definitions. As used in this clause- "Driving"— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic devices, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. Order of Precedence: Professional Services Contract (rev 06/2023) Page 15 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. Funding source agreement(s) including attachments C. Special Conditions D. General Terms and Conditions E. Exhibit B, Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Consolidated Homeless Grant Guidelines 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. Contract Close-Out: In the event a CONTRACTOR is delinquent on final contract close-out invoicing and/or reporting, and they have been re-funded whether it is the same or a different program, the current contract will start in probation status under the Non-Compliance Corrective Action Steps. Under this condition, any missed deliverable or act of non-performance can lead to early termination. CONTRACTOR has until July 31 to close out previous contract by submitting all invoices and reports to a satisfactory level. COUNTY is not obligated for payment beyond this period. If funding has been awarded for the next grant term and there are outstanding invoices or reports that are not cleared to a complete and satisfactory level by July 31, the CONTRACTOR will start the new contract term in Probation Status. Professional Services Contract (rev 06/2023) Page 16 EXHIBIT A SCOPE OF SERVICES Allowable Activities and Expenses Grantee will utilize the Emergency Housing Fund grant to maintain current levels of homeless subsidies and emergency housing services for the following programs listed: 1. Permanent Housing: Centralized Rapid Rehousing for young adults under the age of 25 2. Emergency Shelter: Off-site emergency shelter for young adults under the age of 25 Allowable activities and expenses follow the Consolidated Homeless Grant (CHG)/System Demonstration Grant (SDG) guidelines. Allowable activities are restricted to "emergency housing" activities, to include street outreach, diversion, emergency shelter including hotel/motel leasing, sanctioned encampments, transitional housing, rapid re-housing, housing search and placement, and housing stability case management. The following project types will at least maintain the original capacity and project interventions as a continuation of ESG-CV: 6 units of temporary off-site shelters and Rapid-Rehousing. Household eligibility requirements also follow the CHG/SDG guidelines. Invoicing Grantees must provide adequate back up documentation to support costs on each reimbursement request, to include: 1. General ledger from financial accounting system with transaction and expenditure dates on allowable activities within period of performance, and Dept. of Commerce voucher detail form. 2. If lead grantee has sub recipients, also submit their general ledgers with transaction and expenditure dates on allowable activities within period of performance. 3. For rental assistance and flexible fund payments, backup documentation should include a client name to tie the transaction to the payee or recipient. In addition, at the time of contracting, grantee must submit a copy of letter of approved indirect rate or cost allocation plan for all federally funded programs, if billing for the recovery of indirect costs. Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. Professional Services Contract (rev 06/2023) Page 17 I I • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: ■ Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. o According to the 2023 HIC and PIT Data Collection Notice, RRH is permanent housing and, therefore, individuals and families who are enrolled in RRH and residing in permanent housing on the night of the PIT count are not included in the sheltered count. However, homeless households currently residing on the street, in an emergency shelter, transitional housing, or Safe Haven, but who are also enrolled in an RRH project and awaiting housing placement, should be counted based on where they resided on the night of the count. For example, a person residing in an emergency shelter and being assisted by an RRH project to obtain housing must be counted in the sheltered PIT count for the emergency shelter. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards, Washington State Coordinated Entry Guidelines, and Consolidated Homeless Grant Guidelines. Program: Permanent Housing, Centralized Rapid Rehousing Program This program aims to bring households from homelessness into permanent housing by providing move-in assistance, up to two years of rent subsidies and housing focused case management to maintain housing when the subsidy ends. This funding is to focus on the highest vulnerable index and must serve for longer periods of time with case Professional Services Contract (rev 06/2023) Page 18 management services to achieve housing stability. Shelton Family Center uses a client- centered case management approach that focuses on assisting clients to overcome any barriers that led to homelessness to ensure reentrance into the crisis response system does not occur. Program Expectations: 1. Refer to the Mason County Written Standards and Consolidated Homeless Grant Guidelines for more information. 2. Master Leasing in Rapid Rehousing: a. Shelton Family Center agrees to provide the addresses of all master lease units. b. The lease is transitioned from the agency to the tenant (so the tenant has a lease with the landlord)when the tenant achieves housing stability and is exited from the RRH program. c. The agency continues to sublease the tenant and the tenant makes payments to the agency. The lease should be for a longer term such as one year and with the intent for an on-going, permanent housing situation. d. The subcontractor's P&P must specify if the project is "Tenant-Based" or "Project-Based" and have criteria for specified. e. This program is intended for long-term subsidies and case management. This can be a continuation of ESG-CV RRH program to keep individuals housed for longer. Funded Activities for the Centralized Rapid Rehousing Program: Funding for this program is applied to direct client services (move in assistance, rental assistance for permanent housing, or up to two-years of rent subsidies) and operating (case management) costs as allowable in the CHG Guidelines. Funds may not be used for temporary housing interventions (e.g., Transitional Housing and Emergency Shelter). Program: Emergency Shelter Shelton Family Center operates continuous stay shelter programs for transitional aged youth experiencing homelessness. The off-site shelters are operated as group living style homes, with each family having a private bedroom and shared kitchen, Livingroom, and bathrooms. The goal is to move households forward to transitional housing, rapid rehousing, or permanent housing within 90 days. This is a goal not a rule that is driven by the client's participation in case management efforts. The case management team utilizes the progressive engagement approach to make a custom care plan that recognizes each client's strength and needs assisting the client in overcoming barriers to housing independence. Funded Activities for Offsite Emergency Shelter(s): Professional Services Contract (rev 06/2023) Page 19 • This funding supports the Administration, Facility Supports, and Operations of the 6 units off-site emergency shelter. Expectations for Emergency Shelters: • Exit to permanent housing rate of 50% • Follow Centers for Disease Control and Washington Department of Health's guidelines for operating emergency shelters. • Develop and implement a hazardous weather response plan with the ability respond to community needs during periods of extremely hot or cold weather or severe poor air quality due to wildfire smoke. • Operate a notification system for key community partners on bed availability, referral process and provides adequate resources and assistance to individuals that are unable to stay when the shelter is at maximum occupancy capacity. Follow low-barrier best practices. Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have work or volunteer requirements. Households are not terminated from the project for the following reasons: Failure to participate in supportive services or treatment programs, failure to make progress on a housing stability plan and/or alcohol and/or substance use in and of itself is not considered a reason for termination. o Emergency shelters shall not have excessive rules that become barriers for unsheltered persons or households to stay in the shelter. o Emergency shelters shall not have excessive rules that exit a person or household to homelessness. • Policies and Procedures that demonstrate the following: o Check-in process that includes a reasonable check-in time and accounts for households that may be late or unable to make a predetermined time. o The protocol when maximum capacity is reached and the procedures to assist households in finding other shelter options. o Protocols for emergency situations when employees are present and, if different, during hours when employees are not present. o The process for shelter stayers to exit each day and includes length of time. o Exhibits Racial Equity: How the demographics of shelter stayers are similar to the demographics for persons experiencing homelessness (i.e. compared to the demographics found during outreach and/or the PIT Count). • Low barrier shelters o All homeless housing projects adhere to state and federal anti- discrimination laws: ■ All projects ensure equal access for people experiencing homelessness regardless of race, national origin, gender identity, sexual orientation, marital status, age, veteran or military status, disability, or the use of an assistance animal. Professional Services Contract (rev 06/2023) Page 20 ■ Projects designed to serve families with children experiencing homelessness ensure equal access regardless of family composition and regardless of age of a minor child. ■ Projects that operate gender segregated facilities allow the use of facilities consistent with the person's gender expression or identity. o At minimum, homeless households are not screened out based the following criteria: • Having too little income or no income ■ Having poor credit or financial history • Having poor or lack of rental history ■ Having involvement with the criminal justice system • Having active or history of alcohol and/or substance abuse use • Having been impacted or affected by a crime. ■ The type or extent of disability-related services or supports that are needed. ■ Lacking ID or proof of U.S. Residency Status ■ Other behaviors that are perceived as indicating a lack of"housing readiness, "including resistance to receiving services. o Households are not terminated from the project for the following reasons: • Failure to participate in supportive services or treatment programs. ■ Failure to make progress on a housing stability plan. • Alcohol and/or substance use in and of itself is not considered a reason for termination. • Households residing in emergency shelters must not be exited to homelessness due to reaching a maximum stay limit. o If household is terminated from a low barrier project due to violating rules focused on maintain a safe environment, there must be a process in place for the household to be considered for reenrollment if the household demonstrates unsafe behavior is unlikely to re-occur(i.e engaged in new treatment plan, mental health services, medical care, etc.) Spenddown of Emergency Solutions Grant COVID- 19 • Subcontractor must spenddown all funding for Emergency Solutions Grant COVID-19 (ESG-CV) prior to spending Emergency Housing Funds. Reporting for All Programs: Submit the following monthly deliverables no later than the 15th of each month: • Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. o Final invoices for a state fiscal year maybe due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Professional Services Contract (rev 06/2023) Page 21 o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s): o Referral report for all programs with case management: Diversion/CE/Care Coordination, Emergency Shelter, and Permanent Housing o HUD 225 Data Quality Report (PDF format preferred) — provide a separate report for each program operated in HMIS. o Program OUTS 101 for emergency shelters, permanent supportive, rapid rehousing, and transitional housing programs o Rapid Re-housing monthly enrollment report • Quarterly Performance Report— required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 06/2023) Page 22 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, 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 five (5) 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. Professional Services Contract (rev 06/2023) Page 23 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. 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. Professional Services Contract (rev 06/2023) Page 24 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 06/2023) Page 25 EXHIBIT C BUDGET Permanent Housing Fund Source Annual Rent Emergency Housing Grant $115,000 Operations Emergency Housing Grant $50,000 Offsite ES Fund Source Annual Admin Emergency Housing Grant $13,410 Facility Supports Emergency Housing Grant $65,000 Operations Emergency Housing Grant $45,000 Total Emergency Housing $288,410 Grant Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 95th of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. Professional Services Contract (rev 06/2023) Page 26 e. All "pooled" costs are considered "Administration" unless approved by the COUNTY. f. Reimbursement in one fiscal year may not exceed the approved annual budget. If annual budgeted funds are expended prior to the end of the first fiscal, no additional reimbursements will be approved for that fiscal year, and programs/services are expected to continue. Any unspent funds will be rolled into the next fiscal year. g. CONTRACTOR must retain all backup documentation including policies and procedures on how employee time is tracked to grants, and how holiday and overtime pay is calculated. h. Invoices must be easy to read with program expenses clearly organized and labeled. Arrange the backup documentation in the order items appear on the invoice. i. If invoice has significant increase or decrease in totals, include budget narrative in the email submission to explain the change when invoice is submitted. j. If you make an error in any previous months or overpayments or underpayments, reach out to the COUNTY to determine the next steps. k. If uncertain if expense is allowable, reach out to the COUNTY. I. Budget Adjustments/Revisions: Budget adjustments/revisions are when money is moved from one budget category to another. All budget revision requests must use the Contract Budget Transfer Request Form. Budget revisions are allowable up to once per quarter. CHG Contracts will require Commerce approval and follow CHG Guidelines. m. Financial Contract Amendments: Contract amendments will be issued when there is a change in the total contract award. Amendments are also required in CHG contracts when the total budget adjustment or sequential adjustments exceed(s) 10% of the award. n. Submit monthly invoices electronically to Todd Parker, (tparker(a-masoncountvwa.gov) and Haley Foelsch (haley@masoncountywa.gov). The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • The name of the agency, ■ Date submitted, • Dates of service (e.g. report period), • Contract number, ■ Invoice number • Name of funding source, • Reimbursement request per funding source, ■ Salary and benefits separated out, • Total hours worked by employees for the pay period. Show all time worked by fund source. ■ General Ledgers or backup documentation which includes expenses broken out by category. They cannot include client names or identifying information; it is acceptable to use HMIS numbers. When rental and/or utility assistance payments are made, the landlords name is allowable. Professional Services Contract (rev 06/2023) Page 27 ■ Backup Documentation: Submit a copy of source documentation for the expenditures invoiced under the budget categories listed above. This should include copies of checks to vendors, receipts for purchases, as well as time sheets for staff and other documentation that supports the expenditures and allow us to link staff time to the charges invoiced. ■ Accounting System Report: Submit a report that recaps the source documentation from your accounting system that lists grant expenditures by program/funding source, object, date, payee name, description (if available) and amount. These reports are variously called "Expanded General Ledger," "Detail Trial Balance," and/or "Statement of Revenue and Expenditures." You may refer to it by another name. The report needs to provide enough detail so that we can link each source document to the accounting system report. Each line item must be color-coded in a separate color with a highlighter and linked to the respective backup documentation using the same color(there should be multiple colors for multiple line items). This allows for quick verification of charges. The reviewers need to be able to see how the amount requested on an invoice matches the backup documentation. • All Flexible Fund (CHG 6.3.3) expenses must be pre-approved. ■ Voucher detail worksheets, if required by the grant, ■ Spenddown sheet matching the voucher detail worksheet, ■ Any HMIS reports required by the grant, • Total reimbursement request for each funding source, and ■ Signature from the Executive Director, CEO, and/or Board Member. ■ Submitted by the Executive Director. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 28 EXHIBIT D CHG ATTESTATION I do hereby certify that to the best of my knowledge, the following is true, accurate and complete: All contractors including by and for organization attest that all are bounded to all contracts including contracts between the Department of Commerce and Mason County Public Health, and Human Services, and/or any subrecipients. I have reviewed all pass through contract language, have received copies, and agree to be bounded to these terms. I have read all guidelines specific to the fund source receiving funding for, Mason County's written standards, and policies set forth by the Department of Commerce and Mason County Public Health and Human Services and agree to follow. Name (printed) Name (signature) Title Agency Date Professional Services Contract (rev 06/2023) Page 29 EXHIBIT E ATTESTATION OF DEBARMENT AND SUSPENSION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS A. The contractor certifies to the best of its knowledge and belief, that is and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this CERTIFICATION been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contact under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph A.2 of this certification; and 4) Have not within a three-year period preceding this CERTIFICATION had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this CONTRACT. C. This certification expires on January 1 of each year. Name of Entity: SIGNATURE OF AUTHORIZED SIGNING TITLE OFFICIAL PLEASE PRINT OR TYPE NAME DATE Professional Services Contract (rev 06/2023) Page 30 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT #CH FY24. Emergency Housing Fund This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Crossroads Housing, hereinafter referred to as "CONTRACTOR." Contracted Entity Crossroads Housing Address 71 Sar ison Loop/ PO Box 1777 City, State, Zip Code Shelton, WA 98584 Phone 360-427-6919 Primary Contact: Name, Title Tana Frazier: Executive Director Primary Contact: E-mail tfrazier hcc.net Washington State UBI# 601399556 Federal EIN 91-1569401 Total Award/Contract Value $398,969 Contract Term July 1, 2023 — June 30, 2024 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 any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Sharon Trask, Chair Auth ed Signature Date 2. z APPROVED AS TO FORM: Print Name & Title Date( ead, Chief DPA Professional Services Contract (rev 06/2023) Pagel 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 the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form, if new to contracting with Mason County b. Certificate of Insurance (see requirements Exhibit B) c. Exhibit D CHG Attestation d. Exhibit E Attestation of Debarment and Suspension e. Contract Orientation: Attendance at orientation is mandatory. Prior approval and make-up arrangement are necessary if unable to attend an orientation meeting. Funding Source: Department of Commerce Emergency Housing Fund (coronavirus state fiscal recovery funds) General Terms and Conditions ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: 05/14/2021 Federal Award Identification Number (FAIN): SLFRF0002 Total amount of the federal award: $55,500,000 Awarding official: U.S. Department of Treasury Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in American Rescue Plan Act of 2021, Coronavirus State Fiscal Recovery Fund. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Coronavirus State Fiscal Recovery Fund thru the Washington State Department of Commerce." Professional Services Contract (rev 06/2023) Page 2 Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in "Exhibit C Budget" before the end of the CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as identified in "Exhibit A Scope of Services." No material, labor or facilities will be furnished by COUNTY unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the Department of Commerce Grant Guidelines that may not be specified in "Exhibit A Scope of Services." The COUNTY must give written approval before any expenses are incurred and considered allowable costs for reimbursement to this 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. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 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. Certification Regarding Debarment, Suspension, Eligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transaction: A. The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: 1 . Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this CERTIFICATION been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; Professional Services Contract (rev 06/2023) Page 3 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with the commission of any of the offenses enumerated in paragraph A.2. of this certification; and 4. Have not within a three-year period preceding this CERTIFICATION had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the Grantee is unable to certify any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by singing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person is debarred, suspended, declared ineligible, or voluntarily excluded from participating in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such grantee shall attach an explanation to this grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal and voluntary excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 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 Professional Services Contract (rev 06/2023) Page 4 I 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 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. 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. 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 at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Reimbursement of allowable costs 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 actually 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, so as 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 Professional Services Contract (rev 06/2023) Page 5 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 receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit C. Fraud and Other Loss Reporting: Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. CONTRACTOR shall follow all reporting requirements related to the fraudulent event. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. CONTRACTOR must submit invoices in accordance with the "Invoicing and Reporting Requirements" as outlined in the Mason County Housing Crisis Response Written Standards" and Exhibit C of this contract. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. 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 Professional Services Contract (rev 06/2023) Page 6 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. 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. 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. All SUBCONTRACTORS, including By and For Organizations, are bound to all contracts between COMMERCE and the COUNTY and must show that the Commerce contract has been passed down. 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 the COUNTY shall be made with sufficient specificity to enable the 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 Professional Services Contract (rev 06/2023) Page 7 veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the 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 ensure 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. Work Product: CONTRACTOR will provide COUNTY with all work products including; plans, and data reports, prior to the release of the final payment for services. 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. Professional Services Contract (rev 06/2023) Page 8 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 confidential 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 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 Professional Services Contract (rev 06/2023) Page 9 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 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. Professional Services Contract (rev 06/2023) Page 10 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. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Public Health & Human 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: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: mcasey(a)masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseybamasoncountywa.gov Professional Services Contract (rev 06/2023) Page 11 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. 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 Service and Exhibit C Budget. 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: 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 Professional Services Contract (rev 06/2023) Page 12 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 C Budget. 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 Professional Services Contract (rev 06/2023) Page 13 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. 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. Seat Belt Use Policies and Programs (Apr 2005): In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the- job seat belt use policies and programs for its employees when operating company- owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or Professional Services Contract (rev 06/2023) Page 14 organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user-friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1- 888-221-0045 or visit its Web site at www.trafficsafety.org. Encouraging CONTRACTOR Policies to Ban Text Messaging While Driving (June 2020): (a) Definitions. As used in this clause- "Driving"— (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic devices, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. Professional Services Contract (rev 06/2023) Page 15 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. Funding source agreement(s) including attachments C. Special Conditions D. General Terms and Conditions E. Exhibit B, Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget H. Consolidated Homeless Grant Guidelines 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. Contract Close-Out: In the event a CONTRACTOR is delinquent on final contract close-out invoicing and/or reporting, and they have been re-funded whether it is the same or a different program, the current contract will start in probation status under the Non-Compliance Corrective Action Steps. Under this condition, any missed deliverable or act of non-performance can lead to early termination. CONTRACTOR has until July 31 to close out previous contract by submitting all invoices and reports to a satisfactory level. COUNTY is not obligated for payment beyond this period. If funding has been awarded for the next grant term and there are outstanding invoices or reports that are not cleared to a complete and satisfactory level by July 31, the CONTRACTOR will start the new contract term in Probation Status. Professional Services Contract (rev 06/2023) Page 16 EXHIBIT A SCOPE OF SERVICES Allowable Activities and Expenses Grantee will utilize the Emergency Housing Fund grant to maintain current levels of homeless subsidies and emergency housing services for the programs listed below: 1. Street Outreach connected to the Diversion/Coordinated Entry/Care Coordination Program. 2. Permanent Housing: Centralized Rapid Rehousing 3. Emergency Shelter: Off-site emergency shelter Allowable activities and expenses follow the Consolidated Homeless Grant (CHG)/System Demonstration Grant (SDG) guidelines. Allowable activities are restricted to "emergency housing" activities, to include street outreach, diversion, emergency shelter including hotel/motel leasing, sanctioned encampments, transitional housing, rapid re-housing, housing search and placement, and housing stability case management. The following project types will at least maintain the original capacity and project intervention as a continuation of ESG-CV: 9 units of temporary off-site shelters, rapid rehousing, and street outreach. Household eligibility requirements also follow the CHG/SDG guidelines. Invoicing Grantees must provide adequate back up documentation to support costs on each reimbursement request, to include: 1. General ledger from financial accounting system with transaction and expenditure dates on allowable activities within period of performance, and Dept. of Commerce voucher detail form. 2. If lead grantee has sub recipients, also submit their general ledgers with transaction and expenditure dates on allowable activities within period of performance. 3. For rental assistance and flexible fund payments, backup documentation should include a client name to tie the transaction to the payee or recipient. In addition, at the time of contracting, grantee must submit a copy of letter of approved indirect rate or cost allocation plan for all federally funded programs, if billing for the recovery of indirect costs. Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. Professional Services Contract (rev 06/2023) Page 17 • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: ■ Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. ■ Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. o According to the 2023 HIC and PIT Data Collection Notice, RRH is permanent housing and, therefore, individuals and families who are enrolled in RRH and residing in permanent housing on the night of the PIT count are not included in the sheltered count. However, homeless households currently residing on the street, in an emergency shelter, transitional housing, or Safe Haven, but who are also enrolled in an RRH project and awaiting housing placement, should be counted based on where they resided on the night of the count. For example, a person residing in an emergency shelter and being assisted by an RRH project to obtain housing must be counted in the sheltered PIT count for the emergency shelter. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards, Washington State Coordinated Entry Guidelines, and Consolidated Homeless Grant Guidelines. Program: Street Outreach Funding is awarded to implement a Street Outreach Program that engages people experiencing homelessness who are otherwise not accessing services for the purpose of connecting them with emergency shelter, housing, or other critical services. Street outreach efforts should be connected to the subcontractors coordinated entry efforts. Street Outreach projects funded by CHG must be linked to CE by either performing mobile CE process services (e.g. assessment) or by providing referrals to CE. Professional Services Contract (rev 06/2023) Page 18 It is recommended that all street outreach staff complete SSI/SSDI Outreach, Access, and Recovery (SOAR)training. This can be complete through Substance Abuse and Mental Health Services Administration at: httos://www.samhsa.gov/soar Funded Activities for Street Outreach: • Activities for street outreach must be linked to CE by performing mobile CE process services (e.g assessment) or providing referrals to CE. Additional costs needed to update, enhance, and operate the applicable centralized or coordinated assessment system under 24 CFR 576.400 (d). • Engagement efforts: Activities to locate, identify, and build relationships with unsheltered homeless people for the purpose of providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs. • Emergency Health Services: Direct outpatient treatment of medical conditions by licensed medical professionals in community-based settings (e.g. streets, parks, or campgrounds) to those eligible participants for whom other appropriate health services are inaccessible or unavailable within the area. • Emergency Mental Health Services: Direct outpatient treatment of mental health conditions by licensed professional in community-based setting (e.g street, parks, and campgrounds) to those eligible participants for whom other appropriate health services are inaccessible or unavailable within the area. • Transportation: The transportation costs of travel by outreach workers, social workers, medical professionals, or other services providers are eligible, provided that this travel takes place during provision of services eligible under this section. The costs of transporting unsheltered people to emergency shelters or other service facilities are also eligible. These costs include: The cost of a program participant's travel on public transportation, mileage allowance for service workers to visit program participants, and the travel costs of recipient or subrecipient staff to accompany or assist program participants to use public transportation. Vehicle purchase for transporting participants or staff serving participants to services and the cost of gas, insurance, taxes, and maintenance for the vehicle. • Services to Special Populations: Otherwise, eligible Essential Services, as listed above, that have been tailored to address the special needs of homeless youth, victims of domestic violence and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless. • Cell phones may be loaned to program participants and the wireless service cost may be paid as needed to enable program participants to participate in activities necessary to obtain or maintain housing. Professional Services Contract (rev 06/2023) Page 19 I, Program: Permanent Housing, Centralized Rapid Rehousing Program This program aims to bring households from homelessness into permanent housing by providing move-in assistance, up to two years of rent subsidies and housing focused case management to maintain housing when the subsidy ends. This funding is to focus on the highest vulnerable index and must serve for longer periods of time with case management services to achieve housing stability. Crossroads uses a client-centered case management approach that focuses on assisting clients to overcome any barriers that led to homelessness to ensure reentrance into the crisis response system does not occur. All program admittance must go through Coordinated Entry. The program prioritizes client caseload based on the Mason County Vulnerability scoring system, aiding the most vulnerable with no targeted subpopulation. This program is intended for long-term subsidies and case management. This can be a continuation of ESG-CV RRH program to keep individuals housed for longer. Program Expectations: 1. Refer to the Mason County Written Standards and Consolidated Homeless Grant Guidelines for more information. 2. Master Leasing in Rapid Rehousing: a. Crossroads agrees to provide the addresses of all master lease units. b. The lease is transitioned from the agency to the tenant (so the tenant has a lease with the landlord) when the tenant achieves housing stability and is exited from the RRH program. c. The agency continues to sublease the tenant and the tenant makes payments to the agency. The lease should be for a longer term such as one year and with the intent for an on-going, permanent housing situation. d. The subcontractors P&P must specify if the project is "Tenant-Based" or "Project-Based" and have criteria for specified. Funded Activities for the Centralized Rapid Rehousing Program: Funding for this program is applied to direct client services (move in assistance, rental assistance for permanent housing, or up to two-years of rent subsidies) and operating (case management) costs as allowable in the CHG Guidelines. Funds may not be used for temporary housing interventions (e.g., Transitional Housing and Emergency Shelter). The purpose of these Emergency Housing Funds is to serve the most vulnerable households that may need longer rental subsidies and case management assistance to achieve housing stability. Funded Activities for Off-Site Emergency Shelter(s): • This funding supports the Administration, Facility Supports, and Operations of maintaining at least 9 units of off-site emergency shelter in ESG-CV. Professional Services Contract (rev 06/2023) Page 20 II Expectations for the Off-Site Emergency Shelters: • Exit to permanent housing rate of 50% • Follow Centers for Disease Control and Washington Department of Health's guidelines for operating emergency shelters. • Develop and implement a hazardous weather response plan with the ability respond to community needs during periods of extremely hot or cold weather or severe poor air quality due to wildfire smoke. • Operate a notification system for key community partners on bed availability, referral process and provides adequate resources and assistance to individuals that are unable to stay when the shelter is at maximum occupancy capacity. • Follow low-barrier best practices. Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have work or volunteer requirements. Households are not terminated from the project for the following reasons: Failure to participate in supportive services or treatment programs, failure to make progress on a housing stability plan and/or alcohol and/or substance use in and of itself is not considered a reason for termination. o Emergency shelters shall not have excessive rules that become barriers for unsheltered persons or households to stay in the shelter. o Emergency shelters shall not have excessive rules that exit a person or household to homelessness. • Policies and Procedures that demonstrate the following: o Check-in process that includes a reasonable check-in time and accounts for households that may be late or unable to make a predetermined time. o The protocol when maximum capacity is reached and the procedures to assist households in finding other shelter options. o Protocols for emergency situations when employees are present and, if different, during hours when employees are not present. o The process for shelter stayers to exit each day and includes length of time. o Exhibits Racial Equity: How the demographics of shelter stayers are similar to the demographics for persons experiencing homelessness (i.e. compared to the demographics found during outreach and/or the PIT Count). • Low barrier shelters o All homeless housing projects adhere to state and federal anti- discrimination laws: ■ All projects ensure equal access for people experiencing homelessness regardless of race, national origin, gender identity, sexual orientation, marital status, age, veteran or military status, disability, or the use of an assistance animal. • Projects designed to serve families with children experiencing homelessness ensure equal access regardless of family composition and regardless of age of a minor child. Professional Services Contract (rev 06/2023) Page 21 • Projects that operate gender segregated facilities allow the use of facilities consistent with the person's gender expression or identity. o At minimum, homeless households are not screened out based the following criteria: ■ Having too little income or no income • Having poor credit or financial history ■ Having poor or lack of rental history ■ Having involvement with the criminal justice system • Having active or history of alcohol and/or substance abuse use ■ Having been impacted or affected by a crime. • The type or extent of disability-related services or supports that are needed. ■ Lacking ID or proof of U.S. Residency Status • Other behaviors that are perceived as indicating a lack of"housing readiness, "including resistance to receiving services. o Households are not terminated from the project for the following reasons: ■ Failure to participate in supportive services or treatment programs. ■ Failure to make progress on a housing stability plan. ■ Alcohol and/or substance use in and of itself is not considered a reason for termination. • Households residing in emergency shelters must not be exited to homelessness due to reaching a maximum stay limit. o If household is terminated from a low barrier project due to violating rules focused on maintain a safe environment, there must be a process in place for the household to be considered for reenrollment if the household demonstrates unsafe behavior is unlikely to re-occur (i.e engaged in new treatment plan, mental health services, medical care, etc.) Spenddown of Emergency Solutions Grant COVID- 19 • Subcontractor must spenddown all funding for Emergency Solutions Grant COVID-19 (ESG-CV) prior to spending Emergency Housing Funds. Reporting All Programs: Submit the following monthly deliverables no later than the 15'h of each month: • Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s): o Referral Report Professional Services Contract (rev 06/2023) Page 22 o HUD 225 Data Quality Report (PDF format preferred): for the Diversion/CE/Care Coordination. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 06/2023) Page 23 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, 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 five (5) 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. Professional Services Contract (rev 06/2023) Page 24 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. 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. Professional Services Contract (rev 06/2023) Page 25 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 06/2023) Page 26 EXHIBIT C BUDGET Permanent Housing Fund Source Annual Rent Emergency Housing Fund $158,000 Emergency Shelter Fund Source Annual Offsite Admin Emergency Housing Fund $18,121 Facility Supports Emergency Housing Fund $130,848 Operation Emergency Housing Fund $62,000 Street Outreach Fund Source Annual Operations Emergency Housing Fund 1 $30,000 Total Award Emergency Housing $398,969 Fund Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 15th of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. Professional Services Contract (rev 06/2023) Page 27 c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. e. All "pooled" costs are considered "Administration" unless approved by the COUNTY. f. Reimbursement in one fiscal year may not exceed the approved annual budget. If annual budgeted funds are expended prior to the end of the first fiscal, no additional reimbursements will be approved for that fiscal year, and programs/services are expected to continue. Any unspent funds will be rolled into the next fiscal year. g. CONTRACTOR must retain all backup documentation including policies and procedures on how employee time is tracked to grants, and how holiday and overtime pay is calculated. h. Invoices must be easy to read with program expenses clearly organized and labeled. Arrange the backup documentation in the order items appear on the invoice. I. If invoice has significant increase or decrease in totals, include budget narrative in the email submission to explain the change when invoice is submitted. j. If you make an error in any previous months or overpayments or underpayments, reach out to the COUNTY to determine the next steps. k. If uncertain if expense is allowable, reach out to the COUNTY. I. Budget Adjustments/Revisions: Budget adjustments/revisions are when money is moved from one budget category to another. All budget revision requests must use the Contract Budget Transfer Request Form. Budget revisions are allowable up to once per quarter. CHG Contracts will require Commerce approval and follow CHG Guidelines. m. Financial Contract Amendments: Contract amendments will be issued when there is a change in the total contract award. Amendments are also required in CHG contracts when the total budget adjustment or sequential adjustments exceed(s) 10% of the award. n. Submit monthly invoices electronically to Todd Parker, (tparker(a-)masoncountvwa.gov) and Haley Foelsch (haley(a)masoncountywa.gov). The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • The name of the agency, ■ Date submitted, ■ Dates of service (e.g. report period), ■ Contract number, • Invoice number ■ Name of funding source, • Reimbursement request per funding source, ■ Salary and benefits separated out, ■ Total hours worked by employees for the pay period. Show all time worked by fund source. Professional Services Contract (rev 06/2023) Page 28 ■ General Ledgers or backup documentation which includes expenses broken out by category. They cannot include client names or identifying information; it is acceptable to use HMIS numbers. When rental and/or utility assistance payments are made, the landlords name is allowable. • Backup Documentation: Submit a copy of source documentation for the expenditures invoiced under the budget categories listed above. This should include copies of checks to vendors, receipts for purchases, as well as time sheets for staff and other documentation that supports the expenditures and allow us to link staff time to the charges invoiced. • Accounting System Report: Submit a report that recaps the source documentation from your accounting system that lists grant expenditures by program/funding source, object, date, payee name, description (if available) and amount. These reports are variously called "Expanded General Ledger," "Detail Trial Balance," and/or "Statement of Revenue and Expenditures." You may refer to it by another name. The report needs to provide enough detail so that we can link each source document to the accounting system report. Each line item must be color-coded in a separate color with a highlighter and linked to the respective backup documentation using the same color(there should be multiple colors for multiple line items). This allows for quick verification of charges. The reviewers need to be able to see how the amount requested on an invoice matches the backup documentation. ■ All Flexible Fund (CHG 6.3.3) expenses must be pre-approved. • Voucher detail worksheets, if required by the grant, ■ Spenddown sheet matching the voucher detail worksheet, • Any HMIS reports required by the grant, ■ Total reimbursement request for each funding source, and • Signature from the Executive Director, CEO, and/or Board Member. ■ Submitted by the Executive Director. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 29 EXHBIT D CHG ATTESTATION I do hereby certify that to the best of my knowledge, the following is true, accurate and complete: All contractors including by and for organization attest that all are bounded to all contracts including contracts between the Department of Commerce and Mason County Public Health, and Human Services, and/or any subrecipients. I have reviewed all pass through contract language, have received copies, and agree to be bounded to these terms. I have read all guidelines specific to the fund source receiving funding for, Mason County's written standards, and policies set forth by the Department of Commerce and Mason County Public Health and Human Services and agree to follow. Name (printed) Name (signature) Title Agency Date Professional Services Contract (rev 06/2023) Page 30 EXHIBIT E ATTESTATION OF DEBARMENT AND SUSPENSION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS A. The contractor certifies to the best of its knowledge and belief, that is and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this CERTIFICATION been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contact under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph A.2 of this certification; and 4) Have not within a three-year period preceding this CERTIFICATION had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this CONTRACT. C. This certification expires on January 1 of each year. Name of Entity: SIGNATURE OF AUTHORIZED SIGNING TITLE OFFICIAL PLEASE PRINT OR TYPE NAME DATE Professional Services Contract (rev 06/2023) Page 31 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: August 29, 2023 Internal Review: ❑X Finance ❑ Human Resources © Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Ecology Local Solid Waste Funding(LSWFA) Contract Background/Executive Summary: Mason County Public Health and Human Services performs solid waste code enforcement and permitting of solid waste handling facilities under a contract with the Washington State Department of Ecology. The current contract expired June 30, 2023. The attached contract begins a new funding period covering the next two years beginning July 1, 2023 and ending June 30,2025. A portion of the funding remained unspent at the end of the contract period. We have received a new contract from HCCC to use the remaining funds through the end of Sept. 2023. The state will provide $131,920.00 with a County 25% matching contribution of 43,973.33. This will provide a total of$175,893.33 in funding for the solid waste program. Budget Impact(amount, funding source,budget amendment): $175,893.33 Public Outreach (news release,community meeting, etc.): None Requested Action: Approval to move this item to the August 29t1i Action agenda. Attachments Contract DEPARTMENT OF am sima ECOLOGY State of Washington Agreement No. SWMLSWFA-2023-MaCoPH-00214 SOLID WASTE MANAGEMENT LOCALSOLID WASTE FINANCIALASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: SWE Mason Co PHSS Total Cost: $175,893.33 Total Eligible Cost: $175,893.33 Ecology Share: $131,920.00 Recipient Share: $43,973.33 The Effective Date of this Agreement is: 07/01/2023 The Expiration Date of this Agreement is no later than: 06/30/2025 Project Type: Solid Waste Enforcement Project Short Description: Mason County Public Health will spend$175,893.33 to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations and expects to accomplish this goal by providing technical assistance,education,compliance monitoring and enforcement when necessary. Proiect Lone Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation;and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Page 2 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Cc PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT RECIPIENT INFORMATION Organization Name: MASON COUNTY PUBLIC HEALTH& SOCIAL SERVICES DEPT Federal Tax ID: 91-6001354 UEI Number: SNAXPBGW4VR4 Mailing Address: 415 N 6th Street Shelton,WA 98584 Physical Address: 415 N 6th Street Shelton,Washington 98584 Organization Email: itracy@masoncountywa.gov Organization Fax: (360)427-7787 Contacts Template Version 12/10/2020 State of Washington Department of Ecology Page 3 of 21 Agreement No: SWMLSWPA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT Project Manager Ian Tracy Environmental Health Manager 415 N 6th Street Shelton,Washington 98584 Email: itracy@masoncountywa.gov Phone: (360)427-9670 Billing Contact Ian Tracy Environmental Health Manager 415 N 6th Street Shelton,Washington 98584 Email: itracy@masoncountywa.gov Phone: (360)427-9670 Ian Tracy Authorized Environmental Health Manager Signatory 415 N 6th Street Shelton,Washington 98584 Email: itracy@masoncountywa.gov Phone: (360)427-9670 Template Version 12/10/2020 State of Washington Department of Ecology Page 4 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey,WA 98503 Contacts Laura Busby Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: lbus461@ecy.wa.gov Phone: (360)280-5088 Laura Busby Financial Manager PO Box 47775 Olympia,Washington 98504-7775 Email: lbus461@ecy.wa.gov Phone: (360)280-5088 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Cc PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,set-vices,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State MASON COUNTY PUBLIC HEALTH&SOCIAL Department of Ecology SERVICES DEPT By: By: Peter Lyon Date Ian Tracy Date Solid Waste Management Environmental Health Manager Acting Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 Slate of Washington Department of Ecology Page 6 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT Sharon Trask Mason County Commissioners,Chair Date Tim Whitehead Chief Deputy Prosecuting Attorney Date Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT SCOPE OF WORK Task Number: I Task Cost: $175,893.33 Task Title: Solid Waste Enforcement Task Description: Activity-Solid Waste Handling Facility/Site Compliance RECIPIENT anticipates performing the following work under this activity: •Compliance monitoring at solid waste handling facilities and sites using the following regulations as applicable to each facility or site: -Chapter 173-350 WAC Solid Waste Handling Standards -Chapter 173-351 WAC Criteria for Municipal Solid Waste Landfills -Chapter 173-304 WAC Minimum Functional Standards for Solid Waste Handling -All related local solid waste regulations or codes •Monitoring of facilities or sites requiring a permit will be accomplished through -Issuing or renewing permits -At least one inspection annually at each permitted facility or site -Oversight and technical assistance -Review of groundwater data -Annual review of financial assurance •Enforce as necessary RECIPIENT will complete at least one inspection per calendar year at each permitted solid waste facility.RECIPIENT will track facilities monitored and include the information in quarterly progress reports,including uploading a copy of inspection reports conducted in the quarter. New solid waste permit applications and notices of exemption considered during the grant period for facilities not listed may be managed under this agreement. A list of facilities and their permit status is located in the Uploads form on the Application Menu page in EAGL. Activity:Solid Waste Investigation,Assistance,Enforcement RECIPIENT anticipates performing the following work under this activity: •Investigate and resolve solid waste related complaints and concerns •Offer technical assistance about solid waste regulations and how to prevent violations •Provide public education about proper handling and disposal methods,and how to prevent violations •Enforce as necessary This task includes development and distribution of promotional materials in a variety of formats to encourage compliance. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement,RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials and must provide a draft copy for review Template Version 12/10/2020 Slate of Washington Department of Ecology Page 8 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT and approval ten(10)business days prior to production and distribution of materials. Task Costs Eligible for Reimbursement • Staff salaries and benefits,and indirect up to 30% •Mileage or fuel and maintenance charges for vehicle use on task eligible work •Costs not listed here but pre-approved in writing by Ecology Task Costs Ineligible for Reimbursement • Costs covered by solid waste facility fees for inspections,permit issuance or renewal • Site clean-up costs including costs for removal,transportation,and disposal • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Staff participation in hainings,workshops and or conferences not pre-approved in writing by ECOLOGY • Costs of membership in civic,business,technical and or professional organizations not pre-approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of the task is to protect human health and the environment by preventing and correcting solid waste violations through technical assistance and education,compliance monitoring and enforcement when necessary. Task Expected Outcome: With the task budget,RECIPIENT estimates, • I permitted facilities renewals • 10 exempt facilities inspections • 1 exempt facility visit • 1 permitted facility visit •280 complaints resolved Recipient Task Coordinator: Wendy Mathews Solid Waste Enforcement Deliverables Number Description Due Date 1.t Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT BUDGET Funding Distribution EG240010 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: SWE Mason Co PHSS Funding Type: Grant Funding Effective Date: 07/01/2023 Funding Expiration Date: 06/30/2025 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: FD Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate:30% Recipient Match%; 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No SWE Mason Co PHSS Task Total Solid Waste Enforcement $ 175,893.33 Total: $ 175,893.33 Template Version 12/10/2020 State of Washington Department of Ecology Page 10 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SWE Mason Co PHSS 25.00 % $ 43,973.33 $ 131,920.00 $ 175,893.33 Total $ 43,973.33 $ 131,920.00 $ 175,893.33 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location)or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved in writing by ECOLOGY.RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY'S Solid Waste Management(SWM)program will implement a reporting assessment for all RECIPIENTS of grants administered through the S WM program. The assessment determines the RECIPIENT reporting level required throughout the biennium.If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment,RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly.The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each Payment Request/Progress Report. RECIPIENT shall report outcomes in a matmer consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial(including payment requests),performance,and other reports required by this Agreement.ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: Template Version 12/10/2020 State of Washington Department of Ecology Page 11 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <Irttp://www.sam.gov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam. op v <Iittp://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usasl3ending.gov<htti)://www.usaspending.pov/>. Template Version 12/10/2020 State of Washington Department of Ecology Page 12 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Masan Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT For more details on FFATA requirements,see www.fsrs.eov<hfn://Www.fsrs.pov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law t 15-232 <httns•//WwW eovinfo Pov/content/i3ka/PLAW-I15nubl232/pdf/PLAW-115nubl232 odfl section 889,covered teleconnnnications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the System for Award Management(SAM)<https•//satn.eov/SAM/>exclusion list. Template Version 12/10/2020 I State of Washington Department of Ecology Page 13 of 21 Agreement No: SWMLSWPA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS RecipientName: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https:Hfoitress.wa.gov/ecy/publications/SumniaryPages/2301002.htmi) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both patties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 Slate of Washington Department of Ecology Page 14 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting Cultural Resources and human remains. S. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. I) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which be/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. Template Version 12/102020 State of Washington Department of Ecology Page 16 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the patties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM), unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.cey.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14, INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. is. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Narne: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which lie/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(t)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 18 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Cc PHSS Recipient Na ne: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. 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. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-1 I WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Slate of Washington Department of Ecology Page 20 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PUSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28, TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs inured in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement, in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no Template Version 12/10/2020 State of Washington Department of Ecology Page 21 of 21 Agreement No: SWMLSWFA-2023-MaCoPH-00214 Project Title: SWE Mason Co PHSS Recipient Name: MASON COUNTY PUBLIC HEALTH&SOCIAL SERVICES DEPT event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third patty beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING August 21, 2023 Action Items• • Requesting the Board authorize the following: 1. Set a hearing for September 26, 2023 at 9:15am 2. Hearing, execute a resolution adopting the 2024 Annual Construction Program and the 6-Year TIP (2024-2029) • Requesting the Board approve to extend the Solid Waste Export Services Contract with Regional Disposal Company and set a special meeting. Discussion Items: • Stormwater NPDS Permit exemption Commissioner Follow-Up Items: August 29, 2023 at 9:15am Public Hearing Solid Waste Long Haul Transportation and Disposal Contract Upcoming Items• September 5th Homestead Road Paving from MP 0.00 to MP 0.22 - Closure during working hours. 7:30 am to 4:OOpm. September 6th _ 8th Lakeland Road Paving from MP 0.00 to 0.45 -Road closure during working hours 7:30am to 4:OOpm. September 25th-29th North Shore Road Little Shoefly Culvert Replacement @ MP 8.18 July/1st week in August Chipseal conversation roads (Sunnyside Road, Kelly Hall and Sunnyslope Road) and re-chip sealing Shelton Matlock(from Highland Road to the W) End of July-August Restriping County roads (Contracted project w/Stripe Rite) C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PLS,PE,Deputy Director/County Ext.450 Engineer Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: August 29,2023 and September 26,2022 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Adoption of the 2024 Annual Construction Program and 6-Year Transportation Improvement Program(TIP) Background/Executive Summary: RCW 36.81.121 and 36.81.130 requires the preparation and annual updating of a six-year comprehensive transportation program. WAC 136-14 and 136-15 describe procedures for priority programming and the preparation of the 6-Year TIP. In addition to the required notice and hearing,Mason County established a citizen advisory board for the purpose of increasing public involvement in developing transportation improvement recommendations. The Transportation Improvement Program Citizens Advisory Panel, or TIP-CAP,were presented the attached recommended programs at their August 9th meeting. The following is the proposed schedule for reviewing and adopting the Annual Construction and 6-Year TIP Programs: 8/29 Board sets hearing date for September 26'at 9:15am 8/29-9/26 Annual and TIP available for public review 9/13 TIP-CAP recommendations 9/26 Public Hearing to adopt the Annual and 6-Year Budget Impact(amount, funding source,budget amendment): Annual 2023 expenditures are planned to be$12 million of which$2.55 million will come from the Road Fund and $9.5 million from outside sources. County forces will be used to construct approximately $1,049,840 of the annual construction program,which is under the computed limit of$1.26 million. C Mason County Agenda Request Form Y /A t! Public Outreach(news release, community meeting,etc.): • Hearing notice will be published in the Shelton Journal • TIP-CAP Meetings(open to the public). • Drafts available on the Public Works webpage Requested Action: Requesting the Board authorize the following: 1. Set a hearing for September 26,2023 at 9:15am to consider the 2024 Annual Construction Program and the 6- Year TIP (2024-2029). 2. Hearing, execute a resolution adopting the 2024 Annual Construction Program and the 6-Year TIP(2024-2029). Attachments: • Draft 2024 Annual • Draft 6-Year TIP(2024-2029) • Notice • Resolution 1AIVIVUHL l.U1V31 KUl.11UIV rmuunAivI rum LUL4 (/-1U-LUL3) TOTAL$'S COUNTY>> MASON A TOTAL COSTRUCTION DONE-columns(13)+(14) $ 10,301,857 DATE RECOMMENDED PROG.SUBMITTED B COMPUTED COUNTY FORCES LIMIT $ 1,260,423 DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 1,049,840 ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) w o z = o F F SOURCES OF FUNDS ESTIMATED EXPENDITURES o 0 m ¢ w_ u z z = cc ROAD SEGMENT INFORMATION 0 z w OTHER FUNDS CONSTRUCTION a Z PROJECT NAME a W. z COUNTY g w PE&CE RIGHT OF WAY GRAND TOTAL z W > G > ¢ ROAD PROGRAM COUNTY o z AMOUNT (595.10) (595.20) CONTRACT (ALL 595) a ROAD# ROAD NAME BMP EMP FFC (Miles) O w FUNDS SOURCE FORCES 01 1 Eells Hill Road(gravel conversion) 40850 Eells Hill Road 0.00 5.61 09 5.61 RC 272,790 0 0 0 0 272,790 272,790 02 2 Tahuya Blacksmith Rd(gravel conversion) 70670 Tahuya Blacksmith Rd 2.90 4.63 09 1.73 RC E 108,990 0 0 0 0 108,990 108,990 03 3 Ellis Rd(gravel conversion) 15960 Ellis Rd 0.00 0.58 09 0.58 RC E 35,000 0 0 0 0 35,000 35,000 04 4 Yates Rd(gravel converstion) 36600 Yates Rd 0.00 1.31 09 1.31 RC E 82,530 0 0 0 0 82,530 82,530 05 5 Shelton Valley Road Culvert Replacement 05930 Shelton Valley Road 1.94 2.06 08 0.12 A,L 1 66,700 492,300 RAP 45,904 0 513,096 0 559,000 06 6 Kamilche Point Road Improvement Project 14880 Kamilche Point Road 0.02 2.80 08 2.78 D E 139,050 890,950 STP 0 0 1,030,000 1,030,000 07 7 Tahuya Post Office Bridge 70390 N.Shore Rd 14.88 14.90 08 0.02 1 1 200,000 0 0 0 200,000 200,000 08 8 Toonerville Bridge Replacement 79800 Bear Creek Dewatto Rd. 5.28 5.30 07 0.02 1 1 1,860,000 BROS 600,000 50,000 1,210,000 1,860,000 09 9 Bear Creek Dewatto Rd 79800 Bear Creek Dewatto Rd. 0.43 1.02 07 0.59 RC 1 64,000 576,000 RAP 20,000 20,000 300,000 300,000 640,000 10 10 Programmatic Bridge Repair Various 0.00 1 E 65,000 0 10,000 5,000 25,000 25,000 65,000 11 11 County-Wide Small Capital Projects Various 0.00 Other E 100,000 0 10,000 5,000 45,000 40,000 100,000 12 12 Neighborhood Roadway Safety Grants Various 0.00 Other E 10,000 0 10,000 10,000 13 13 Johns Prairie Road/SR 3 Intersection 91720 Johns Prairie Road 3.60 3.77 17 0.17 Other E 55,000 0 15,000 40,000 55,000 14 14 North Fork Goldsborough Bridge Repair 04670 Little Egypt Road 0.34 0.35 09 0.02 1 1 167,000 BROS 0 0 167,000 167,000 15 15 Uncle Johns Lower Culvert 23500 Agate Loop 1.02 1.02 09 0.00 L,A 1 152,000 598,000 FBRB(RCO) 50,000 40,000 660,000 0 750,000 16 16 Bear Creek Dewatto Rd(Tiger) 79800 Bear Creek Dewatto Rd. 1.53 1.96 07 0.43 RC i 103,500 931,500 RAP 20,000 20,000 995,000 1,035,000 17 17 Shelton Matlock Rd Safety Enhancement 90100 Shelton Matlock Rd 1.76 7.67 17,07 5.91 G E 0 1,396,692 HSIP 0 0 1,396,692 0 1,396,692 18 18 Belfair Connector-Log Yard Road E. New Log Yard Road E. 0.00 A,B,D,G S 250,000 0 200,000 50,000 0 0 250,000 19 19 Belfair Connector-Romance Hill Road 86500 Romance Hill Road 0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 20 20 Skokomish Valley Road Reconstruction 41640 Skokomish Valley Road 3.80 4.60 08 0.80 A,B,D,G 1 0 1,600,000 FLAP 0 1,600,000 0 1,600,000 21 21 North Island Drive Culvert Replacement 39630 North Island Drive 3.46 3.47 07 0.01 L,A 1 320,000 500,000 RAP 125,771 40,000 654,229 0 820,000 22 22 Beerbower Rd(gravel conversion) 02230 Beerbower Rd 1.25 3.06 09 1.81 RC E 114,030 0 0 0 0 114,030 114,030 23 23 Rasor Road Extention 62400 Rasor Road 09 0.00 Other S 150,000 0 0 150,000 0 0 150,000 24 24 WSDOT/County Intersection Feasability Clifton,OBH/SR300,N.Bay/SR3 Other S 40,000 0 40,000 40,000 ....................................... 25 25 County Safety Program-Guardrail Bridge Retrofit Varies 0.00 G 1 0€ 385,000 HSIP 49000 0 336,000 0 385,000 26 26 Shetland Road RID Shetland Road 0.00 1.30 1.30 RC E 71,500 RID 0 0 71,500 71,500 27 27 Roessel Road 69660 Roessel Road 0.00 0.29 9.00 0.29 RC E 120,000s 0 120,000 120,000 CRAB FORM#3,MC REVISED PAGE/PROGRAM TOTALS,CONSTRUCTION 1 1 2,548,5901 9, 68,9421 1,196,675 470,000 9,252,017 1,049,840 12,017,532 8/17/2023 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE Eells Hill Road Resurfacing Project RW Rd. No.: 40850 CN 7/4/2024 272.79 272.79 272.792 N/A 09 1 From: MP 0.00 To: MP 5.61 5.61 E gravel road to chip seal Total 2024 Project Cost $272,790 TOTALS 272.79 272.79 272.792 CRP PE Tahuya Blacksmith Road Resurfacing Project RW Rd. No.: 70670 CN 7/4/2024 108.99 108.99 108.99 N/A 09 2 From: MP 2.90 To: MP 4.63 1.73 E gravel road to chip seal Total 2024 Project Cost $ 108,990 TOTALS 108.99 108.99 108.99 CRP PE Ellis Road Resurfacing Project RW Rd. No.: 15960 CN 7/4/2024 35 35 35 N/A 09 3 From MP 0.00 To: MP 0.58 0.58 E gravel road to chip seal Total 2024 Project Cost $35,000 TOTALS 35 35 35 CRP PE Yates Road Resurfacing Project RW 09 4 Rd. No.: 36600 1.31 CN 7/4/2024 82.53 82.53 82.53 E N/A From: MP 0.00 To: MP 1.31 gravel road to chip seal Total 2024 Project Cost $82,530 TOTALS 82.53 82.53 82.53 CRP PE 4/1/2024 RATA 36.9 9.004 45.904 45.904 Shelton Valley Road Culvert Replacement RW 08 5 Rd. No.: 05930 0.12 CN 8/1/2024 RATA 455.4 57.696 513.096 513.096 E N/A From: MP 1.94 To: MP 2.06 Replacing the Winter Creek Culvert Total 2024 Project Cost $559,000 TOTALS 492.3 66.7 559 559 CRP PE Kamiche Point Road Improvement Project RW 08 6 Rd. No.: 14880 2.78 CN 8/1/2024 STP 890.95 139.05 1030 1.03 E N/A From: MP 0.02 To: MP 2.80 Overlay the road Total 2024 Project Cost $1,030,000 TOTALS 890.95 139.05 1030 1.03 CRP PE Tahuya Post Office Bridge RW 08 7 Rd. No.: 70390 0.02 CN 8/1/2024 200 200 200 E N/A From: MP 14.88 To: MP 14.90 Bridge repair Total 2024 Project Cost $200,000 ITOTALS 200 200 200 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U z, D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE 4/1/2024 600 600 600 Toonerville Bridge Replacement Bear Creek Dewatto Road RW 6/1/2024 BROS 50 50 50 07 8 Rd. No.: 79800 0.02 CN 8/1/2024 BROS 1210 1210 1210 E 6/1/2024 From: MP 5.28 To: MP 5.30 Replace the two existing 14x8 corrugated metal culverts with a 30'structure Total 2024 Project Cost $1,860,000 TOTALS 1860 1860 1860 CRP PE 4/1/2024 RATA 18 2 20 20 Bear Creek Dewatto Road Improvement Project RW 6/1/2024 RATA 20 20 20 07 g Rd. No.:79800 0.59 CN 8/1/2024 RATA 558 42 600 600 E 6/1/2024 From: MP 0.43 To: MP 1.02 Total 2024 Project Cost $640,000 TOTALS 576 64 640 640 07 CRP PE 10 10 10 08 Programmatic Bridge Program RW 5 5 5 09 10 CN 50 50 50 E 17 18 19 Total 2024 Project Cost $65,000 TOTALS 65 65 65 07 CRP PE 10 10 10 08 County-Wide Small Capital Projects RW 5 5 5 09 11 CN 85 85 85 E 17 18 19 Total 2024 Project Cost $ 100,000 TOTALS 100 100 100 07 CRP PE 10 10 10 08 Neighborhood Roadway Safety Grants RW 09 12 CN E 17 18 19 Total 2024 Project Cost $ 10,000 TOTALS 10 10 10 CRP PE 4/1/2024 15 15 15 Johns Prairie Road i SR 3 Intersection RW 6/1/2024 40 40 40 17 13 Rd. No.: 91720 0.17 CN DCE From: MP 3.60 To: MP 3.77 Clear Zone Project Total 2024 Project Cost $55,000 TOTALS 55 55 55 CRP PE 4/1/2024 BROS North Fork Goldsborough Bridge Repair RW 09 14 Rd. No.: 04670 Little Egypt Road 0.02 CN 8/1/2024 BROS 167 167 167 From: MP 0.335 To: MP 0.35 Replace the timber cap Total 2024 Project Cost $ 167,000 ITOTALS 167 167 167 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 2 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP 2023 PE 4/1/2024 RCO 40 10 50 50 Uncle Johns Lower Culvert RW 5/1/2024 RCO 30 10 40 40 09 15 Rd No.:23500 CN 7/1/2024 RCO 528 132 660 660 From MP 1.02 To: MP 1.02 Replace existing culvert with a new structure Total 2024 Project Cost $750,000 TOTALS 598 152 750 750 CRP PE 4/1/2024 RATA 18 2 20 Bear Creek Dewatto Road(Tiger)Improvement Project RW 6/1/2024 20 20 20 07 16 Rd No.:79800 0.43 CN 8/1/2024 RATA 913.5 81.5 995 E 6/1/2024 From MP 1.53 To: MP 1.96 Gravel surface to chip seal Total 2023 Project Cost $1,035,000 TOTALS 931.5 103.5 1035 20 CRP PE Shelton Matlock Road Safety Enhancement RW 07 17 Rd. No.: 90100 5.91 CN 6/1/2024 HSIP 1396.692 1396.692 1396.69 From: 1.76 7.67 Deck Repair Total 2024 Project Cost $1,396,692 TOTALS 1396.692 1396.692 1396.69 CRP PE 1/1/2024 200 200 200 Belfair Connector-Log Yard Road E. RW 10/1/2024 50 50 50 18 Rd. No.: CN From: SR3 To: Belfair Freight Corridor Design for new construction Total 2024 Project Cost $250,000 TOTALS 250 250 250 CRP 2019 PE 6/1/2024 50 50 50 Belfair Connector-Romance Hill RW 7/1/2024 50 50 50 09 19 Rd. No.: 86500 CN From: SR3 To: Belfair Freight Corridor Design for new construction Total 2024 Project Cost $ 100,000 TOTALS 100 100 100 CRP PE Skokomish Valley Road Reconstruction RW 08 20 Rd. No.:41640 CN 8/1/2024 FLAP 1600 1600 1600 TBD From: MP 3.8 To: MP 4.6 Road reconstruction partner w/Mason Cons Dist$8M total project cost Total 2024 Project Cost $1,600,000 TOTALS 1600 1600 1600 CRP 2011 PE 1/1/2024 RATA 105.771 20 125.771 125.771 North Island Drive Culvert Replacement RW 5/2/2024 40 40 40 07 21 Rd. No.: 39630-North Island Drive 0.01 CN 7/15/2024 RATA 394.229 260 654.229 654.229 TBD From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total 2024 Project Cost $820,000 ITOTALS 500 320 820 820 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 3 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z' D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE Beerbower Road Resurfacing Project RW 09 22 Rd. No.: 02230 1.81 CN 8/1/2024 114.03 114.03 114.03 From: MP 1.25 To: MP 3.06 Total 2024 Project Cost $ 114,030 TOTALS 114.03 114.03 114.03 Rasor Road Extention PE Rd. No.62400 RW 9/3/2024 150 150 150 09 23 CN From: MP. To: MP. ROW acquisition Total 2024 Project Cost $ 150,000 TOTALS 150 150 150 WSDOT/County Intersection Feasability Study PE 7/1/2024 40 40 40 Clifton,Old Belfair Hwy/SR300: N.Bay Rd/SR3 RW 07 24 Rd. No.: 0.10 CN From: MP To: MP Feasability Study Total 2024 Project Cost $40,000 TOTALS 40 40 40 CRP 2032 PE 3/1/2024 HSIP 49 49 49 County Safety Program-Guardrail Bridge Retrofit RW 07 25 Rd. No.: varies 0.12 CN 8/1/2024 HSIP 336 336 323 From: MP To: Add/upgrade bridge rail and guardrail Total 2024 Project Cost $385,000 TOTALS 385 385 372 CRP PE Shetland Road RID RW 26 Rd. No.: CN 8/1/2024 RID 71.5 71.5 71.5 From: MP 0.00 To: 1.30 Convert gravel private road to public road Total 2024 Project Cost $71,500 TOTALS 71.5 71.5 71.5 CRP PE Roessel Road RW 07 27 Rd. No.: 69660 0.12 CN 8/1/2023 120 120 120 From: MP 0.00 To: 0.29 Raise roadway Total 2023 Project Cost $ 120,000 TOTALS 120 120 120 CRP PE 1/1/2025 400 400 Trails Road Realignment RW 10/1/2025 50 50 Rd. No.:62310 CN 07 28 From: MP 0.5 To: MP 1.6 0.40 Curve Realignment Total Project Cost $450,000 TOTALS 450 450 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 4 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z' D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE 6/1/2026 200 200 Log Yard Road W Freight Upgrade RW 7/1/2026 50 1 50 29 CN 4/1/2026 1325 1325 3R Improvement-Resurfacing, Restoration and Rehabilitation Total Project Cost $1,575,000 TOTALS 1575 1575 CRP PE 4/1/2026 10 10 10 N.Shore Road Lil Shoe Fly Culvert Replacement RW 4/1/2026 20 20 20 30 Rd. No.70390 CN 8/1/2026 700 700 700 From: MP 8.10 To: MP 8.10 Total Project Cost $730,000 TOTALS 730 730 730 PE 6/1/2028 120 120 120 Frieght Corridor Trail Multimodal trail RW 31 CN Curve Realignment Total Project Cost $ 120,000 TOTALS 120 120 120 CRP PE 12/1/202 BROS 221 73.5 294.5 294.5 Evers Bridge Painting Project RW 07 32 Rd. No.90100 CN 8/1/2026 BROS 614.25 204.75 819 819 From: MP 23.05 To: MP 23.05 Strip existing timber surface and re-apply protective coating Total Project Cost $1,113,500 TOTALS 835.25 278.25 1113.5 294.5 819 CRP PE 12/1/2026 BROS 199.5 66.5 266 266 Mission Creek 3 Bridge Improvement Project RW 09 33 Rd. No.84110 0.10 CN 8/1/2028 BROS 600 200 800 800 From: MP 0.04 To: MP 0.04 Construct footing and pier wall and replace the North approach Total Project Cost $1,066,000 TOTALS 799.5 266.5 1066 266 800 CRP PE 12/1/2026 BROS 56.25 18.75 75 75 Vance Creek Div Bridge Improvement Project RW 08 34 Rd. No.41640 CN 8/1/2028 BROS 225 75 300 300 From: MP 4.56 To: MP 4.56 Replace damaged concrete girder Total Project Cost $375,000 TOTALS 281.25 93.75 375 75 300 CRP PE 1/1/2026 BROS 100 100 100 Harstine Island Bridge Column Repairs RW 07 35 Rd. No.3000 CN 8/1/2028 BROS 900 900 900 From: MP 0.12 To: MP 0.40 Repair spalding on columns Total Project Cost $1,000,000 TOTALS 1000 1000 100 1 900 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 5 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o Phase Federal Federal State Required LL o Z E. Beginning MP or road-Ending MP or road o o a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE 12/1/2024 20 20 20 200 Danny Walker Bridge Improvement Project RW Rd. No.01420 CN 8/1/2025 200 200 09 36 From: MP 1.41 Replace the superstructure Total Project Cost $220,000 TOTALS 220 220 20 200 CRP PE 12/1/2024 20 20 20 200 Portman Bridge Improvement Project RW 09 37 Rd. No.01420 CN 8/1/2025 200 200 From: MP 3.82 Replace the superstructure Total Project Cost $220,000 TOTALS 220 220 20 200 CRP PE 12/1/2025 20 20 20 Crisman Bridge Improvement Project RW 09 38 Rd. No.01420 CN 8/1/2026 200 200 200 From: MP 0.58 Replace the superstructure Total Project Cost $220,000 TOTALS 220 220 20 200 CRP PE 4/1/2028 BROS 720 180 900 900 Stretch Island Bridge Replacement RW 4/1/2028 BROS 100 20 120 120 39 Rd. No.64500 0.07 CN 4/1/2028 BROS 6835.2 1708.8 8544 8544 From: MP 0.14 To: MP 0.21 Replace the 356'bridge Total Project Cost $9,564,000 TOTALS 7655.2 1908.8 9564 9564 CRP PE 12/1/2025 HSIP 200 200 200 Clifton Rd/SR 300/Old Belfair HWY Intersecetion Improvement RW 12/1/2025 HSIP 100 100 100 07 40 Rd. No.86750&98250 CN 8/1/2026 HSIP 1700 1700 1700 From: MP 0.20 Construct a roundabout at the intersection Total Project Cost $2,000,000 TOTALS 2000 2000 300 1700 CRP PE 12/1/2025 HSIP 200 200 200 Brockdale/Batstone CutOff/Brockdale/Island Lk Dr Intersecetion Improv. RW 12/1/2025 HSIP 100 100 100 17 41 Rd. No.90090&51300 CN 8/1/2026 HSIP 1700 1700 1700 From: MP 0.00 Construct a roundabout at the intersection Total Project Cost $2,000,000 TOTALS 2000 2000 300 1700 CRP PE Agate Road Improvement Project#4 RW 07 42 Rd. No.23910 2.87 CN 8/1/2026 STP 960.15 149.85 1110 1100 From: MP 3.78 To: MP 6.65 County crew to prepare shoulders contract HMA overlay 12'lanes&5'shoulders Total Project Cost $1,110,000 ITOTALS 960.15 149.85 1110 1100 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 6 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE Mason Lake Road Improvement Project RW 17 43 Rd. No.52210 1.42 CN 8/1/2026 STP 692 108 800 800 From: MP 0.00 To: MP 1.42 Overlay the road 12'wide lanes&5'wide shoulders Total Project Cost $800,000 TOTALS 692 108 800 800 CRP PE Mason Lake Road Improvement Project RW 07 44 Rd. No.52210 2.30 CN 8/1/2027 STP 994.75 155.25 1150 1150 From: MP 7.83 To: MP 10.13 Overlay the road 12'wide lanes&5'wide shoulders Total Project Cost $1,150,000 TOTALS 994.75 155.25 1150 1150 CRP PE Old Belfair HWY Improvement Project RW 07 45 Rd. No.98250 1.26 CN 8/1/2028 STP 605.5 94.5 700 700 From: MP 2.60 To: MP 3.86 HMA 12'lanes&5'shoulders Total Project Cost $700,000 TOTALS 605.5 94.5 700 700 CRP PE 4/1/2027 10 10 10 Johns Prairie Road Improvement Project RW 17 46 Rd. No.91720 1.00 CN 8/1/2027 STP 519 81 600 600 From: MP 0.00 To: MP 1.00 HMA 12'lanes&5'shoulders Total Project Cost $610,000 TOTALS 519 91 610 610 CRP PE 10 Matlock-Brady Road Improvement Project RW 07 47 Rd. No.90100 2.00 CN 8/1/2028 STP 865 135 1000 1000 From: MP 24.26 To: MP 26.26 Grind existing surface HMA 12'lanes&5'shoulders Total Project Cost $1,010,000 TOTALS 865 135 1010 1000 CRP PE 4/1/2027 RAP 18 2 20 20 South Island Drive Road Improvement Project RW 4/1/2027 20 20 20 08 48 Rd. No.35230 1.00 CN 8/1/2027 RAP 648 72 720 720 From: MP 0.00 To: MP 1.00 HMA 12'lanes&2'shoulders. 1'gravel shoulders;correct horizontal curves Total Project Cost $760,000 TOTALS 666 94 760 760 CRP PE Matlock-Brady Road Improvement Project RW 07 49 Rd. No.90100 2.00 CN 8/1/2028 STP 865 135 1000 1000 From: MP 22.26 To: MP 24.26 Grind existing surface HMA 12'lanes&5'shoulders Total Project Cost $1,000,000 ITOTALS 865 135 1000 1000 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 7 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE Matlock-Brady Road Improvement Project RW 07 50 Rd. No.90100 2.00 CN 8/1/2025 STP 865 135 1000 1000 From: MP 20.26 To: MP 22.26 Grind existing surface HMA 12'lanes&5'shoulders Total Project Cost $1,000,000 TOTALS 865 135 1000 1000 CRP PE 4/1/2025 10 10 10 E Mason Lake Drive West Culvert Replacement RW 4/1/2025 20 20 20 07 51 Rd. No.: 60130 CN 8/1/2026 600 600 600 From: MP 3.30 To: MP 3.30 Total Project Cost $630,000 TOTALS 630 630 30 600 CRP PE 4/1/2028 RAP 18 2 20 20 Cloquallum Road Improvement Project Shelton Valley RW 4/1/2029 20 20 20 07 52 Rd. No. 10000 0.40 CN 8/1/2029 RAP 700 70 770 770 From: MP 4.65 To: MP 5.05 Improve horizontal alignment S curves Total Project Cost $810,000 TOTALS 718 92 810 810 CRP PE 4/1/2027 RAP 20 2 22 22 Cloquallum Road Improvement Project Wivel Hill RW 4/1/2027 30 30 30 07 53 Rd. No. 10000 1.40 CN 8/1/2028 RAP 700 100 800 800 From: MP 6.6 To: MP 8.00 Shift the road to the North away from the creek Total Project Cost $852,000 TOTALS 720 132 852 852 CRP PE 14 Matlock-Brady Road Improvement Project RW 17 54 Rd. No.90100 2.00 CN 8/1/2029 STP 865 135 1000 1 1000 7 From: MP 18.26 To: MP 20.26 Grind existing surface HMA 12'lanes&5'shoulders Total Project Cost $1,000,000 TOTALS 865 135 1000 1000 CRP PE 4/1/2024 15 15 15 Beeville Loop Road Dry Bed Creek Culvert RW 4/1/2024 20 20 20 09 55 Rd. No.01420 0.10 CN 8/1/2025 900 900 900 From: MP 1.93 To: MP 1.94 Replace the existing pipe with a box culvert Total Project Cost $935,000 TOTALS 935 935 35 900 CRP PE Matlock-Brady Road Improvement Project RW 09 56 Rd. No.: 90100 CN 8/1/2029 STP 865 135 1000 1000 From: MP 17.43 To: MP 18.26 Grind existing surface HMA 12'lanes&5'shoulders Total Project Cost $1,000,000 ITOTALS 865 135 1000 1 1000 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 8 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z' D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP PE 1/1/2025 RTGP 400 400 400 McEwan Prairie Road Extention to SR101 RW 1/1/2026 RTGP 400 400 400 07 57 Rd. No.: 51800 2.10 CN 8/1/2027 RTGP 15000 15000 From: MP 2.45 To: MP 4.55 150000 Road,bridges, roundabouts Rural Surface Transportation Grant Program Total Project Cost $15,800,000 TOTALS 15800 15800 800 150000 CRP PE 1/1/2025 RTGP 400 400 400 Rasor Road Extention to SR3 RW 1/1/2026 RTGP 400 400 400 08 58 Rd. No.: 62400 2.00 CN 8/1/2027 RTGP 10000 10000 10000 From: MP 2.36 To: MP 4.36 Road, roundabouts Rural Surface Transportation Grant Program Total Project Cost $10,800,000 TOTALS 10800 10800 800 10000 CRP PE Bolling Road Resurfacing Project RW 09 59 Rd. No.: 10510 0.28 CN 8/1/2026 20 20 20 From: MP 0.00 To: MP 0.28 Gravel to Chip Seal Total Project Cost $20,000 TOTALS 20 20 20 CRP PE 1/1/2025 RTGP 800 800 800 Cloquallum Road Extention to SR 101 RW 1/1/2026 RTGP 500 500 500 60 Rd No.: 10000 0.06 CN 8/1/2027 RTGP 25000 25000 25000 From: MP 1.47 To: MP 1.53 On/Off ramps to SR 101 Rural Surface Transportation Grant Program Total Project Cost $26,300,000 TOTALS 26300 26300 800 500 25000 CRP PE North Shore Road Resurfacing Project RW 08 61 Rd. No.: 70390 5.72 CN 8/1/2026 300 300 300 From: MP 19.76 To: MP 25.48 Gravel to Chip Seal Total Project Cost $300,000 TOTALS 300 300 300 CRP PE 1/1/2025 20 20 20 Deegan Road West Culvert replacement RW 1/1/2027 20 20 20 08 62 Rd. No.: 06110 0.10 CN 8/1/2028 2000 2000 2000 From: MP 0.20 To: MP 0.30 Total Project Cost $2,040,000 TOTALS 2040 2040 20 2020 CRP PE 10 10 10 Lynch Road Culvert Replacement RW 20 20 20 07 63 Rd. No.: 15500 CN 600 600 600 From; MP 2.20 To: MP 2.20 Total Project Cost $630,000 1 ITOTALS 630 630 30 600 Phase Funding BROS-Bridge Replacement Project FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State Emergency RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board TOTALS 52.03 82371.24 4697.80 12823.99 99893 8401 4755 166766 54930 Cloquallum road Satsop Cloquallum Road Terrace Blvd Page 9 of 10 Six Year Transportation Improvement Program Agency: Mason County 7/10/2023 From 2024 to 2029 Co. No.: 23 Co.Name: Mason County Hearing Date: Adoption Date: City No. - -- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L t Costs in Thousands of Dollars Federally Funded Projects m A. Federal Aid No. B. Bridge No. a, Fund Source Information Expenditure Schedule Only 4 o C. Project Title Federal Funding R/W U Z, D. Street/Road Name of Number .o m Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/yy) Code Phase Source Funds Funds Funds 6th (mm/yy) 1 3 6 8 9 10 11 12 13 14 15 16 17 18 1 19 20 21 Page 10 of 10 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a Two public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584 and live stream at hqp://masonwebtv.com/on Tuesday, September 26, 2023 at 9:15am. SAID HEARINGS will be to consider adopting: 1) Amended 2023 Mason County Annual Road Program and Six Year Transportation Program for 2023-2028 2) Mason County's 2024 Annual Road Program and Six Year Transportation Improvement Program for years 2024 to 2029. Public testimony will be available in-person or via Zoom. The URL is available on the County website hltps://www.masoncoimWya.aov/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&masoncountywa.gov or mail to the Commissioners'Office,41 IN 5ffi St,Shelton,WA 98584; or call(360)427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 ext. 419. DATED this day of , 2023. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ.2t:9nl23&9/14/23 RESOLUTION NO. -23 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CALENDAR YEARS 2024-2029 AND THE 2024 ANNUAL ROAD PROGRAM WHEREAS,in compliance with RCW 36.81.121 and Chapter 136-15 WAC,prior to the adoption of the budget,the county legislative authority,with the advice and assistance of the county engineer, and after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years; and WHEREAS,the Board of County Commissioners hereby certifies that the priority array of potential projects on this County's road system, including bridges,was prepared and submitted by the County Engineer during the preparation of the said Six-Year Transportation Improvement Program pursuant to 136-14-050 WAC and 136-20-060 WAC; and, WHEREAS,the Board of County Commissioners reviewed the current bridge condition report as prepared by the County Engineer on March 13, 2023; and, WHEREAS,the Board of County Commissioners, finds that the proposed 2024-2029 Six-Year Transportation Improvement Program is consistent with the Mason County Comprehensive plan; and, WHEREAS,the Board of County Commissioners has held a public hearing on this 26' day of September,2023. WHEREAS,the Board of County Commissioners, after considering testimony presented at the public hearing, finds that the 2024-2029 Six-Year Transportation Improvement Program is necessary and required, and should be adopted; and WHEREAS,pursuant to RCW 36.81.130 and Chapter 136.16 WAC,the county legislative authority shall adopt an annual road program,prior to the adoption of the budget for the ensuing year; and WHEREAS,the County Engineer has submitted to the Board of County Commissioners a recommended Annual Road Program for the construction and maintenance of County roads for 2024; and WHEREAS,the Board of County Commissioners has considered the recommended 2024 Annual Road Program,has made all revisions, if any, deemed necessary and has determined the program conforms to the County's long-range road program; and WHEREAS,the adoption of the Six-Year Transportation Improvement Program and the Annual Road Program by the Board of County Commissioners authorized the County Engineer to approve right-of-way plans in accordance with the projects set forth in both programs. NOW THEREFORE,the Board of County Commissioners does resolve as follows: Section 1: The Six-Year Transportation Improvement Program for Mason County,as attached hereto and by this reference incorporated herein,is hereby adopted for the calendar year 2024-2029. Section 2: The 2024 Annual Road Program,as attached hereto and by this reference incorporated herein, is hereby adopted. Section 3: The Board of County Commissioners hereby certifies that the priority arrays and the engineer's current bridge report were available to the Board during the preparation of the Six-Year Transportation Improvement Program. Section 4: Copies of this resolution,the Six-Year Transportation Improvement Program and 2024 Annual Road Program shall be filed with the County Road Administrative Board not more than 30 days after their adoption by the Board of County Commissioners. Section 5: Copies of this resolution and the Six-Year Transportation Improvement Program shall be filed with the Secretary of the Washington State Department of Transportation not more than 30 days after their adoption by the Board of County Commissioners. BE IT FUTHER RESOLVED that the County Engineer is hereby directed to distribute copies of the Six-Year Transportation Improvement Program for 2024-2029 and the 2024 Annual Road Program to all required agencies. ADOPTED this day of 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: SHARON TRASK, Chair MCKENZIE SMITH, Clerk of the Board RANDY NEATHERLIN,Vice Chair APPROVED AS TO FORM: KEVIN SHUTTY, Commissioner TIM WHITEHEAD, Ch.DPA cc: Commissioners Public Works Community Development County Road Admin.Board WSDOT C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson,Deputy Director/U&W Ext.450 Department: Public Works Briefing: ❑ Public Hearing: ❑ Action Agenda: ❑ Special Meeting: ❑ Briefing Date(s): July 21,2023 Agenda Date: Requesting Special Meeting Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑No ❑ Tabled ❑No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Republic Services Solid Waste Haul and Disposal-Addendum No. 5 Contract Extension BackEround/Executive Summary: Mason County contracts with Republic Services to provide transportation of solid waste from the Eells Hill Transfer Station and disposal at Roosevelt Regional Landfill. This contract was originally signed in 1993 and expires August 26, 2023. The Board approved advertising a Request for Proposals(RFP) in April 2023 to start the procurement process in effort to have a new contract in place before the expiration of the current contract,however negotiations are still underway. Republic Services agrees to continue transport and disposal service under the current contract terms while the county negotiates. They propose utilizing Brady Trucking for hauling,which per contract could not occur until 90 days after notifying the County of the proposed change. Public Works requests the Board approve extending the current agreement for an additional year with an option for 6- month extension if needed. Budget Impact• The terms of the current contract will not change other than the expiration date. The haul and disposal fee are in the adopted 2023 budget and preliminary 2024 budget. Public Outreach: RFP was published in the Shelton Journal for two consecutive weeks. Requested Action: Request the Board set a special meeting before August 26,2023 to approve and execute Addendum No. 5 to the Solid Waste Export Services with Regional Disposal Company, extending the contract for an additional year. Attachments: 1. August 15,2023 Letter from Republic Services 2. Addendum No. 5—time extension REPUBLIC SERVICES August 15, 2022 Loretta Swanson Public Works Director Mason County Public Works Department 100 Public Works Drive Shelton, WA 98584 Re: 2023 Contract Extension Dear Ms. Swanson Republic Services have appreciated our long-term partnership with Mason County, and we are very interested in continuing it well into the future. Steve Gilmore communicated to you last week that Republic is willing to extend our current contract with Mason County for an additional year with no changes of those contract terms, and an additional six month bi-lateral extension. The only change will be the utilization of Brady Trucking out of Shelton rather than Lemay trucking out of Centralia for the trucking haul. This extension will provide savings to the County, as well as keep more money in the local economy and provide additional family wage jobs. If you need additional information regarding this proposal, please reach out to Steve Gilmore. We look forward to hearing from you. Sincerely, 9t�� r3a l:-19 a2 Jeff Barcenas General Manager Washington Post Collections Republic Services Cc: Mark Neary Richard Dickson Board of County Commissioners ADDENDUM NO. #5 FOR SOLID WASTE EXPORT SERVICES FOR MASON COUNTY The CONTRACT between COUNTY and CONTRACTOR is amended as follows: 1. The contract expiration date is changed from August 26, 2023 to August 26, 2024.The original contract allows the Contract to be changed, modified, amended or waivered by a written instrument signed by both parties. 2. Attached is the letter, dated August 15th from Republic Services specifying acceptance of time extension with no changes in current contract terms and utilization of Brady Trucking for truck hauling. 3. All other language of the original contract and addendums are not altered by this amendment remain in effect. Amendment dated this day of Au ust, 2023. BOARD OF COUNTY COMMISSIONERS REPUBLIC SERVICES: MASON COUNTY,WASHINGTON Ryan Lawler Sharon Trask, Chair APPROVED AS TO FORM: Tim Whitehead, CT'ieff DPA �r�ON CO& Mason County Administrator ' 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator August 21, 2023 Specific Items for Review CGI County Showcase video program—Mark Neary North Mason location for County services—Mark Neary Letter of support for the Recompete Coalition—Mark Neary Administrator Updates Commissioner Discussion Review Commissioners' calendars: o Cmmr. Trask out of office October 23 (Monday); October 24 (Tuesday);November 13 (Monday) o Cmmr. Shutty out of office September 7-15; October 30 (Monday);possibly November 21 (Tuesday); December 11 (Monday) To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: N Action Agenda: N Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: CGI Digital video project Background/Executive Summary: Mason County entered into an agreement with CGI on May 22, 2023 for their County Showcase Video Program. This Program provides a way for counties to effectively tell their story through the power of video at no cost. This program promotes the assets and attributes of counties through a series of custom videos that welcome new residents,recruit businesses, showcase sustainability efforts, promote workforce development, highlight quality of life and more. The finished content is placed on the County's official website, social media platforms and other local websites that aid in the promotion of the area. CGI Digital works in partnerships with the National League of Cities, US Conference of Mayors and is a Premier Corporate Partner of NACo. Click here for more information on our County Program: https://www.naco.org/sponsor/cgidigital CGI Digital does the outreach to the businesses to secure sponsorship participation. The business sponsorship is done concurrently with the video production. There is no minimum sponsor requirement and the program is cost free regardless of how many sponsors partake. CGI staff will be in Mason County to shoot the videos September 13-15,2023. The videos include a Welcome Video,Economic Development, Parks and Tourism. Budget Impact(amount,funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Video link will be placed on County's website. Requested Action: Welcome Video can be a County person or CGI will provide a voice over; ideas for other videos. Attachments COMMUNITY TIMELINE PRODUCTION ' WELCOME CALL You will receive a"Welcome Call"from your community program director(CPD).During your call,the CPD will �� � discuss your contract and go over the topic options for each chapter of your video tour.S/he will also discuss the "Sponsorship Campaign,"introduce you to your project producer,and schedule your production meeting with your producer. ► SCRIPTING Writing your script is the first step of the production process.During your production meeting,your producer will discuss each of the chapters you have chosen to include in your video tour.Based on this discussion,as well as any additional Information gathered while researching your community,the scriptwriter will formulate a one-minute script(about 135-140 words)for each chapter of your video.A series of scripts will be sent to you within 3-4 weeks,at which point your feedback will be needed as soon as possible either to approve the script,or to request any revisions.When reviewing your script,please keep in mind the message that you want the video to convey,as well as the details of your community that you most want to make known to people,to help ensure that your script aligns with these goals.Once the script is approved,it will move into two simultaneous phases: voice-over recording by a trained industry professional,and storyboarding by your producer,during which s/he will create the shot list that the videographer will use on the day of filming.Your filming date will be scheduled 6-8 weeks from the day of your production meeting. ram.... _ STORYBOARD/SHOT LIST Using the approved scripts,the producer will create the storyboard/"shot sheet"for your video tour.This will function as a blueprint of the images the videographer will be filming.(You will have a chance to review this prior or to its finalization.)An outline of your storyboard will be sent to you along with your approved script.We ask that you fill in the addresses of all locations included in your video(i.e.,the locations of all the shots that correspond with the final scripts).A first draft of a storyboard will be emailed to you for your review,at which point you will work with your producer to go over any desired changes.Once the storyboard is approved,you are good to go for your scheduled filming date. FILMING DATE all On the day of your shoot,the videographer will arrive at the time agreed upon with your producer during your / storyboard meeting.."`We provide one videographer,and ask that you provide a main contact person who will meet with your videographer on the first day of shooting to discuss shot locations and to act as a guide by accompanying the videographer to each location.We also ask that you make sure to notify the necessary parties at each shot location and receive security clearance as needed prior to the videographer's arrival.Throughout the filming process,the videographer will obtain all of the shots included on the storyboard.Please give the videographer the release forms for anyone whose face appears in the video. ...... . .. ' EDITING Once the shoot is completed,it will take 6-8 weeks to edit your commercial.You will then be e-mailed a proof of Mono■a your video tour for your review. 1-800-398-3029 1A.0 9L cgidigital.com COMMUNITY TIMELINE PROOFINGPROCESS E The proof page will present you with two options: Once we receive your revisions, we will forward them to the editing department and your 1.APPROVE:(Click the"I approve"button if you commercial will be revised as per your request. A are fully satisfied with your commercial) new proof will be sent to you via e-mail in one(1) 2. REVISE:(Type any desired revisions into the week, at which point you will again choose either to revisions box, then click on the"These are the approve the project, or to request further revisions. revisions I would like made"button) You will be allowed three(3) rounds of revisions. Please gather all revisions for each video and submit them all at once. 1 Once your videos have been approved,they will be Your community program director will contact you ready to go live. to answer any remaining questions you may have. You will then be sent your video tour link,which you can use to replace the M-Link"Coming Soon" spot on your website. 4..#gk�� :00 "a a • • ■ ■ ■ . C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21, 2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: North Mason Building Revisions to accommodate Sheriff's precinct Background/Executive Summary: Mason County is leasing the old North Mason Regional administrative building located on Old Belfair Hwy. We will be moving the North Precinct of the Sheriff s Office into the building before the end of this year. To accommodate the operational needs of the Sheriff s Office we will need to make some modifications to the building. Each commissioner had the opportunity to tour the existing facility with the Sheriff and some of his staff as well as our Facilities Manager to review the initial plan presented to the Commissioners. I received an alternative plan from Commissioner Trask that I would like to discuss with the entire Board. Budget Impact(amount, funding source,budget amendment): +/- $75,000 Public Outreach(news release,community meeting, etc.): Working with Planning and Development to get all of the necessary permits. Requested Action: Approve Facilities to move forward with selected plan. Attachments Drawings of the plans s � III t , r� w s L Ira'. Flo 1 1 - ` , I i I ! IL C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): August 21, 2023 Agenda Date: August 29,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Recompete Act Coalition Letter Background/Executive Summary: Mason County has been working through the coordination of Mason County Economic Development Council to put together information and materials that we will use to apply for the federal Recompete grant program. Leadership representing our major governmental entities and utility providers are working together to identify opportunity zones that are prime for economic development. Working together to establish a plan in a common geographic space will allow us to identify the necessary infrastructure improvements needed to initiate economic development within Mason County. I am asking the commissioners to sign the attached letter documenting the collective goal to support economic growth in Mason County. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approve and sign the attached letter. Attachments Mason County Coalition Letter 8.14(002).docx The below signed local leaders,business owners, utilities, and other members of the community stand united in our commitment to foster economic growth and prosperity in Mason County, Washington. We have formed a powerful coalition dedicated to uplifting our community through sustainable economic development initiatives. We recognize that our community faces a significant challenge, the prime-age employment gap. This issue not only affects our citizens but also hampers the overall economic growth and well-being of our community. Our vision is to bridge this gap and unlock the untapped potential of the prime-age workforce. By collectively supporting the Mason County coalition and its efforts to secure the Recompete grant, among other local, state, and federal opportunities, we can make significant strides in addressing this pressing need. The objectives of our coalition are crafted to address the prime- age employment gap and support the aspirations of our community members. • Enhancing Workforce Development: To empower our prime-age workforce, we will invest in comprehensive workforce development programs. These initiatives will equip individuals with relevant skills and qualifications, making them more employable in emerging industries and existing sectors. • Investing in Infrastructure: Modern and reliable infrastructure is essential for attracting businesses and industries that can provide employment opportunities. By advocating for infrastructure improvements and housing options for workers, we aim to create an environment conducive to business expansion and job creation. • Encouraging Public-Private Partnerships: Collaboration between the public and private sectors is vital for creating a thriving economy. By fostering meaningful partnerships, we can leverage resources and expertise to implement initiatives that specifically target prime-age employment needs. • Prioritizing Equitable Development: Our commitment to equitable development ensures that all members of our community have equal access to opportunities and benefits. We will proactively address disparities and strive to create an inclusive economy that leaves no one behind. By signing this letter, we express endorsement of our coalition's objectives and our collective goal to support economic growth in Mason County. Sincerely, [Signatories]