HomeMy WebLinkAbout2024/12/09 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
December 9, 2024
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
4�°�x aa��rA BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of December 9, 2024
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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, December 9, 2024
Zoom link available on the Mason County website
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. Historic Preservation Commission Interviews
10:20 A.M. Superior Court—Paddy McGuire
10:30 A.M. Public Health—David Windom
10:45 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
10:55 A.M. Support Services—Mark Neary
Commissioner Discussion—as needed
Commission meetings are live streamed at http://www.masonwebtv.com/and public comment is accepted
via email msmithkmasoncountywa.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 4:00 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 12/05/24 at 8:42 AM
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Paddy McGuire Ext:206
Department: Superior Court Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Convert Court Commissioner Contract Employee to Regular Employee
Background/Executive Summary:
Many years ago,the Court Commissioner position was part-time, and the person being hired required a
contract guaranteeing that the county would pay full benefits. The position is now full-time and is a
regular county employee, except the Board approves a contract annually. The Commission will need to
approve the position as a regular FTE. We have hired a new Commissioner effective January 1 and will
end the annual contract approval.
Budget Impact(amount, funding source,budget amendment, etc.):
None,the position is included in the Court's 2025 budget.
Public Outreach:
N/A
Requested Action:
Approval to create one full-time employee(FTE) Court Commissioner position in Superior Court.
Attachment(s)•
Contract
Position Description
COURT COMMISSIONER
PROFESSIONAL SERVICES AGREEMENT
This agreement is between Tirsa C. Butler (Commissioner) ,
and Mason County Superior Court (Court) and Mason County
(County) .
The parties to this agreement, in consideration of the
terms and conditions set out below, agree as follows :
Section One - Appointment of Commissioner
Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Tirsa
C. Butler as Court Commissioner for a term beginning January 1,
2024 and ending December 31, 2024, and she hereby accepts such
appointment and agrees to act as Court Commissioner pursuant to
the terms and conditions set forth herein.
Section Two - Responsibilities and Duties of Commissioner
1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before
entering upon the duties of such office, take and subscribe an
oath to support the Constitution of the United States, the
Constitution of the State of Washington, and to perform the
duties of such office fairly and impartially and to the best of
his or her ability.
2 . Commissioner shall perform his or her duties under the
direction of, and in accordance with the policies, procedures
and timelines established by the Court .
3. Commissioner' s work schedule shall be 40 hours per
week, normally to be scheduled during regular business hours of
Monday through Friday during the hours of 8 : 00 a.m. to 5 : 00 p.m.
Additional hours outside of regular court hours may be required
as otherwise scheduled.
4 . Commissioner shall regularly preside over court
dockets including but not limited to:
Therapeutic Courts
Involuntary Treatment Court
Probate/Guardianship
Domestic Relations
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT
Domestic Violence and Anti-harassment
Ex parte
5 . During the hours established by the work schedule
herein, Commissioner may also be required to perform other
duties, such as, (1) hear and decide civil, domestic, probate,
juvenile and/or adult criminal matters authorized by LCrR 4 . 2;
(2) review requests for temporary orders in domestic violence
petitions and other ex parte order requests; and (3) other
matters as arranged by the Court.
6. Commissioner will successfully complete the Washington
Judicial College and shall comply with Continuing Judicial
Education requirements as set out in GR 26.
Section Three - Compensation
Pursuant to RCW 2 .24 . 030, County agrees to pay Commissioner
for the work set out in the schedule herein a salary at the rate
of 850 of the salary of a Superior Court Judge. As of July 1,
2023 Commissioner' s rate of pay is as follows : $15, 398 . 53 per
month ($88 . 84 per hour) for a total annual salary of
$184, 782 . 35. As of July 1, 2024 Commissioner' s rate of pay is
as follows : $16, 168 . 49 per month ($93 . 28 per hour) for a total
annual salary of $194, 021 . 85 .
Section Four - Benefits/Deductions
Commissioner shall be eligible for all benefits available
to Mason County employees within Chapters 6 and 7 of the Mason
County Personnel Policies . Commissioner shall receive the same
insurance premium contribution as regular full-time employees .
Deductions by County from Commissioner' s pay will include
applicable taxes, an amount equal to an employee' s contribution
for applicable benefits and other deductions required by federal
and state law.
Section Five - Integration Clause
This agreement embodies the whole agreement between the
parties . This agreement shall supersede all previous
communications, representations or agreements, either verbal or
written, between the parties .
Section Six - Written Modification as Necessary
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT -
-1 —
There may be no modification of this agreement, except in
writing, executed with the same formalities as this instrument.
Section Seven - Termination
This agreement shall terminate immediately should
Commissioner not be in good standing with the Washington State
Bar Association. Additionally, Court or Commissioner may
terminate this agreement for any reason upon thirty (30) days
written notice delivered to the other party. Actual delivery by
Commissioner of a written notice to terminate to the Presiding
Judge will constitute notice.
Signed this `emu day of Signed this lq+6 day of
bar,mn�k , 2023: �)prPmb,- , 2023:
MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS
DAVID STEVENS, � �Judge SHARON TRASF
Chair
DANIEL LL, Judg
7
0 Y D g
b�
Signe this day of
�C , 2023 :
TIRSA C. BUTLER
Approved as to form:
MASON COUNTY PROSECUTOR' S OFFICE
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3
ACKNOWLEDGEMENT
I, Tirsa C. Butler, acknowledge receipt of a copy of Mason
County' s Non-Discrimination and Harassment Policy (chapter 12 of
the Personnel Policies) . I shall abide by this policy and that
of state and federal laws that preclude discrimination on the
basis of a person' s race, color, creed, religion, national
origin, ethnicity, age, sex, marital status, veteran' s status,
sexual orientation, or disability (known or perceived) .
Signed: Date:
TIRSA C. _'NUTLETZ
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4
POSITION DESCRIPTION
.0
Title: Court Commissioner Department: Superior Court
Affiliation: Non-Represented Supervises/Directs:
None
Reports to: Superior Court Judges
Exempt: X Non-Exempt:
Job Class: 1116 Risk Class: 5306-07 Salary Range: 85% of the Superior Court
Judicial Salary
JOB SUMMARY: The Court Commissioner is a regular full-time position appointed by the
Superior Court Judges. The Court Commissioner performs all duties and responsibility of a Court
Commissioner and Judge Pro Tem as assigned by the Judges of Superior Court pursuant to
RCW 2.24.040.
The Court Commissioner is fully accountable to the Judges of Superior Court for the efficient and
effective operation of all assigned duties and will be expected to maintain a cooperative working
relationship with all those who interact with the court.
Individual must apply a thorough and complete knowledge of the laws and procedures related to
court operations and administration. Requires a close working relationship with public officials
within County and State government, local agencies and the general public. Individual works
independently and receives administrative direction from the Judge of the Superior Court.
Powers of the Court Commissioner are specifically set forth in the RCW 2.24.040. In accordance
with applicable law, the Court Commissioner's duties will include, but are not limited to, presiding
over the following types of cases:
• Domestic Relations
• Domestic Violence & Anit-Harassment Protection Orders
• Involuntary Treatment Court
• Juvenile Offender
• Probate/Guardianships
• Therapeutic Courts
• Daily Civil Ex Parte
• Other matters the Court assigns
Ethics and Integrity: Respects and maintains confidentiality. Earns trust, respect and confidence
through honesty, forthrightness and professionalism in all interactions.
Est. 3.2021/Rev 1-11.2024
Valuing Diversity: Help create a work environment that embraces and appreciates diversity and
treats all with acceptance and respect; and values diverse perspectives
Communication: Effective communication skills to convey thought and information clearly and
concisely to a broad audience. Strong writing and editing skills
Relationship Building: Proven skills to create and maintain effective teams and partnerships
Multi-tasking: Proven multi-tasking skills with the ability to handle multiple assignments in various
stages simultaneously. Ability to work in a fast-paced environment with changing priorities
Analytical Skills: Analytical skills with exceptional attention to detail
ESSENTIAL JOB FUNCTIONS: (Any one position may not include all the duties listed nor do the listed
examples include all tasks which may be found in positions of this class.)
To perform this job successfully, the incumbent must be able to perform each essential function
satisfactorily. The requirements listed below are a representative of the knowledge, skills and/or
abilities required.
KNOWLEDGE, SKILLS AND ABILITIES:
Knowledge of:
The job assignment sufficient to perform thoroughly and accurately the full scope of responsibility
as illustrated by examples in the above job description
Relevant information, including applicable policies, procedures, laws and regulations
The judicial system, including but not limited to the above-described types of cases
Court rules, rules of evidence, and local court procedures and practices
Skill in:
Interpersonal relationships
Conflict resolution
Oral and written communications
Adapting to changes in workload demand
Working on multiple projects simultaneously
Responding to emergencies
Composing/generating and editing correspondence
Communicating with people of diverse backgrounds
Working in stressful environments
Prioritizing work
Ability to:
Demonstrate competency in required job skills and knowledge
Perform multiple tasks simultaneously under tight deadlines, prioritizing work and managing
own time
Keep abreast of current developments using available resources effectively always demonstrate
accuracy and thoroughness
Confront difficult situations while maintaining objectivity
Keep emotions under control
Establish and maintain effective relations
Est. 3.2021/Rev 1-11.2024
Objectively identify, analyze and interpret legal issues, principles, and arguments
Direct and control courtroom proceedings in a decisive, orderly, respectful, and equitable
manner, including exercising appropriate judicial temperament and demeanor
Effectively handling pressure in difficult and unexpected situations by responding in a calm and
rational manner
Communicate orally and in writing in a concise and effective manner
Effectively manage high volume court calendars including the requisite reading and preparation
associated with those calendars
Willingness to learn and use court-based technology
Possess excellent writing, legal research, and analytical skills
Quickly decide and issue rulings on matters taken under advisement
Work both independently as well as cooperatively, and be able to quickly transition between
different assignments and tasks
Meet attendance standards necessary for successful job performance
MINIMUM QUALIFICATIONS:
The qualifications for this office are set forth in RCW 2.24.010 and include the requirement that
applicants must be a U.S. citizen and member in good standing with the Washington State Bar
Association.
This position requires a bachelor's degree from an accredited four-year college or university, a
law degree from an American Bar Association accredited law school (or admission pursuant to
APR6), a license to practice law in the State of Washington and a minimum of five (5) years of
experience preferred. An emphasis on Juvenile and Family Law is desirable. The applicant
selected for this position must adhere to the Code of Judicial Conduct (CJC).
Valid Washington State driver's license
US Citizenship
Pass Background Check
WORKING CONDITIONS:
Duties are primarily performed in an office/court environment while sitting at a desk or computer
terminal. The duties require sitting, standing, and walking; visual acuity (which may be
corrected/assisted) to read and review written materials; and audio acuity (which may be
corrected/assisted)to hear spoken conversations. Physical exertion may be required to lift boxes,
equipment, and supplies ranging in weight from 10 to 40 pounds. Work beyond the normal
workday and/or weekends may be required. This position is designed "at will" under the
provisions of Mason County Personnel Policies, Section 1 .2
The incumbent works in the capacity of a confidential employee and is required to maintain
confidentiality with regard to a broad range of matters including, but not limited to: employee
performance, the management of protected health information, and matters protected by the
attorney— client privilege. Any breach of this requirement of employment may result in immediate
discipline, up to and including termination.
Elected Official Signature of Approval:
Date:
Est. 3.2021/Rev 1-11.2024
Human Resources Director or Designee Signature of Approval:
Date:
I have read and understand the above position description:
Name: Date:
Signature:
Est. 3.2021/Rev 1-11.2024
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Paddy McGuire Ext:206
Department: Superior Court Briefing:
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): Click or tap here to enter text.
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Two Full-Time Court Commissioners in Superior Court from January 1 —January 12, 2025
Background/Executive Summary:
Timing for the end of Judge Goodell's term will require two full-time Court Commissioners from January
1 to January 12,2025. RCW 2.08.070 sets the term of office for Superior Court Judges from the second
Monday in January. Judge Goodell will resign on December 31,2024 so Tirsa Butler must remain as
Commissioner until she becomes a Judge on January 13,2025. The Court has hired Jason Kinn as a full-
time Commissioner effective January 1, so there will be a short period when we have two full-time
Commissioners. HR and Payroll have been advised of the situation.
Budget Impact(amount,funding source,budget amendment, etc.):
Minimal since we will not pay the county portion of Judge Goodell's salary during this short period.
Public Outreach:
N/A
Requested Action:
Informational only.
Attachment(s)•
. • MASON COUNTY
Public Health & Human Services
Briefing
December 9, 2024
Briefing Items
Consolidated Contract(CONCON)—David Windom
— Environmental Health fee increase—Casey Bingham
Treatment Sales Tax (TST) Law Enforcement Co-Responder contracts—Melissa Casey
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: David Windom Ext:260
Department: Public Health Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: 0 Finance ❑ Human Resources 0 Legal ❑ IT N Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
State of Washington Department of Health Consolidated Contract
Background/Executive Summary:
This is the biannual base agreement with the Department of Health(DOH)to which budget amendments
are made throughout the course of the biennium.
Budget Impact(amount,funding source,budget amendment, etc.):
None in this portion of the contract.
Public Outreach:
N/A
Requested Action:
Approval for the Public Health and Human Services Director to sign the Consolidated Contract
(CONCON)between the Washington State Department of Health(DOH) and Mason County Public
Health and Human Services.
Attachment(s)•
Contract
DOH CONTRACT#: CLH32059
January 1, 2025 — December 31, 2027
CONSOLIDATED CONTRACT
Between
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
And
Mason County Public Health & Human Services
Page 1 of 18
DOH CONTRACT#: CLH32059
Table of Contents
1. Purpose.....................................................................................................................................3
2. Statements of Work.................................................................................................................3
3. Exhibits....................................................................................................................................3
4. Definitions ...............................................................................................................................3
5. Funding and Billing.................................................................................................................4
6. Contract Management..............................................................................................................5
7. Access to Records....................................................................................................................5
8. All Writings Contained Herein................................................................................................5
9. Assignment..............................................................................................................................5
10. Assurances...............................................................................................................................5
11. Confidential Information.........................................................................................................6
12. Ethics and Conflict of Interest.................................................................................................6
13. Debarment Certification ..........................................................................................................6
14. Disputes ...................................................................................................................................7
15. Equipment Purchases...............................................................................................................7
16. Governing Law and Venue......................................................................................................7
17. Independent Capacity ..............................................................................................................7
18. Insurance..................................................................................................................................7
19. Licensing, Accreditation, and Registration..............................................................................7
20. Maintenance of Records..........................................................................................................7
21. Modifications and Waivers......................................................................................................8
22. No Third-Party Rights Created................................................................................................8
23. Nondiscrimination ...................................................................................................................8
24. Order of Precedence.................................................................................................................8
25. Ownership of Material/Rights in Data.....................................................................................8
26. Public Records Act..................................................................................................................8
27. Publications..............................................................................................................................9
28. Responsibility for Actions.......................................................................................................9
29. Recapture.................................................................................................................................9
30. Loss or Reduction of Funding.................................................................................................9
31. Severability..............................................................................................................................9
32. Subcontracts.............................................................................................................................9
33. Subrecipient.............................................................................................................................9
34. Survivability.............................................................................................................................9
35. Term.......................................................................................................................................10
36. Termination for Convenience................................................................................................10
37. Termination for Default.........................................................................................................10
38. Termination Procedure ..........................................................................................................10
Standard Federal Certifications and Assurances........................................................................12
Federal Assurances-Non-Construction Programs....................................................................17
2025-2027 Consolidated Contract Page 2 of 18
DOH CONTRACT#: CLH32059
CONSOLIDATED CONTRACT
between
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
(Referred to as'°DOH")
and
MASON COUNTY PUBLIC HEALTH&HUMAN SERVICES
(Referred to as"LHJ")
for
THE DELIVERY OF PUBLIC HEALTH SERVICES
FOR THE PERIOD OF
January 1,2025 through December 31,2027
1. Purpose
This Contract is entered into in accordance with RCW 43.70.512, RCW 43.70.515,the general statutory powers of the
Secretary of the Department of Health (DOH), including but not limited to RCW 43.70.020 and RCW 43.70.040, the
general statutory powers of local health jurisdictions (LHJs), and RCW 70.05.060, RCW 70.05.070, RCW 70.08.020,
and RCW 70.46.060, the authority forjoint or cooperative action provided for under RCW 39.34, and any LHJ home
rule charter authority. The propose of this Contract is to define the parties' joint and cooperative relationship. The
contract and all Statements of Work adopted under its provisions are intended to facilitate the delivery of public health
services to the people in Washington State. This Contract is the result of cooperative planning efforts between the LHJ
and DOH and establishes the terms for reimbursement for services funded by state and federal grants.
2. Statements of Work
The individual program activities, requirements, and outcomes/deliverables to be achieved by the parties under this
Contract shall be mutually agreed to and issued as Exhibit A, Statements of Work, subsequent to the execution of this
Contract.The LHJ shall furnish the necessary personnel,equipment,material and/or services and otherwise do all things
necessary for or incidental to the performance of the work as set forth.
3. Exhibits
This Contract shall incorporate mutually agreed to and issued amendments throughout the Contract term, as the
following Exhibits:
• Exhibit A-Statements of Work
• Exhibit B—Allocations
• Exhibit C—Federal Grant Awards Index
4. Definitions
As used throughout this Contract and unless amended for a particular Statement of Work,the following terms shall have
the meanings set forth below:
"Assistance Listing Number":The unique identifying code assigned to a federal assistance program which identifies
the awarding agency.
"Budget, Accounting, and Reporting System (BARS)": The system designed by the State Auditor's office for
collecting,consolidating,and reporting financial budgeting and accounting information from all local governmental
units.
"Client": An agency, firm, organization, individual or other entity applying for or receiving services provided by
the LHJ under this Contract.
"Confidential Information": Information protected from disclosure under federal or state law.
2025-2027 Consolidated Contract Page 3 of 18
DOH CONTRACT#: CLH32059
"Contract Coordinator": Each party's designated contact for at] notices required or permitted under this Contract.
"Contracting Officer": The DOH Contracts and Procurement Office Director and his/her delegates within that
office authorized to execute this agreement on behalf of DOH.
"Contractor": An entity that provides goods or services to DOH and others. A contractor normally operates its
business in a competitive environment, provides its goods and/or services to many different purchasers during
normal business hours, and is not subject to the compliance requirements of the federal program.
"Equipment": When used in this Contract is defined as an article of non-expendable, tangible property other than
land, buildings, or fixtures which is used in operations and having a useful life of more than one year and an
acquisition cost of$5,000 or more(State),$10,000 or more(Federal),or as otherwise stated.
"Federal Assistance": Assistance provided by a federal agency in the form of grants, contracts, loans, loan
guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not
include direct federal cash assistance to individuals.
"Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act)": A federal act to make
information available online so the public can see how federal funds are spent.
Fixed Assets": Fixed assets are property and/or equipment obtained through donation,gift,purchase,capital lease,
or construction with a service life of more than one year.
"Program Contact": Each party's designated contact for those purposes identified in the Program Contacts List
resource, respective to each Statement of Work.
"Subcontractor": Any individual or group contracted with the LHJ to perform all or part of the services included
in this Contract. This term will also apply to situations where an LHJ's subcontractor contracts with another
individual or group to perform all or part of the services included in its agreement with the LHJ.
"Subrecipient" or "Subgrantee": A non-federal entity that receives a subaward of federal grant money or goods
directly or indirectly from DOH and makes decisions regarding who can receive what federal assistance; has its
performance measured against the objectives contained in the DOH agreement with the federal government;makes
decisions on how to operate the program to accomplish the program goals;has the obligation to comply with federal
Subrecipient requirements; and/or use federal funds to carry out a program for the public purpose specified in the
authorizing statute.
5. Funding and Billing
A. DOH shall pay the LHJ for services as set forth in Exhibit A, Statements of Work,not to exceed funding amounts
as detailed in Exhibit B,Allocations(as executed).
The LHJ will advise the DOH Program Contact identified for a respective Statement of Work in writing 90 calendar
days prior to the end of the funded period, or as soon as practicable thereafter, if the LHJ anticipates not using all
Contract funding.
B. If the Exhibit A, Statement of Work, is supported by federal funds that require compliance with FFATA (the
Transparency Act), the corresponding checkbox on the Statement of Work will be checked.
C. Total consideration for this Contract shall be modified by mutually agreed to amendments issued on a periodic
basis.
The LHJ will submit accurate and timely billings which, for clarity and consistency,will be prepared using the A19
form provided and following the instructions located on the DOH Sharepoint page for LHJs. DOH will authorize
payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in
the Statement of Work and/or budget.
2025-2027 Consolidated Contract Page 4 of 18
DOH CONTRACT#: CLH32059
D. The LHJ will submit a DOH BARS Financial Report on a DOH-provided template by April 15th for the prior
calendar year.
6. Contract Management
Unless otherwise specified in the Contract,the following individuals are the contacts("Contract Coordinators")for all
notices required or permitted under this Contract:
LHJ Contract Coordinator: DOH Contract Coordinator:
Name: David Windom Name: Brenda Henrikson/Shannon May
Title: Public Health Director Title: Contracts Specialist
Mailing Address: Mailing Address:
2300 Kati Court, Suite A PO Box 47905
Shelton, WA 98584 Olympia, WA 98504-7905
Physical Address: Physical Address:
Same as above 111 Israel Rd SE
Olympia,WA 98504-7905
Phone: 360-427-9670 Phone: 360-236-3933/360-236-3946
Email Address: Email Address:
dwindom@inasoncountywa.gov masoncountywa.gov brenda.henrikson@doh.wa.gov
shannon.inay@doh.wa.gov
doh.wa.gov
A party may change its Contract Coordinator or its Program Contact by providing written notice to the other party.
DOH Program Contacts can be found in the Program Contacts List resource.
7. Access to Records
To the extent authorized by applicable federal and state law, the parties shall provide access to records relevant to this
Contract to each other, the Joint Legislative Audit and Review Committee, the State Auditor, and authorized federal
officials, at no additional cost. Inspections shall occur at reasonable times and upon reasonable notice.
8. All Writings Contained Herein
This Contract contains all the terns and conditions agreed upon by the parties. No other understandings,oral or otherwise,
regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. The individuals
signing this Contract, and subsequent amendments certify by their signatures that they are authorized to sign this
Contract on behalf of their respective entity.
9. Assignment
Except for subcontracting as authorized in this Contract, the LHJ shall not assign or delegate, in whole or in part, this
Contract or any of its rights, duties, obligations, or responsibilities, without the prior written consent of DOH's
Contracting Officer, which consent shall not be unreasonably withheld.
10. Assurances
The parties agree that all activity pursuant to this Contract shall be in accordance with all applicable current federal,
state, and local laws, rules, and regulations.
The LHJ acknowledges its agreement to comply with federal certifications and assurances by signing and returning the
following:
I. Standard Federal Certifications and Assurances(page 12)
2. Federal Assurances for Non-Construction Programs(page 17)
I
2025-2027 Consolidated Contract Page 5 of 18
i
DOH CONTRACT#: CLH32059
11. Confidential Information
The parties agree to comply with all state and federal statutes and regulations relating to Confidential Information. DOH
and LHJ will limit access to the Confidential Information to the fewest number of people necessary to complete the
work. Everyone having access to Confidential Information covered by this Contract must agree to protect the
confidentiality of the information.
Either party to this Contract may designate certain Confidential Information as "Confidential Information/Notice
Requested." The designation shall be made by clearly stamping,watermarking, or otherwise marking each page of the
Confidential Information. If a third-party requestor seeks information that has been marked "Confidential
Information/Notice Requested," notice shall be given to the marking party prior to release of the information. Such
notice shall be provided to the program contact no less than five (5) business days prior to the date of disclosure, to
allow the party objecting to disclosure to seek a protective order from the proper tribunal.
DOH and LHJ agree to establish, document, and maintain security practices and safeguards consistent with state and
federal laws, regulations, standards, and guidelines to prevent unauthorized access, use, or disclosure of Confidential
Information in any form. In accordance with federal and state contracting requirements, DOH may monitor, audit, or
investigate LHJ management of Confidential Information relating to this Contract. Working together, the LHJ and
DOH may use any and all tools available to track Contract related Confidential Information.
If one of the parties becomes aware of an actual or suspected breach of confidentiality, that party will promptly notify
the Contract Coordinator for the other patty of the facts. The parties will work within their respective organizations to
take any steps necessary to determine the scope of the breach and to restore reasonable security to the Confidential
Information. Both parties agree to mitigate any known harmful effects of a breach in confidentiality,including notifying
affected individuals to the extent required by law. The parties will also reasonably cooperate with law enforcement as
appropriate.
12. Ethics and Conflict of Interest
Both parties and their officers shall comply with all ethics laws and procurement standards applicable to their activities
under this Contract, including RCW 42.23 and RCW 42.52, and 2 CFR 200.318, and as subsequently amended. The
LHJ must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions
of its employees engaged in the selection, award, and administration of subcontracts. The LHJ must comply with the
following minimum requirements:
No employee, officer, or agent may participate in the selection, award, or administration of a subcontract supported by
a grant award if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the
employee,officer, or agent, any member of their immediate family,their partner,or an organization which employs or
is about to employ any of the parties indicated herein, has a financial or other interest in or a
tangible personal benefit
g
from a firm considered for a contract. The officers, employees, and agents of the LHJ may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts and must comply with
Chapter 39.26.020 RCW. However, LHJ may set standards for situations in which the financial interest is not
substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers,employees, or agents of the LHJ.
If a violation occurs and is not cured within a reasonable time after notice,the other party shall have the right to terminate
this Contract. This section is expressly subject to section 14. Disputes, in this Contract.
13. Debarment Certification
The LHJ, by signing this Contract, certifies that the LHJ is not presently debarred, suspended,proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Contract by any federal department or agency.
The LHJ also agrees to include the above requirement in all subcontracts into which it enters. The LHJ will notify DOH
of any such events that may occur during the term of the Contract.
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14. Disputes
Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by
direct negotiation,the parties agree to participate in good faith in non-binding mediation. The mediator shall be chosen
by agreement of the parties. If the parties cannot agree on a mediator,the parties shall use a mediation service located
in Washington State that selects a qualified mediator for the parties. Each party shall bear its own costs for mediation
and each party shall contribute equally to the mediator's fee,if any. The parties agree that mediation shall precede any
action in a judicial tribunal.
Nothing in this contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute
resolution method in addition to the dispute resolution procedure outlined above.
15. Equipment Purchases
Equipment purchased by the LHJ for use by the LHJ or its subcontractors during the term of this Contract using federal
funds, in whole or in part, shall be the property of the LHJ. The use,management and disposal of the equipment must
comply with federal requirements. These requirements are found in the Office of Management and Budget's(OMB's)
Uniform Guidance,Title 2 Code of Federal Regulations Part 200(2 CFR 200)-Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, or are included in the federal funding agency's
regulations. Equipment purchased by the LHJ for use by the LHJ or its subcontractors during the term of this Contract
using non-federal funds, in whole or in part, shall be the property of the LHJ unless noted otherwise in the respective
Statement of Work.
16. Governing Law and Venue
The laws of the state of Washington govern this Contract,venue shall be proper only in Thurston County,Washington.
17. Independent Capacity
The employees or agents of each party who are engaged in the performance of this Contract shall continue to be
employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other
party.
18. Insurance
The LHJ certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverages sufficient to cover
obligations under this Contract. Each party shall pay for losses for which it is found liable. The LHJ agrees to require all
subcontractors to maintain insurance in types and with limits as may be determined by the LHJ and/or its risk manager,
unless the LHJ and DOH agree otherwise.
19. Licensing,Accreditation, and Registration
The LHJ shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements
and standards,necessary for the performance of this Contract.
20. Maintenance of Records
Each party to this Contract shall maintain books, records, documents, and other evidence that sufficiently and properly
reflect all direct and indirect costs expended by it. All books, records, documents, and other material relevant to this
Contract will be retained for six(6)years after expiration unless otherwise required for longer period. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been resolved.
Each patty will use reasonable security procedures and protections to ensure that records and documents provided by
the other party are not erroneously disclosed to third parties. Both parties agree to continue protecting records in
accordance with Section 11. Confidential Information, until such time as the information is destroyed in accordance
with applicable state and federal records retention laws.
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21. Modifications and Waivers
This Contract, or any term or condition,may be modified only by a written amendment signed by the DOH Contracting
Officer and the authorized representative for the LHJ. Either party may propose an amendment. However, any state or
federal law, regulation, or grant funding requirement, including anything amended after the fact,that must be included in
order to receive or expend the grant funding is hereby incorporated by reference, and may be documented by letter
amendment from DOH to the LHJ.
Failure or delay on the part of either party to exercise any right, power, privilege, or remedy provided under this Contract
shall not constitute a waiver.No provision of this Contract may be waived by either party except in a writing signed by the
DOH Contracting Officer or the authorized representative of the LHJ.
22. No Third-Party Rights Created
This Contract, or any program hereunder, is entered into solely for the benefit of the two parties thereto and shall not
be construed as giving rise to any right, remedy or expectancy of any kind or nature on the part of any third party.
23. Nondiscrimination
During the performance of this Contract,the LHJ and DOH shall comply with all federal and state nondiscrimination laws,
regulations, and policies. In the event of the LHJ's noncompliance or refusal to comply with any nondiscrimination law,
regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part, and the LHJ may be
declared ineligible for further contracts with DOH. The LHJ shall,however, be given a reasonable time in which to cure
this noncompliance. Any dispute may be resolved in accordance with the"Disputes"procedure set forth herein.
24. Order of Precedence
In the event of an inconsistency in the terms of this Contract,or between its terms and any applicable statute or rule,the
inconsistency shall be resolved by giving precedence in the following order:
• Applicable state and federal statutes,and local laws, rules, regulations, and funding requirements.
• Terms and conditions of this Contract.
• Statements of Work.
• Any other provisions of this Contract, including other materials incorporated by reference.
25. Ownership of Material/Rights in Data
Records and other documents relevant to this Contract, in any medium, furnished by one party to this Contract to the
other party, will remain the property of the furnishing party, unless otherwise agreed. Data which is delivered under
the Contract shall be transferred to DOH with a nonexclusive, royalty-free, perpetual, irrevocable license to publish,
translate, reproduce, modify, deliver, perform, dispose of, and to authorize others to do so; provided that such license
shall be limited to the extent which the LHJ has a right to grant such a license. The LHJ shall exert all reasonable effort
to advise DOH, at the time of delivery of data furnished under this Contract, of all known or potential invasions of
privacy contained therein and of any portion of such document which was not produced in the performance of this
Contract. DOH shall receive prompt written notice of each notice or claim or copyright infringement received by the
LHJ with respect to any data delivered under this Contract. DOH shall have the right to modify or remove any restrictive
markings placed upon the data by the LHJ,provided that if DOH modifies or removes such markings without the LHJ's
approval, it assumes all liability for doing so.
26. Public Records Act
Notwithstanding Sections 11 or 18,the parties to this contract are public bodies subject to the Public Records Act,RC W
42.56 (PRA). Under the PRA, all materials relating to the conduct of government or the performance of any
governmental or proprietary function prepared,owned,used, or retained by a public body or its functional equivalents
are considered public records. The PRA requires that public records responsive to a public records request be promptly
produced unless the PRA or an "other statute" exempts such records from production.This Contract is not intended to
alter any parry's obligations under the PRA. The parties agree that if one party receives a public records request
(receiving party) for files that may include confidential information under General Terms and Conditions Section I
(Confidentiality/Safeguarding of Information), the receiving party will notify the other party of the request and of the
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date that the records will be released to the requester unless the other party obtains a court order enjoining disclosure.
If the other party fails to obtain the court order enjoining disclosure, the receiving party may release the requested
information on the date specified.If the other party obtains a court order from a court of competent jurisdiction enjoining
disclosure pursuant to the PRA, the receiving party shall maintain the confidentiality of the information per the court
order.
27. Publications
Any program reports, articles, and publications that result from information gathered through use of state and federal
funds must acknowledge receiving support from DOH and/or the appropriate federal agencies. Correspondingly, such
documents resulting from information gathered through use of local funds must acknowledge receipt of such local
support.
28. Responsibility for Actions
Each party to this Contract shall be solely responsible for the acts and omissions of its own officers, employees, and
agents in the performance of this Contract. Neither party to this Contract will be responsible for the acts and omissions
of entities or individuals not party to this Contract. DOH and the LHJ shall cooperate in the defense of tort lawsuits,
when possible.
29. Recapture
In the event that the LHJ fails to perform this contract in accordance with state or federal laws,and/or the provisions of
this Contract, DOH reserves the right to recapture funds in an amount to compensate DOH for the noncompliance,
including the amount of any grant funds administered pursuant to this contract.
30. Loss or Reduction of Funding
In the event funding from state,federal,or other sources is withdrawn,reduced,or limited in any way after the effective
date of this contract and prior to normal completion, DOH may elect to suspend or terminate the contract, in whole or
in part, under the "Termination for Convenience" clause with a ten (10) business day notice to LHJ, to the extent
possible, subject to renegotiation at DOH's discretion under those new funding limitations and conditions.
31. Severnbility
If any term or condition of this Contract is held invalid, such invalidity shall not affect the validity of the other terms or
conditions of this Contract, provided,however,that the remaining terms and conditions can still fairly be given effect.
32. Subcontracts
Unless specifically noted as not allowable within a Statement of Work,the LHJ may subcontract any or all the services
or other obligations specified in this Contract. The LHJ will require the subcontractor to comply with all the applicable
terms and conditions of this Contract, including all terms, conditions,certifications, and assurances. The LHJ agrees it
is responsible for assuring adequate performance on the part of the subcontractor.
The parties agree that all subcontractors must be responsible for any liabilities created by their actions or omissions. In
the event DOH,LHJ, and subcontractor are found by a jury or trier of fact to be jointly and severally liable for personal
injury damages arising from any act or omission,then each entity shall be responsible for its proportionate share.
33. Subrecipient
For those activities designated as"subrecipient"in Exhibit A,Statements of Work,the LHJ must comply with applicable
federal requirements, including but not limited to OIv113's Uniform Guidance at 2 CFR 200, Subparts D (Post Federal
Award Requirements), E (Cost Principles) and F (Audit Requirements), and program specific federal regulations, and
as any of these requirements may subsequently be amended. If the LHJ expends $1,000,000 or more in federal grants
or awards from all sources, it is responsible for obtaining the required single audit.
34. Survivability
The terms and conditions contained in this Contract, which by their sense and context are intended to survive the
expiration of the Contract,shall survive. Surviving terms include,but are not limited to:Access to Records,Confidential
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DOH CONTRACT#: CLH32059
Information, Disputes, Responsibility for Actions, Maintenance of Records, Ownership of Material/Rights in Data,
Subcontracts, Recapture, Termination for Convenience,Termination for Default, and Termination Procedure.
35. Term
This Contract will be in effect following execution by the parties from January 1, 2025 through December 31, 2027,
unless terminated earlier as provided herein.
36. Termination for Convenience
Except as otherwise provided in this Contract, either party may terminate or suspend this Contract, or any program
hereunder, for convenience by providing at least thirty(30)days' advance written notice to the other party.
If DOH elects to suspend the Contract, in whole or in part,LHJ shall stop work as of the effective date of DOH's written
notice of suspension. During suspension, each Party will reasonably notify the other of any conditions that may affect
resumption of performance. Upon DOH's written notice to resume performance, LHJ shall resume work unless the
LHJ provides notice to DOH that services cannot be resumed. If LHJ cannot resume performance, the Contract or
affected Exhibit A, Statement of Work, will be deemed terminated upon the date the LHJ received notice to suspend
performance.
37. Termination for Default
(a) In the event of a default by either party under this Contract, the nondefaulting patty may give written notice to the
defaulting party that it intends to terminate this Contract,or any program hereunder,if the default is not cured within
thirty(30)days of the date of the notice,or such longer period of time as may be reasonable under the circumstances.
If the default is not cured within that time, the nondefaulting party may then notify the defaulting patty in writing
that this Contract is terminated. In the event of such termination, the nondefaulting patty shall have all rights and
remedies available to it under general law.
(b) A disputed termination for default is expressly subject to the Disputes section of this Contract.
38. Termination Procedure
Upon termination DOH may require the LHJ to deliver to DOH any non-LHJ-owned equipment,data,or other property
specifically produced or acquired for the performance of such part of this Contract as has been terminated.
DOH shall pay to the LHJ the agreed upon price, if separately stated, for completed work and services accepted by
DOH. In addition, DOH shall pay the amount determined by DOH's Contracting Officer for(a) completed work and
services for which no separate price is stated, (b)partially completed work and services, (c) other property or services
which are accepted by DOH, and (d) the protection and preservation of the property. Disagreement by the LHJ with
the determination of DOH's Contracting Officer that relates to the obligations or amounts due to the LHJ shall be
considered a dispute within the meaning of the "Disputes" clause of this Contract. DOH may withhold from any
amounts due the LHJ for such completed work or services such sum as DOH's Contracting Officer reasonably
detennines to be necessary to protect DOH against potential loss or liability. The rights and remedies of DOH provided
in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or wider this
Contract.
After receipt of a written notice of termination,the LHJ shall:
• Stop work under the Contract on the date and to the extent specified in the notice.
• Place no further orders or subcontracts for materials,services,or facilities, except as necessary to complete such
portion of the work not terminated.
• Assign to DOH, to the extent reasonably directed by DOH's Contracting Officer and to the extent that the LHJ
has the legal right to do so, all of the right, title, and interest of the LHJ under the orders and subcontracts in
which case DOH has the right, at its reasonable discretion, to settle or pay any or all claims arising out of the
termination of such orders and subcontracts.
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DOH CONTRACT#: CLH32059
• Settle all outstanding liabilities and all claims arising out of orders or subcontracts, with the approval or
ratification of DOH's Contracting Officer to the extent he/she may reasonably require, which approval or
ratification shall be final for all the purposes of this clause.
• Transfer title to DOH and deliver, as reasonably directed by DOH's Contracting Officer, any property which, if
the Contract had been completed, would have been required to be furnished to DOH.
• Complete performance of such part of the work not terminated by DOH's Contracting Officer;and,
• Take such action as may be necessary,or as DOH's Contracting Officer may reasonably direct,for the protection
and preservation of the property related to this Contract, which is in the possession of the LHJ, or its
subcontractors, and in which DOH has or may acquire an interest.
IN WITNESS WHEREOF, the parties have executed this Contract.
MASON COUNTY PUBLIC HEALTH &HUMAN STATE OF WASHINGTON
SERVICES DEPARTMENT OF HEALTH
Signature: Signature:
Title: Title:
Print Name: Print Name:
Date: Date:
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DOH CONTRACT#: CLH32059
Standard Federal Certifications and Assurances
Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part)
agreements administered by the Washington State Department of Health, including but not limited to Exhibit A Statements
of Work designated as"subrecipient"
CERTIFICATIONS
1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her
knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and
its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal Department or agency.
B. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public(Federal, State, or local)transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements,or receiving stolen property;
C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State,
or local)with commission of any of the offenses enumerated in paragraph(b)of this certification; and
D. Have not within a three-year period preceding this contract had one or more public transactions(Federal, State,
or local)terminated for cause or default.
Should the contractor not be able to provide this certification, an explanation as to why should be placed after the
assurances page in the contract.
The contractor agrees by signing this contract that it will include, without modification, the clause titled Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions in all
lower tier covered transactions(i.e.,transactions with sub-grantees and/or contractors)and in all solicitations for lower
tier covered transactions in accordance with 45 CFR Part 76.
2. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
The undersigned authorized official signing for the contracting organization)certifies that the contractor
g ( acto will or will
g g g g ) >
continue to,provide a drug-free workplace in accordance with 45 CFR Part 76 by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition.
B. Establishing an ongoing drug-free awareness program to inform employees about:
1) The Dangers of drug abuse in the workplace.
2) The contractor's policy of maintaining a drug-free workplace.
3) Any available drug counseling,rehabilitation, and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
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C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of
the statement required by paragraph 1) above.
D. Notifying the employee in the statement required by paragraph I), above, that, as a condition of employment
under the contract,the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction.
E. Notifying the agency in writing within ten (10) calendar days after receiving notice under paragraph D. 2)from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every contract officer or other designee on whose contract activity the
convicted employee was working,unless the Federal agency has designated a central point for the receipt of such
notices.Notice shall include the identification number(s)of each affected grant.
F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph D. 2) with
respect to any employee who is so convicted:
I) Taking appropriate personnel action against such an employee,up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended;or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency.
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(A), (B), (C), (D),(E), and (F).
For purposes of paragraph(E) regarding agency notification of criminal drug convictions, DOH has designated
the following central point for receipt of such notices:
Compliance and Internal Control Officer
Department of Health—Office of Financial Services
PO Box 47901
Olympia,WA 98504-7901
3. CERTIFICATION REGARDING LOBBYING
Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain
Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative
agreements from using Federal(appropriated)funds for lobbying the Executive or Legislative Branches of the Federal
Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each
person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with
non-Federal(non-appropriated)funds.These requirements apply to grants and cooperative agreements EXCEEDING
$100,000 in total costs(45 CFR Part 93).
The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her
knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract,grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
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III
DOH CONTRACT#: CLH32059
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying
Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying
Activities," its instructions, and continuation sheet are included at the end of the application form.)
C. The undersigned shall require that the language of this certification be included in the award documents for all
subcontracts at all tiers(including subcontracts, subcontracts, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by
Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than$10,000 and not more than$100,000 for each such failure.
4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT(PFCRA)
The undersigned (authorized official signing for the contracting organization)certifies that the statements herein are
true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious,
or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The
undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions
of award if a contract is awarded.
5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in
any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for
the provision of health,day care,early childhood development services,education or library services to children under
the age of 18, if the services are funded by Federal programs either directly or through State or local governments,by
Federal grant, contract,loan,or loan guarantee. The law also applies to children's services that are provided in indoor
facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's
services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service
providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons
are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity.
By signing the certification, the undersigned certifies that the contracting organization will comply with the
requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision
of services for children as defined by the Act.
The contracting organization agrees that it will require that the language of this certification be included in any
subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly.
The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the
non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental
health of the American people.
6. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - INSTRUCTIONS FOR
CERTIFICATION
By signing and submitting this certification, the prospective contractor is providing the certification set out below.
A. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot
provide the certification set out below.The certification or explanation will be considered in connection with the
department or agency's determination whether to enter this transaction. However, failure of the prospective
contractor to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
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DOH CONTRACT#: CLH32059
B. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter this transaction. If it is later determined that the prospective contractor
knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,
the department or agency may terminate this transaction for cause of default.
C. The prospective contractor shall provide immediate written notice to the department or agency to whom this
contract is submitted if at any time the prospective contractor learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
D. 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
meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.You
may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations.
E. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be
entered,it shall not knowingly enter any lower tier covered transaction with a person who is debarred,suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by
DOH.
F. The prospective contractor further agrees by submitting this contract that it will include the clause titled
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transaction,provided by HHS,without modification,in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction,unless it knows that the certification is erroneous.A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List of excluded parties at https://sam.gov/contentihome.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in
good faith the certification required by this clause.The knowledge and information of a participant is not required
to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph F.of these instructions,if a participant in a covered transaction
knowingly enters a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, DOH may terminate this transaction for cause or default.
7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS-PRIMARY COVERED TRANSACTIONS
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 contract been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,
or performing a public(Federal, State or local)transaction or contract tinder a public transaction;violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records,making false statements, or receiving stolen property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State,or local)with commission of any of the offenses enumerated in paragraph A.2.of this certification;and
4) Have not within a three-year period preceding this contract had one or more public transactions (Federal,
State,or local)terminated for cause or default.
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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.
AUTHORIZED SIGNATURE REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
PLEASE PRINT OR TYPE NAME: DATE
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DOH CONTRACT#: CLH32059
Federal Assurances—Non-Construction Programs
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time
for reviewing instructions,searching existing data sources, gathering,and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project(0348-0040), Washington,DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND
BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your projector program. If you have questions,please contact
the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the contractor, I certify that the contractor:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial capability
(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management, and
completion of the project described in this application.
2. Wil I give the awarding agency,the Comptroller General of the United States,and if appropriate,the State,through any
authorized representative, access to and the right to examine all records, books, papers, or documents related to the
award; and will establish a proper accounting system in accordance with generally accepted accounting standards or
agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. §4728-4763)relating to prescribed standards
for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's
Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of
the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C.
§794), which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975, as amended
(42 U.S.C. § 6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment
Act of 1972(P.L.92-255), as amended,relating to nondiscrimination on the basis of drug abuse;(f)the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g) §523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. §290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and Q) the requirements of any other
nondiscrimination statute(s)which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles 11 and III of the uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired because of Federal or federally assisted programs.These requirements
apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
2025-2027 Consolidated Contract Page 17 of 18
DOH CONTRACT#: CLH32059
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. § 1501-1508 and 7324-7328) which limit
the political activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §276a to 276a-7),the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. § 874)and the Contract Work Hours and Safety Standards Act(40 U.S.C. §327-333),
regarding labor standards for federally assisted construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (c) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. § 1451 et seq.); (f)conformity of Federal actions to State (Clear Air)Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h)protection
of endangered species under the Endangered Species Act of 1973, as amended,(P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.)related to protecting components
or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.).
14. Will comply with P.L.93-348 regarding the protection of human subjects involved in research,development,and related
activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131 et seq.)
pertaining to the care, handling, and treatment of warm-blooded animals held for research,teaching,or other activities
supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §4801 et seq.)which prohibits the use of
lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
requirements in OMB Uniform Guidance at 2 CFR 200, Subpart F, and any subsequent amendment.
18. Will comply with 2 CFR 200.216, and any subsequent amendment—Prohibition on certain telecommunications and
video surveillance services or equipment.
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies
governing this program.
AUTHORIZED SIGNATURE REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
PLEASE PRINT OR TYPE NAME: DATE
2025-2027 Consolidated Contract Page 18 of 18
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Casey Bingham Ext: 562
Department: Public Health Briefing: ❑X
Action Agenda: ❑X
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Environmental Health Fees
Background/Executive Summary:
This is the inform the Commissioners of the 2025 fee schedule for Environmental Health. Adjustments
were previously made with Resolution no. 70-13. A CPI-U of 2.4%was used for the calculations.
Budget Impact(amount, funding source,budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Approval of the Resolution approving the Mason County Public Health and Human Services 2025
Environmental Health Fee Schedule.
Attachments)
Resolution
Fee Schedule
RESOLUTION NO. _70 -
TO AMEND RESOLUTION NO. 145-08
ENVIRONMENTAL HEALTH FEES
WHEREAS,the provision of public health services and activities within Mason Comity
requires the collection of fees to compliment other sources of revenue,
WHEREAS, it is the role and responsibility of Mason County Board of County
Commissioners to set policy for Mason County Public Health concerning the funding of public
health programs and activities in Mason County and to set fees accordingly,
WHEREAS,the Mason County Board of health met on November 26,2013 and
reviewed and deliberated on the appropriate fees for public health goods and services, and
WHEREAS,the proposed Environmental Health Fees for 2014 were approved by the
Mason County Board of Health on November 26, 2013,
THEREFORE,IT IS ESTABLISHED THAT Mason County Public Health,
Environmental Health Fees are amended for 2014 as shown in Attachment A,effective January 1,
2014.
IT IS FURTHER ESTABLISHED THAT Mason County Public Health, Environmental
Health Fees will be increased each year after 2014 by the amount of the July to July Consumer
Price Index(CPIU)—All Urban Consumers with a maximum increase of 5%.
APPROVED this -7`AA day of 'MG• ,2013.
BOARD OF COUNTY COMMISSIONERS
'
Randy p eatherlin, Chai rson
i
Terri Jeffre ,W o missioner
Tim Sheldon,Commissioner
ATTEST:
Mindi Brock, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead,Chief Civil Deputy Prosecuting Attorney
Resolution No.
RESOLUTION AMENDING RESOLUTION NO. 70-13
FOR THE 2025 ENVIRONMENTAL HEALTH FEES
WHEREAS, the provision of public health services and activities within Mason County requires
the collection of fees to compliment other sources of revenue; and,
WHEREAS,it is the role and responsibility of the Mason County Board of County Commissioners
to set policy for Mason County Public Health and Human Services concerning the funding of public health
programs and activities in Mason County and to set fees,accordingly; and,
THEREFORE, IT IS ESTABLISHED THAT, Mason County Public Health and Human Services
Environmental Health fees are amended for 2025 as shown in Attachment A, effective January 1, 2025;
and,
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby declare that the Mason County Public Health and Human Services Environmental Health
fees will be increased by the amount of the July-to-July Consumer Price Index(CPI-U)of 2.4%.
DATED this 17t1i day of December,2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board Randy Neatherlin,Chair
APPROVED AS TO FORM:
Kevin Shutty,Vice-Chair
Tim Whitehead,Chief Deputy Prosecuting
Attorney Sharon Trask,Commissioner
Mason County Public Health and Human Services Page 1 of 5
2025 Environmental Health Fee Schedule
Drinking Water Program
Plan Review
Private 2 Party $295 $305
3-14 Connections $690 $705
Existing System Approval $495 $505
Re-submittal $a65 $165
Well Construction Permit $2-95 $305
Well Decommissioning $3-95 $405
Well Site Inspection $2-50 $255
Re-inspection $160 $165
Group B or Individual Sanitary Survey $46`5 $470
Water System Health Letter $954hF 100
WaiverNariance $295 $305
Water Adequacy Review- See building permit plan review
Technical Assistance (per hour) $95/hfr 1 100
Appeal $4-95 $205
School Inspection
Plan review (per hour) $95/hr $100/hr
Pre-school $95/hr $100/hr
Elementary School $05/hr $100/hr
Middle School $95/hr $100/hr
High School $05/hf $100/hr
Day Care $95/hr $100/hr
Technical Assistance (per hour) $95/-4r $100/hr
Water Recreation Facility
Year-round Operation $495 $505
Additional pool or spa $95 $100
SeasonalOperation $3-05 $405
Additional pool or spa $50 $50
TechnicalAssistance (per hour) $95/hr $100/hr
Vector
Process& ship vector specimen $50 $50
i
Solid Waste Program
Municipal Landfill
Application $95/hr $100/hr
Renewal $460 $470
Closure/ Post Closure $460 $470
Transfer Station, Moderate Risk Waste Facility
Application $530 $540
Renewal $395 $405
Per Ton (Fee set by resolution) $1.50
Monofill, Inert Disposal/Landfill
Application $5-95 $610
Mason County Community Services- Environmental Health
415 N. 6th Street-Shelton, WA 98584
360-427-9670, ext. 400
Mason County Public Health and Human Services Page 2 of 5
2025 Environmental Health Fee Schedule
Renewal $395 $405
Closure/ Post Closure $33A $335
Woodwaste, Woodwaste recycling, Composting,
Limited purpose landfill, Medical Incinerator, Waste to energy,
Treatment facility
Application $73A $745
Renewal $460 $470
Closure/Post Closure $345 $325
Piles, Surface Impoundments
Application $395 $405
Renewal $295 $305
Tire Pile, Recycling,Conditional Exempt Waste Facility, Drop Box
Application $395 $405
Renewal $2-95 $305
Non-inert Construction Demo Landfill
Application $930 $945
Renewal $539 $540
Closure/ Post Closure $365 $370
Energy Recovery/Inceneration
Application $5-0220 $5,125
Renewal $4-,7-9A $1,830
Technical Assistance (per hour) $95/hr $100/hr
Waiver $2-95 $305
Appeal $495 $200
Hazardous Material Cleanup
Illegal Drug Lab
Plan Review $295 $305
Per hour over 3 hours $951hr $100/hr
I
Food Service Permit Fees
Restaurants
Complex Large $895 $915
Complex Small $59A $600
Non-complex Large $395 $405
Non-complex Small $295 $305
Taverns
Complex Large $895 $915
Complex Small $595 $610
Non-complex (no Food) $295 $305
Mobiles
Complex $590 $600 f
Non-complex $295 $305
Kitchens
Large $295 $305
Small $2G5 $210
Confectionery $295 $210
Espresso $285 $210
Bed & Breakfast $2A5 $210
Mason County Community Services- Environmental Health
415 N. 6th Street- Shelton, WA 98584
360-427-9670, ext. 400
Mason County Public Health and Human Services Page 3 of 5
2025 Environmental Health Fee Schedule
Bake $2-95 $305
School/Jail Food Service
Central Kitchen $295 $305
Satellite Kitchen $2-N $210
Headstart/Preschool $2-50 $255
Re-inspections
Initial $95 $100
Follow-up $465 $165
Technical Assistance per hour) $95/h $100/hr
Plan Review (per hour $954 r $100/hr
Appeal/Office Conference $4-95 $200
Catering
Off Premises Vending - Licensed Restaurant $2-05 $210
Catering with Commessa Only $295 $305
Grocery/Markets
0-3 Checkstands Base fee $295 $305
4+ Checkstands Base fee $350 $355
For Each Department Add:
Bakery $95 $100
Meat $95 $100
Seafood $95 $100
Deli $ 59 $155
Espresso $95 $100
Food Handlers Card (fee set by State) $a-0 $10
Duplicate for Lost Food Handlers Card $3 $3
Temporary Food Event
Low Risk Foods Regular Tax Exem 1
Single Event $50 50 $35 $35
Multiple up to 21 days $95 100 $75 $80
Farmer's Market $55 85 $65 $65
Moderate Risk Foods
Single Event $95 100 $75 $80
Multiple up to 21 days $ -95 200 $450 $160
Farmer's Market $4-&5 190 $U5 $140
High Risk Foods
Single Event $ 50 155 $120
Multiple up to 21 days $295 305 $22-5 $235
Farmer's Market $2W 290 $22-0 $230
Expedited Food Permit Additional 50% of fee
Land Use Fees
BLA (office review) $159 $155
Large Lot Subdivision
Application fee $460 $470
Per Parcel fee $35 $40
Short Subdivision $460 $470
Subdivision
Application fee $690
Mason County Community Services- Environmental Health
415 N. 6th Street-Shelton, WA 98584
360-427-9670, ext. 400
Mason County Public Health and Human Services Page 4 of 5
2025 Environmental Health Fee Schedule
Per Parcel fee $35 $40
Other review (per hour) $95/hf $100/hr
Pre-application meeting - Major EH Plan Review $265 $270
Change in Tennant- Minor EH Plan Review $-145 $140
Building Plan Review/Change of Use- Onsite Sewage: $140
Building Plan Review/Change of Use- Drinking Water Availability: $140
Water Resource Inventory Area WRIA) Fee, set by State) $500
Technical Assistance per hour $95/hf $100/hr
Licensed Onsite Professionals
Certified Installer
Annual $2-95
Certified Pumper
Inspection <1 hour, additional time billed per hour $95 $100/hr
Annual $2-95 $305
Certified O&M Specialist
Annual $295 $305
Washington State DOL Certified Designer
Inclusion on Mason County list-Annual Listing $35 $40
Onsite Sewage System Fees
Individual permit $540 $555
Installation $265 $270
Extension $1-65 $165
Homeowner install - in addition to installation fee $22-5 $230
Tank Only $265 $270
Community/Commercial $1,260 $1,285
Base + hourly rate > 8 hrs
Per connection (payable with design submittal $465 $165
Re-inspection/Re-submittal $145 $165
I
Winter Observation $5-95 $610
EH Review (Non-refundable) CRT
Water $265 $270
Septic $265 $270
Both $445 $450
Property Evaluation $365 $370
Dye Test (supplies extra) $95/hr $100/hr
Appeal $1-95
WaiverNariance
Staff/EH $1-95 $200
Health Officer/DOH/Director $2-95 $305
Technical Assistance per hour) $95/hr $100/hr
Other EH Fees
Technical Assistance all EH Programs $95/hr $100/hr
Fee for copies (set by State) $0.15
SEPA (set by DCD
Filing fees Fee set by Auditor)
Mason County Community Services- Environmental Health
415 N. 6th Street-Shelton, WA 98584
360-427-9670, ext. 400
Mason County Public Health and Human Services Page 5 of 5
2025 Environmental Health Fee Schedule
Scanning fee (per document/ ermit 10
�p p $
Operating without a permit Double permit fee
Technology Surcharge set by DCD for electronicpermitting)
I
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I
i
i
i
1
i
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I
Mason County Community Services- Environmental Health
415 N. 6th Street-Shelton, WA 98584
360-427-9670, ext. 400
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Melissa Casey Ext:404
Department: Public Health Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): 12/9/24 Agenda Date(s): 12/17/24
Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ IT ❑X Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
FY25 Contract—Law Enforcement Co-Responder Program
Background/Executive Summary:
The Law Enforcement Co-Responder Program is a partnership between the Mason County Sheriff's
Office and Olympic Health and Recovery Services(OHRS) through which Certified Peer Counselors,
Crisis Clinicians, and Designated Crisis Responders conduct outreach, support,and assessment in
collaboration with and as directed by law enforcement.This program provides effective crisis de-
escalation, diversion from the criminal justice system,and connection to behavioral health services and
resources. This reduces the burden on the criminal justice system by allowing law enforcement to
prioritize emergency response accordingly and by decreasing arrests and jail admissions for individuals in
behavioral health crisis.
Budget Impact(amount,funding source,budget amendment, etc.):
Treatment Sales Tax- $180,000
Public Outreach:
Followed contract extension/renewal process outlined in Treatment Sales Tax Policies&Procedures;
reviewed and recommended for renewal by Housing and Behavioral Health Advisory Board
Requested Action:
Approval of FY25 Law Enforcement Co-Responder Program contract
Attachment(s)•
FY25 Co-Responder Program contract
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT #
This CONTRACT is made and entered into by and between Mason County, hereinafter
referred to as "COUNTY" and Olympic Health & Recovery Services, hereinafter referred
to as "CONTRACTOR."
Contracted Entity Olympic Health & Recovery Services OHRS
Address 670 Woodland Square Loop SE, Suite 301
City, State, Zip Code 360-763-5828
Phone Lacey, WA 98503
Primary Contact: Name, Title Joe Avalos, OHRS Administrator
Primary Contact: E-mail 360-819-3305
0oe.avalos tmbho.or
Washington State UBI# 603-569-721
Federal EIN 47-5326968
Total Award/Contract Value $180,000
Contract Term January 1, 2025 — December 31, 2025
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 Randy Neatherlin, Chair
Authorized Signature Date
APPROVED AS TO FORM:
Print Name & Title
Date Tim Whitehead, Chief DPA
Professional Services Contract (rev 01/2024) 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
b. Certificate of Insurance (see requirements Exhibit B)
Funding Source: Treatment Sales Tax (RCW 82.14.460)
General Terms and Conditions
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 RCW 82.14.460 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.
Professional Services Contract (rev 01/2024) Page 2
Debarment Certification:
The CONTRACTOR, by signature to this contract, certifies that the CONTRACTOR is
not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded in any Federal department or agency from participating in
transactions.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be
made and performed pursuant to this CONTRACT by the CONTRACTOR as an
independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is
specified in Exhibit C Budget and the CONTRACTOR is not entitled to any benefits
including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental,
or other insurance benefits, or any other rights or privileges afforded to employees of
COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of
business, serves clients other than COUNTY, will report all income and expense
accrued under this CONTRACT to the Internal Revenue Service, and has a tax account
with the State of Washington Department of Revenue for payment of all sales and use
and Business and Occupation taxes collected by the State of Washington.
CONTRACTOR will 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.
Professional Services Contract (rev 01/2024) Page 3
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:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be
as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in
Exhibit C, by documentation of units of work 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
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 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.
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.
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.
Professional Services Contract (rev 01/2024) Page 4
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this
CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon
written notice, withhold from amounts otherwise due and payable to CONTRACTOR,
without penalty, until such failure to perform is cured or otherwise adjudicated.
Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to
termination or damages, provided that COUNTY promptly gives notice in writing to the
CONTRACTOR of the nature of the default or failure to perform, and in no case more
than ten (10) days after it determines to withhold amounts otherwise due. A
determination of the Administrative Officer set forth in a notice to the CONTRACTOR of
the action required and/or the amount required to cure any alleged failure to perform
shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this
CONTRACT. COUNTY may act in accordance with any determination of the
Administrative Officer which has become conclusive under this clause, without prejudice
to any other remedy under the CONTRACT, to take all or any of the following actions:
(1) cure any failure or default, (2) to pay any amount so required to be paid and to
charge the same to the account of the CONTRACTOR, (3) to set off any amount so
paid or incurred from amounts due or to become due the CONTRACTOR. In the event
the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or
damages shall accrue to CONTRACTOR by reason of good faith withholding by
COUNTY under this clause.
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.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT,
CONTRACTOR or any of its employees involved in the performance of this CONTRACT
shall have or develop an interest in the subject matter of this CONTRACT that is
potentially in conflict with the COUNTY's interest, then CONTRACTOR shall
immediately notify COUNTY of the same. The notification of COUNTY shall be made
Professional Services Contract (rev 01/2024) Page 5
with sufficient specificity to enable COUNTY to make an informed judgment as to
whether or not COUNTY's interest may be compromised in any manner by the
existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY
may also terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges
of employment for all qualified applicants and employees without regard to race, color,
creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or
veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination
against any employee or applicant for employment on the grounds of race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran
status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and
treated during employment, without regard to their race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status, except
where such constitutes a bona fide occupational qualification. Such action shall include,
but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay
or other forms of compensation benefits, selection for training including apprenticeship,
and participation in recreational and educational activities. In all solicitations or
advertisements for employees placed by them or on their behalf, CONTRACTOR shall
state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that
the foregoing provision shall not apply to contracts or sub-contractors for standard
commercial supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion,
national origin, sex, age, marital status, sexual orientation, disability, or veteran status;
or deny an individual or business any service or benefits under this CONTRACT; or
subject an individual or business to segregation or separate treatment in any manner
related to his/her/its receipt any service or services or other benefits provided under this
CONTRACT; or deny an individual or business an opportunity to participate in any
program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal
to or performing work or providing supplies to COUNTY, and CONTRACTOR further
promises that it will not in the future, directly or indirectly, induce or solicit any person or
Professional Services Contract (rev 01/2024) Page 6
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 product including; plans, 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.
CONTRACTOR will pay those costs and damages attributable to any such claims that
are finally awarded against COUNTY in any action. Such defense and payments are
conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of
such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain
for COUNTY the right to continue using the information, in the event such claim of
infringement, is made, provided no reduction in performance or loss results to
COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or
an order entered by a court after having acquired jurisdiction over COUNTY.
CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding
seeking disclosure of such information. CONTRACTOR shall indemnify and hold
harmless COUNTY, its officials, agents or employees from all loss or expense,
including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs
resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor.
COUNTY or its designee shall have the right to review and monitor the financial and
service components of this 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,
Professional Services Contract (rev 01/2024) Page 7
agency, or governmental unit whose purpose is to review the services provided within
the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then
CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the
requirements detailed in "Exhibit B Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned
upon the CONTRACTOR's strict compliance with all insurance requirements under this
CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-
compliance. Upon receipt of evidence of full compliance, payments not otherwise
subject to withholding or set-off will be released to CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY,
its officers, agents and employees, CONTRACTOR expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its employees and agrees that the obligations to indemnify, defend and hold harmless
provided in this CONTRACT extend to any claim brought by or on behalf of any
employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this
CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT
shall be binding upon CONTRACTOR, unless otherwise specifically provided herein
with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment
shall render CONTRACTOR liable for damages to COUNTY. A commitment includes,
but is not limited to, any representation made prior to execution of this CONTRACT,
whether or not incorporated elsewhere herein by reference, as to performance of
services or equipment, prices or options for future acquisition to remain in effect for a
fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law,
CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments,
elected and appointed officials, employees, agents and volunteers, harmless from and
against any and all claims, damages, losses and expenses, including but not limited to
court costs, attorney's fees and alternative dispute resolution costs, for any personal
injury, for any bodily injury, sickness, disease or death and for any damage to or
destruction of any property (including the loss of use resulting there from) which 1) are
caused in whole or in part by any act or omission, negligent or otherwise, of the
CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly
arising out of, resulting from, or in connection with performance of this CONTRACT; or
Professional Services Contract (rev 01/2024) Page 8
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.
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 and 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
Professional Services Contract (rev 01/2024) Page 9
Fax: 360-427-7787
E-mail: mcaseyCcD.mason countywa.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(a-).mason countywa.gov
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,
Professional Services Contract (rev 01/2024) Page 10
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
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,
Professional Services Contract (rev 01/2024) Page 11
arising out of, or related to this CONTRACT or otherwise, including issues of specific
performance, shall be determined by arbitration in Shelton, Washington, under the
applicable American Arbitration Association (AAA) rules in effect on the date hereof, as
modified by this CONTRACT. There shall be one arbitrator selected by the parties
within ten (10) days of the arbitration demand, or if not, by the AAA or any other group
having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply
substantive law and may award injunctive relief, equitable relief (including specific
performance), or any other remedy available from a judge, including expenses, costs
and attorney fees to the prevailing party and pre-award interest, but shall not have the
power to award punitive damages. The decision of the arbitrator shall be final and
binding and an order confirming the award or judgment upon the award may be entered
in any court having jurisdiction. The parties agree that the decision of the arbitrator
shall be the sole and exclusive remedy between them regarding any dispute presented
or pled before the arbitrator. At the request of either party made not later than forty-five
(45) days after the arbitration demand, the parties agree to submit the dispute to
nonbinding mediation, which shall not delay the arbitration hearing date; provided, that
either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or
issue for which arbitration is commenced, regardless of the date of discovery or whether
the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising
more than six (6) years prior to a written request or demand for arbitration issued under
this Agreement are not subject to arbitration.
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
Professional Services Contract (rev 01/2024) Page 12
any other covenants or contracts, but the same shall be and remain in full force and
effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal
Office of Management and Budget (OMB) circulars and federal and state executive orders.
B. 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
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and
attached hereto, represents the entire CONTRACT between the parties and supersedes
any prior oral statements, discussions or understandings between the parties.
Professional Services Contract (rev 01/2024) Page 13
EXHIBIT A
SCOPE OF SERVICES
Program: Mason County Law Enforcement Co-Responder Program
Program Description:
Olympic Health and Recovery Services will partner with the Mason County Sheriff's Office
(MCSO) to provide co-responder services to engage with individuals experiencing behavioral
health crises that do not rise to the level of need for incarceration. CONTRACTOR will respond
with MCSO to identified behavioral health crisis situations and intervene to connect individuals
to resources and services to mitigate future crises.
Services include identification and screening of individuals with behavioral health and social
service needs, referrals and connection to behavioral health treatment and social service
resources, assistance in obtaining basic resources, outreach and support to individuals seen on
a recurring basis, short term case management, and coordination of service delivery.
A. CONTRACTOR will recruit, hire, and maintain four staff positions, two Crisis Clinicians
and two Peer Specialists, with duties, functions, and qualifications as described below:
a. Job Title: Crisis Clinician (BA)
b. Job Title: Peer Specialists — Crisis
c. All positions are maintained by Olympic Health & Recovery Services
Program Expectations:
A. CONTRACTOR will cultivate contacts and establish and maintain positive, effective,
collaborative working relationships with Mason County Sheriff's Office personnel, other
law enforcement agencies, emergency medical response agencies, court systems,
community leaders, Mason County Public Health & Human Services, federal, state,
regional and local agencies, homeless shelters, area community service and faith-based
groups, staff of state and local hospitals and health providers in an effort to care for and
assist individuals with chronic behavioral health disorders and in need of social services.
• Develop a network of working relationships with, Designated Crisis Responders
(DCR), Mason County Jail, behavioral health treatment providers, emergency
housing providers, and other social services providers.
• Serve as a liaison with other County departments, divisions, outside agencies,
and the community. Participate in systems planning, including representation on
various committees.
• Establish and maintain a rapport with the population served.
• Provide information, consultation, and referral.
• Respond to requests for information about available services for individuals who
are homeless, individuals with behavioral health disorders, and those with other
human and social service needs. Make referrals to appropriate service providers
and coordinate service delivery.
• Assist the target population served with obtaining basic resources such as
shelter, food, medical services, behavioral health treatment, jobs and other social
and human services as needed.
• Develop and maintain a housing resource list.
Professional Services Contract (rev 01/2024) Page 14
• Assist with relocations.
• Provide outreach, engagement and liaison support to those people that are seen
on a recurring basis which may require short term intensive case management.
Facilitate services for high-need individuals across all involved systems of care.
• Monitor contact behaviors and progress, provide assistance toward attaining pre-
determined goals, and schedule appointments.
• Promote best practices in treatment approaches, support systems, and
interventions. Meet with and interview contacts, families, and other care
providers to assess needs and eligibility of services. Advocate needs of contacts
within and outside system; liaise between contact, caregivers, and service
providers. Provide client-level and system-wide troubleshooting and advocacy.
• Follow-up with identified individuals in an effort to bridge gaps between police
and/or emergency medical contacts and social service providers.
• Consult with other agency professionals on difficult cases.
• Develop and recommend procedures for identifying and screening people with
social service needs.
• Establish and administer maps of camp locations for service providers and the
Mason County Sheriff's Office.
• Study and analyze program participation. Prepare recommendations and a yearly
report for improvement of existing and development of new programs. Review
statistical data and identify future trends. Collect and prepare data for status
reports and a monthly outcome summary.
• Prepare memos, correspondence, records and reports related to social services
activities.
• Develop, recommend, plan, initiate and organize programs, policies, procedure
and projects that will assist in efficiently addressing the human and social service
needs of the target population served within the Mason County community.
• Provide training to officers on social service resources.
• Manage limited resources to maximize efficiencies and effectiveness of services
provided.
• Facilitate transport for person(s) in need of assistance to appropriate facilities.
• May attend and testify at court hearings and other legal proceedings.
• Perform related work and special projects as assigned.
B. CONTRACTOR will oversee subcontracted services and will work in partnership with the
Mason County Sheriff's Office. Subcontracted services will work in coordination with law
enforcement, emergency medical response agencies, court systems, community
leaders, government agencies, treatment providers, housing providers, and other social
service providers.
C. CONTRACTOR will supply the Crisis Clinicians and Peer Specialists with all necessary
equipment and software to carry out the functions of their position. This includes, but is
not limited to, a computer and a phone.
D. COUNTY will provide the Crisis Clinicians and Peer Specialists with a workspace and
access to internet at Mason County Sheriff's Office.
E. The Crisis Clinicians and Peer Specialists must work 40 hours per week excluding
holidays recognized by CONTRACTOR.
Professional Services Contract (rev 01/2024) Page 15
• The Crisis Clinicians' and Peer Specialists' schedules will be set by
CONTRACTOR with input from COUNTY.
• The Crisis Clinicians and Peer Specialists should attend all CONTRACTOR staff
meetings, in-services, or other critical organizational meetings.
Performance/Reporting and Deliverables:
The CONTRACTOR will collect data and report on the following measures on a quarterly basis.
Performance measures and targets are subject to change under the authorization of the
COUNTY.
Co-Responder with MCSO
The following demographics should be collected for every
unduplicated client served for the contract year, including clients
who carried over from the previous year and all new enrollments for
the contract year. Reported in the 4tn quarter only.
• Gender Identity (Male, Female, Transgender, Other
Identity, choose not to respond)
• Age Group (0-14, 15-17, 18-24, 25-54, 55+ years old)
Demographics Race (White, Black or African American, Asian, American
Indian or Alaska Native, Native Hawaiian or Other Pacific
Islander, Multiple Races, Other, choose not to respond)
• Ethnicity (Non-Hispanic/Non-Latino, Hispanic/Latino,
choose not to respond)
• Zip Code (98501, 98502, 98503, 98506, 98512, 98513,
98516, 98530, 98531, 98576, 98579, 98589, 98597,
HOW Transient/ Homeless, Other, choose not to respond)
MUCH? Number of The number of new clients referred to the program during the Referrals quarter.
The number of clients who received program services each quarter,
including clients who were enrolled at the start of each quarter
(caseload carryover) and all new clients each quarter. Clients re-
admitted to the program after a formal exit are considered new
enrollments.
Clients served • Receive program services: Eligible clients are contacted by
program staff.
• Eligibility: Individuals have been referred by TCSO or other
partners as having behavioral health and or social service
needs.
• Target: 25 in-person outreaches per week
The number of clients who were referred to other services (e.g.,
HOW Referred to Other Law Enforcement Assisted Diversion, housing, behavioral health
WELL? Services assessment or treatment, case management or other services).
Professional Services Contract (rev 01/2024) Page 16
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 01/2024) Page 17
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 01/2024) Page 18
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 01/2024) Page 19
EXHIBIT C
BUDGET
Submit monthly payment request and ledger electronically to Melissa Casey
mcasey(a-masoncountywa.gov
Olympic Health &
Recovery Services Annualized Total
4.0 FTE Staff Wages & Benefits $335,637
Training/Travel/Supplies $28,000
Admin (10%) $36,364
Total Program Costs $400,001
Treatment Sales Tax Total $180,000
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.
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.
Payment will be considered timely within 30 days of receipt of invoice.
Professional Services Contract (rev 01/2024) Page 20
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Melissa Casey Ext:404
Department: Public Health Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): 12/9/24 Agenda Date(s): 12/17/24
Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ IT N Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
FY25 Contract—Northwest Resources 11 Social Opportunity Services(SOS)Program
Background/Executive Summary:
The Social Opportunity Services (SOS)Program provides recovery support services as well as care
coordination to individuals that are experiencing Substance Use Disorder and/or Mental Health issues and
are subsequently navigating the local criminal justice system,therapeutic courts, and re-entry programs.
The SOS program works in partnership with other peers,case managers, and local agencies working
within the current Mason County Behavioral Health Response System to better support individuals on
their path to recovery, and by doing so,will contribute to a reduction in recidivism.
Budget Impact(amount,funding source,budget amendment, etc.):
Treatment Sales Tax- $169,003.24
Public Outreach:
Followed contract extension/renewal process outlined in Treatment Sales Tax Policies&Procedures;
reviewed and recommended for renewal by Housing and Behavioral Health Advisory Board
Requested Action:
Approval of FY25 Northwest Resources 11 SOS Program contract
Attachment(s)•
FY25 NWRII SOS Program contract
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT #
This CONTRACT is made and entered into by and between Mason County, hereinafter
referred to as "COUNTY" and Northwest Resources II, hereinafter referred to as
"CONTRACTOR."
Contracted Entity Northwest Resources II
Address 2708 Westmoor CT SW
City, State, Zip Code Olympia, WA 98506
Phone 360-943-8810
Primary Contact: Name, Title Dennis Neal
Primary Contact: E-mail nwrii(@hotmail.com
Washington State UBI# 601-619-511
Federal EIN 91-1678289
Total Award/Contract Value $169,003.24
Contract Term January 1, 2025 — December 31, 2025
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 Randy Neatherlin, Chair
Authorized Signature Date
APPROVED AS TO FORM:
Print Name & Title
Date Tim Whitehead, Chief DPA
Professional Services Contract (rev 01/2024) 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
b. Certificate of Insurance (see requirements Exhibit B)
Funding Source: Treatment Sales Tax (RCW 82.14.460)
General Terms and Conditions
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 RCW 82.14.460 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.
Professional Services Contract (rev 01/2024) Page 2
Debarment Certification:
The CONTRACTOR, by signature to this contract, certifies that the CONTRACTOR is
not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded in any Federal department or agency from participating in
transactions.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be
made and performed pursuant to this CONTRACT by the CONTRACTOR as an
independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is
specified in Exhibit C Budget and the CONTRACTOR is not entitled to any benefits
including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental,
or other insurance benefits, or any other rights or privileges afforded to employees of
COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of
business, serves clients other than COUNTY, will report all income and expense
accrued under this CONTRACT to the Internal Revenue Service, and has a tax account
with the State of Washington Department of Revenue for payment of all sales and use
and Business and Occupation taxes collected by the State of Washington.
CONTRACTOR will 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.
Professional Services Contract (rev 01/2024) Page 3
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:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be
as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in
Exhibit C, by documentation of units of work 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
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 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.
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.
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.
Professional Services Contract (rev 01/2024) Page 4
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this
CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon
written notice, withhold from amounts otherwise due and payable to CONTRACTOR,
without penalty, until such failure to perform is cured or otherwise adjudicated.
Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to
termination or damages, provided that COUNTY promptly gives notice in writing to the
CONTRACTOR of the nature of the default or failure to perform, and in no case more
than ten (10) days after it determines to withhold amounts otherwise due. A
determination of the Administrative Officer set forth in a notice to the CONTRACTOR of
the action required and/or the amount required to cure any alleged failure to perform
shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this
CONTRACT. COUNTY may act in accordance with any determination of the
Administrative Officer which has become conclusive under this clause, without prejudice
to any other remedy under the CONTRACT, to take all or any of the following actions:
(1) cure any failure or default, (2) to pay any amount so required to be paid and to
charge the same to the account of the CONTRACTOR, (3) to set off any amount so
paid or incurred from amounts due or to become due the CONTRACTOR. In the event
the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or
damages shall accrue to CONTRACTOR by reason of good faith withholding by
COUNTY under this clause.
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.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT,
CONTRACTOR or any of its employees involved in the performance of this CONTRACT
shall have or develop an interest in the subject matter of this CONTRACT that is
potentially in conflict with the COUNTY's interest, then CONTRACTOR shall
immediately notify COUNTY of the same. The notification of COUNTY shall be made
Professional Services Contract (rev 01/2024) Page 5
with sufficient specificity to enable COUNTY to make an informed judgment as to
whether or not COUNTY's interest may be compromised in any manner by the
existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY
may also terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges
of employment for all qualified applicants and employees without regard to race, color,
creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or
veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination
against any employee or applicant for employment on the grounds of race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran
status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and
treated during employment, without regard to their race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status, except
where such constitutes a bona fide occupational qualification. Such action shall include,
but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay
or other forms of compensation benefits, selection for training including apprenticeship,
and participation in recreational and educational activities. In all solicitations or
advertisements for employees placed by them or on their behalf, CONTRACTOR shall
state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that
the foregoing provision shall not apply to contracts or sub-contractors for standard
commercial supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion,
national origin, sex, age, marital status, sexual orientation, disability, or veteran status;
or deny an individual or business any service or benefits under this CONTRACT; or
subject an individual or business to segregation or separate treatment in any manner
related to his/her/its receipt any service or services or other benefits provided under this
CONTRACT; or deny an individual or business an opportunity to participate in any
program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal
to or performing work or providing supplies to COUNTY, and CONTRACTOR further
promises that it will not in the future, directly or indirectly, induce or solicit any person or
Professional Services Contract (rev 01/2024) Page 6
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 product including; plans, 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.
CONTRACTOR will pay those costs and damages attributable to any such claims that
are finally awarded against COUNTY in any action. Such defense and payments are
conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of
such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain
for COUNTY the right to continue using the information, in the event such claim of
infringement, is made, provided no reduction in performance or loss results to
COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or
an order entered by a court after having acquired jurisdiction over COUNTY.
CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding
seeking disclosure of such information. CONTRACTOR shall indemnify and hold
harmless COUNTY, its officials, agents or employees from all loss or expense,
including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs
resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor.
COUNTY or its designee shall have the right to review and monitor the financial and
service components of this 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,
Professional Services Contract (rev 01/2024) Page 7
agency, or governmental unit whose purpose is to review the services provided within
the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then
CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the
requirements detailed in "Exhibit B Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned
upon the CONTRACTOR's strict compliance with all insurance requirements under this
CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-
compliance. Upon receipt of evidence of full compliance, payments not otherwise
subject to withholding or set-off will be released to CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY,
its officers, agents and employees, CONTRACTOR expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its employees and agrees that the obligations to indemnify, defend and hold harmless
provided in this CONTRACT extend to any claim brought by or on behalf of any
employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this
CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT
shall be binding upon CONTRACTOR, unless otherwise specifically provided herein
with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment
shall render CONTRACTOR liable for damages to COUNTY. A commitment includes,
but is not limited to, any representation made prior to execution of this CONTRACT,
whether or not incorporated elsewhere herein by reference, as to performance of
services or equipment, prices or options for future acquisition to remain in effect for a
fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law,
CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments,
elected and appointed officials, employees, agents and volunteers, harmless from and
against any and all claims, damages, losses and expenses, including but not limited to
court costs, attorney's fees and alternative dispute resolution costs, for any personal
injury, for any bodily injury, sickness, disease or death and for any damage to or
destruction of any property (including the loss of use resulting there from) which 1) are
caused in whole or in part by any act or omission, negligent or otherwise, of the
CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly
arising out of, resulting from, or in connection with performance of this CONTRACT; or
Professional Services Contract (rev 01/2024) Page 8
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.
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 and 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
Professional Services Contract (rev 01/2024) Page 9
Fax: 360-427-7787
E-mail: mcaseyCcD.mason countywa.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(a-).mason countywa.gov
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,
Professional Services Contract (rev 01/2024) Page 10
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
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,
Professional Services Contract (rev 01/2024) Page 11
arising out of, or related to this CONTRACT or otherwise, including issues of specific
performance, shall be determined by arbitration in Shelton, Washington, under the
applicable American Arbitration Association (AAA) rules in effect on the date hereof, as
modified by this CONTRACT. There shall be one arbitrator selected by the parties
within ten (10) days of the arbitration demand, or if not, by the AAA or any other group
having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply
substantive law and may award injunctive relief, equitable relief (including specific
performance), or any other remedy available from a judge, including expenses, costs
and attorney fees to the prevailing party and pre-award interest, but shall not have the
power to award punitive damages. The decision of the arbitrator shall be final and
binding and an order confirming the award or judgment upon the award may be entered
in any court having jurisdiction. The parties agree that the decision of the arbitrator
shall be the sole and exclusive remedy between them regarding any dispute presented
or pled before the arbitrator. At the request of either party made not later than forty-five
(45) days after the arbitration demand, the parties agree to submit the dispute to
nonbinding mediation, which shall not delay the arbitration hearing date; provided, that
either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or
issue for which arbitration is commenced, regardless of the date of discovery or whether
the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising
more than six (6) years prior to a written request or demand for arbitration issued under
this Agreement are not subject to arbitration.
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
Professional Services Contract (rev 01/2024) Page 12
any other covenants or contracts, but the same shall be and remain in full force and
effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal
Office of Management and Budget (OMB) circulars and federal and state executive orders.
B. 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
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and
attached hereto, represents the entire CONTRACT between the parties and supersedes
any prior oral statements, discussions or understandings between the parties.
Professional Services Contract (rev 01/2024) Page 13
EXHIBIT A
SCOPE OF SERVICES
Program: Northwest Resources II Social Opportunity Services (SOS)
Program Description:
Provide recovery support services as well as care coordination to individuals that are
experiencing Substance Use Disorder and/or Mental Health issues and are
subsequently navigating the local criminal justice system, therapeutic courts, and re-
entry programs. SOS works in partnership with other peers, case managers, and local
agencies working within the current Mason County Behavioral Health Response System
to better support individuals on their path to recovery, and by doing so, will contribute to
a reduction in recidivism.
Program Expectations:
• Coordinate and communicate with other Mason County Behavioral Health partners
• Meet with participants as needed to create and clarify recovery and release plans
• Attend local stakeholder, provider, and coalition meetings when appropriate
• Coordinate with Mason County Public Health & Human Services on overall data
reporting strategy that is appropriate and informative to both NWR II as well as the
overall Mason County Behavioral Health System, so as to work towards the overall
systems goal of a "no wrong door" approach
• Keep current on reporting and data collection, utilizing mechanisms in place and
developing new procedures as needed
Performance/Reporting and Deliverables:
NWR II SOS Program will collect and report the following data to Mason County Public
Health & Human Services on an agreed upon format, forms, and schedule.
• Utilize the Mason County Unique Identifier data collection forms
• Provide care coordination for up to 200 households annually
• Provide care coordination and assistance for up to 100 people annually experiencing
homelessness at time of intake
• Help to enroll and/or refer up to 75 people annually into SUD inpatient treatment
• Help to enroll and/or refer up to 25 people annually into MAT treatment
• Help to enroll and/or refer up to 75 people into outpatient mental health treatment
• Help to enroll and/or refer up to 100 people into outpatient SUD treatment
• Help to coordinate sober and supportive hosing with an annual goal of 25 people
• Document the re-utilization of the SOS program and report on findings quarterly
• Work with the Mason County Therapeutic Court Program to provide case manager, peer
support and care coordination to active and potential participants
Professional Services Contract (rev 01/2024) Page 14
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 01/2024) Page 15
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 01/2024) Page 16
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 01/2024) Page 17
EXHIBIT C
BUDGET
Submit monthly invoices and program reports electronically to
mcasey(a masoncountywa.gov as close to the 1st of each month as possible.
Budget Category FY25 Amount Comment
Staff Wages $56,160.00 1 full time (40 hour per week) case manager,
$27.00/hr
Staff Benefits $18,195.84 Health/dental benefits and taxes for 1 case
manager
$3,406.00 Client transportation (mileage reimbursement);
100 miles per week x $0.655 per mile
Client Supports $72,000.00 Client rental assistance (40 clients x $600 x 3
months)
$4,000.00 Client incidentals (clothing, gas, vouchers, etc.)
Administration, supervision, rent, I.T. services,
Administration $15,241.40 phone services, supplies
Maximum Contract $169,003.24
Total
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.
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.
Payment will be considered timely within 30 days of receipt of invoice.
Professional Services Contract (rev 01/2024) Page 18
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
39 December 9, 2024
Action Items•
• Road Vacation#419 - Hearing Examiner recommendation.
• News Release: Early closure of the Eells Hill Transfer and the Belfair Drop Box solid waste stations on
Thursday, December 19, 2024 for Public Works Christmas Party and All-Hand staff meeting.
Discussion Items:
• Upcoming Utility Code Revisions
Commissioner Follow-Up Items:
Upcoming Items•
12/17/2024 Public Hearing at 9:15 am to consider Mason County Code changes to Chapters 2, 3, 13 and 17.
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Tina Lovejoy Schaefer,Right of Way Agent
Senior,on behalf of Mike Collins,PLS,PE Deputy Ext:456
Director/County Engineer
Department: Public Works Briefing: Z
Action Agenda: Z
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Road Vacation Order No. 419—Hearing Examiner Recommendation to Vacate the East half of an
unnamed road adjacent to Lot 15,Block 1, in Pirates Cove, as recorded May 9, 1960,in Volume 5 of
plats,page 30,under Auditor's File No. 183390,records of Mason County,Washington in Section 8,
Township 21 North,Range 1,West. Said unnamed road is now known as E. Bahama Drive.
Background/Executive Summary:
The Mason County Hearing Examiner held a hearing on November 20,2024, at 1:00 pm via Zoom. This
hearing was to consider vacating the East half of Bahama Drive adjacent to Lot 15,Block 1,Pirates Cove,
as recorded in Volume 5 of plats,page 30, as dedicated on May 9, 1960,records of Mason County,
Washington in Section 8,Township 21 North,Range 1,West, as requested by Bob Thoreson.
The Hearing Examiner issued her Findings of Fact, Conclusions of Law and Recommendation on
November 20, 2024,recommending approval of the proposed vacation with the following conditions:
1.The petitioner must pay compensation to the County in the amount of$9,024.90.
2.The vacated area will still be subject to existing easements for ingress and egress, and any existing
public utilities, and access to maintain these utilities must be maintained or for any other purpose,if
any.
Budget Impact(amount, funding source,budget amendment, etc.):
The required administrative fee of$1,000 has been paid.
As per RCW 36.87.120 and MCC 12.20.040, 12.20.050, & 12.20.060,the road is classified as"Class A,"
and the compensation rate is fifty percent(50%)of the appraised value. The adjacent square footage to
Lot 15,Block 1 is 1,340 sq. ft.,with a cost of$13.47 per square foot.
The total compensation due for Lot 15,Block 1, in the amount of$9,024.90,has been paid.
Public Outreach:
Public notice has been provided as required by RCW 36.87.050,both by posting at the site and by
publishing in the county official newspaper.
Requested Action:
Requesting the Board of Commissioners accept the recommendation of the Hearing Examiner and grant
the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact,
Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 419. And
subject to Mason County retaining the total width of the right of way for the adjacent Lombard Road as
shown on the plat of Pirates Cove.
Attachment(s)•
1. Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation
2. Order of Vacation
I
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Emily Terrell, Hearing Examiner
3
4 RE: Road Vacation No. 419 FINDINGS OF FACT, CONCLUSIONS
5 OF LAW AND RECOMMENDATION
Petition for a Road Vacation
6
7
SUMMARY
8
Bob Thoreson requests the vacation of right of way that adjoins his property in the
9 Pirate's Cove subdivision. It is recommended that the County Commissioners approve
10 the vacation.
11 The Engineer's Report, Ex. 1, notes that the vacation area was dedicated as a County
road in 1960 and that the County has no record of it ever being opened. This is a Class
12 A road for which compensation of half of the appraised value is required. This area has
13 never functioned as an open roadway.
14 The parcels adjoining the vacation area are served by other private roads and would not
become landlocked by the proposed vacation. No other lots would become landlocked
15 as well.
16 The County staff stated the road area is not deemed necessary for future use by the
17 County in its road system. They further stated the public will benefit from the vacation
by placing the area on the tax rolls and eliminating the County's liability for this
18 property.
19 TESTIMONY
20 Tina Lovejoy Schaefer, Senior Right of Way Agent for Mason County, summarized
21 the engineer's report. She noted the roadway has never been opened and that the same
right of way to the south of the proposal has already been vacated. No parcels will be
22 landlocked.
Bob Thoreson stated he is rebuilding his cabin on the property and learned from the
23 survey he didn't already own this property, though he thought he did at the time he
fenced a portion of it. He stated he'd spoken with the Board of Directors at Pirate's
24 Cove and they had no issue with the vacation.
25
Road Vacation P. 1 Recommendation
EXHIBITS
1
2 The June 26, 2024 Engineer's Report — Road Vacation File No. 4198 was admitted
during the November 20, 2024 hearing along with its three attachments as listed on
3 Page 2 of the report.
4 FINDINGS OF FACT
5
Procedural:
6
1. Hearing. A virtual hearing on the petition for vacation was held on November 20,
7 2024 at 1:00 pm via Zoom.
8 Substantive:
9
2. Site/Proposal Description. Robert Treson requests the vacation of right of way that
10 adjoins his property.
11 Robert Thoreson owns Lot 15, Block 1, adjacent to E Bahama Drive in the plat of
12 Pirate's Cove in Volume 5 of plats, page 30. He has petitioned for the vacation of the
deeded right of way as attached on Exhibit A. The west half of E Bahama Drive is
13 used as a foot path. The east half appears to be fenced along Lot 15. The requested
street to be vacated has never been maintained. The street was dedicated to the public
14 on May 9, 1960, when Pirate's Cove was originally platted.
15 The East half of E Bahama Drive South of Lot 15 was vacated under Road Vacation
16 #53, August 10, 1964, under Auditor's File No. 206111. Lot 16, Block 1, in the plat
of Pirate's Cove has access to the South through an easement over Lot 17, Block 1,
17 recorded July 24, 1964, under Auditor's File No. 205743.
18 The roadway is classified as a Class A roadway.
19 3. Utility of Vacation Area. The engineering report identifies that the road is a Class
20 A road for which no public expenditures have been made since the dedication in 1960.
The road is not presently used as a roadway. As noted in the engineer's report, Public
21 Works staff have determined that the proposed vacation area is not necessary for future
use in the County's road system.No lots will be landlocked as a result of the proposal.
22 The area proposed for vacation has no utility to the County.
23 4. Petition Includes Majority of Abutting Owners. As shown in Ex. B, the petitioners
24 own the entire area abutting the vacation area.
25
Road Vacation p. 2 Recommendation
I CONCLUSIONS OF LAW
2 Procedural:
3 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the
4 authority to review road vacation applications and make a recommendation to the
Mason County Board of County Commissioners.
5
Substantive:
6
7 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements
for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may
8 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable
review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter
9 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of
law.
10
11 MCC 12.20.010: County roads may be vacated in accordance with the provisions of
RCW 36.87, and Mason County may require as a condition precedent to the vacation
12 the receipt of just compensation from the person or persons benefiting from the
vacation.
13
RCW 36.87.020: Owners of the majority of the frontage on any county road or portion
14 thereof may petition the county legislative authority to vacate and abandon the same
15 or any portion thereof. The petition must show the land owned by each petitioner and
set forth that such county road is useless as part of the county road system and that the
16 public will be benefited by its vacation and abandonment. The legislative authority
may:
17
(1) require the petitioners to make an appropriate cash deposit or furnish an
18 appropriate bond against which all costs and expenses incurred in the examination,
19 report, and proceedings pertaining to the petition shall be charged; or
20 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover
such costs and expenses.
21
RCW 36.87.060: If the county road is found useful as apart of the county road system
22 it shall not be vacated, but if it is not useful and the public will be benefited by the
23 vacation, the county legislative authority may vacate the road or any portion thereof.
24 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the
requirements of the statutes and ordinances quoted above. The petitioners own the
25 majority of the abutting property to the vacation area as determined in Finding of Fact
No. 4 and required by RCW 36.87.020.
Road Vacation p. 3 Recommendation
As determined in Finding of Fact No. 3, the vacation area is not currently useful as a
1 part of the county road system as required by RCW 36.87.060.
2 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be
3 classified as follows:
4 (1) Class A. All roads for which the right-of-way is an easement.
(2) Class B. All roads for which the right-of-way is owned in fee simple and for which
5 the county paid full fair market value of the fee simple estate.
6 (3)Class C. All roads that meet RCW 36.87.090 requirements.
7 4. Vacation Area Qualifies as Class A Road.As outlined in the Summary and Finding
of Fact No. 2, the right of way subject to the requested vacation is a Class A road.
8
MCC 12.20.050: Any person or persons desiring to have any portion of any county
9 road vacated shall be required by the Mason County board of county commissioners
10 as a condition precedent to the vacation to pay the county prior to the vacation. The
compensation rates include those rates set forth in Section 12.20.060, if any, and the
11 administration fee set forth in Section 12.20.080.
12 5. Required Administrative Fees Paid. The engineer's report identifies that the
petitioners have paid the required$1000 administration fee. Compensation for the right
13 of way is required as concluded in Conclusion of Law No. 6.
14
MCC 12.20.060: The county shall require, as a condition precedent to the vacation of
15 roads or portions thereof within the classifications set forth in Section 12.20.040, that
persons benefitting from the vacation thereof compensate Mason County as set forth in
16 the following schedule:
17 (1) Class A Roads. Fifty percent of the appraised value.
18 (2) Class B Roads. One hundred percent of the appraised value.
(3) Class C Roads. No compensation other than for the administrative fee of the
19 vacation action.
20 At no time will the compensation for Class A or B roads be reimbursed less than the
21 county originally paid for the property.
22 6. Compensation Required. As previously noted, the vacation area is classified as a
"Class A"road. Per RCW 36.87.120 & MCC 12.20.040, 12.20.050 and 12.20.060, the
23 applicant is required to pay compensation in the amount of 50%of the appraised value.
The square footage adjacent to Lot 15, Block 1 is 1340 sq ft, and the cost per square
24 foot is $13.47. The compensation amount due for Lot 15, Block 1 is $9,024.90.
25 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a
payment of one thousand dollars to cover all administrative costs regardless of the
county's approval of vacation. Said administrative costs shall include the costs of the
Road Vacation p. 4 Recommendation
hearing examiner in holding the public hearing and reporting recommendations to the
I board of county commissioners.
2 7. Required Deposit Paid. The engineer's report identifies that petitioners have paid
3 the required$1,000 deposit.
4 RECOMMENDATION
5 It is recommended that the Board of Commissioners approve the proposed vacation
6 subject to the following conditions.
7 1. The petitioner must pay compensation to the County in the amount of$9,024.90.
8 2. The vacated area will still be subject to existing easements for ingress and egress,
and any existing public utilities, and access to maintain these utilities must be
9 maintained or for any other purpose, if any.
10 DATED this 20th day of November, 2024.
11
c �=
12 ,,,1,rQ
Emily Terr ll
13 Mason County Hearing Examiner
14
15
16
17
18
19
20
21
22
23
24
25
Road Vacation p. 5 Recommendation
RETURN TO:
MASON COUNTY PUBLIC WORKS
100 W.Public Works Drive
Shelton,WA 98584
RESOLUTION NO.2024-
IN THE MATTER OF THE PETITION OF: ORDER OF VACATION
VACATION FILE NO. 419
Vacate the East half of an unnamed road RCW 36.87
adjacent to Lot 15, Block 1, in Pirates Cove, as
recorded May 9, 1960,in Volume 5 of plats,page
30, under Auditor's File 183390, records of
Mason County, Washington in Section 8,
Township 21 North,Range 1,West.
Said unnamed road is now known as E Bahama
Drive.
WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate
the following described rights of way:
Vacate the East half of an unnamed road adjacent to Lot 15,Block 1,in Pirates Cove,
as recorded May 9, 1960, in Volume 5 of plats, page 30, under Auditor's File No. 183390,
records of Mason County,Washington in Section 8, Township 21 North, Range 1,West.
Said unnamed road is now known as E. Bahama Drive.
WHEREAS, the Mason County Board of Commissioners agreed on October 8, 2024, by
adopting Resolution No. 2024-054 to publish and post, according to law, a notice of intent to close
and vacate the described rights-of-way and set a virtual hearing for November 20,2024,at 1:00 p.m.
with the Mason County Hearing Examiner.
WHEREAS, the hearing was held on November 20, 2024, at 1:00 AM via Zoom and the
Mason County Hearing Examiner considered the County Engineer's report, together with any
evidence for or objection against said vacation; and
WHEREAS, the Hearing Examiner has rendered to the Board of Mason County
Commissioners,her Findings of Fact, Conclusions of Law and Recommendations and the members
of the Board have given them due consideration, and
Order of Vacation
File No.419
WHEREAS, the Petitioners, Robert (Bob) Thoreson has paid in full the administrative fee of
$1000.00, and for a "Class A" per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060,
compensation is fifty percent(50%)of appraised value.The square footage adjacent to Lot 15,Block
1 is 1340 sq ft, and the cost per square foot is $13.47.
The compensation due for Lot 15,Block 1 is $9,024.90 and has been paid; and
NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby
vacated; and
IT IS FURTHER ORDERED that said vacation is subject to any existing private easements
for ingress and egress or any other purpose and retaining an easement in favor of Mason County for
any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. And
subject to Mason County retaining the total width of the right of way for the adjacent Lombard Road
as shown on the plat of Pirates Cove.
DATED this day of , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board
Randy Neatherlin,Chair
APPROVED AS TO FORM:
Kevin Shutty,Vice Chair
Tim Whitehead, Ch. DPA Sharon Trask, Commissioner
Cc: Assessor;Auditor;Treasurer;Petitioner;
Public Works Dept.; GIS
Vacation File No.419
5os Co
ap NEWS RELEASE
DECEMBER 17, 2024
- MASON COUNTY COMMISSIONERS' OFFICE
1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Early Closure of Eells Hill Transfer Station and Belfair Drop Box on
December 19th
Mason County Public Works announces the early closure of the Eells Hill Transfer and
Belfair Drop Box solid waste stations on Thursday, December 19th.
The last customer will be accepted at 12:30 p.m. at the Eells Hill Transfer Station and at
11:30 a.m. at the Belfair Drop Box Station. These closures are to allow for a Public Works
Staff Christmas Luncheon and All-Hands Staff Meeting.
We kindly ask the public to plan ahead, and we appreciate your understanding and
cooperation.
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin, Kevin Shutty, Sharon Trask,
Chair Vice-Chair Commissioner
Mason County Central Services
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner Briefing Items
from County Administrator
December 9, 2024
Specific Items for Review
→ American Rescue Plan Act (ARPA) update – Jennifer Beierle
→ State Homeland Security Program (SHSP) grant amendment – John Taylor
→ Request to name the Administration Building after William Hunter – Mark Neary
→ Mason Lake Camp proposal updates – Mark Neary
Administrator Updates
Commissioner Discussion
→ Commissioner calendar updates
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle Ext: 532
Department: Central Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 12/9/2024 Agenda Date(s): 12/17/24
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Reallocation of Funds from Remaining Internal County ARPA Projects
Background/Executive Summary:
The American Rescue Plan Act (ARPA) of 2021 provides $350 billion in emergency funding for eligible
state, local, territorial, and tribal governments to respond to the COVID-19 emergency and bring back
jobs. The US Treasury has given Mason County $12,968,901 of the ARPA grant money. The funds came
in two installments and must be obligated by 12/31/2024 and expended by 12/31/2026.
Several projects are complete or incomplete with remaining funds that need to be reallocated to
“Governmental Operations” before 12/31/2024.
Budget Impact (amount, funding source, budget amendment, etc.):
Already included in the 2024 County Budget
Public Outreach:
N/A
Requested Action:
Request the Board approve the movement of remaining approved funds from complete or incomplete
internal County ARPA projects to “Governmental Operations”.
Attachment(s):
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: John Taylor by Tammi Wright Ext: 806
Department: Choose an item. Briefing:
Action Agenda:❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s):
Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Amendment to the State Homeland Security Program(SHSP)FY-22 Grant Contract#E23-098 from
Washington State Military Department(EMD) and US Department of Homeland Security
Background/Executive Summary:
The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason,
Lewis,Thurston,Grays Harbor and Pacific Counties). This is an annual grant received from the US
Department of Homeland Security pass-through Washington State Military Department(EMD)and then
to the Homeland Security Regions. At our regional level,the funding distribution formula involving a
base amount and population. Mason County has received the yearly SHSP Grant since 2003. This
increased funding will provide a flexible mast antenna and mobile satellite/cellular router for the MCSO
Mobile Command Vehicle.
The grant agreement amount changed from$15,335 to $29,835,an increase of$14,500. Performance
period is from 09/01/2022 to 07/31/2025.
Amendment has been reviewed by the Mason County Prosecuting Attorney's Office as to form.
Budget Impact(amount, funding source,budget amendment, etc.):
Increase 2025 budget revenue for Emergency Management and spending authority for the grant amount
$14,500.
Public Outreach:
N/A
Requested Action:
Approval of the amendment to the State Homeland Security Program(SHSP)FY-22 Grant Contract#
E23-098 from Washington State Military Department(EMD) and US Department of Homeland Security
for the increase of the amount from$15,335 to $29,835 for the performance period of September 1,2022
to July 31,2025.
Attachment(s)•
Amendment and Signature Authorization Form
R�,sTerg v,,
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i
STATE OF WASHINGTON
MILITARY DEPARTMENT
EMERGENCY MANAGEMENT DIVISION
MS: TA-20 Building 20
Camp Murray, Washington 98430-5122
Phone:(253)512-7000 •FAX:(253)512-7200
November 5, 2024
Tammi Wright
Mason County Division of Emergency Management
100 West Public Works Drive, Building 1
Shelton, WA 98584-9714
Re: FY22 State Homeland Security Program (SHSP) E23-098 End Date Extension Amendment
Dear Tammi Wright:
In accordance with Section A.3 of Attachment B, General Terms and Conditions of Grant Agreement E23-098,this
letter serves as written notification, Amendment 1 Revised, extending the Grant Agreement End Date from
October 31, 2024 to July 31, 2025.
An extension of the period of performance is allowable under grant provisions, and the SHSP Program Manager
has approved this extension.
The Grant Agreement Face Sheet Block 6,Grant Agreement End Date, has been changed from October 31,2024
to July 31, 2025.
Additionally,the Grant Agreement Revision 1 Timeline,Attachment F,has been updated to reflect the following
changes:
• Change Grant Agreement End Date from October 31, 2024 to July 31, 2025;
• Change Submit Final Reimbursement Request and Closeout Report from December 15, 2024 to
September 14, 2025.
No other changes are required. All other terms and conditions of the original Grant Agreement and any previous
amendments remain in full force and effect.
If there are questions regarding the amendment, please contact Jocelyn Overby at 253-512-7226 or email
jocelyn.overby@mil.wa.gov.
Sincerely,
Gail Cram
SHSP Program Manager
cc: Contracts Office, Washington Military Department
Washington State Military Department
AMENDMENT
1. SUBRECIPIENT NAME/ADDRESS: 2. GRANT NUMBER: 3. AMENDMENT NUMBER:
County of Mason E23-098 2
Emergency Management
100 West Public Works Drive, Building 1
Shelton,WA 98584-9714
4. SUBRECIPIENT CONTACT, PHONE/EMAIL: 5. DEPARTMENT CONTACT, PHONE/EMAIL
Tammi Wright, 360-427-9670 Ext. 800 Jocelyn Overby 253-512-7226
TammiW masoncount wa. ov Jocelyn.Overby@mil.wa.gov
6. EIN: 7 ASSISTANCE LISTINGS#&TITLE: 8. FEDERAL AWARD ID#(FAIN).
91-6001364 97.067 -22HSGP SHSP EMW-2022-SS-00056-S01
9. FUNDING AUTHORITY:
The Washington State Military Department (Department) and the US Department of Homeland Security (DHS)
10. DESCRIPTION/JUSTIFICATION OF AMENDMENT:
Funding was deobligated within the Region 3 and allocated to the subrecipient for an additional project, Subproject#2.
The Work Plan and Budget are updated accordingly.
Additionally, Key Personnel are updated.
Changes are noted in red font, strikethrou h, and grey highlight.
11. AMENDMENT TERMS AND CONDITIONS.
1. Change the Grant Agreement Amount from$15,335 to$29,835 an increase of$14,500, as described on Page 2 of
this Amendment.
2. Change the Subrecipient Contact, Phone/Email, as described on Page 2 of this Amendment.
3. The Grant Agreement End Date of July 31, 2025, remains unchanged.
4. Change Attachment A, SPECIAL TERMS AND CONDITIONS, Article I-Key Personnel, as described on Page 2 of
this Amendment.
5. Change the original Work Plan, Attachment D-2, as described on Page 2 of this Amendment.
6. Change the original Budget, Attachment E, as described on Page 2 of this Amendment.
This Amendment is incorporated in and made a part of the Grant Agreement. Except as amended herein, all other terms and
conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreement or an
Amendment to the "Grant Agreement' shall mean "Grant Agreement as amended". The Department and Sub-Recipient
acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below. By
signing this Amendment, the signatories warrant they have the authority to execute this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment:
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Regan Anne Hesse, Chief Financial Officer Randy Neatherlin, Commissioner Chair
Washington State Military Department Mason County
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
/Signature on file/ 2
David B. Merchant,Assistant Attorney General 10/11/2021 Applican a Review Date
DHS-FEMA-HSGP-SHSP-FY22 Page 1 of 6 Mason County, E23-098 Amendment 2
Washington State Military Department
Amendments to Agreement E23-098
1. Change the Grant Agreement Amount from $16,336 to $29,835, an increase of$14,500.
a. Agreement Face Sheet, Box 2. $15,335 $29,835
b. Original Budget, Attachment E, with Revision 1 Budget, Attachment E.
2. Change Department Contact from Christopher Burd to Jocelyn Overby.
a. Agreement Face Sheet Box 7.
Jocelyn Overby, 253-512-7226, jocelyn.overby@mil.wa.gov.
3. Change Attachment A, Article I-Key Personnel.
a. Attachment A, SPECIAL TERMS AND CONDITIONS, Article 1-Key Personnel, under
DEPARTMENT:
i. Replace Christopher Burd with Jocelyn Overby (see below).
ii. Replace Reagan Bush with Gail Cram (see below).
iii. Replace Courtney Bemus with Grant Miller (see below).
SUBRECIPIENT DEPARTMENT
Name Tammi Wright Name GhFistepher 13uFd Jocelyn Overby
Title Senior EM Coordinator Title Program Coordinator
E-Mail tammiw@masoncountywa.gov E-Mail
'jocelyn.overby@mil.wa.gov
Phone 360-427-9670 x800 Phone 253 512748' 253-512-7226
Name John M. Taylor Name agan Bush Gail Cram
Title Emergency Management, Parks & Title Program Manager
Recreations Manager
E-Mail jtaylor@masoncountywa.gov E-Mail
aaii.cram@mil.wa.gov
Phone 360-427-9670, ext. 806 Phone 263-512-7463 253-612-7472
Name Diane Zoren Name GouFtney Bemus Grant Miller
Title Central Services Manager Title Program Assistant
E-Mail dlz@masoncountywa.gov E-Mail
rant.miller mil.wa. ov
Phone 360-427-9670 x747 Phone 263 512-7146 253-512-7061
4. Change the original Work Plan, Attachment D-2.
a. Original Work Plan, Attachment D-2, with Revision 1 Work Plan, Attachment D-2.
5. Change the original Budget, Attachment E.
a. Original Budget, Attachment E, with Revision 1 Budget, Attachment E.
i. Grant Agreement Amount from $15,335 to $29,835, an increase of$14,500
n E23-098 Amendment 2
DHS-FEMA-HSGP-SHSP-FY22 Page 2 of 6 Mason County
Attachment D-2
Revision 122SHSP ENDURING NEEDS SUBPROJECTS WORK PLAN
Mason County Emergency Management
ENDURING NEEDS AMOUNT $ 5
$29,835
Investment#1:WA SHSP Sustainment
The State is divided into 9 Regions which differ in geography(marine to desert), major industry(large business to agricultural),
and population (dense urban settings to rural). Each region develops projects to address their specific risks and hazards which
sustain previously built capabilities or close identified gaps. Most initiatives can be tied back to building regional capability to
prevent, protect, respond,and recover and be in a state of readiness should a natural or human-caused catastrophic incident
occur.
Gaps identified in:-Community Resilience: Need to incorporate equity and social justice and access and functional needs-Critical
Transportation:Transportation needed for the delivery of vital response personnel,equipment,and services into the affected
areas-Cybersecurity: Lack of a vulnerability analysis, outdated servers and workstations-Interdiction & Disruption:Special teams
do not have access to updated equipment-Infrastructure Systems: Lack of proper network access to link to remote city/county
facilities-Mass Care Services: Lack of adequate mass care facilities, lack of local mass care volunteers and training opportunities-
Mass SAR Operations: Need to train responders to the Structural Collapse Tech Level, lack of heavy lifting/shoring and
cutting/breaching rescue equipment-On-Scene Security, Protection, &LE: Lack of local funding to maintain and replace aging
and/or expiring equipment and PPE-Operational Comms:Geographical challenges and changes in communications technology
hamper the reliability of communications-Operational Coord: Lack of regional coordination to prioritize projects, connect
partners,and share products-Physical Protective Measures: Lack of surveillance cameras and alarm systems in local jurisdictions-
Planning: ESF plans are out of date, lack of updated continuity plans-Public Information &Warning: Lack of robust public
education campaigns, lack of reliable and consistent messaging-Screening,Search,&Detection Lack of screening and monitoring
equipment for large public festivals and events within local jurisdictions-Situational Assessment: Lack of common operating
picture and information sharing.
EN PROJECT#3:SHSP Region 3-Homeland Security Project
Region 3 will prioritize subprojects based on regionally identified gaps.The Region is challenged by specific gaps including
Operational Coordination due to lack of staffing;Screening,Search,& Detection due to the lack of detection equipment;
Operational Communications due to the inability for agencies to effectively communicate because of differing radio technologies
and technologically inadequate equipment;Operational Coordination due to the lack of integrated training with partner agencies;
Mass Care Services due to the lack of logistical capabilities; Interdiction&Disruption due to lack of training;
Through planning,organization,training,and exercise,activities will include:Operational Coordination: Fund a planning
coordinator to sustain and enhance the regionwide planning,training, and exercise program as well as conduct a multi-
jurisdictional/regional functional exercise.Screening,Search, & Detection: Purchase an unmanned remote underwater vehicle to
provide underwater detection,surveillance,and recovery capabilities.Operational Communications: Purchase P25 compliant
radios to have a single interoperable communications platform with Fire, EMS,and LE agencies and install mobile radio on search
and rescue helicopter. Operational Coordination:Conduct operational training with regional,state, and federal partners. Mass
Care Services: Purchase components for and build water filling/distribution stations for deployment during responses as needed.
Interdiction &Disruption: Provide training Unmanned Aerial Systems(UAS) pilot operators to obtain FAA certification. Investing in
these core capabilities will improve the Region's ability to identify, prevent,and respond to a terrorist threat.
SUBPROJECT#1 MCSO Remotely Operated Vehicle(ROV)
CORE CAPABILITIES
Mass Search& Rescue Operations Core Capability#1
Sustaining or Enhancing? Enhancing
Screening,Search,&Detection(EN &CS,ST/CP, DVE, ET) Core Capability#2
(optional)
Sustaining or Enhancing? Enhancing
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 $0.00 $15,335.00 L $0.00 1 $0.00 1 $15,335.00
DHS-FEMA-HSGP-SHSP-FY22 Page 3 of 6 Mason County, E23-098 Amendment 2
GAP(S)IDENTIFIED
-Mason County Sheriff's Office deputies currently have no capability to locate, investigate or recover items at any water depth
beyond 100 feet.The current volunteer dive asset is not completely operational and is currently limited by recreational dive
standards.
-Lack of Mass Search and Rescue equipment, and PPE across the state's local jurisdiction,especially for specialty teams;to
maintain equipment and training to ensure response readiness.(State 2021 SPR. 281)
-Lack of detection equipment/funding to support equipment may improve the core capability. (State 2021 SPR.76)
ACTIVITIES TO BE PERFORMED
Purchase an unmanned remotely operated underwater vehicle to provide underwater detection,surveillance,and recovery
capabilities beyond 100 feet.
ASSOCIATED DELIVERABLES/OUTPUTS(IMMEDIATE)
Law enforcement underwater search and recovery capabilities well beyond depths of 100 feet,to aid in detecting a variety of
targets including shell casings, handguns, rifles,shotguns, knives, UXO, mines,and any type of explosive device containing metal.
The device will be used prior to large community events,or after a terrorist threat to conduct security sweeps/searches for
explosive devices around underwater infrastructure i.e. bridges,and hydroelectric facilities.
DESIRED OUTCOMES(INTERMEDIATE AND LONG-TERM)
Underwater search, recovery and detection capabilities well beyond depths of 100 feet. Enhanced underwater search and
recovery as well as enhanced underwater investigation and surveillance capability. Phase 1 would fund approximately half of the
unit itself,and the other half will be funded from the Sheriff's office budget(total cost approximately$32,800).The plan is to add
on sonar modules(imaging sonar and side scan sonar)in the future that could be funded piece by piece.
NEXUS TO TERRORISM
Mason County has 3 public port authorities,State parks, and power generating dams within the jurisdiction that will be better
protected by this project as it will provide us the tools needed for underwater investigation and surveillance to enhance security
around critical infrastructure and soft targets/crowded places in or near bodies of water.
SUBPROJECT#2 Mason County Sheriffs Office Multi-Band Radios for Mobile Command Rig
CORE CAPABILITIES
Operational Communications Core Capability#1
Sustaining or Enhancing? Enhancing
SOLUTION AREAS
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL
$0.00 1 $0.00 $14,500.00 $0.00 $0.00 $14,500.00
GAP(S)IDENTIFIED
41%out of 22 Local Respondents have gaps in equipment,supplies, and systems that comply with relevant standards in
Interoperable Communications Between Responders.State SPR p.525
ACTIVITIES TO BE PERFORMED
-Procure equipment
-Install equipment
-Test equipment
ASSOCIATED DELIVERABLES/OUTPUTS(IMMEDIATE)
-Deployable mobile command
-Backup 911 dispatch capability
-Interoperable communications with responders
DESIRED OUTCOMES(INTERMEDIATE AND LONG-TERM)
Ability to manage and coordinate data,efficiently communicate with responders across a variety of platforms,and interface with
the EOC from a tactical field operations center.In the event of a large scale critical event,including domestic or international
terrorism,communications interoperability with responding agencies is still our largest capability gap.This final phase of the
project will close the loop on that gap and allow is to operate safely and efficiently across a multitude of communications
platforms.
NEXUS TO TERRORISM
This project supports the ability to communicate between various elements on an incident scene of a potential terrorist attack.
This project will also enhance our ability to manage and coordinate different sources of data and intelligence to understand
DHS-FEMA-HSGP-SHSP-FY22 Page 4 of 6 Mason County, E23-098 Amendment 2
potential criminal and terrorist activity in the field. This is critical to protecting soft targets/crowded places, enhancing
information sharing at a tactical level, and addressing emerging threats,and combating terrorism, both domestic and foreign
efforts on US soil.
I
i,
I
f
i
DHS-FEMA-HSGP-SHSP-FY22 Page 5 of 6 Mason County, E23-098 Amendment 2
Attachment E
Revision 1 22SHSP Budget
Mason County Emergency Management
AGREEMENT AMOUNT $1
$29,835
AMOUNT MODIFICATION AMENDED
AMOUNT
LETPA $15,335.00 $14,500.00 $29,835.00
51%of the agreement total
PERSONNEL $0.00 $0.00 $0.00
0%of the agreement total
M&A $0.00 $0.00 $0.00
0%of the agreement total
Sustainment Subproject(s)
AMOUNT MODIFICATION AMENDED
AMOUNT
5UBPROJECT#1 MCSO Remotely Operated Vehicle(ROV) $15,335.00 $0.00 $15,335.00
SUBPROJECT#2 Mason County Sheriff's Office Multi-Band Radios for Mobile $0.00 $14,500.00 $14,500.00
Command Rig
M&A $0.00 $0.00 $0.00
SUBTOTAL $15,335.00 $14,500.00 $29,835.00
INDIRECT $0.00 $0.00 $0.00
TOTAL $15,335.00 $14,500.00 $29,835.00
DHS-FEMA-HSGP-SHSP-FY22 Page 6 of 6 Mason County, E23-098 Amendment 2
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
Mason County Emergency Management 12/4/2024
GRANT PROGRAM -Acronyms Accepted AGREEMENT NUMBER(S)
FY22-HSGP (SHSP) E23-098 - Amendment 2
1. AUTHORIZING AUTHORITY
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
Randy Neatherlin Commissioner, Chair
Kevin Shutty Commissioner
Sharon Trask Chair
2. AUTHORIZED TO SIGN AGREEMENTS /AMENDMENTS
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
Mark Neary County Administrator
John Taylor Emergency Manager
3
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR TITLE &TERM OF OFFICE
TYPE NAME (If applicable)
Tammi Wright Sr. EM Coordinator
John Taylor Emergency Manager
SAF Revised 5/8/2024
Page of
*1854
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mark Neary Ext: 530
Department: County Administrator Briefing:
Action Agenda:
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ® Other
(This is the responsibility of the requesting Department)
Item:
Honorary facility naming the Mason County Administration Building to the"William Hunter
Administration Building"in honor of two Commissioners sharing the name William Hunter.
Background/Executive Summary:
William(Bill)O. Hunter served for five(5)terms between 1968-1992. During his terms of service,Bill
Hunter saw both the Administration Building containing the Commissioner Chambers,as well as the
current jail built.He regularly walked through the hills of Mason County with the County Engineer
finding straighter paths for roads to follow,resulting in numerous roads being straightened,widened,or
newly built.The straightening of Brockdale Road from Union to Shelton is a prime example. Bill helped
found Mason County Fire District No.9; was a founding board member of Hood Canal Bank; served on
the Shelton Hospital Association; and has been a member of numerous other organizations and clubs. He
has dedicated his life to serving Mason County,in a long tradition of service. Bill's grandfather,William
A. Hunter,was a Mason County Commissioner in the early 1900's.With two prominent pioneer men
having served Mason County as Commissioners,the request is being made to rename the Administration
Building in honor of the longest serving Commissioner, and his grandfather.
Budget Impact(amount, funding source,budget amendment, etc.):
Actual cost of manufacturing, designing, and installing any signage shall be paid by the County
Public Outreach:
N/A
Requested Action:
Approval of the Resolution for the honorary naming of the Administration Building to the William Hunter
Administration Building.
Attachment(s)•
Resolution
Mark and Pam Schlauderaff
1850 E. Island Lake Drive
Shelton, WA 98584
Mason County Commissioners
Shelton, WA 98584
Dear Commissioners:
We would like to request that the Mason County Administration Building (411 N 5")
containing the Mason County Commissioners Chambers be renamed "William Hunter
Administration Building " in honor of two commissioners sharing the name William
Hunter.
William (Bill) 0. Hunter served for five (5)terms between 1968 to 1992. Bill's five terms
are unrivaled in county history. Bill is a dedicated community servant putting the needs
of Mason County first. During his terms of service, the Administration building
containing the Commissioner Chambers was built, as well as,the current jail building.
William was known to walk through the hills of Mason County with the county engineer
finding straighter paths for roads to follow. Bill regularly visited the community he
served meeting with people on their property to better understand the issues they
wanted addressed, held regular hours in the communities he served, and the county
shop buildings to establish relationships with the people maintaining and building roads.
The straightening of Brockdale Road from Union to Shelton is a prime example of this
ingenuity. Numerous roads in North Mason were also straightened,widened or newly
built and the pedestrian path following Brockdale road was built. As a farmer,the
Mason County Fair was of special importance to Bill. Many of the buildings at the
fairgrounds were built during his term with the Washington Correction Center donating
labor for construction and businesses/organizations donating materials.
Bill hailed from a pioneer Skokomish Valley farm family. As a young teen he drove to
Bremerton daily (before school) delivering milk door to door along the south shore of
Hood Canal before reaching the Kitsap Creamery with the final load. As a commissioner
many of these early customers knew him as we door belled along the canal during
election time.
Bill was called to serve in the US Navy the day the Korean War erupted. He was milking
cattle and had to report to Sand Point Naval Air Station for active duty the following day.
He was stationed in both Japan and Korea flying on a seaplane performing
reconnaissance over Korea. While in Korea, Bill and his wife Carol purchased on the
Mason County Courthouse steps their first piece of land—a clear-cut piece of timber for
$10.00 per acre. This 1000-acre purchase would be the dawn of a new era for the dairy
C 6
farmers.They joined other local landowners in Mason County to pioneer the harvesting
and taking of Christmas trees to metropolitan areas to sell them. They would start a
retail Christmas tree lot in North Seattle—a tradition that continues to this day—over
70 years later. Bill and Carol would raise a family in Skokomish Valley—all of whom
have served Mason County through various endeavors.
Bill and Carol (wife) were both involved in the Mason County Forest Festival from its
inception. They marched in the Shelton High School band in the initial parade. They
continued supporting the organization for years helping build floats.They have also
been active for decades in the Skokomish grange—serving as master and treasurer.
Bill helped found Mason County Fire District No. 9 and served for many years. He was
also a founding board member of Hood Canal Bank, served on the Shelton Hospital
Association and has been a member of numerous other organizations and clubs. He has
dedicated his life to serving Mason County as a Commissioner and through the donation
of his time and resources.
Bill followed a long family tradition of serving. His grandfather,William A Hunter served
as Mason County Commissioner in the early 1900's. William also helped build Mason
County roads using horses, including along Hood Canal (Highway 106) and the grade
dropping down into Skokomish Valley (currently Highway 101).
With two prominent pioneer men having served Mason County as Mason County
Commissioners, we would request that the name William Hunter be used in honor of
Mason County's longest serving commissioner and his grandfather. Both men deserving
of this honor.
Respectfully submitted,
Ma*-),av,& a ,wschlauAeraff
RESOLUTION NO.
A Resolution P lacing an Honorary Facility Sign on the Mason County Administration Building
"William Hunter Administration Building"
WHEREAS, the Mason County Commissioners adopted Resolution 2022-034 on May 10, 2022
establishing a Mason County Facility/Park Naming Policy;
WHEREAS, recognition with an honorary facility naming is reserved for those individuals who
have performed an exemplary act or achievement of lasting interest to their community, which
reflects positively on Mason County;
WHEREAS., Mason County received a request to name the Administration Building after William
Hunter;
WHEREAS, William (Bill) 0. Hunter served five terms between 1968-1992 as a Mason County
Commissioner improving the community by building roads, the current Administration Building,
and jail, as well as helping to found Fire District No. 9, and being a founding board member of
Hood Canal Bank. Bill's grandfather, William A. Hunter, served as Mason County Commissioner
in the early 1900's. In addition to his employment commitment, Bill also served many years
volunteering his time and service to the community.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mason County Commission to place an
honorary sign at Mason County Administration Building, 411 N. 5 th Street, Shelton, WA with the
name "William Hunter Admin41
istration Building" and direct staff to create and install the
appropriate sign.
DATED this 17 t" day of December, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Sharon Trask, Chair
Kevin Shutty, Commissioner
APPROVED AS TO FORM:
T i m W h i t ad Randy Neatherlin, Commissioner
Chief Deputy Prosecuting Attorney i
C:\Users\TimW\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\01841Z44\RESOLUTION for HONORARY
NAMING-Admin Bldg.,docx
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Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mark Neary Ext: 530
Department: County Administrator Briefing: Z
Action Agenda: Z
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): December 9,2024 Agenda Date(s): December 17,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other
(This is the responsibility of the requesting Department)
Item•
Recommendation for Proposals Received in Response to the Request for Qualifications for a Feasibility
Study for the Possible Purchase of Mason Lake Camp
Background/Executive Summary:
Mason County has been approached by Green Diamond Resource Company to purchase the Mason Lake
Camp located at 1052 E Mason Lake Drive W, Grapeview,WA. A Request for Qualifications (RFQ)was
issued in September and two proposals were received:
BerryDunn- $99,523
Freiheit Architecture-$131,100
Commissioner Shutty, Mark Neary, and Diane Zoren interviewed both companies and recommend the
County enter into a contract with BerryDunn in the amount of$99,523.
Budget Impact(amount, funding source,budget amendment, etc.):
General Fund
Public Outreach:
N/A
Requested Action:
Approval to enter into contract with BerryDunn for a feasibility study of Mason Lake Camp.
Attachment(s)•
Proposal on file with the Clerk of the Board.
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2 . APPROACH
'�i Project Understanding
Mason County is a primarily rural county located in western Washington state.The area is known for stunning natural
views, a tranquil environment, and access to urban amenities within a rural setting. Mason Lake is a popular alpine
lake located in the County and offers hiking trails,fishing, camping, and much more. Mason Lake Camp is a private
campground operated by the Green Diamond Resource Company. It is open to Green Diamond members but not the
general public. The camp offers a campground, lake access,group camping, and picnic areas.
The County is considering acquiring the Mason Lake Camp and adding it to a rich portfolio of outdoor recreation
and nature-based recreation resources.This Feasibility Study will help the County determine the potential risks
and benefits associated with purchasing and operating the property. We have assembled a team of experts with
a blend of experience to engage the community, evaluate the site, and develop realistic and implementable
recommendations.
Work Plan
t� Below and on the following pages, we provide details of our work plan to complete the Feasibility Study for Mason
Lake Camp. Our goal is to make the feasibility study process seamless and smooth for all stakeholders.
0 PHASE 1: PROJECT MANAGEMENT
1.1 Conduct Initial Virtual Project Planning. We roles and responsibilities. Outcomes of this discussion
will conduct an initial project planning and discovery will be used to develop the Project Work Plan and
session with County managers to assess project Schedule in Task 1.2.
1� needs and objectives. On this call, we will identify 1.2 Develop a Project Work Plan and Schedule.
stakeholder groups, project team members, project We will conduct a scoping call in which we will
milestones,and expectations.We will discuss our develop a Project Work Plan and Schedule, which
_ proposed project schedule, project work plan, and will outline our communication and scope; review a
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timeline to schedule project meetings; and identify present our project approach and methodology, review
stakeholder groups. In addition,the Project Work Plan the final schedule of key project dates, and answer
will incorporate agreed-upon procedures between any questions the County's project team may have.
BerryDunn and the County related to project control, While on-site, we will tour the campground to become
including quality management and deliverable familiar with physical resources, user experience, and E
submission/acceptance management. staff environments.
/ Deliverable 1: Project Work Plan and Schedule 1.4 Conduct Status Update Meetings. We will
1.3 Facilitate a Kickoff Meeting.We will conduct an conduct biweekly status update meetings with the
County's project manager to communicate current
on-site project kickoff presentation with the County's and anticipated project management needs, provide
project team that will serve as an opportunity to updates on project progress and the schedule, and
introduce our project team members, discuss goals, discuss potential risks and issues.
0 PHASE 2: MARKET ANALYSIS`
2.1 Assess Demographics and Population We will examine and review the current services, �.
Projections. We will identify the constituency of the participation levels, operation and structure, and
County through a demographic analysis and market identify opportunities for improvements and future
profile, utilizing all information available from previous needs. Research also includes types of amenities,fee
planning efforts and gathered from the County,the structures,and any other operating data available. We
U.S. Census Bureau, Esri sources, and other national will review, analyze, and report on the findings to help `
and local sources.We will work directly with County inform more accurate operations.We will utilize our
leadership to help document growth, redevelopment information from relevant plans, as well as reach out `
areas, and land use changes. to alternative providers in the area. r
A detailed demographic analysis based on service 2.3 Prepare a Market Analysis. We recognize that F
areas will outline trends and information that could background data and current usage cannot alone tell —
affect the need for camping and outdoor recreation the full story of the County's camping and outdoor t-
programming.We will compare demographics with recreation needs and opportunities.As such,for this
information from the Sports & Fitness Industry feasibility study,we will utilize our nationwide parks
Association to help determine potential usage and recreation experience to analyze and summarize
patterns and programming for Mason Lake Camp. potential market influences to identify gaps and
> Deliverable 2: Demographics Analysis and collaborative opportunities for the County for short-
Population Projections
term recommendations and long-term goals.
2.2 Identify and Assess Competitive Facilities. Our 2.4 Conduct a Program and Service Assessment.
team will assemble data on existing public and private The outdoor recreation programs and services
local and regional campgrounds;fishing, kayaking, analysis will focus on water sports and nature-based
and paddle board locations, and camping locations in recreational activities currently offered at the camp
the County and its surrounding area. We will evaluate and competing camping locations to identify any
levels of use, marketing and promotion efforts, and gaps, develop a strategic vision for program delivery,
technical capabilities. Data will include, at a minimum: and make recommendations appropriate.for a county
owned campground. This will help ensure program
• Descriptions of facilities and amenities offerings are equitable, inclusive, and accessible.
• Current use/activities Areas of review may include, but not be limited to:
• Current attendance/marketing efforts • Program and service inventory r
• Political, structural, and organizational factors Age segmentation of offerings and users
• Operating costs and management and �.
operational structures Supply and demand for current services
• Gaps identification
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• Participation rates programming. BerryDunn will supplement the
• Geographic reach analysis with some of the latest Al technology that
• Current capacity will accurately estimate current users of the camp,
� The results of the program and services assessment
traveling distances, demographic profile, and more.
will help identify any potential gaps, specifically ► Deliverable 3: Market Analysis
as they relate to campground amenities and
� PHASE 3: FINANCIAL MODELING
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3.1 Develop a Yellow-Book Appraisal of Mason Lake develop annual operational and maintenance budget
Camp.We will develop a Yellow Book appraisal of projections to.include all expenses and revenues
Mason Lake Camp to determine its potential for use associated with the facility.The projected operational
by the County. and maintenance budgets will include staffing levels,
benefits, commodities, contractual services, and
We will work with Integra Realty Resources, a local utilities, considering hours of operation and other
Seattle based real estate appraiser with significant keyoperating assumptions. Revenue p g p opportunities
experience in recreation facility and campground may include pricing strategies, rentals, concessions,
appraisals. program fees, merchandising, events, partnerships,
Our team will work together to assess the site sponsorships, cost recovery, and desired subsidy
and establish its performance based on the most levels.We will identify potential alternative funding
current standards set forth by the Uniform Appraisal sources including grants,foundations,gifts,
Standards for Federal Land Acquisition (UASFLA). sponsorships,fees, etc. Fee structures will be based
Following the appraisal, we will create a report that on the identified fees from daily use, rentals, and
other factors determined during the comparative
outlines the physical characteristics of the site along analysis. Revenue is estimated taking recommended
with a statement of the value of the property including
the date of appraisal. fee schedules into account.
3.2 Develop a Financial Model.We will develop a 3.4 Create a Projected Pro-Forma. Our team will
detailed financial model of the operating revenues create a five-year pro-forma, projecting the expenses,
and expenses of facilities and programming revenues , and cost recovery anticipated when
associated with the public operation of Mason Lake operating Mason Lake Camp.The pro-forma will be
Camp based on market research results and the based on the operational budget projections, as well
recommended rate models, including an assessment as all the information provided by the County and the
of the Camp's previous financial performance. Camp's current operators.These figures will project
Once the recommendations for future usage are increases in participation, as well as estimated
determined,we will conduct an analysis of existing
inflationary costs and/or price changes.
and potential marketing, budgets,financial resources, ► Deliverable 4: Financial Assessment
cost recovery, pricing methodology, and user fees
for any recommended services and facilities.We 1�
may suggest a focus on potential additional revenue
generation to help cover operational and maintenance ) ,
costs. From this information, we will create a
conceptual operating and maintenance budget and a
financial pro-forma to detail the projected expenses,
revenues, and cost recovery.
3.3 Annual Operational Budget Projections. Based
on all the information gathered and provided,we will
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PHASE 4: SITE ANALYSIS AND CONCEPTUAL
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4.1 Conduct a Site Analysis. We will analyze the associated with purchasing the site. Site Workshop
existing Mason Camp Site, including a combination of will: F
assessing its current facilities, comparing the state of • Assess site and facility conditions _
the facilities with current fairground/park standards, Develop a facility lifecycle review with a list of [
and reviewing them with other facilities in the region. recommended improvements
In the process, our team will actively engage staff • Develop facility standards F_
regarding their opinions on needs.The combination Prepare cost estimates of potential future
of this information together will help the broader "
project team evaluate potential needs and focused facilities identified in the planning process
priorities as well as the potential benefit to the County i Deliverable 5:Site Analysis
PHASE 5: REGULATORY REVIEW `-
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5.1 Review Regulations.Our team will assess 5.3 Prepare an Americans with Disabilities(ADA) 4
applicable zoning laws, land use regulations, and assessment of the site. Our team will evaluate Mason T
other legal considerations impacting the acquisition Lake Camp facilities and trails with an eye toward past
and development of the property. ADA assessments or transition plans. Our approach r
5.2 Assess Land Use.Our team will create a land-use to reporting is to provide the County with a report that
master plan narrative that includes all supporting shows clear descriptions and photos of the barriers
materials for review and comment.This assessment encountered,the code section and requirement that
is defined to achieve compliance,the location of �.
will outline potential environmental impacts of the the barriers on a key plan for quick field reference,
site. We will finalize a compiled written/graphic report and theoretical ratings of the general impact the i-
summarizing all plans,focus areas, estimated cost barrier has to overall accessibility. Rating of the costs
and phasing plan. associated with any finding will be provided (low,
0 PHASE 6: COMMUNITY IMPACTS t
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moderate, high). `
6.1 Assess Social Contributions. Our team will We will compare the site analysis with the Market R-
evaluate potential social contributions provided by Assessment and identify how the site would improve
the Mason Lake Camp site as a County-owned and community health and wellbeing, along with other
operated property. Potential social impacts include social impacts.
improved access to nature, learning opportunities, 6.2 Assess Environmental Contributions. The
community engagement, and health benefits, among Mason Lake Camp site could potentially offer multiple
others. environmental contributions to the County. We will
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assess how increased access to the site would businesses indirectly tied to Mason Lake
potentially impact flora and fauna in the area, as well Camp
as potential positive impacts to the County.These • The impact of Mason Lake Camp in attracting
may include increased land stewardship among new residents and visitors, keeping existing
County residents, authentic outdoor experiences, residents here, and in filling employment
and improved habitat protection for various plant and positions
wildlife species in the area. • The economic impact of events held in the
6.3 Assess Economic Contributions. The objective of campground
the economic contributions assessment is to estimate We would anticipate conducting the analysis via the
visitor-based participation numbers and spending approaches described for events-based impacts and
impacts associated with the public use of facilities casual-use impacts, respectively.The methodologies
and programs in the defined service area.Such visitor- would be subject to refinement based on data which
driven economic impacts are anticipated to include may be available. We will determine potential impacts
the following: to the local economy vs.the costs to implement the
• Annual economic contribution from local recommendation.This will also include an analysis
businesses directly tied to Mason Lake Camp of the potential return of investment for development
• Annual economic contribution from local opportunities of programs and assets within the
campground.
0 PHASE 7: RECOMMENDATIONS
7.1 Develop Recommendations, Implementation study through any desired formal adoption process,
Strategies, and a Draft Study. Our team will begin including a meeting to present it for adoption.
drafting an easily understandable Feasibility Study Deliverable 6: Draft Feasibility Study for
Report with a recommended approach and supporting Mason Lake Camp
analysis for acquiring Mason Lake Camp.We will
provide cost estimates for a phased implementation 7.3 Finalize the Study.We will finalize the
plan. development of a Final Feasibility Study Report
7.2 Review the Draft Study.We will submit the Draft using input gathered in the final review and approval
Feasibility Study Report for preliminary review, and process.
all comments will be incorporated into the final draft. Deliverable 7: Final Feasibility Study for Mason
After making these edits, we will assist in guiding the Lake Camp
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Anticipated Schedule
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Below, we provide our anticipated schedule for completing the County's requested scope of work. We expect this
project to take approximately 8-10 months, and we look forward to working in collaboration with the County to _
formalize this schedule.We are happy to expedite or elongate this process as necessary to accommodate the f'
County's needs, while maintaining momentum throughout the work effort.
Table 1:Proposed Project Schedule
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1 1 2 1 3 4 5 6 ! 7 8 9 10
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1. Project Management
2. Market Analysis
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3. Financial Modeling �
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4. Site Analysis and `
Conceptual Plans
5. Regulatory Review
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6. Community Impacts
7. Recommendations p
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5 . PROPOSED FEES
Table 2 presents our proposed costs for completing the County's requested scope of work.We propose a firm,fixed
fee inclusive of all time, materials, and travel.
These costs were developed based on the following factors:
• Our detailed Work plan narrative presented in our proposal
• Our staffing plan and resource allocation, which provides the client with the appropriate number of resources
and the ideal level of expertise to complete the tasks defined in the scope of work
• Our experience conducting projects of similar scope and size
Table 2:Proposed Costs by Phase
Phase 1: Project Management $13,575
Phase 2: Market Analysis $7,222
Phase 3: Financial Modeling $14,035
Phase 4: Site Analysis and Conceptual Plans $19,700
Phase 5: Regulatory Review $31,784
Phase 6: Community Impacts $4,817
Phase 7: Recommendations $8,392