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HomeMy WebLinkAbout2019/09/24 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 September 24, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release- Mason County Civil Service Commission Vacancy Staff: Frank Pinter 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:15 p.m. 7. Approval of Minutes — September 9, 2019 briefing minutes; September 17, 2019 Regular Meeting Minutes 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of amendment 10 to contract CLH18253 between Mason County Public Health and the Washington State Department of Health. 8.2 Approval to enter into contract with MasonWebTV.com for live streaming services of Commission meetings and Board of Health meetings for 2020. The rate per regular meeting is $75 for up to two hours and $25 for each additional hour. 8.3 Approval to call for Request for Proposals (RFP) for janitorial services for County facilities. 8.4 Approval of Criminal Justice Treatment Account (CJTA) Contract No. K3964 between Mason County Therapeutic Courts and the Washington State Health Care Authority. 8.5 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066888-8067092 $ 1,267,581.30 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.6 Approval for the Sheriff's Office to move $310,000 from Wages and Benefits to Operations to cover unanticipated expenses and replacement tasers. 9. Other Business (Department Heads and Elected Officials) 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time Last printed 9/19/2019 9:34:00 AM If special accommodations are needed, contact the Commissioners'office at ext. 419, Shelton #360-427- 9670; Belfair#275-4467, Elma #482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA September 24, 2019— PAGE 2 10.1 Public Hearing to consider the sale of tax title parcel 22017-52-00087 located on E. Lakeshore Drive E., Shelton, in the amount of$7,500. Staff: Frank Pinter 10.2 Public Hearing to consider the sale of surplus parcel 32127-53-00174, located on Mason Lake Rd., Shelton, in the amount of$4,000. Staff: Frank Pinter 11. Board's Reports & Calendars 12. Adjournment J:\AGENDAS\2019\2019-09-24 REG.doc L1 cry MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 24, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Department of Commerce sent in a letter regarding the Associate Development Organization for 2019-2021 Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk ? i 6 p x .p IP59 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 - Olympia,Washington 98504-2525 •360-725-4000 www.commerce,wa.gov June 26,2019 ®F.COV rLp SEP 16 2019 Jennifer Baria,Executive Director Economic Development Council of Mason County Wason County PO Box 472 Comm issloners Shelton,WA 98584 Dear Jennifer: Congratulations,Mason County designated you as their Associate Development Organization for the new biennium. The Department of Commerce will administer the award for the 2019-2021 Biennium as a single,two-year grant contract. Your award for State Fiscal Year 20 is $ 52,705, and the award for State Fiscal Year 21 is $ 52,705; for the total biennium award of$ 105,410. Diana Divens will be your contact for this grant and will work with you on executing your contract. She will email you a copy of the grant contract for signature. After the contract is fully executed you will receive a copy for your records. Once this process is completed,the beginning cost date to claim reimbursement on expenses will go back to July 1,2019. Funds are available quarterly when a request for reimbursement is submitted. We look forward to working with you and your staff on your economic development activities for Mason County. If you have any questions,please contact Diana Divens at 360.725.4187, or email her at: ado@commerce.wa.gov. Sincerely, Chris Green Assistant Director Office of Economic Development&Competitiveness Cc: Mason County Board of Commissioners C (or PRESS RELEASE September 24, 2019 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Civil Service Commission Vacancy The Board of Mason County Commissioners is seeking applications to fill a position on the Mason County Civil Service Commission. This is for an unexpired six-year term that will end on December 31, 2023. To qualify, the individual must be a United States citizen, a resident of Mason County for at least the past two years and an elector in Mason County. This person cannot be employed by Mason County and shall serve without compensation. At the time of appointment, not more than two commissioners shall be affiliated with the same political party. Currently, two commissioners are affiliated with the Democratic political party. The general purpose of the Civil Service Commission is to establish a merit system of employment for county deputy sheriffs and other employees of the office of county sheriff. The Mason County Civil Service Commission meets on the 3rd Thursday of each month at 5:00 p.m. in Mason County Building 1, 411 North 5th Street, Shelton. Interested parties may obtain a Civil Service Commission application at the Mason County Commissioners Office, 411 North 5th Street, Shelton, or call 427-9670, ext. 419 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until Tuesday, October 15, 2019 or until filled. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Vice-Chair S Co MASON COUNTY COMMISSIONERS r 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO Civil Service Commission NAME: PHONE: ADDRESS: WORK PHONE: Are you a US citizen, Mason County resident for prior CITY/ZIP: two years, and voter of the County? Yes ❑ No❑ EMAIL: POLITICAL PARTY: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: YRS POSITION: COMPANY: YRS POSITION: In your words, what do you perceive is the role or purpose of the Civil Service Commission? What interests, skills do you wish to offer the Civil Service Commission? Please list any financial, professional, or voluntary affiliations which may influence or affect your position on the Civil Service Commission (i.e. create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Government Trainings Act, Open Public Meetings Act and Public Records Act). The trainings would be at no cost to you. Would you be able to attend such trainings? Meetings are held the third Thursday of each month at 5 pm in the County Commission Chambers at 411 N. 5th St, Shelton, WA. Are you available Office Use Only to attend these meetings? Appointment Date Term Expire Date Signature Date BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of September 9,2019 Monday,September 9,2019 9:00 A.M. Closed Session–RCW 42.30.140(4)Labor Discussion Commissioners Shutty and Neatherlin met in Closed Session for a labor discussion with Frank Pinter from 9:00 a.m.to 9:15 a.m.Cmmr.Trask was absent. 9:15 A.M. Support Services–Frank Pinter Commissioners Shutty and Neatherlin were in attendance. Cmmr.Trask was absent. • Melissa Drewry presented the parcel information for the on-line auction for tax title parcels. This will be placed on the September 17 agenda and the City of Shelton will be notified of those parcels located in the City limits. • Frank presented an updated parcel offer for 661 E Lakeshore Drive E and the Board agreed to accept the$7,000 offer. • A reminder that the final hearing for Spencer Lake LMD is on September 17 to consider objections. • The Board agreed to move forward the 2020 contract with MasonWebTV. • Diane presented the draft 2020 Budget Workshop Schedule. • Frank presented the jail study meeting schedule. The first meeting,which will be held jointly with Grays Harbor Commission,will be on October 2 as part of our briefing schedule. • Frank reported the structural drawings will be coming for the Building 10 project. The City permitting process will take two to three months and therefore the roof will not be replaced until spring 2020. • Frank presented the contract amendment with KMB for Phase 2 at$121,000 and this will be placed on the agenda for approval. • A right-of-way easement from WSDOT was presented for their Coffee Creek project. This will be placed on agenda for approval. • The Board agreed to hold a local legislative meeting and Diane will work with Cmmr. Trask to schedule. 9:45 A.M. Community Services–Dave Windom Commissioners Shutty and Neatherlin were in attendance. Cn=.Trask was absent. • Approval to issue a news release soliciting candidates for the Historic Preservation Commission. • Request approved to remove the Willard Libby Barn from the Mason County Historic Registry due to damage from heavy snow and the owners will demolish the building. • News release announcing Mason County has passed the resolution for the HB 1406 money will be circulated and not placed on an agenda. • Local Document Recording Fees–Housing Authority contract. The award was$100,000 for stair and deck repairs;an additional$50K award for roof repairs;the request is to include the residual from the$100K award to the$50K award. A contract for the revised $50K award will be coming forward. • Regulations regarding vaping will be brought up at the Board of Health 10:00 A.M. Community Services—Dave Windom Commissioners Shutty and Neatherlin were in attendance. Cmmr.Trask was absent. • Review of how to improve the building permit process to include faster plan reviews, streamline processes,and provide better customer service. Discussion included having building inspectors work 10 hour days except for winter hours;scheduling inspections is one week or less;code enforcement is still lagging;possible office changes including scheduling plan submittals by appointments;move"over the counter permits"to on-line Board of Mason County Commissioners'Briefing Meeting Minutes September 9,2019 that will include roofs,fences over 7 feet,mechanical,and plumbing. Discussion of technology improvements to improve efficiencies. It was noted that if some permits are no longer required,it would impact revenues. Requiring binding site plans is something to consider. Commissioner comments—Cmmr.Neatherlin would consider covering anticipated revenue reductions to keep the process moving;would like to look at fees;include Public Works ROW staff in the plan submittal. Cmmr.Shutty appreciates the internal process review;wants to see the changes implemented ASAP;would like to prioritize the SEPA and permitting in UGA's for those permits that lead to job creation(minimum of 15 jobs) and affordable housing. Discussion of the review process for commercial projects and it was noted that the projects change which prolongs the process. Next steps—purchase equipment,develop policies and adopt minimum code necessary. • Cmmr.Neatherlin brought up recommendations brought up at the WRIA 15 meeting and what he disagreed with. Cmmr. Shutty supports being consistent with the message between WRIA's. 10:55 A.M. BREAK 11:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty and Neatherlin were in attendance. Cmmr.Trask was absent. • Road Vacation No.'s 397&398 will be brought forward to the agenda for approval. • Budgeted to build salt storage shed and will start the process. Cmmr.Neatherlin made the point to make sure this is built to provide the necessary services for several years. • Public Works Board loan award letter for$8,000,000 for the Belfair Sewer Extension project was reviewed. This is a 20 year term at.79%and this qualifies to have 5%of the loan forgiven at the time the project is completed. A contract will be coming forward and the County has six months to execute the contract. Loretta will be meeting with Commerce to discuss project details. • Loretta reported she has been interviewing for the Deputy Director and Construction Engineer positions. • Free dump day was successful and staff will bring forward numbers. Discussion of how to expand the distribution of vouchers. • Cmmr.Neatherlin brought up a problem with WAVE cable. 11:30 A.M. WSU Extension Office-Dan Teuteberg Commissioners 3hutty and Neatherlin were in attendance. Cmmr.Trask was absent. • Dan reviewed the Summer 2019 Quarterly Report on accomplishments of the WSU Extension office. The 4-H program is growing. Mason County 4-H partners with Grays Harbor and shows at the Grays Harbor Fair. Programs include the SNAP-Ed Nutrition, Master Gardeners,Noxious Weed Program,and Community Outreach. The meeting adjourned at noon. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5"' Street, Shelton, WA September 17, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance —Steve led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3— Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Concerned Citizens sent in a letter regarding a mining operation in Elma, WA. 4.1.2 Washington State Liquor and Cannabis Board sent a Change in limited liability members for Toucan Farms. 4.1.3 Matt Davis sent his resignation from the Civil Service Board. 4.2 News Release: Mason County Historic Preservation Vacancy. Staff: Michael MacSems 5. Open Forum for Citizen Input— No comments. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes—September 10, 2019 Regular Meeting Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the September 10, 2019 regular meeting minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of Amendment #1 to the professional services agreement with KMB Architects for the Building 10 renovation project phase 2 in the amount of$121,198. 8.2 Approval to delist the Willard Libby Barn from the Mason County Historic Registry due to demolition of the structure after snow damage in February, 2019. 8.3 Approval of contract #2HA.2060.2019.1 with the Housing Authority of Mason County to assist with roof repairs at the Pine Garden Apartment Complex. 8.4 Approval of the 2020 contract for Visitor Information Center (VIC) services with the North Mason Chamber of Commerce in the amount of$40,600. 8.5 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066675-8066887 $ 1,313,931.08 Direct Deposit Fund Warrant #s 61837-62228 $ 666,744.46 Salary Clearing Fund Warrant #s 7004665-7004702 $ 945,378.48 8.6 Approval of the temporary easement with the State of Washington, Department of Transportation (WSDOT) for parcel #42024-13-00480 for the Coffee Creek Fish Barrier Project. WSDOT will pay $500 to Mason County for this temporary easement. 8.7 Approval of Road Vacation No. 397, vacating a portion of an un-named alley in the Plat of Allyn in Mason County, Washington per recommendation of the Hearings Examiner. 8.8 Approval to consider the Hearings Examiner recommendation of Road Vacation No. 398, vacating the south half of Olympic Avenue along the North side of Block 14, lots 6 through 11 in the Plat of Hoodsport as requested by Mark and Ester Cylwik. 8.9 Approval of an Order of Sale allowing the Mason County Treasurer to schedule an online auction with Bid4Assets to sell certain tax title properties, and approval to BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 17, 2019 - PAGE 2 authorize the Chair to sign a letter of notice to the City of Shelton for parcels located within city limits. Tom Davis requested to remove item 8.3 for discussion. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.9 with the exception of 8.3. Motion carried unanimously. N-aye; S-aye; T-aye. Todd Parker explained that these funds are funds previously awarded to the Housing Authority for deck and roof repairs and will be used for that purpose at Pine Garden. Tom Davis suggested more involvement from the Board and spoke about the difficulty faced by the Housing Authority. Cmmr. Trask/Neatherlin moved and seconded to approve contract #2HA.2060.2019.1 with the Housing Authority of Mason County to assist with roof repairs at the Pine Garden Apartment Complex. Motion carried unanimously. N- aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider approval of budget supplemental appropriations and amendments to the 2019 budget. Staff: Jennifer Beierle Jennifer Beierle read through the requests noting the total budget supplemental appropriation requests in the general fund are $13,147, and $44,993 in the Community Services Health Fund. The total Budget Amendment Requests are $337,964 in the General Fund and $50,000 in the Sales &Use Tax Fund. Tom Davis asked for the accumulative amount of the supplemental appropriations for the year. Jennifer answered that the accumulative amount for the General Fund is $600,762. No public comment received. Cmmr. Neatherlin/Trask moved and seconded to adopt supplemental appropriations and amendments to the 2019 budget for the following amounts: Total Budget Supplemental Appropriation Requests- General Fund $13,147 Community Services Health Fund $44,993 Total Budget Amendment Requests- General Fund $337,964 Sales &Use Tax Fund $50,000 Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to hear objections to the roll rates and charges for Spencer Lake Management District (LMD) #3. Staff: Diane Zoren BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 17, 2019 - PAGE 3 Diane Zoren announced that this is the final hearing for the Lake Management District to consider any objections. Only two objections were received via mail. The Board took no action in regards to the objections. No public comment received. Cmmr. Trask/Neatherlin moved and seconded to approve the following resolutions for Lake management District #3: 1) A resolution confirming and approving the roll of rates&charges (Ex.A-Res.92-19) 2) A resolution prescribing interest and penalties (Ex.B-Res.93-19) 3) A resolution creating fund #195 (Ex.C—Res.91-19) Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:25 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 9/24/19 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 9/16/19 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH18253 Amendment 10 Amends Statement of Work for: 1. Childhood Lead Poisoning Prevention Program: Adds 1,370. Of funding to provide Case Management to children 14 years and younger who have been referred with elevated blood lead levels 2. Foundational Public Health Services: Adds 84,000 for Fundamental Public Health Services 3. Office of Emergency Preparedness and Response: Adds 49,342 in funding for Emergency Preparedness and Response Amends Statements of Work for the Following: 1. Maternal and Child Health Block Grant: Adds 67,694. In funding for Maternal Child Health Services 2. Office of Drinking Water Group A Program: Decrease 2,000 for Group A Technical Assistance that was not used 3. Office of Drinking Water Group B Program: Adds 5,000 to provide support for implementing local Group B water system program BUDGET IMPACTS: This increasing Amendment provides an increase of $205,406 for the 2019 and 2020 budget periods. The funding for the 2019 budget period has been included in the 2019 budget. RECOMMENDED OR REQUESTED ACTION: Approve amendment 10 CLH18253 Consolidated Contract to the Action Agenda. 9/18/2019 MASON COUNTY PUBLIC HEALTH 2018-2020 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH18253 AMENDMENT NUMBER: 10 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as"DOH",and MASON COUNTY PUBLIC HEALTH hereinafter referred to as"LHJ",pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,attached and incorporated by this reference,are amended as follows: ® Adds Statements of Work for the following programs: • Childhood Lead Poisoning Prevention Program-Effective July 1,2019 • Foundational Public Health Services(FPHS)-Effective July 1,2019 • Office of Emergency Preparedness&Response-Effective July 1,2019 ® Amends Statements of Work for the following programs: • Maternal&Child Health Block Grant-Effective January 1,2018 • Office of Drinking Water Group A Program-Effective January 1,2018 • Office of Drinking Water Group B Program-Effective January 1,2018 ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-10 Allocations, attached and incorporated by this reference,amends and replaces Exhibit B-9 Allocations as follows: ® Increase of$205,406 for a revised maximum consideration of$1,011,177. ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. 3. Exhibit C-9 Schedule of Federal Awards,attached and incorporated by this reference,amends and replaces Exhibit C-8. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of 26 AMENDMENT#10 2018-2020 CONSOLIDATED CONTRACT EXHIBIT A WORN STATEMENTS OF WORK I TABLE OF CONTENTS ! DOH Program Name or Title: Childhood Lead Poisoning Prevention Program-Effective July 1,2019..........................................................................................3 DOH Program Name or Title: Foundational Public Health Services(FPHS) -Effective July 1,2019..............................................................................................6 DOH Program Name or Title: Maternal&Child Health Block Grant-Effective January 1, 2018.................................................................................................. 10 DOH Program Name or Title: Office of Drinking Water Group A Program -Effective January 1,2018 ............................................................:.......................... 15 DOH Program Name or Title: Office of Drinking Water Group B Program-Effective January 1,2018........................................................................................ 20 DOH Program Name or Title: Office of Emergency Preparedness&Response-Effective July 1, 2019........................................................................................22 Exhibit A, Statements of Work Page 2 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT #10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Childhood Lead Poisoning Prevention Program - Local Health Jurisdiction Name: Mason County Public Health Effective July 1.2019 Contract Number: CLH 18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment El Federal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2019 through June 30,2020 ® State ❑ FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to support local interventions with the case management of elevated blood lead levels in children 14 years of age and younger. The focus of this program is to build local capacity statewide to provide case management services to all children with elevated blood lead levels. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date Healthy Communities N/A 334.04.91 25611100 07/01/19 06/30/20 0 1,370 1,370 TOTALS 0 1,370 1,370 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information Number Standards/Measures Frame and/or Amount 1 Home Visit I Submit the information collected Submit as needed Reimbursement of up a) Contact the provider to gather complete during the home visit via the within 60 days after to$500 maximum per information on the assigned elevated blood lead applicable fields of the completion. home visit,per child. level case. Washington Disease Reporting Up to two(2)home b) Contact the family to schedule the visit. System(WDRS). visits per child not to c) Visit the child's residence(or other sites where exceed total funding the child spends significant amounts of time). Submit,as attachment(s)via consideration. d) Interview the caregivers using the Child Blood WDRS the documentation of the Lead Investigation Form and conduct an Plan of Care prepared for the Note:this excludes environmental assessment to identify factors family(DOH will provide a indirect costs. that may impact the child's blood lead level. template)including a summary e) Determine if the family lives in Section 8 or of the environmental assessment HUD housing,and if the child is Medicaid and suggestions for reducing or enrolled. eliminating exposure. Provide a f) Provide educational material to the child's copy of this document or caregivers in the family's primary language. documents to the child's caregivers and provider. Exhibit A,Statements of Work Page 3 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information Number Standards/Measures Frame and/or Amount g) Arrange with family and provider to have the child retested following the Pediatric Environmental Health Specialty Unit(PEHSU) medical management guidelines: https://www..Relisu.net/ Library/facts/medical- mmnt-childhood-lead-ex osure-June-2013. df 2 Home Visit 2(optional) Submit a new or updated Plan of Submit as needed Reimbursement of up a) The purpose of the optional second home visit Care to DOH via WDRS and within 60 days of to$500 maximum per is to connect the family to other service provide a copy to the child's completion home visit,per child. providers,explain recommendations,answer caregivers and provider that Up to two(2)home questions,and provide any further needed includes: visits per child not to assistance for the family in implementing a) A summary of the results exceed total funding recommendations. of any assessments consideration. b) Facilitate the completion of a developmental conducted by LHJ staff Note:this excludes screening to be conducted by LHJ staff,via the and/or information on all indirect costs. online WithinReach Developmental Screening referrals made. Questionnaire http://www.Rarenthelpl23.orel b) The names of any at-risk or other methodology,or by referral to the family members referred child's physician or another entity trained to for blood lead testing. administer developmental screening tests. c) The names of all c) Encourage blood lead testing of other children professionals who have less than 72 months of age and pregnant or been part of the Plan of nursing persons in the home. Care or to which the family d) If appropriate,refer the family to the Women, has been referred for Infants,and Children(WIC)program or a services. Registered Dietitian Nutritionist for a nutritional assessment and to other service providers as appropriate. e) Coordinate services and communicate with other involved professionals. 3 DOH will reimburse LHJ for costs incurred for field Submit vendor invoices to DOH As needed. Total reimbursements investigation sample laboratory testing,as well as to document the reimbursement may not exceed total costs incurred for interpretation and/or translation request. funding consideration. services needed as part of case management. (See Special Billing Requirements below.) *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http://www.phaboard.ory/wp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Exhibit A, Statements of Work Page 4 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Program Svecific Requirements/Narrative Program Manual,Handbook,Policy References Guide for Public Health Case Management of Children with Elevated Blood Lead Levels littps://www.doli.wa.gov/Portals/l/Documents/4000/334414.pdf A Targeted Approach to Blood Lead Screening in Children,Washington State 2015 Expert Panel Recommendations littps://www.doli.wa.v,ov/Portals/l/Documents/Pubs/334-383.pdf Special References(RCWs,WACs,etc) Laboratories are required to report to the Department of Health all Blood Lead test results(WAC 246-101-201).Elevated results(greater than or equal to 5 mcg/dL)must be reported within two(2)days;non-elevated results need to be reported within one(1)month. Monitoring Visits(frequency,type) Telephone calls and/or in person meetings with contract manager on as as-needed basis. Definitions BLL—Blood Lead Level EBLL—Elevated Blood Lead Level PEHSU—Pediatric Environmental Health Specialty Units Special Billing Requirements The average total amount expended for laboratory, interpreter,and translation services is suggested to be approximately$185 per home visit,per child. It is recognized that more complex cases may require a higher level of services,while simpler cases may require fewer services.Total reimbursements may not exceed total funding consideration. Please note WDRS event number(s)on invoice to allow DOH review of deliverables via WDRS. Payment to completely expend the"Total Consideration"for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices may be submitted as needed within 60 days after home visit completion and must be based on actual direct program costs. Billing for services on a monthly fraction of the"Total Consideration"will not be accepted or approved. If needed,additional funding may be requested and upon DOH approval may be added if funds are available. Note: Blood Lead Case Management reimbursement excludes indirect costs. DOH Program Contact DOH Fiscal Contact Amy Bertrand,Health Services Consultant/Case Management Coordinator Victoria Reyes, Management Analyst Office of Environmental Health Sciences Assistant Secretary's Office Washington State Department of Health Telephone: 360-236-3071 Street Address: 310 Israel Rd SE,Tumwater WA 98501 Telephone: 360-236-3392/Fax 360-236-3059 Email:amy.bertrand@doh.wa.gov Exhibit A, Statements of Work Page 5 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT #10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Foundational Public Health Services Local Health Jurisdiction Name: Mason County Public Health (FPHS)-Effective July 1,2019 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ❑Federal<Select One> (check if applicable) Reimbursement Period of Performance: July 1,2019 through December 31,2020 ® State ❑FFATA(Transparency Act) ®Periodic ❑Other ❑Research&Development Distribution Statement of Work Purpose: The purpose of this statement of work is to specify how state funds for Foundational Public Health Services(FPHS)will be used for the period of July 1,2019 through June 30,2021. Note: The total consideration is for the period of July 1,2019 through June 30,2021. 2019-2021 biennial funding allocations will be divided into four six-month lump sum amounts that will be disbursed at the beginning of each six month period as follows: July, 1,2019;January 1,2020;July 1,2020;January 1,2021. The final disbursement of funds scheduled for January 1,2021 and deliverables due dates after December 31,2020 are included in this statement of work for informational purposes only and will be carried forward into a new statement of work in the new consolidated contract term beginning January 1,2021. FPHS funds must be spent in the state fiscal year(SFY)in which they are disbursed: SFY20 07/01/19-06/30/20 and SFY21 07/01/20-06/30/21. 2019-2021 Biennial Allocation: $84,000 Annual Allocation: $42,000 Six Month Disbursement: $21,000 Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FPHS FUNDING FOR LHJS N/A 336.04.25 TBD 07/01/19 06/30/20 0 42,000 42,000 FPHS FUNDING FOR LHJS N/A 336.04.25 TBD 07/01/20 12/31/20 0 42,000 42,000 TOTALS 0 84,000 84,000 Task Task/Activity/Description Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Frame 1 These funds are for delivering ANY or all of the FPHS Annual Report(template By 08/15/20 Funds are available beginning July 1,2019. communicable disease,environmental public health or provided by DOH)for SFY20 Half of the annual allocation will be assessment service and can also be used for any of the other (07/01/19—06/30/20) disbursed each July upon receipt of the FPHS capabilities that support these FPHS as defined in the Annual Report and the second half will be most current version of FPHS Definitions. disbursed each January. Exhibit A, Statements of Work Page 6 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Task Task/Activity/Description Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Frame Annual Report(template By 08/15/21 provided by DOH)for SFY21 Note: Funds must be spent in the state (07/01/20—06/30/21) fiscal year(SFY)in which they are disbursed. Tasks/Activities/Description Impact Measures Control of Communicable Disease and Other Notifiable Conditions Percent of toddlers and school age children that have 1. Provide timely,statewide,locally relevant and accurate information statewide and to communities on completed the standard series of recommended vaccinations. prevention and control of communicable disease and other notifiable conditions. 2. Identify statewide and local community assets for the control of communicable diseases and other Percent of new positive Hepatitis C lab reports that are notifiable conditions,develop and implement a prioritized control plan addressing communicable received electronically which have a completed case report. diseases and other notifiable conditions and seek resources and advocate for high priority prevention and control policies and initiatives regarding communicable diseases and other notifiable conditions. Percent of new positive Hepatitis C case reports with 3. Promote immunization through evidence-based strategies and collaboration with schools,health care completed investigations. providers and other community partners to increase immunization rates. 4. Ensure disease surveillance,investigation and control for communicable disease and notifiable Percent of Gonorrhea cases investigated. conditions in accordance with local,state and federal mandates and guidelines. .5. Ensure availability of public health laboratory services for disease investigations and response,and Percent of Gonorrhea cases investigated that are receiving reference and confirmatory testing related to communicable diseases and notifiable conditions. dual treatment(treatment for both Gonorrhea and Chlamydia 6. When Additional Important Services(AIS)are delivered regarding prevention and control of at the same time) communicable disease and other notifiable conditions,ensure that they are well coordinated with foundational services. Percent of newly diagnosed syphilis cases that receive partner services interview. Environmental Public Health TBD 1. Provide timely,state and locally relevant and accurate information statewide and to communities on environmental public health issues and health impacts from common environmental or toxic exposures. 2. Identify statewide and local community environmental public health assets and partners,and develop and implement a prioritized prevention plan to protect the public's health by preventing and reducing exposures to health hazards in the environment,seek resources and advocate for high priority policy initiatives. 3. Conduct environmental public health investigations, inspections,sampling, laboratory analysis and oversight to protect food,recreational water,drinking water and liquid waste and solid waste systems in accordance with local,state and federal laws and regulations. 4. Identify and address priority notifiable zoonotic conditions(e.g.those transmitted by birds, insects, rodents,etc.),air-borne conditions and other public health threats related to environmental hazards. 5. Protect the population from unnecessary radiation exposure in accordance with local,state and federal laws and regulations. 6. Participate in broad land use planning and sustainable development to encourage decisions that promote positive public health outcomes 7. When Additional Important Services(AIS)are delivered regarding environmental public health,assure that they are well coordinated with foundational services. Exhibit A,Statements of Work Page 7 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Tasks/Activities/Description Impact Measures Assessment(Surveillance and Epidemiology) TBD 1. Ability to collect sufficient,statewide and community level data and develop and maintain electronic information systems to guide public health planning and decision making at the state,regional and local level. 2, Ability to access,analyze,use and interpret data. 3, Ability to conduct a comprehensive community or statewide health assessment and identify health priorities arising from that assessment,including analysis of health disparities and the social determinants of health. Emergency Preparedness(All Hazards). TBD 1. Ability to develop emergency response plans for natural and man-made public health hazards;train public health staff for emergency response roles and routinely exercise response plans. 2. Ability to lead the Emergency Support Function 8—Public Health&Medical and/or a public health response for the county,region,jurisdiction and state. 3. Ability to activate and mobilize public health personnel and response teams;request and deploy resources; coordinate with public sector,private sector and non-profit response partners and manage public health and medical emergencies utilizing the incident command system. 4. Ability to communicate with diverse communities across different media,with emphasis on populations that are disproportionately challenged during disasters,to promote resilience in advance of disasters and protect public health during and following disasters. Communication. 1. Ability to engage and maintain ongoing relations with local and statewide media. 2. Ability to develop and implement a communication strategy, in accordance with Public Health Accreditation Standards,to increase visibility of public health issues. This includes the ability to provide information on health risks,healthy behaviors,and disease prevention in culturally and linguistically appropriate formats for the various communities served. Policy Development and Support 1. Ability to develop basic public health policy recommendations. These policies must be evidence-based, or, if innovative/promising,must include evaluation plans. 2. Ability to work with partners and policy makers to enact policies that are evidence-based(or are innovative or promising and include evaluation plans)and that address the social determinants of health and health equity. 3. Ability to utilize cost-benefit information to develop an efficient and cost-effective action plan to respond to the priorities identified in a community and/or statewide health assessment. Community Partnership Development 1. Ability to create and maintain relationships with diverse partners, including health-related national, statewide and community-based organizations;community groups or organizations representing populations experiencing health inequity;private businesses and health care organizations;Tribal Nations, and local,state and federal government agencies and leaders. 2. Ability to select and articulate governmental public health roles in programmatic and policy activities and coordinate with these partners. Exhibit A, Statements of Work Page 8 of 26 Contract Number CLHI 8253-10 Revised as of July 15,2019 AMENDMENT #10 Tasks/Activities/Description Impact Measures Business Competencies—Leadership Capabilities;Accountability and Quality Assurance Capabilities;Quality TBD Improvement Information;Technology Capabilities;Human Resources Capabilities;Fiscal Management, Contract and Procurement Capabilities;Facilities and Operations;Legal Capabilities. ProLyram Specific Reg u irements/Narrative Special References(RCWs,WACs,etc) Link to 2SHB 1497—http://Iawfilesext.ley.wa.p-ovibienniuni/2019-20/Pdf/Bills/House%2OPassed%2OLcyislature/1497-S2.PL.pdf FPHS Definitions www.doli.wa.gov/fphsresources Special Instructions There are two different BARS Revenue Codes for"state flexible funds"to be tracked separately and reported separately on your annual BARS report. These two BARS Revenue Codes and definitions from the State Auditor's Office(SAO'S)are listed below along with a link to the BARS Manual. 336.04.25 is the new BARS Revenue Code to use for the Foundational Public Health Services(FPHS)funds included in this statement of work. 336.04.24—County Public Health Assistance Use this account for the state distribution authorized by the 2013 2ESSB 5034,section 710.The local health jurisdictions are required to provide reports regarding expenditures to the legislature from this revenue source. 336.04.25—Foundational Public Health Services Use this account for the funding designated for the local health jurisdictions to provide a set of core services that government is responsible for in all communities in the WA state. This set of core services provides the foundation to support the work of the broader public health system and community partners. At this time the funding from this account is for delivering ANY or all of the FPHS communicable disease services(listed above)and can also be used for the FPHS capabilities that support FPHS communicable disease services as defined in the most current version of FPHS Definitions. SAO'S BARS Manual Deliverables are to be submitted to Marie Flake at marie.flake(a,doh.wa.eov DOH Program Contact Marie Flake,Special Projects,Foundational Public Health Services Washington State Department of Health PO Box 47890,Olympia, WA 98504-7890 Phone 360-236-4063/Mobile 360-951-7566 Fax 360.236.4024/marie.flake@doh.wa.gov Exhibit A, Statements of Work Page 9 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Maternal&Child Health Block Grant- Local Health Jurisdiction Name: Mason County Public Health Effective January 1,2018 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) ®Reimbursement Period of Performance: January 1,2018 through September 30,2020 ❑ State ®FFATA(Transparency Act) ❑Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to support local interventions that impact the target population of the Maternal and Child Health Block Grant. Revision Purpose: The purpose of this revision is to provide additional funding,add activities and deliverable due dates,and extend the period of performance and funding from September 30,2019 to September 30,2020 for continuation of MCHBG-related activities. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY18 MCHBG!LHJ CONTRACTS 93.994 333.93.99 78120281 01/01/18 09/30/18 56,115 0 56,115 FFY19 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120291 10/01/18 09/30/19 67,694 0 67,694 FFY20 MCHBG LHJ CONTRACTS 93.994 333.93.99 78120292 10/01/19 09/30/20 0 67,694 67,694 TOTALS 123,809 67,694 191,503 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Maternal and Child Health Block Grant(MCHBG)Administration I a Participate in calls,at a minimum of every Designated LHJ staff will participate September 30,2018 Reimbursement for quarter,with DOH contract manager. Dates and in contract management calls. September 30,2019 actual costs, not to time for calls are mutually agreed upon between September 30, 1020 exceed total funding DOH and LHJ consideration. lb Report actual expenditures for October 1,2017 Submit actual expenditures using the May 26,2018 Action Plan and through March 31,2018 MCHBG Budget Workbook to DOH Progress Reports contract manager must only reflect 1 c Develop 2018-2019 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 5,2018 activities paid for for October 1,2018 through September 30,2019 to DOH contract manager with funds provided using DOH provided template. in this statement of Exhibit A, Statements of Work Page 10 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Id Report actual expenditures for October 1,2018 Submit actual expenditures using the May 24,2019 work for the through March 31,2019 MCHBG Budget Workbook to DOH specified funding contract manager. period. 1 e Develop 2019-2020 MCHBG Budget Workbook Submit MCHBG Budget Workbook September 5,2019 for October 1,2019 through September 30,2020 to DOH contract manager See Program using DOH provided template. Specific 1 f Report actual expenditures for October 1,2017 Submit actual expenditures using the November 30,2018 Requirements and through September 30,2018 MCHBG Budget Workbook to DOH Special Billing contract manager. Requirements. Ig Participate in DOH sponsored MCHBG fall Designated LHJ staff will attend September 30, 2020 regional meeting, regional meeting, 1/1 Report actual expenditures for October 1, 2018 Submit actual expenditures using the December 6, 2019 through September 30, 2019 MCHBG Budget Workbook to DOH contract manager. i Develop 2020-2021 MCHBG Budget Workbook Submit h'CHBG Budget Workbook September 6, 2020 for October 1, 2020 through Seplember 30, 2021 to DOH contract manager using DOHprovided template. l� Report actual expenditures for the six month Submit actual expenditures using the May 22, 2020 period from October 1, 20/9 through March 31, MCHBG Budget Workbook to DOH 2020 contract manager. MCHBG Assessment and Evaluation 2a Participate in project evaluation activities Documentation using report September 30,2018 Reimbursement for developed and coordinated by DOH,as template provided by DOH September 30,2019 actual costs, not to re uested. September 30, 2020 exceed total funding 2b Report program level strategy measure data Documentation using report January 15,2018 consideration. (CSHCN,UDS,ACEs). template provided by DOH April 15,2018 July 15,2018 See Program October 15,2018 Specific 2c Conduct a Maternal and Child Health(MCH) Submit Needs Assessment May 24,2019 Requirements and Needs Assessment. documentation to DOH contract Special Billing manager using templates provided Requirements. by DOH 2d Explore health equity approaches to maternal Include health equity plan in 2020- Draft Augusl 16, 2020 and child health and develop implementation 2021 MCHBG Action Plan using Final September 6, 2020 plan DOH-provided template. Exhibit A, Statements of Work Page I I of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount MCHBG Implementation 3a Develop 2018-2019 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 17,2018 Reimbursement for October 1,2018 through September 30,2019 DOH contract manager Final-September 5, actual costs,not to using DOH-provided template. 2018 exceed total funding 3b Report activities and outcomes of 2017-2018 Submit Action Plan monthly reports Monthly,on or before consideration. MCHBG Action Plan using DOH-provided to DOH contract manager the 151h of the following Action Plan and template. month Progress Reports 3c Develop 2019-2020 MCHBG Action Plan for Submit MCHBG Action Plan to Draft August 17,2019 must only reflect October 1,2019 through September 30,2020 DOH contract manager Final-September 5, activities paid for using DOH-provided template. 2019 with funds provided 3d Report activities and outcomes of 2018-2019 Submit Action Plan monthly reports Monthly,on or before in this statement of MCHBG Action Plan using DOH-provided to DOH contract manager the 15'h of the following work for the template. month specified funding 3e Develop 2020-2021 MCHBG Action Plan for Submit ATCHBG Action Plan to Draft August 16, 2020 period. October 1, 2020 through September 30, 2021 DOH contract manager Final September 6, 2020 using DOH-provided tem late. See Program 3f Report activities and outcomes of 2019-2020 Submit Action Plan monthly reports Monthly, on or before Specific AICHBG Action Plan using DOH-provided to DOH contract manager the 15'4 of the following Requirements and template. month Special Billing Requirements. Children and Youth with Special Health Care Needs(CYSHCN) 4a Complete Child Health Intake Form(CHIF) Submit CHIF data into Secure File January 15,2018 Reimbursement for using the CHIF Automated System on all infants Transport(SFT)website: April 15,2018 actual costs,not to and children served by the CYSHCN Program as https://sft.wa.pov July 15,2018 exceed total funding referenced in CSHCN Program Manual. October 15,2018 consideration. Ensure client data is collected on all children January 15,2019 Action Plan and served by CYSHCN contractors, including April 15,2019 Progress Reports neurodevelopmental centers,regional July 15,2019 must only reflect maxillofacial coordinators,and the DOH October 15, 2019 activities paid for Newborn Screening Program. .Ianuar v 15, 2020 with funds provided April 15, 2020 in this statement of July 15, 2020 work for the 4b Administer requested DOH Diagnostic and Submit completed Health Services 30 days after forms are specified funding Treatment funds for infants and children per Authorization forms and Central completed. period. CYSHCN Program Manual when funds are used. Treatment Fund requests directly to the C)'SHCN Program as needed. See Program Specific Requirements and Exhibit A,Statements of Work Page 12 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Task *May Support PHAB Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Due Date/Time Frame Information and/or Amount Special Billing Requirements. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: littp://www.phaboard.orWwp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Program Specific Req uirements/Narrative Special Requirements Federal Funding Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Manual,Handbook,Policy References Children and Pouch with Special Health Care Needs Manual- 209 GSW-X AMnu htWs://wii,ir doh.wayov/ForPtrhlicHealthandHealthcareProviders/PublicHealthSj,stemResourcesandSen,ices/LocalHealthResozu•cesandTools/MalernalandChildHealthBlockGr•a nt/C'hildi•enand I'outhWitlr,SpecialHealthCareNeeds Health Services Authorization(HSA)Form http://www.doh.wa.gov/Portals/I/Documents/Pubs/910-002-ApprovedHSA.docx Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.) 1. At least 30%of federal Title V funds must be used for preventive and primary care services for children and at least 30%must be used services for children with special health care needs. [Social Security Law,Sec. 505(a)(3)]. 2. Funds may not be used for: a. Inpatient services,other than inpatient services for children with special health care needs or high risk pregnant women and infants,and other patient services approved by Health Resources and Services Administration(HRSA). b. Cash payments to intended recipients of health services. c. The purchase or improvement of land,the purchase,construction,or permanent improvement of any building or other facility, or the purchase of major medical equipment. d. Meeting other federal matching funds requirements. e. Providing funds for research or training to any entity other than a public or nonprofit private entity. f. payment for any services furnished by a provider or entity who has been excluded under Title XVIII(Medicare),Title XIX(Medicaid),or Title XX(social services block grant).[Social Security Law,Sec 504(b)]. Exhibit A, Statements of Work Page 13 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 3. If any charges are imposed for the provision of health services using Title V(MCH Block Grant)funds,such charges will be pursuant to a public schedule of charges;will not be imposed with respect to services provided to low income mothers or children;and will be adjusted to reflect the income,resources,and family size of the individual provided the services. [Social Security Law,Sec. 505 (1)(D)). Monitoring Visits(frequency,type) Telephone calls with contract manager at least one every quarter, and annual site visit. Special Billing Requirements Payment is contingent upon DOH receipt and approval of all deliverables and an acceptable A19-IA invoice voucher. Payment to completely expend the"Total Consideration' for a specific funding period will not be processed until all deliverables are accepted and approved by DOH. Invoices must be submitted monthly by the 30th of each month following the month in which the expenditures were incurred and must be based on actual allowable program costs. Billing for services on a monthly fraction of the"Total Consideration'will not be accepted or approved. Special Instructions Contact DOH contract manager below for approval of expenses not reflected in approved budget workbook. DOH Program Contact Mary Dussol,Community Consultant Office of Family and Community Health Improvement Washington State Department of Health Street Address: 310 Israel Rd SE,Tumwater,WA 98501 Mailing Address:PO Box 47848,Olympia,WA 98504 Telephone: 360-236-33781 /Fax: 360-236-33646 Email: Mary.Dussol@doh.wa.gov Exhibit A, Statements of Work Page 14 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Office of Drinking Water Group A Program- Local Health Jurisdiction Name: Mason County Public Health Effective January 1,2018 Contract Number: CLH 18253 SOW Type: Revision Revision#(for this SOW) 4 Funding Source Federal Compliance T pe of Payment ®Federal Contractor (check if applicable) Reimbursement Period of Performance: January 1,2018 through December 31,2020 ® State ❑FFATA(Transparency Act) ®Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems. Revision Purpose: The purpose of this revision is to decrease Total Consideration,revise Special Billing Requirements,and move remaining SS and TA federal funds from Yr 21 SRF to Yr 22 SRF. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Decrease(—) Consideration Code Code Start Date End Date Yr 20 SRF-Local Asst(15%)((FS) SS N/A 346.26.64 24139220 01/01/18 12/31/18 0 0 0 Sanitary Survey Fees FO-SW) SS-State N/A 346.26.65 24232522 01/01/18 12/31/19 24,800 0 24,800 Yr 20 SRF-Local Asst(15%)(FS) TA N/A 346.26.66 24139220 01/01/18 12/31/18 0 0 0 Yr 21 SRF-Local Asst 15% FS SS N/A 346.26.64 24139221 01/01/18 06/30/19 24,800 -13,600 11,200 Yr 21 SRF-Local Asst 15% FS TA N/A 346.26.66 24139221 01/01/18 06/30/19 4,000 -4,000 0 Yr 22 SRF-Local Asst 15% FO-SW SS N/A 346.26.64 24239222 01/01/19 12/31/19 0 13,600 13,600 Yr 22 SRF-Local Asst 15% (FO-SW)TA N/A 346.26.66 1 24239222 1 01/01/19 12/31/19 0 2,000 2,000 TOTALS 53,600 -2,000 51600 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Standards/Measures Frame I Trained LHJ staff will conduct Provide Final* Sanitary Final Sanitary Upon ODW acceptance of the Final sanitary surveys of small community Survey Reports to ODW Survey Reports Sanitary Survey Report,the LHJ shall be and non-community Group A water Regional Office.Complete must be received by paid$400 for each sanitary survey of a non- systems identified by the DOH Office Sanitary Survey Reports the ODW Regional community system with three or fewer of Drinking Water(ODW)Regional shall include: Office within 30 connections. Office. 1. Cover letter identifying calendar days of significant deficiencies, conducting the Upon ODW acceptance of the Final See Special Instructions for task significant findings, sanitary survey. Sanitary Survey Report,the LHJ shall be activity. observations, paid$800 for each sanitary survey of a non- recommendations,and Exhibit A,Statements of Work Page 15 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment information and/or Amount Number Standards/Measures Frame referrals for further community system with four or more ODW follow-up. connections and each community system. 2. Completed Small Water DOH will provide a tablet and GPS System checklist. Payment is inclusive of all associated costs unit for the LHJ to gather source data 3. Updated Water such as travel, lodging,per diem. during a routine sanitary survey.DOH Facilities Inventory expects the LHJ to commit to using (WFI). Payment is authorized upon receipt and the tablet and GPS for a five-year 4. Photos of water system acceptance of the Final Sanitary Survey period. with text identifying Report within the 30-day deadline. features 5. Any other supporting Late or incomplete reports may not be documents. accepted for payment. *Final Reports reviewed and accepted by the ODW Regional Office. The LHJ surveyor will record at least two(2)GPS data points,for each source, into the preloaded Excel template on the tablet and submit that data file with the associated sanitary survey. 2 Trained LHJ staff will conduct Provide completed SPI Completed SPI Upon acceptance of the completed SPI Special Purpose Investigations(SPI) Report and any supporting Reports must be Report,the LHJ shall be paid$800 for each of small community and non- documents and photos to received by the SPI. community Group A water systems ODW Regional Office. ODW Regional identified by the ODW Regional Office within 2 Payment is inclusive of all associated costs Office. working days of the such as travel, lodging,per diem. service request. See Special Instructions for task Payment is authorized upon receipt and activity. acceptance of completed SPI Report within the 2 working day deadline. Late or incomplete reports may not be accepted for payment. Exhibit A, Statements of Work Page 16 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Task Task/Activity/Description *May Support PHAB Deliverables/Outcomes Due Date/Time Payment Information and/or Amount Number Standards/Measures Frame 3 Trained LHJ staff will provide direct Provide completed TA Completed TA Upon acceptance of the completed TA technical assistance(TA)to small Report and any supporting Report must be Report,the LHJ shall be paid for each community and non-community documents and photos to received by the technical assistance activity as follows: Group A water systems identified by ODW Regional Office. ODW Regional • Up to 3 hours of work: $250 the ODW Regional Office. Office within 30 . 3-6 hours of work: $500 calendar days of . More than 6 hours of work: $750 See Special Instructions for task providing technical activity. assistance. Payment is inclusive of all associated costs such as consulting fee,travel,lodging,per diem. Payment is authorized upon receipt and acceptance of completed TA Report within the 30-day deadline. Late or incomplete reports may not be accepted for payment. 4 LHJ staff performing the activities Prior to attending the Annually LHJ shall be paid mileage,per diem, under tasks 1,2 and 3 must have training,submit an lodging,and registration costs as approved completed the mandatory Sanitary "Authorization for Travel on the pre-authorization form in accordance Survey Training. (Non-Employee)'DOH with the current rates listed on the OFM Form 710-013 to the ODW Website See Special Instructions for task Program Contact below for http://www.ofm.wa.p-ov/resources/travel.asp activity. approval(to ensure that enough funds are available). *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http://www.phaboard.orgLU-content/uploads/PHAB-Standards-and-Measures-Version-l.O.pdf Program Specific Requirements/Narrative Special References(RCWs,WACs,etc) Chapter 246-290 WAC is the set of rules that regulate Group A water systems. By this statement of work,ODW contracts with the LHJ to conduct sanitary surveys(and SPIs,and provide technical assistance)for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys(and SPIs,and provide technical assistance)for small community and non-community water systems with surface water sources, large water systems,and systems with complex treatment. LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work. See special instructions under Task 4, below. Exhibit A, Statements of Work Page 17 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Special Billing Requirements The LHJ shall submit quarterly invoices within 30 days following the end of the quarter in which work was completed, noting on the invoice the quarter and year being billed for. Payment cannot exceed a maximum accumulative fee of$49,600 for Task 1,and 84;000$2,000 for Task 2,Task 3 and Task 4 combined during the contracting period,to be paid at the rates specified in the Payment Method/Amount section above. When invoicing for sanitga surveys,bill half to BARS Revenue Code 346.26.64 and half to BARS Revenue Code 346.26.65. When invoicing for Task 1,submit the list of WS Name,ID#,Amount Billed, Survey Date and Letter Date that you are requesting payment. When invoicing for Task 2-3,submit the list of WS Name,ID#,TA Date and description of TA work performed,and Amount Billed. When invoicing for Task 4,submit receipts and the signed pre-authorization form for non-employee travel to the ODW Program Contact below and a signed A19-1A Invoice Voucher to the DOH Grants Management,billing to BARS Revenue Code 346.26.66 under Technical Assistance(TA). Special Instructions Task 1 Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW. Detailed guidance is provided in the Field Guide for Sanitary Surveys, Special Purpose Investigations and Technical Assistance(Field Guide). The sanitary survey will include an evaluation of the following eight elements: source;treatment;distribution system;finished water storage;pumps,pump facilities and controls;monitoring,reporting and data verification;system management and operation;and certified operator compliance. If a system is more complex than anticipated or other significant issues arise,the LHJ may request ODW assistance. • No more than 0 surveys of non-community systems with three or fewer connections to be completed between January 1,2018 and December 31,2018. • No more than 28 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2018 and December 31,2018. • No more than 10 surveys of non-community systems with three or fewer connections to be completed between January 1,2019 and December 31,2019. • No more than 29 surveys of non-community systems with four or more connections and all community systems to be completed between January 1,2019 and December 31,2019. The process for assignment of surveys to the LHJ,notification of the water system,and ODW follow-up with unresponsive water systems;and other roles and responsibilities of the LHJ are described in the Field Guide. Task 2 Trained LHJ staff will perform Special Purpose Investigations(SPIs)as assigned by ODW. SPIs are inspections to determine the cause of positive coliform samples or the cause of other emergency conditions. SPIs may also include sanitary surveys of newly discovered Group A water systems. Additional detail about conducting SPIs is described in the Field Guide.The ODW Regional Office must authorize in advance any SPI conducted by LHJ staff. Task 3 Trained LHJ staff will conduct Technical assistance as assigned by ODW.Technical Assistance includes assisting water system personnel in completing work or verifying work has been addressed as required,requested,or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide.The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system. Task 4 LHJ staff assigned to perform activities under tasks 1,2,and 3 must be trained and approved by ODW prior to performing work.LHJ staff performing the activities under tasks 1, 2 and 3 must have completed,with a passing score,the ODW Online Sanitary Survey Training and the ODW Sanitary Survey Field Training.LHJ staff performing activities under tasks 1,2,and 3 must attend the Annual ODW Sanitary Survey Workshop,and are expected to attend the Regional ODW LHJ Drinking Water Meetings. Exhibit A,Statements of Work Page 18 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 If required trainings,workshops or meetings are not available,not scheduled,or if the LHJ staff person is unable to attend these activities prior to conducting assigned tasks,the LHJ staff person may,with ODW approval, substitute other training activities to be determined by ODW. Such substitute activities may include one-on-one training with ODW staff,co-surveys with ODW staff,or other activities as arranged and pre-approved by ODW.LHJ staff may not perform the activities under tasks 1,2,and 3 without completing the training that has been arranged and approved by ODW. Program Manual,Handbook,Policy References htta://www.doh.wa.iEov/Portals/1/Documen ts/Pubs/331-486.ndf DOH Program Contact DOH Fiscal Contact Denise Miles Karena McGovern DOH Office of Drinking Water DOH Office of Drinking Water 243 Israel Rd SE 243 Israel Rd SE Tumwater,WA 98501 Tumwater,WA 98501 Den ise.MilesAdoh.wa.gov Karena.McGovernOdoh.wa.gov (360)236-3028 (360)236-3094 Exhibit A, Statements of Work Page 19 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Office of Drinking Water Group B Program- Local Health Jurisdiction Name: Mason County Public Health Effective January 1,2018 Contract Number: CLH18253 SOW Type: Revision Revision#(for this SOW) 2 Funding Source Federal Compliance T pe of Payment El Federal<Select One> (check if applicable) 15 Reimbursement Period of Performance: January 1,2018 through December 31,2020 ® State ❑FFATA(Transparency Act) ® Fixed Price ❑Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to provide financial support to LHJs implementing local Group B water system programs. Revision Purpose: The purpose of this revision is to extend the Period of Performance end date from June 30,2019 to December 31,2020,increase Current Consideration,revise Special Billing Requirements,and change the DOH Program Contact. Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date GFS-Group BFO-SW) N/A 334.04.90 24230103 01/01/18 06/30/18 2,500 0 2,500 FY2 Group B Programs for DW(FO-SW) N/A 334.04.90 24230105 07/01/18 06/30/19 5,000 0 5,000 GFS-Group BFO-S N/A 334.04.90 24230103 07/01/19 06/30/20 0 2,500 2,500 GFS-Group BFO-SW) N/A 334.04.90 24230103 07/01/20 12/31/20 0 2,500 2,500 TOTALS 7,500 5,000 12,500 Task *May Support PHAB Memorandum of Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Agreement Number Information and/or Amount 1 Implement a partial Group B water system An executed joint plan of Reference DOH JPR# Lump sum payment program. responsibility(JPR)with DOH CLH20495 (See Special Billing identifying responsibilities of a Requirements) partial Group B program. *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http•//www phaboard orgJwp-content/uploads/PHAB-Standards-and-Measures-Version-1.O.pdf Exhibit A, Statements of Work Page 20 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Prosram Specific Requirements/Narrative Special Billing Requirements For January 1, 2018—June 30, 2019, the LHJ shall submit three semi-annual invoices as follows: $2,500 in the first half of each calendar year(no later than May 15)and$2,500 in the second half of each calendar year(no later than November 15). Payment cannot exceed a maximum cumulative fee of$5,000 per year. For Julv 1, 2019—December 31, 2020, the LHJshall submit tm,o invoices as follows: S2,500 between July 1, 2019—June 30, 2020(no later than MUv 15, 2020) and$2,500 between Julv 1, 2020—December 31, 2020. Payment cannot exceed the amounts indicated during the time periods above. DOH Program Contact DOH Fiscal Contact Bennie ui.,,,br:gh, n c Denise Miles Karena McGovern Southwest Regional AMmager Office DOH Office of Drinking Water DOH Office of Drinking Water 243 Israel Rd SE 243 Israel Rd SE Tumwater,WA 98501 Tumwater,WA 98501 Karena.Mcgovern ct,doli.wa.gov Bennie.uif.,►, a a.0• ar (360)236-3094 Denise.M iles(a)doh.wa.gov (360)236 3025 3028 Exhibit A,Statements of Work Page 21 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Exhibit A Statement of Work Contract Term: 2018-2020 DOH Program Name or Title: Office of Emergency Preparedness&Response- Local Health Jurisdiction Name: Mason County Public Health Effective July 1,2019 Contract Number: CLH18253 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance T pe of Payment ®Federal Subrecipient (check if applicable) Reimbursement Period of Performance: July 1,2019 through June 30,2020 ❑ State ®FFATA(Transparency Act) ❑Fixed Price ❑ Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work is to establish the funding and tasks for the Public Health Emergency Preparedness and Response program for the 2019 grant period. Revision Purpose: N/A Chart of Accounts Program Name or Title CFDA# BARS Master Funding Period Current Change Total Revenue Index (LHJ Use Only) Consideration Increase(+) Consideration Code Code Start Date End Date FFY19 PHEP BPI LHJ FUNDING 93.069 333.93.06 31102190 07/01/19 06/30/20 0 49,342 49,342 TOTALS 1 0 1 49,342 1 49,342 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount 1 Attend emergency preparedness events,(e.g. Submit summary on the mid-year December 31,2019 Reimbursement for trainings,meetings,conference calls,and and end of year progress report. and June 30,2020 actual costs not to conferences)as necessary to advance LHJ exceed total funding preparedness or complete the deliverables in this consideration amount statement of work. 2 Complete reporting templates as requested by Submit completed templates to Upon request DOH to comply with program and federal grant DOH. requirements such as: gap analysis,mid-year report and end-of-year report,etc. 3 Complete all performance measure reporting Submit completed performance Upon request requirements as requested by DOH. measure data. 4 Participate in at least one emergency preparedness Submit mid-year and end of year December 31,2019 training provided to LHJ staff by DOH or a DOH- progress reports. and June 30,2020 contracted partner. Training may be conducted in- person or via webinar. Submit documentation of participation in trainin s. if Exhibit A, Statements of Work Page 22 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT #10 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount training is conducted by a partner, provide a sign in sheet with participants' contact information. 5 Washington Secure Electronic Communication, Submit mid-year and end of year December 31,2019 Urgent Response and Exchange System progress reports. and June 30,2020 (WASECURES): 5.1)Maintain WASECURES program as the A list of registered users to include December 31,2019 primary emergency notification system within the their title and role in the LHJ for receiving alerts from DOH,and include all emergency response plan. critical LHJ positions as registered users. Within one week of Submit results of notification drills the drill,but no later 5.2)Participate in DOH-led WASECURES conducted or participated in. than June 30,2020 notification drills. 5.3)Conduct a notification drill using LHJ's preferred staff notification system. Notes: Registered users must log in quarterly at a minimum. DOH will provide on-site technical assistance to LHJs,as needed,on using WASECURES.LHJs may choose to use other notification systems in addition to WASECURES to alert staff during incidents. 6 Communications: Submit mid-year and end of year December 31,2019 progress reports. and June 30,2020 6.1)Participate in at least one risk communications webinar hosted by DOH. Webinars will be offered twice;one in the first half of the budget period and Submit messaging used to inform Within 90 days of one in the second half of the budget period. the public during drills, including a drill,but no later than summary of how communication June 30,2020 6.2)Participate in DOH Public Information Officer tools were used. Workgroup. Documentation of items identified Within 90 days of the 6.3)Participate in at least one risk communications in hot wash. end of the incident, drill conducted by DOH.Drill will occur via but no later than webinar,conference call,and email. Drill will test June 30,2020 LHJ's ability to develop and disseminate key messages via social media,email to community partners,phone trees,newsletters,and other means preferred by the LHJ. Exhibit A,Statements of Work Page 23 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Task *May Support PHAB Due Date/Time Payment Number Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Amount 6.4)Conduct a hot wash evaluating LHJ Submit documentation of Within 90 days of the participation in the drill. participation in incident including end of the incident, communication methods and tools but no later than 6.5)Participation in a real-world incident will used. Submit AAR. June 30,2020 satisfy the need to participate in a communications drill. 7 Update plans to request,receive,and dispense Submit mid-year and end of year December 31,2019 Medical Countermeasures(MCM).Plans should progress reports. and June 30,2020 include the addresses of all local public Points of Dispensing(PODS)(not including pharmacies or healthcare facilities),sources of public POD Updated Medical Countermeasures June 30,2020 staffing,local receiving and pickup sites(Hubs) Plan. identified by the LHJ,and whether the LHJ intends to pick up countermeasures from DOH. Note#1:LHJs are not required to maintain a Hub; LHJs may partner with other organizations to centralize distribution. Note#2: DOH will provide technical assistance to LHJs on core elements of an MCM plan. 8 Provide immediate notification to the DOH Duty Submit mid-year and end of year December 31,2019 Officer at 360-888-0838 or hanalert(a)doh.wa.gov progress reports including and June 30,2020 for all response incidents involving utilization of documentation that notification to emergency response plans and structures. DOH was provided;or statement that no incident response occurred. Notification to DOH duty officer. As soon as possible (performance measure target is within 60 minutes 9 Produce and provide situation reports documenting Submit mid-year and end of year December 31,2019 LHJ activity to DOH during all incidents involving progress reports to include and June 30,2020 an emergency response or activation by the LHJ. situation reports demonstrating Situation reports may be developed by the LHJ,or DOH was notified of incident maybe jurisdictional situation reports that include response,or statement that no input from the LHJ. incident response occurred. Submit situation reports to DOH Upon completion,but Duty Officer by email to no later than June 30, HANALERT(a.doh.wa.gov. 2020 Exhibit A,Statements of Work Page 24 of 26 Contract Number CLH 18253-10 Revised as of July 15,2019 AMENDMENT#10 Task *May Support PHAB Due Date/Time Payment Task/Activity/Description Standards/Measures Deliverables/Outcomes Frame Information and/or Number Amount 10 Provide Essential Elements of Information(EEIs) Provide essential elements of Upon request during incident response upon request by DOH. information upon request. Note: DOH will convey requests for specific data elements EEIs to the LHJ during an incident. 11 Attend regional Health Care Coalition district Submit mid-year and end of year December 31,2019 meetings and/or inform RERC of jurisdictional progress reports documenting and June 30,2020 input(district meetings can be attended via participation in meetings and/or webinar or in person),as requested by HCC Lead webinars. and deemed appropriate b LHJ. 12 Participate with regional Health Care Coalition Submit mid-year and end of year December 31,2019 (HCC)in the information sharing process during progress reports documenting and June 30,2020 incidents and at least one planning process or participation and information exercise conducted to inform on the roles and sharing during incident(s), responsibilities of public health. planning process(es), and/or exercise(s). 13 Participate in development of Disaster Clinical Submit mid-year and end of year December 31,2019 Advisory Committee(DCAC)meetings as progress reports documenting and June 30,2020 appropriate.May include identifying local clinical participation in DCAC. participants,attending meetings via webinar and reviewin planning efforts. Submit mid-year and end of year December 31,2019 14 Participate in HCC planning process to update plans by reviewing coalition plans for alignment progress reports. and June 30,2020 with local ESF8 plans. 15 Complete an evaluation of your response Document evaluation participation December 31,2019 capabilities based on a standard evaluation tool in the mid-year and end of year and June 30,2020 provided by DOH. progress reports. 16 Produce a budget plan including a detailed 12- Submit budget plan using DOH- August 1,2019 month spending plan demonstrating how the LHJ provided template. plans to spend the funds during this period of performance,using a budget template provided by DOH. Note:20%of LHJ's annual allocation will be withheld until this requirement is met. Failure to meet this requirement may result in DOH redirecting funds from the LHJ. Exhibit A,Statements of Work Page 25 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 AMENDMENT#10 *For Information Only: Funding is not tied to the revised Standards/Measures listed here. This information may be helpful in discussions of how program activities might contribute to meeting a Standard/Measure. More detail on these and/or other Public Health Accreditation Board(PHAB)Standards/Measures that may apply can be found at: http://www.phaboard.org/wp-content/uploads/PHAB-Standards-and-Measures-Version-I&X f Proeram Specific Reg uirem ents/Narrative Any subcontract/s must be approved by DOH prior to executing the contract/s. Deliverables are to be submitted to the ConCon deliverables mailbox at concondeliverables(iDdoh.wa.pov Special Requirements Federal Fundine Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS(&)number. Information about the LHJ and this statement of work will be made available on USASpendinp,.gov by DOH as required by P.L. 109-282. Restrictions on Funds Please reference the Code of Federal Regulations: hns://www.ecfr.gov/cgi-bin/retrieveECFR?gp=]&SID=58ffddb5363a27f26e9dl2ccec462549&tv=HTML&h=L&mc=true&r=PART&n=pt2 1 200#set 1 200_1439 DOH Program Contact Karen Kenneson,Admin Operations Supervisor Department of Health P O Box 47960,Olympia,WA 98504-7960 360-236-4075/karen.kenneson@doh.wa.gov Exhibit A,Statements of Work Page 26 of 26 Contract Number CLH18253-10 Revised as of July 15,2019 EXHIBIT B-10 ALLOCATIONS Contract Number: CLH18253 Mason County Public Health Date: July 15,2019 Contract Term:2018-2020 Indirect Rate as of January 2018: 13.71% DOH Use Only Indirect Rate as of January 2019:14.53% Funding Chart of BARS Statement of Work Chart of Accounts g Revenue Funding Period Funding Period Period Accounts Federal Award te Start Date End Date Amount Sub Total Tota Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Da NEP 5-6 Onsite Sewage Management OOJ88801 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $10,904 $85,330 $85,330 NEP 5-6 Onsite Sewage Management OOJ88801 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 10/01/14 08/31/19 $74,426 PS SSI 1-5 OSS Task 4 OIJ18001 Amd 2,8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 ($13,337) $86,541 $86,541 PS SSI 1-5 OSS Task 01J18001 N/A,Amd 8 66.123 333.66.12 01/01/18 06/30/19 07/01/17 06/30/19 $99,878 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 Amd 2 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $9,062 $28,979 $28.979 FFY17 EPR PHEP BPI LHJ Funding NU90TP921889-01 N/A 93.069 333.93.06 01/01/18 06/30/18 07/01/17 07/02/18 $19,917 FFY18 EPR PHEP BPI Supp LHJ Funding NU90TP921889-01 Amd 5 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 $888 $49,341 $49,341 NU90TP921889-01 Amd 4 93.069 333.93.06 07/01/18 06/30/19 07/01/18 06/30/19 548,453 FFY18 EPR PHEP BPI Supp LHJ Funding FFY19 PIIEP BPI LHJ Funding NGA Not Received Amd 10 93.069 333.93.06 07/01/19 06/30/20 07/01/19 06/30/20 549.342 $49,342 $49,342 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 8 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $35,000 $110,000 $173,027 FFY18 Prescription Drug OD-Supp NU17CE002734 Amd 4 93.136 333.93.13 09/01/18 08/31/19 09/01/18 08/31/19 $75,000 FFY17 Prescription Drug OD-Supp U17CE002734 Amd 2 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $29,627 $63,027 FFY17 Prescription Drug OD-Supp U17CE002734 N/A 93.136 333.93.13 01/01/18 08/31/18 09/01/17 08/31/18 $33,400 FFY17 Increasing Immunization Rates NH23IP000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $5,600 $5,600 $5,600 FFY20 PPHF Ops NH231P922619 Amd 9 93.268 333.93.26 07/01/19 06/30/20 07/01/19 06/30/20 $500 $500 $1,000 FFY17 PPHF Ops NH231P000762 Amd 3,4 93.268 333.93.26 07/01/18 06/30/19 07/01/18 06/30/19 $500 $500 317 Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $1,423 $1,423 $1,423 FFY17 17317 5NH23IP000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 04/01/17 06/30/18 $4,293 $4,293 $4,293 FFY FFY17 AFC Ops NH231P922619 Amd 9 93.268 333.93.26 07/01/19 06/30/20 07/01/19 06/30/20 $5,600 $5,600 $7,828 7 FC Ops 5NH231P000762-05-00 N/A 93.268 333.93.26 01/01/18 06/30/18 `04/01/17 06/30/18 $2,228 $2,228 FFY1mNGA Not Received Ad 10 93.994 333.93.99 10/01/19 09/30/20 10/01/19 09/30/20 $67,694 $67,694 $191,5113 FFY 7 VMCHBG LHJ Contracts 2 MCHBG LHJ Contracts B04MC32578 Amd 4 93.994 333.93.99 10/01/18 09/30/19 10/01/18 09/30/19 $67,694 $67,694 FFY FFY19 MCHBG LHJ Contracts B04MC31524 Amd 2 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $5,344 $56,115 FFY18 MCHBG LHJ Contracts B04MC31524 N/A 93.994 333.93.99 01/01/18 09/30/18 10/01/17 09/30/18 $50,771 Amd 3 N/A 334.04.90 07/01/18 06/30/19 07/01/17 06/30/19 $5,000 $5,000 $5,000 FY2 Group B Programs for DW(FO-SW) Page 1 of 3 EXHIBIT B-10 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2020 Date: July 15,2019 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019: 14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/20 12/31/20 07/01/19 06/30/21 $2,500 $2,500 $7,500 GFS-Group B(FO-SW) Amd 10 N/A 334.04.90 07/01/19 06/30/20 07/01/19 06/30/21 $2,500 $2,500 GFS-Group B(FO-SW) N/A N/A 334.04.90 01/01/18 06/30/18 07/01/17 06/30/19 $2,500 $2,500 Healthy Communities Amd 10 N/A 334.04.91 07/01/19 06/30/20 07/01/19 06/30/21 $1,370 $1,370 $1,370 SFY2 Lead Environments of Children Amd 4 N/A 334.04.93 07/01/18 06/30/19 07/01/18 06/30/19 $1,500 $1,500 $4,500 SFYI Lead Environments of Children Amd 2 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 $3,000 SFYI Lead Environments of Children Amd 1 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/18 $1,500 Rec Shellfish/Biotoxin Amd 9 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/21 $3,500 $3,500 $11,000 Rec Shellfish/Biotoxin N/A N/A 334.04.93 01/01/18 06/30/19 07/01/17 06/30/19 $7,500 $7,500 Wastewater Management-GFS Amd 9 N/A 334.04.93 07/01/20 12/31/20 07/01/19 06/30/21 $30,000 $30,000 $120,000 Wastewater Management-GFS Amd 9 N/A 334.04.93 07/01/19 06/30/20 07/01/19 06/30/21 $30,000 $30,000 Wastewater Management-GFS Amd 5 N/A 334.04.93 07/01/18 06/30/19 07/01/17 06/30/19 $43,274 $43,274 Wastewater Management-GFS Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 ($43,274) $16,726 Wastewater Management-GFS N/A,Amd 5 N/A 334.04.93 01/01/18 06/30/18 07/01/17 06/30/19 $60,000 FPHS Funding for LHJs Amd 10 N/A 336.04.25 07/01/20 12/31/20 07/01/19 06/30/21 $42,000 542,000 $126,000 FPHS Funding for LHJs Amd 10 N/A 336.04.25 07/01/19 06/30/20 07/01/19 06/30/21 $42,000 $42,000 FPHS Funding for LHJs Du Amd 3 N/A 336.04.25 07/01/18 06/30/19 07/01/17 06/30/19 $42,000 $42,000 YR 20 SRF-Local Asst(15%)(FS)-SS Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 ($12,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-SS N/A,Amd 3 N/A 346.26.64 01/01/18 12/31/18 07/01/17 12/31/18 $12,000 YR 21 SRF-Local Asst(15%)(FS)SS Amd 10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 ($13,600) $11,200 $11,200 YR 21 SRF-Local Asst(15%)(FS)SS Amd 7,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $800 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 6, 10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $12,000 YR 21 SRF-Local Asst(15%)(FS)-SS Amd 3,10 N/A 346.26.64 01/01/18 06/30/19 07/01/17 06/30/19 $12,000 YR 22 SRF-Local Asst(15%)(FO-SW)SS Amd 10 N/A 346.26.64 01/01/19 12/31/19 07/01/19 06/30/21 $13,600 $13,600 $13,600 Sanitary Survey Fees(FO-SW)-SS State Amd 7 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $800 $24,800 $24,800 Sanitary Survey Fees(FO-SW)-SS State Amd 6 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 Sanitary Survey Fees(FO-SW)-SS State N/A,Amd 3,6 N/A 346.26.65 01/01/18 12/31/19 07/01/17 12/31/19 $12,000 YR 20 SRF-Local Asst(15%)(FS)-TA Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 ($2,000) $0 $0 YR 20 SRF-Local Asst(15%)(FS)-TA N/A,Amd 3 N/A 346.26.66 01/01/18 12/31/18 07/01/17 12/31/18 $2,000 Page 2 of 3 EXHIBIT B-10 Mason County Public Health ALLOCATIONS Contract Number: CLH18253 Contract Term:2018-2020 Date: July 15,2019 Indirect Rate as of January 2018:13.71% Indirect Rate as of January 2019:14.53% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Revenue Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# CFDA* Code** Start Date End Date Start Date End Date Amount Sub Total Total YR 21 SRF-Local Asst(15%)(FS)TA Amd 10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 ($4,000) $0 $0 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 6,10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 $2,000 YR 21 SRF-Local Asst(15%)(FS)-TA Amd 3,10 N/A 346.26.66 01/01/18 06/30/19 07/01/17 06/30/19 $2,000 YR 22 SRF-Local.Asst(15%)(FO-SW)TA Amd 10 N/A 346.26.66 01/01/19 12/31/19 01/01/19 06/30/21 $2,000 $2,000 $2,000 TOTAL $1,011,177 S1,011,177 Total consideration: 5805,771 GRAND TOTAL S1,011,177 $205,406 GRAND TOTAL S1,011,177 Total Fed $684,207 Total State $326,970 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Page 3 of 3 Exhibit C-9 Schedule of Federal Awards AMENDMENT#10 Date:July 15,2019 MASON COUNTY HEALTH SERVICES-SVVV0001893-04 CONTRACT CLH18253-Mason County Public Health CONTRACT PERIOD: 01/01/2018-12/31/2020 DOH Total Amt Allocation Period Chart of Accounts Program Title BARS Federal Federal Start End Contract Amt CFDA CFDA Program Title Federal Agency Name Federal Award Federal Grant Award Name Award Date Award Date Date Identification Number Puget Sound Action Agenda. PS SSI 1-5 OSS TASK 4 333.66.12 08/02/16 $5,000,000 01/01/18 06/30/19 $86,541 66.123 Technical Investigations and Environmental Protection Agency 01,118001 PUGET SOUND SHELLFISH Implementation Assistance Region 10 STRATEGIC INITIATIVE LEAD Program Puget Sound Action Agenda: NEP 5.6 ONSITE SEWAGE MANAGEMENT 333.66.12 01/09/11 $2,490,000 01/01/18 06130/19 $65,330 66.123 Technical Investigations and Environmental Protection Agency Implementation Assistance Region 10 00,188801 PUGET SOUND RESTORATION PROJECT Program NGA Not NGA Not Public Health Emergency Department of Health and Human FFY79 PHEP BPI LHJ FUNDING 333.93.06 Received Received 07/01/19 06/30/20 $49,342 93.069 Preparedness Services Centers for Disease Control NGA Not Received NGA Not Received and Prevention Department of Health and Human HOSPITAL PREPAREDNESS FFY18 EPR PHEP BPI SUPP LHJ FUNDING 333.93.06 08/01/18 $11,062,782 07/01/18 06/30/19 $49,341 93.069 Public Health Emergency Services Centers for Disease Control NU90TP921889-01 PROGRAM AND PUBLIC HEALTH Preparedness and Prevention EMERGENCY PREPAREDNESS COOPERATIVE AGREEMENT Public Health Emergency Department of Health and Human HPP AND PHEP COOPERATIVE FFY17 EPR PHEP BPI LHJ FUNDING 333.93.06 07/18117 $11,062,782 01/01/18 06/30/16 $28,979 93.069 Preparedness Services Centers for Disease Control NU90TP921889-01 AGREEMENT and Prevention Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY18 PRESCRIPTION DRUG OD-SUPP 333.93.13 05/31/17 $6,223,623 09/01/18 08/31/19 $110,000 93.136 Research and State and Services Centers for Disease Control U17CE002734 FOR STATES Community Based Programs and Prevention Injury Prevention and Control Department of Health and Human PRESCRIPTION DRUG OVERDOSE FFY17 PRESCRIPTION DRUG OD-SUPP 333.93.13 03/16/16 $4,031,632 01/01/18 08/31/18 $63,027 93.136 Research and State and Services Centers for Disease Control U17CE002734 FOR STATES Community Based Programs and Prevention Department of Health and Human Immunization Cooperative IMMUNIZATION GRANT AND FFY20 VFC OPS 333.93.26 07/01/19 $9,234,835 07/01/19 06/30/20 $5,600 93.268 Agreements Services Centers for Disease Control NH231P922619 VACCINES FOR CHILDREN PROGRAM and Prevention Department of Health and Human Immunization Cooperative IMMUNIZATION GRANT AND FFY20 PPHF OPS 333.93.26 07/01/19 $9,234,835 07/01/19 06/30/20 $500 93.268 agreements Services Centers for Disease Control NH231P922619 VACCINES FOR CHILDREN PROGRAM and Prevention Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 VFC OPS 333.93.26 03/03/17 $1,201,605 01/01/18 06/30/18 $2,228 93.268 Agreements Services Centers for Disease Control SNH231P000762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 PPHF OPS 333.93.26 06/29/18 $3,634,512 07/01/18 06/30/19 $500 93.268 Agreements Services Centers for Disease Control NH231P000762 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 INCREASING IMMUNIZATION RATES 333.93.26 0629/18 $1,722,443 07/01/18 06/30/19 $5,600 93.268 Agreements Services Centers for Disease Control NH231P000762 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 AFIX 333.93.26 03/03117 $1,672,289 01/01/18 06/30/18 $4,293 93.268 Agreements Services Centers for Disease Control 5NH231P000762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM Immunization Cooperative Department of Health and Human IMMUNIZATION GRANT AND FFY17 317 OPS 333.93.26 03/03117 $575,969 01101/18 06/30178 $1,423 93.268 Agreements Services Centers for Disease Control SNH231P000762-05-00 VACCINES FOR CHILDREN'S and Prevention PROGRAM NGA Not NGA Not Matemal and Child Health Services Department of Health and Human FFY20 MCHBG LHJ CONTRACTS 333.93.99 Received Received 10/01/19 09/30/20 $67,694 93.994 Block Grant to the States Services Health Resources and NGA Not Received NGA Not Received Services Administration Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY19 MCHBG LHJ CONTRACTS 333.93.99 11/14/18 $2,225,977 10/01/18 09/30/19 $67,694 93.994 Block Grant to the States Services Health Resources and B04MC32578 SERVICES BLOCK GRANT Services Administration Page 1 of 2 Exhibit C-9 Schedule of Federal Awards AMENDMENT#10 Date:July 15,2019 MASON COUNTY HEALTH SERVICES-SWV0001893-04 CONTRACT CLI-118253-Mason County Public Health CONTRACT PERIOD: 01/0112018-12/3112020 DOH Total Amt Allocation Period Chart of Accounts Program Title BARS Federal Federal Start End Contract Amt CFDA CFDA Program Title Federal Agency Name Federal Award Federal Grant Award Name Award Date Award Date Date Identification Number Maternal and Child Health Services Department of Health and Human MATERNAL AND CHILD HEALTH FFY18 MCHBG LHJ CONTRACTS 333.93.99 10/20/17 $1,650,528 01/01/18 09/30/18 $56,115 93.994 Block Grant to the States Services Health Resources and B04MC31524 SERVICES Services Administration TOTAL $684,207 Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: September 24, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 9/9/19 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into a contract with MasonWebTV.com for live streaming services of regular Commission meetings and Board of Health meetings for 2020. The rate per regular meeting is $75 for up to 2 hours and each additional hour is $25. Background: This is a contract for 2020 for streaming services of the Commission meetings; the original contract began in January 2015. MasonWebTV provides their own equipment, hosts the live streaming and the webcasts are archived on their website. Budget Impacts: Anticipated cost is up to $5,000 per year and is paid from Current Expense. RECOMMENDED ACTION: Approval to enter into the contract with MasonWebTV.com for live streaming services of Commission meetings and Board of Health meetings for 2020. The rate per regular meeting is $75 for up to 2 hours and each additional hour is $25. Attachment: Contract 9/18/2019 MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and MasonWebTV.com, hereinafter referred to as"MWTV." RECITALS: WHEREAS,COUNTY desires to retain a person or firm to provide live video streaming services (Streaming Services)for regular Mason County Commission and Board of Health meetings; and WHEREAS, MWTV warrants that it is qualified and competentto render the Streaming Services. NOW,THEREFORE,for and in consideration of the CONTRACT made,and the payments to be made by COUNTY,the parties agree to the following: General Conditions Scope of Services: The MWTV agrees to provide to COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period forthis CONTRACT is January 1, 2020 to December 31, 2020. Term: Services provided by MWTV prior to or afterthe term of this CONTRACT shall be performed at the expense of MWTV and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Compensation: The rate per meeting is $75 for up to 2 hours for regular business meetings and special meetings held in the County Commission Chambers in Shelton and in the North Mason School Dsitrict Boardroom in Belfair. For special meetings held in other locations, the rate per meeting is $100 for up to 2 hours. The rate for each additional hour is$25. A$50 charge may be charged if MasonWebTV is asked to provide a sound system/public address system to amplify sound during the meeting. Streaming Services may be provided at additional meetings as agreed to by both PARTIES at the above rates. Mason County Board of Health meetings will be stream/recorded at no charge. 1 Accounting and Payment for MWTV Services: The COUNTY will remit funds to MWTV as invoiced for Streaming Services at the above rates within 30 days of receiving an acceptable invoice. The invoice shall include at a minimum,the name of company, remittance address, DUNS and EIN number, contact name, phone number and e-mail and actual number of meetings, length of meeting, when services were provided. Invoices will be submitted monthly and at a minimum, shall be submitted quarterly for payment. Unless approved in writing in advance by the official executing this CONTRACT forthe COUNTY ortheir designee (hereinafter referred to as the "Administrative Officer")the COUNTY will not reimburse MWTV any costs or expenses incurred by the MWTV in the performance of this CONTRACT. Taxes: MWTV understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, MWTV authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by MWTV 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 MWTV to make the ecessary estimated tax payments throughout the year, if any, and MWTV is solely liable for any tax obligation arising from the MWTV's performance of this CONTRACT. MWTV hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the MWTV'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. MWTV must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on M WTV's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event MWTV 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 MWTV,without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling MWTV to termination or damages, provided that COUNTY promptly gives notice in writing to MWTV 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 MWTV 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 MWTV 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 MWTV, (3) to set off any amount so paid or incurred from amounts due or to become due MWTV. In the event MWTV obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to MWTV by reason of good faith withholding by COUNTY under this clause. Labor Standards: MWTV 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 2 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. Independent Contractor: MWTV'sservices shall be furnished by MWTV 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 MWTV as an independent contractor. MWTV acknowledges that the entire compensation for this CONTRACT is specified above, Compensation, and MWTV 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. MWTV 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. MWTV 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. Both parties agree that, as an independent contractor, MWTV is not prohibited from pursuing additional advertisers or sponsors to offset costs of providing services. Advertising on the Mason County Commission streaming page containing the following content will not be permitted: • Obscene or indecent • Discriminatory • Religious • Political • Public Issue In addition, advertising that depicts or promotes the following products, services orother material will not be permitted: • Tobacco, liquor,or recreational drug products • Films rated "X"or"NC-17" and video games rated "A" or"M", orcomparable industry standards • Adult book/video stores,adult Internet sites, adult telephone services, escort services and ad ult entertainment establishments • Any material that is false, fraudulent, misleading, deceptive or would constitute a tort of defamation or invasion of privacy • Any material that is so objectionable that under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with a transportation system • Any material directed at a person or group that is so insulting, degrading or offensive as to be reasonably foreseeable that it will incite or produce imminent lawless action in the form of retaliation, vandalism or other breach of public safety, peace and order 3 Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by MWTV. 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. No Guarantee of Employment: The performance of all or part of this CONTRACT by MWTV shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of MWTV or any employee of MWTV or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, MWTV 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 MWTV shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict,actual or potential. Thereafter, COUNTY may require MWTV 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 employmentfor all qualified applicants and employees without regard to race, color,creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. MWTV 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 MWTV is governed by such laws, MWTV 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, MWTV 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: MWTV 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 4 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: MWTV 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 MWTV further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Ownership of Items Produced: When MWTV creates any copyrightable materials or invents any patentable property in connection with performance of this CONTRACT, MWTV may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. MWTV further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: MWTV 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. MWTV will pay those costs and damages attributable to any such claimsthat are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. MWTV shall be notified promptly in writing by COUNTY of any notice of such claim. B. MWTV 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: MWTV, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by MWTV 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. MWTV shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. MWTV 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 MWTV'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'sAuditor's Office. Such review may occurwith 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. MWTV shall preserve and maintain all financial records and records relating to the performance 5 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. MWTV also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency,or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to MWTV, then MWTV agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, MWTV shall provide insurance that meets or exceedsthe requirements detailed in "Exhibit C Insurance Requirements." Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five(5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers,agents and employees, MWTV 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 MWTV. This waiver is mutually negotiated by the parties to this CONTRACT. MWTV Commitments,Warranties and Representations: Any written commitment received from MWTV concerning this CONTRACT shall be binding upon MWTV, unless otherwise specifically provided herein with reference to this paragraph. Failure of MWTV to fulfill such a commitment shall render MWTV liable fordamages 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 MWTV. To the fullest extent permitted by law, MWTV 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 therefrom) which 1) are caused in whole or in part by any actor omission, negligent or otherwise, of MWTV, its employees, agents or volunteers or subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT;or 3) are based upon MWTV's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of MWTV 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 MWTV shall not be limited in any way by the Washington State Industrial Insurance Act, RCWTitle 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and MWTV hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of MWTV are a material inducement to COUNTY to enter 6 into this CONTRACT,are reflected in MWTV'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 MWTV's indemnity obligations under this CONTRACT. Survival of MWTV's Indemnity Obligations. MWTV agrees all MWTV's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event MWTV enters into subcontracts to the extent allowed under this CONTRACT, MWTV's subcontractors shall indemnify COUNTY on a basis equal to or exceeding MWTV'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. MWTV 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 of Contract: COUNTY hereby appoints, and MWTV hereby accepts, the Mason County Administrative Services Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer,forthe 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: Diane Zoren, Administrative Services Manager 411 North 5th Street Shelton, WA 98584 MWTV's Primary Contact's Information: Dedrick Allan dedrickallan(a)hcc.net 360-229-2234 Notice: Except as set forth elsewhere in the CONTRACT,for all purposes under this CONTRACT except service of process, notice shall be given by MWTV to COUNTY's Administrative Officer under this CONTRACT. Notices and other commu nication maybe 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. 7 Termination for Default: If MWTV 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 MWTV 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, MWTV 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 MWTV. MWTV 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 MWTV 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, MWTV shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. 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, MWTV shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between MWTV 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. MWTV 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 MWTV 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 MWTV 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. MWTV 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. 8 3. MWTV 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, MWTV has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim,dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance),or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five(45)days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT,the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT,or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. 9 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 Conditions 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. IN WITNESS WHEREOF,COUNTY and MWTV have executed this CONTRACT as of the date and year last written below. MasonWebTV BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON a4tlo-j G"r— Dedrick Allan Kevin Shutty,Chair Dated: 9/12/19 Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES 1. Countywill provide access to the County's internet connection and necessary passwords for connectivity. If a connection is not available, MWTV will utilize a mobile broadband device provided sufficient signal is available. If sufficient connection and/orsignal are not available, MWTV will take all efforts to record the meeting and postthe video to the web in a timely manner. 2. MWTV will utilize a minimum of one camera (provided by MWTV),a con nection to the existing sound system in the Commission Chambers,and other microphones and equipment as needed (provided by MWTV). 3. M\&1TV may utilize additional microphones and other necessary equipmentto better provide the public access to pictures,maps and charts. County staff will make those documents available to MWTV prior to the meeting for inclusion in the webcast. 4. MWTV will send a video and audio feed to YouTube that the County,MasonWebTV.com,Hood Canal Communications,the public and others can a mbed on their websites.Hood Canal Communications will also utilize this feed for broadcastingon their Local Channel. 5. MWTV shall provide available analytical information(numberof users viewingvideo live and recorded,length of time of viewing,etc.)to the County every quarter. This information shall be used for performance review. 6. MWTV reserves the right to stream or record other Mason County Commission meetings utilizing the same internet connection and connection to the existing sound system withou t additional cost to the County. 7. County will provide MWTV access to meetingvenue one hour priorto meetingtime for set up and allow ample time for breakdown aftermeeting conclusion. 8. County will provide MWTV advance notification if a presentation will be made utilizing electronic means(Powerpoint orvideo to the monitor)in orderto include the presentation in the video/stream. That notification should be at least one day prior to the meeting and presenters should arrive a mimimum of 30 minutes before the meetingtime to be certain they are accommodated and the presentation is compatible with existing systems. 11 EXHIBIT C 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. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits 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. This requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If MWTV or MWTV's employees will use personal autos in any way on this project, MWTV shall obtain evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of MWTV,sub-contractors or others involved in the Work.The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 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. MWTV 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. MWTV also agrees to require all contractors, sub-contractors and anyone else involved in this CONTRACT on behalf of MWTV(hereinafter"indemnifying parties") to comply with these provisions. 2. MWTV 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 MWTV or required of others by MWTV pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY,or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. MWTV shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 12 5. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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 MWTV or deducted from sums due MWTV. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by MWTV 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. MWTV 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 MWTV's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY.The COUNTY may review options with MWTV,which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. MWTV 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. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by M WTV or any sub-contractor is intended to apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 13 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Frazier Action Agenda X Public Hearing Other DEPARTMENT: Facilities EXT: 519 DATE: 9/24/19 Agenda Item # g 3 Commissioner staff to complete) BRIEFING DATE: 9/16/19 BRIEFING PRESENTED BY: Kelly Frazier [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Request for Proposals (RFP) for janitorial services for County facilities Background: Mason County has facilities located throughout the County. Our current contact for janitorial services ends December 31, 2019. We are seeking the services of a well- qualified company to provide janitorial services for County facilities located in Shelton and Belfair. The initial performance period will January 1, 2020 to December 31, 2020 with up to three (3) additional years based on the Contractor's performance. Proposals will be reviewed and scored by a Committee designated by the Facilities, Pa Manager based on the criteria detailed in the RFP. Proposals Due: Wednesday, November 6th before 12:00 noon Anticipated Award Announcement: November 26, 2019 Anticipated Contract Start Date: January 1, 2020 Contract End Date: December 31, 2020 Cost Impact to the County: Janitorial services are an ongoing annual cost for the County. We are not anticipating a marked increase or decrease in costs for service procured through this RFP as compared to current costs. Approval to: Approve the letting and posting of the RFP and the required publication of a public notice in the newspaper on 10/10/19 and 10/17/19. Attachment(s): RFP; Public Notice Request for Proposals Mason County is seeking the services of a well-qualified company to provide janitorial services for County facilities The County will enter into a Professional Services Contract with the successful proposer. The initial performance period will January 1, 2020 to December 31, 2020 with up to three (3) additional years based on the Contractor's performance. Proposals must be received by 12:00 Noon on Wednesday, November 6, 2019 Proposal specifications and requirements are available: Downloaded from website: http://www.co.mason.wa.us/rfp/ Via E-mail: KFrazier co.mason.wa.us or fpinter@co.mason.wa.us Via Phone from: Shelton 360-427-9670 Ext. 806 or 519 Belfair 360-275-4467 Ext. 806 or 519 Mason County Request for Proposals for Janitorial Services 1. Summary and Background: Through this Request for Proposals (RFP) Mason County (County) is seeking the services of a well-qualified company (Contractor or Proposer) to provide janitorial services for County facilities. Mason County has facilities located throughout the County. Our current contact for janitorial services ends December 31, 2019. Services will be provided in the Shelton, Washington area with the exception of the Sheriffs sub-station located in Belfair, Washington. Proposers can submit a proposal that includes both locations or one or the other. The location(s) to be served must be clearly indicated in the proposal. Facility Locations and Descriptions: Shelton- A. Building 1- 411 North 5th Street - 16,400 sq.ft. B. Building 2-410 North 4th Street - 2,000 sq.ft. C. Building 3-426 West Cedar Street - 7,000 sq.ft. D. Building 4-303 North 4th Street - 2,500 sq.ft. E. Building 5-521 West Alder Street - 1,300 sq.ft. F. Building 6-414 North 5th Street - 2,100 sq.ft. G. Building 7-521 North 4th Street - 3,900 sq.ft. H. Building 8-615 West Alder Street - 10,700 sq.ft. I. Building 9-423 North 5th Street - 1,700 sq.ft. J. Sheriffs Office-322 North 3rd Street - 8,500 sq.ft. K. Courthouse-419 North 4th Street - 16,350 sq.ft. L. Public Works/Building 1 and 2-100 West Public Works Drive - 28,000 sq. ft. M. Memorial Hall-210 West Franklin Street - 4,000 sq.ft. Belfair- N. Sheriffs North Precinct - NE 23293 State Route 3, Belfair- 3,000 sq.ft. (anticipated service frequency-1 day a week). O. Public Works -600 Beck Road, Belfair, WA 98584 - 80 sq. ft (anticipated service frequency-1 day a week, bathroom only) Total: 107,530 sq. ft. of cleaning area (not total building square footage) Mason County is an equal opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and gender identities are encouraged to apply. 2. Proposer's Qualifications: Typical qualifications that are reviewed and considered when awarding a janitorial services contract include, but are not limited to those detailed below. The Proposer should consider these as well as those listed in sections: 6. Special Requirements for Proposal and Service Provision; 8. Proposal Requirements; and 11. Proposal Evaluation Criteria. A. Company's qualifications and experience-number of years in business, geographical service area, number of employees, references and any previous experience serving Mason County. B. Types of sizes facilities currently servicing. C. Experience cleaning public access space. D. Systems to ensure; quality service, qualified employees, meeting/exceeding industry service standards, safety of individuals and facilities and others such as goods provision. E. Proposals submitted by minority and/or women owned businesses will be awarded preference points during the review and scoring process. 3. Services Required/Scope-of-Work A. Proposer will provide a service plan for each facility that details the tasks that will be completed and frequency (daily, weekly, monthly, quarterly, annually, as required or similar) B. The Proposer can include a core service plan per facility with optional services available such as carpet and upholstery shampooing/cleaning. C. Typical tasks include, but are not limited to: emptying waste cans/changing liners as needed; collecting recyclable materials and placing them in recycle bins/containers; cleaning and polishing water faucets and fountains; cleaning mirrors; spot cleaning carpets, mats and walls; cleaning and disinfecting toilets, including both sides of seats, and urinals; damp wiping/disinfecting bathroom partitions, tile/flooring, walls, soap dispensers, towel dispensers, sanitary napkin disposal containers/replace liners and other fixtures; cleaning and disinfecting all sinks; fill soap dispensers; ensure seat covers and toilet paper is adequately stocked; cleaning toilet flushometers, piping and base; polish and shine all chrome/stainless steel fixtures; remove graffiti; spot clean interior and exterior glass; sweep and damp mop floors; vacuum carpets and mats; carpet cleaning, floor waxing, buffing, floor wax stripping and wax re- application; wash interior and exterior windows; dust all tables, chairs, counter tops, ledge, panel tops, ceiling vents, shades/blinds, picture frames and other exposed furnishings; remove smudges from counter tops and tables; clean counter in kitchens; damp wipe exterior of refrigerator, cabinets, tables and other furnishings in kitchens/break rooms; straighten chairs in conference, meeting and break rooms; clean kitchen/break room sinks and microwaves; sweep and vacuum all exterior entry ways; hand handrails, baseboards and elevator control panels; remove cobwebs; clean interior and exterior elevator cab surfaces, vacuum and spot clean elevator floors; clean whiteboards that do not contain work; and other services. See Attachment #3-Proposed Janitorial Service by Facility. D. Services MUST include an initial "deep cleaning" of each facility on or before January 20, 2020 E. Contractor to provide; all cleaning supplies, tools, equipment, cleaning rags'and other items not specifically provided by County. F. County to provide; paper products including towels, toilet seat covers, toilet paper, hand soap and other consumable products. 4. Cost: A. Proposer will provide monthly and annual cost to complete the services as detailed in each facility's service plan as well as a total combined annual cost for all facilities. B. Proposer can include optional services that have not been included in the core service plans. The monthly/annual or per occurrence cost must be included. C. The County will negotiate services including tasks, costs and frequency with the selected Contractor as a part of the contract negotiation process. 5. Timeline: The contract for services awarded through this RFP will start on January 1, 2020 and end December 31, 2020. The Contractor will be responsible for meeting with the Facilities Manager or designee prior to January 1, 2020 to review the service requirements, collect keys and access information for the facilities and provide an employee list. 6. Special Requirements for Proposal and Service Provision: A. Mandatory Facility Tour-proposers must attend a mandatory tour of the facilities on Tuesday, October 22nd at 2:00 PM or Thursday, October 24th at 9:00 AM. B. Background Checks-all employees and/or other company representatives must pass a Washington State Patrol background check prior to providing services. The Contractor must provide copies of the reports as requested by County. C. Uniforms and ID Badges-Contractor's employees must wear a readily identifiable company uniform and photo ID badge. D. Employee List-Contractor must provide the Facilities Manager or his designee with a complete list of all individuals who will be providing janitorial services including employee, supervisors, owner(s) and other company representatives. The Contractor must update the list prior to allowing anyone who is not on it access to County facilities. Failure to comply with this requirement will be subject to a penalty up to $200 per occurrence and/or termination of the Contract without notice. E. Lost or Mis-used Keys and Alarm Codes-Contractor must provide strict key control for any and all County issued keys and alarm codes. A lost key may result in the need to re-key all locks, doors and gates which the Contractor will be responsible for reimbursing the County up to a maximum cost of$100,000. It is recommended that the Contractor include Lost Key insurance coverage. Contractor is responsible for ensuring that employees or other company representatives do not mis-use keys or alarm codes such as providing access to unauthorized individuals or accessing areas where janitorial services are not required. F. Insurance and Bonding-the Contractor will be required to provide insurance coverage detailed at the minimum levels set forth in Attachment#1 of this RFP. G. Inspections-the Facilities Manager or his designee will conduct inspections of the janitorial services provided on a monthly to quarterly basis as warranted by the Contractor's performance. Sub-standard work or skipped or missed tasks will be addressed with the Contractor. Failure to remedy the issues in an expedient manner will have consequence including withheld payments and/or Contract termination for cause. H. Material Safety Data Sheets (MSDS)-Contractor must provide and have readily available MSDS for all products used in the performance of the work. Contractor must ensure that the MSDS sheets and other information required to do the job is provided for employees in a language they understand. I. Contractor must adhere to applicable federal OSHA, Washington State and Mason County laws, policies, rules and requirements. J. The County reserves the right to add, modify, reduce or delete work from any contracts executed with the Contractor. The cost adjustment will be determined by the Facilities Manager or designee and will be executed in the form of a Contract amendment. K. The Contractor shall be responsible for determining all conditions affecting the execution of the proposed work. This includes, but is not limited to, the location of the facilities, the time required to perform the services, labor, supervision, materials, equipment, transportation, uniforms, etc. L. The Contractor and his/her employees and other company representatives shall exercise all necessary precautions to protect pedestrian traffic and all public and private property from injury or damage caused by the Contractor's operations. Signs, tape and/or barricades shall be used as necessary to mark wet/waxed areas, or to indicate restrooms or other facilities are temporarily closed for janitorial service. Any practice deemed hazardous shall be immediately halted upon verbal or written notification. M. The Contractor and his/her employees and other company representatives shall immediately report any observed damage or potential hazards to the Facilities Manager or designee or other authorized County representative. Damage and potential hazards include, but are not limited to, broken fixtures or pipes, building or system damage or needed repairs, HVAC issues, leaks, smells or smoke. N. All employees and other company representatives of the Contractor must maintain a professional appearance and demeanor. O. It shall be the responsibility of the Contractor to ensure that his/her employees complete the services in a manner consistent with the best management practices of the service industry, and that they are properly trained in the safe use and application of all materials and equipment used at County facilities. Contractor's employees may be required to have additional training for site specific operations, including construction, hazards, preservation, safety, and/or security, that will be agreed upon by the Facilities Manager or designee and the Contractor at the time of contract award. P. The work involved will often be in facilities with secured access, or areas closed to the public except during normal business hours. The Contractor's employees shall maintain the security of these areas by locking them immediately upon entering the facility and again when leaving the facility after completing the janitorial services. Prior to leaving the facility, Contractor's employees will make a final check of all windows, exterior doors, gates or other access points to the building or site to ensure they have been locked and that all lights, except night lights, have been turned off. Q. For those facilities equipped with burglar or other surveillance equipment, the Contractor's employees shall be responsible for disarming the alarm immediately upon entering the facility and "setting" the alarm when leaving the facility. The County reserves the right to deduct $100.00 from payments to the Contractor for each security failure that constitutes a potential hazard to a County facility, or where a false alarm is caused as a result of Contractor's employee not properly operating the building's security system. R. The Contractor and his/her employees shall not remove or consume any property belonging to the County, County employees or other contractors working for the County. This includes any articles that may be deposited for disposal in recycling or trash containers. The Contractor and his/her employees shall not use any County property, including computers, fitness equipment, telephones, FAX or copy machines, ladders, lifts, tools or other equipment, without the approval of the Facilities Manager or designee or other authorized County representative S. The Contractor and his/her employees shall not abuse the use of any County supplied material or equipment. Doing so may be grounds for immediate removal of the particular employee or, in more severe cases, termination of the Contract. T. The Contactor shall satisfactorily complete all services as set forth in the contract. If the Contractor fails to execute the work in accordance with the Contract, and/or a dispute arises as to the quality and/or quantity of the work completed, the County reserves the right to withhold payment based on the task cost per occurrence. U. Any deficiencies in the work shall be brought to the attention of the Contractor or his/her employees by the Facilities Manager or designee or other authorized County representative. To the extent possible, the Contractor or his/her employees shall correct deficiencies on the same day or the following workday. When noted deficiencies have been corrected to the satisfaction of the Facilities Manager or designee the completed work shall be considered acceptable unless the same or similar deficiencies occur on a continuous basis. V. No cost increases will be allowed during the first term of the contract. Costs may be negotiated annually if the County elects to renew the contract as allowed per the contract. W. Mason County is a drug-free, smoke-free campus. Contractor will ensure that employees comply with these requirements. X. Contractor will be responsible for ensuring that employees and other representatives of the Company do not enter areas where "Do Not Enter" signs have been posted particularly in the County's courthouses. Y. Contractor must ensure that employees are able understand written and oral instructions as provided by County staff and representatives as well as being able to relay requests and notices such as supplies or repairs needed. 7. Type and Duration of Contract: A. Services will be secured with a Mason County Professional Services Contract. B The initial contract performance period will be for one (1) year. The Facilities Manager will have the option of extending the Contract up to three (3) additional years based on the Contractor's performance. See Attachment#1 for general terms and conditions. C. The County reserves the right to award contracts to multiple providers. 8. Proposal Requirements: The Proposal must be submitted on letter size paper with type that is a minimum of 11 point font, not exceed 10 pages in length (not including the Service Plans by Facility as detailed in Attachment#3) and contain the following components: A. Name of company or individual, address, telephone number and e-mail address submitting the proposal as well as a designated contact person with their telephone number and e-mail address if different than the Company's. B. Detailed description of skills, experience and ability to provide janitorial services for multiple public access facilities with square footage estimated at less than 108,000 square feet. C. Identification and designation of roles/responsibilities of supervisory and management staff including their experience. D. A minimum of three client references including type and size of facility(ies) served, dates, contact info and description. E. Service plan including cost per facility that: details the types of janitorial services to be provided at each facility, frequency (daily, weekly, monthly yearly, as required or similar) utilizing the form provided in Attachment#3. Proposer must state which locations are included in the proposal, Shelton or Belfair or both. F. Proposer must clearly detail any exceptions to any terms and conditions detailed in the RFP including Attachments #1 or#2. G. Proposers are to refrain from submitting proposals that will not be easily duplicated such as those with spiral binding, photos or over-sized paper. 9. Proposal Submission: A. Proposals can be e-mailed to KFrazier@co.mason.wa.us or mailed or hand delivered to Mason County, Attn: Janitorial RFP Proposal, 411 N 5th Street, Shelton, WA 98584. B. Hard copy proposals are to be secured with a single staple. C. Proposals should not to include pictures or brochures. D. Proposals must be received by 12:00 noon on November 6, 2019. Late submission will be automatically disqualified from review. 10. Request for Proposal Process and Timeline: Proposals will be reviewed and scored by a Committee designated by the Facilities Manager. Proposals Due: Wednesday, November 6th before 12:00 noon Anticipated Award Announcement: November 26, 2019 Anticipated Contract Start Date: January 1, 2020 Contract End Date: December 31, 2020 11. Proposal Evaluation Criteria: A. Technical Review-Proposals will be reviewed to ensure that they meet the specifications as detailed in this RFP. Proposals that do not meet the requirements will not be scored and will be removed from further consideration. B. Proposals that pass the technical review will be scored by a Review Committee based on the following criteria-note, the County reserves the right to chan a criteria without notice: Rated from 1-7 with 1 being the Proposal Components lowest and 7 the highest 1. Experience: Years in business under current company name 1 2 3 4 5 6 7 Experience servicing public access facilities 1 2 3 4 5 6 7 Experience servicing accounts 100,000 sq. ft or larger 1 2 3 4 5 6 7 Quality of services provided in Mason Count 1 2 3 4 5 6 7 Number of current commercial accounts 1 2 3 4 5 6 7 2. Capabilities: Number of employees 1 2 3 4 5 6 7 Employee supervision 1 2 3 4 5 6 7 Employee training 1 2 3 4 5 6 7 Quality Assurance 1 2 3 4 5 6 7 Capabilities of key staff 1 2 3 4 5 6 7 Employee and facility.safety 1 2 3 4 5 6 7 3. Proposed Service Plans and Costs: SHELTON Building 1- 411 North 5th Street Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 Building 2-410 North 4th Street Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 Building 3-426 West Cedar Street 1 2 3 4 5 6 7 Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 Building 4-303 North 4th Street 1 2 3 4 5 6 7 omm -comms 0 M M 0 0MMCl) nM " Oo C7 -0 -uOo C7 -0 -0oo n -u -uao nm -arm C7 -a -a CD p Z O -1 � � O -1 O p -s -, O O � p p - � O � p p " p - O O O O O O O O O 81 O O O O O O O O O O - .N-� .p-� CD 70 N N fn0 70 fn N0 70 C) N p N O O n' O O O n' Cn 0 0 Z Cn 0 0 �! 0 0 Cn 0 0 ! �! 0 0 w 0 0 Cn 0 0 3 �! 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A A � J� -A -A � A -N U1 CP U1 U1 al (r cn cn Cn Cn U1 U1 U1 (n Cal cn cn cn cn Ul (P C31 (31 U7 (n (n Cn CI1 Ul cn Cn CTI CTI (n Ul cn cn Ul CA CA W CA (y) (3) CA C) Cy) (A W (A CA C) CS) CA W CA CA CT) CA () CA m CA m m m CA CA C) CA 0) d) 0) () C) CA �l -I v v -4 -4 -4 -4 v v v -4 v v v -4 -,j •J --A -4 v -4 V -11 v v v --4 v J v v v --4 •J --4 --4 --4 Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 BELFAIR: 1 2 3 4 5 6 7 Sheriffs North Precinct 1 2 3 4 5 6 7 Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 Public Works 1 2 3 4 5 6 7 Proposed level of services 1 2 3 4 5 6 7 Proposed frequency of services 1 2 3 4 5 6 7 Costs 1 2 3 4 5 6 7 4. Minority or Women owned entity? No = 0; Yes = 7 0 7 Total Score C. The County reserves the right to make minor changes to the RFP without notification. D. The County reserves the right to elect not to make an award from this RFP. F. The County reserves the right to negotiate services, terms, requirements and other components with the apparently successful proposer. F. The County reserves the right to require additional information from any and all proposers prior to making a selection decision. G. The County will reject proposals that don't meet the stated qualifications and proposal requirements. H. On-site interviews may be required. 12. Contact Information: Kelly Frazier Mason County Facilities Manager 411 N.5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: KFrazier@co.mason.wa.us Mason County Request for Proposals for Janitorial Services Attachment #1-General Terms and Conditions These general terms and conditions are representative of the County's Professional Service Contract requirements. This is not a complete list and it is subject to change without notice. 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 B Compensation 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. 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. 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. 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. 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. 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. 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 therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. 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. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit." CONTRACTOR will review and enroll in the E-Verify program through this website: www.uscis.gov 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. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with CONTRACT Exhibit A Scope-of- Services and Exhibit B Compensation. 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 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 CONTRACT Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Mason County Request for Proposals for Janitorial Services Attachment#2-Insurance and Bonding 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 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. 4. Employee Dishonesty coverage endorsed for third party fidelity coverage for COUNTY or endorsed to cover County Property with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT start date. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. D. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. Said bond or letter of credit will be provided to COUNTY prior to CONTRACT start date. Mason County Request for Proposals for Janitorial Services Attachment#3-Proposed Janitorial Service Plan by Facility Service Plan: 1. Submit a Service Plan for each facility. 2. Detail tasks by frequency completed. A. If a task is completed less frequently than daily but more frequently than weekly, enter it in the "Weekly" section of the Service Plan with the frequency in (parenthesis) after the task. Example: Weekly: Dust tables and counters (three times per week, two times per week, etc) B. If a task is completed less frequently than weekly but more frequently than monthly, enter it in the "Monthly" section of the Service Plan with the frequency in (parenthesis) after the task. Example: Monthly: Dust Ledges and Baseboards (every other week; twice per month, etc) C. If a task is completed less frequently than monthly but more frequently than quarterly, enter it in the "Quarterly" section of the Service Plan with the frequency in (parenthesis) after the task. Example: Quarterly: Wash interior windows (every other month; every six weeks, etc) D. If a task is completed less frequently than quarterly but more frequently than annually, enter it in the "Annually" section of the Service Plan with the frequency in (parenthesis) after the task. Example: Annually: Wash exterior windows (twice per year; every four months, etc). 3. Core and Optional Tasks: Proposer can detail core tasks with optional additional tasks as long as the cost of the core tasks and each optional task is clearly defined. 4. Costs: A. Monthly cost can be detailed per task per frequency with a total cost for the entire facility on an annual basis. -OR- With the monthly total of all the tasks detailed under each service frequency (initial deep clean, daily, weekly, monthly, quarterly and annually) with a total cost for the entire facility on an annual basis (remove the "$" on each task line if choosing this option leaving a "$" only on the monthly cost per services frequency line) 5. Form: A. Alternative forms of the Service Plan is allowed as long as all the required information has been included. B. Table rows/lines can be added or deleted as needed. C. This form is available digitally. To request, send an e-mail to Kelly Frazier at KFrazier@co.mason.wa.us. Proposed Janitorial Service Plan for Mason County Facility: inter facility here as it appears in the RFP-Section 1 Tasks Cost Initial Deep Clean: $ $ Total Cost for Initial Deep Clean $ Dail $ Total Monthly Cost for Daily Tasks $ Weekly: $ $ $ Total Monthly Cost for Weekly Tasks $ Monthly: $ $ $ Total Monthly Cost for Monthly Tasks $ Quarterly: $ Total Monthly Cost for Quarterly Tasks $ Annually: Total Monthly Cost for Annual Tasks $ TOTAL ANNUAL COST FOR FACILITY MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Renee Cullop Action Agenda x Public Hearing Other DEPARTMENT: Therapeutic Courts EXT: 296 DATE: 9/24/2019 Agenda Item # 5 Commissioner staff to complete) BRIEFING DATE: 9/16/2019 BRIEFING PRESENTED BY: Renee Cullop [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Criminal Justice Treatment Account (CJTA) Contract Background: CITA funds the Therapeutic Courts for treatment, UA's, assessments not cover by insurance for participants. Also allows for Recovery Supports Services including but not limited to: Rental Assistance, Life Skills, transportation and childcare. Budget Impacts: RECOMMENDED ACTION: Approval and signature of contract Attachment(s): Original Contract Washington State g PROFESSIONAL SERVICES HCA Contract Number: K3964 CONTRACT for Resulting from Solicitation Number(If CJTA Funded Treatment and Health Careh0thority applicable: NA Recovery Support Services Contractor/Vendor Contract Number: THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Mason County, (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS(DBA) Mason County CONTRACTOR ADDRESS I Street City State Zip Code 419 N. 4th Street Shelton WA 98584-1037 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Renee Cullop (360)427-9670 x296 reneec@co.mason.wa.us Is Contractor a Subrecioient under this Contract? CFDA NUMBER(S): FFATA Form Reauired ❑YES ®NO7 ❑YES ONO HCA PROGRAM HCA DIVISION/SECTION Criminal Justice Treatment Account- State Appropriations DBHR/SUD HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Health Care Authority Tony Walton, Criminal Justice Behavioral Health Administrator 626 8th Avenue SE PO Box 42730 Olympia, WA 98504-2730 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS (360) 725-9992 tony.walton hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2019 June 30, 2020 $49,130.00 PURPOSE OF CONTRACT: Contractor to provide Criminal Justice Treatment Account funds to provide treatment and recovery support services to individuals involved in the criminal justice system in accordance with RCW 71.24.580. The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by HCA. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED TABLE OF CONTENTS 1. STATEMENT OF WORK (SOW).....................................................................................................4 2. DEFINITIONS...............................................................................................................................4 3. SPECIAL TERMS AND CONDITIONS ..............................................................................................6 3.1 PERFORMANCE EXPECTATIONS....................................................................................................6 3.2 TERM.............................................................................................................................................6 3.3 COMPENSATION ...........................................................................................................................7 3.4 INVOICE AND PAYMENT................................................................................................................8 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS...........................................................................9 3.6 LEGAL NOTICES............................................................................................................................10 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE..............................................11 3.8 INSURANCE .................................................................................................................................11 4. GENERAL TERMS AND CONDITIONS ..........................................................................................12 4.1 ACCESS TO DATA.........................................................................................................................12 4.2 ADVANCE PAYMENT PROHIBITED...............................................................................................13 4.3 AMENDMENTS............................................................................................................................13 4.4 ASSIGNMENT...............................................................................................................................13 4.5 ATTORNEYS' FEES........................................................................................................................13 4.6 CHANGE IN STATUS.....................................................................................................................13 4.7 CONFIDENTIAL INFORMATION PROTECTION..............................................................................13 4.8 CONFIDENTIAL INFORMATION SECURITY...................................................................................14 4.9 CONFIDENTIAL INFORMATION BREACH-REQUIRED NOTIFICATION.........................................14 4.10 CONTRACTOR'S PROPRIETARY INFORMATION...........................................................................15 4.11 COVENANT AGAINST CONTINGENT FEES....................................................................................15 4.12 DEBARMENT................................................................................................................................16 4.13 DISPUTES.....................................................................................................................................16 4.14 ENTIRE AGREEMENT...................................................................................................................17 4.15 FORCE MAJEURE .........................................................................................................................17 4.16 FUNDING WITHDRAWN,REDUCED OR LIMITED.........................................................................17 4.17 GOVERNING LAW........................................................................................................................18 4.18 HCA NETWORK SECURITY............................................................................................................18 4.19 INDEMNIFICATION......................................................................................................................18 4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR.........................................................................18 4.21 INDUSTRIAL INSURANCE COVERAGE...........................................................................................18 4.22 LEGAL AND REGULATORY COMPLIANCE.....................................................................................19 Washington State 2 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.23 LIMITATION OF AUTHORITY........................................................................................................19 4.24 NO THIRD-PARTY BENEFICIARIES................................................................................................19 4.25 NONDISCRIMINATION.................................................................................................................19 4.26 OVERPAYMENTS TO CONTRACTOR.............................................................................................19 4.27 PAY EQUITY.................................................................................................................................20 4.28 PUBLICITY....................................................................................................................................20 4.29 RECORDS AND DOCUMENTS REVIEW.........................................................................................21 4.30 REMEDIES NON-EXCLUSIVE.........................................................................................................21 4.31 RIGHT OF INSPECTION.................................................................................................................21 4.32 RIGHTS IN DATA/OWNERSHIP.....................................................................................................21 4.33 RIGHTS OF STATE AND FEDERAL GOVERNMENTS.......................................................................22 4.34 SEVERABILITY..............................................................................................................................23 4.35 SITE SECURITY..............................................................................................................................23 4.36 SUBCONTRACTING......................................................................................................................23 4.37 SURVIVAL....................................................................................................................................23 4.38 TAXES..........................................................................................................................................24 4.39 TERMINATION.............................................................................................................................24 4.40 TERMINATION PROCEDURES ......................................................................................................25 4.41 WAIVER.......................................................................................................................................26 4.42 WARRANTIES...............................................................................................................................26 Attachments Attachment 1: Confidential Information Security Requirements Attachment 2: Quarterly Progress Report Template Attachment 3: Quarterly Revenue and Expenditure Report Template Schedules Schedule A: Statement of Work (SOW) CTJA Funded Treatment and Recovery Support Services Washington State 3 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Contract K3964 for CTJA Funded Treatment and Recovery Services IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. "Business Associate" means a Business Associate as defined in 45 CFR 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, that involves the use or disclosure of protected health information (PHI). Any reference to Business Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors, third party contractors, volunteers, or directors. "Business Days and Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. "Centers for Medicare and Medicaid Services" or "CMS" means the federal office under the Secretary of the United States Department of Health and Human Services, responsible for the Medicare and Medicaid programs. "CFR" means the Code of Federal Regulations. All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov/cai-bin/EGFR?page=browse. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. "Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. Washington State 4 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 "Contractor" means Mason County, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. "Covered entity" means a health plan, a health care clearinghouse or a health care provider who transmits any health information in electronic form to carry out financial or administrative activities related to health care, as defined in 45 CFR 160.103. "Data" means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. "Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. "HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Proprietary Information" means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. "Protected Health Information" or "PHI" means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is Schedule A hereto. Washington State 5 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. "Subrecipient" shall have the meaning given in 45 C.F.R. 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition, for any other federal award. "USC" means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at htti):Huscode.house.gov/ "WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of contract; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with HCA staff in Contractor's conduct of the services; 3.1.4 Conformance with HCA directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; and 3.1.7 Provision of high quality services. Prior to payment of invoices, HCA will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold payment if expectations are not met or Contractor's performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract will commence on July 1, 2019 and continue through June 30, 2020, unless terminated sooner as provided herein. Washington State 6 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.2.2 This Contract may be extended by mutual written agreement of the parties. No change in terms and conditions will be permitted during these extensions unless specifically agreed to in writing. 3.2.3 Work performed without a contract or amendment signed by the authorized representatives of both parties will be at the sole risk of the Contractor. HCA will not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. 3.3 COMPENSATION 3.3.1 The Maximum Compensation payable to Contractor for the performance of all things necessary for or incidental to the performance of work as set forth in Schedule A: Statement of Work is $49,130.00, and includes any allowable expenses. The Maximum Compensation includes $49,130 CJTA funding, and $0.00 State Drug Court funding. 3.3.2 Contractor's compensation for services rendered will be based on the following rates or in accordance with deliverables table below. Payment will be contingent upon HCA Contract Manager acceptance of the deliverable, and approval of a correct and complete invoice from Contractor. Deliverables Table July 1, 2019 through June 30, 2020 # Deliverable Due Date Quarterly Annual Maximum Amount(s) Amount 1 Submit a county Crimial Justice October 1, 2019 $12,278.00 Treatment Account(CJTA) Plan that was approved by the local CJTA panel and signed by County 2 Submit quarterly progress reports Last Business Day $3,071.00 $12,284.00 of April, July, October, January 3 Submit quarterly CJTA Revenue Last Business Day $3,071.00 $12,284.00 and Expenditure Reports of April, July, October, January 4 Submit quarterly Programmatic Last Business Day $3,071.00 $12,284.00 Treatment Reports through of April, July, Secure File Transfer(SFT) October, January process State Fiscal Year 2020 Maximum Total Compensation $49,130.00 3.3.3 The Contractor is required to limit Administration costs to no more than ten percent (10%) of the annual revenue supporting the public behavioral health system operated by Contractor. Administration costs will be measured on a fiscal year basis and based on the information reporting in the Revenenue and Expenditure reports and reviewed by the HCA Behavioral Health Administration. Washington State 7 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.3.4 Payment will be withheld if the deliverables are not met by the date indicated in the table above. 3.3.5 Day-to-day expenses related to performance under the Contract, including but not limited to travel, lodging, meals, and incidentals, will not be reimbursed to Contractor. 3.3.6 Source of Funds. The above Maximum Compensation payable under this Contract is based on the funding from the following sources: 3.3.6.1 100% is allocated under this Contract from Washington state CJTA appropriations. 3.3.6.2 Funding Stipulations: a) No Federal Match. The Contractor shall not use funds payable under this Contract as match toward federal funds. b) Supplanting. The Contractor must use these funds to supplement, not supplant the amount of federal, state and local funds otherwise expended or services provided under this Contract. c) Prohibition of Use of Funds for Lobbying Activities. The Contractor must not use funds payable under this Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of an state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. d) Per RCW 71.24.582, the HCA is required to reclaim any unspent allocations each state fiscal year. 3.4 INVOICE AND PAYMENT 3.4.1 Contractor must submit accurate invoices to the following address for all amounts to be paid by HCA via e-mail to the HCA Contract Manager, identified in Section 3.5. Include the HCA Contract number in the subject line of the email. 3.4.2 Invoices must describe and document to HCA's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. Any single expense in the amount of$50.00 or more must be accompanied by a receipt in order to receive reimbursement. All invoices will be reviewed and must be approved by the HCA Contract Manager or his/her designee prior to payment. Washington State 8 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.4.3 Contractor must submit properly itemized invoices to include the following information, as applicable: 3.4.3.1 HCA Contract number K3964; 3.4.3.2 Contractor name, address, phone number; 3.4.3.3 Description of Services; 3.4.3.4 Date(s) of delivery; 3.4.3.5 Net invoice price for each item; 3.4.3.6 Applicable taxes; 3.4.3.7 Total invoice price; and 3.4.3.8 Payment terms and any available prompt payment discount. 3.4.4 HCA will return incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. 3.4.5 In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https://ofm.wa.gov/it- systems/statewide-vendorpayee-services/receiving-payment-state. Payment will be considered timely if made by HCA within thirty (30) calendar days of receipt of properly completed invoices. Payment will be directly deposited in the bank account or sent to the address Contractor designated in its registration. 3.4.6 Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty (60) calendar days after the Contract expiration date. HCA is under no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the Contract expiration date ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. 3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The HCA Contract Manager has the authority to accept or reject the services provided and must approve Contractor's invoices prior to payment. Washington State 9 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.5.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name: Renee Cullop Name: Tony Walton Title: Title: Medical Assistance Program Specialist 3 626 8th Avenue SE 419 N. 4th Street Address: Address: PO Box 42730 Shelton, WA 98584-1037 Olympia, WA 98504-2730 Phone: (360) 427-9670 x296 Phone: (360) 725-9992 Email: reneec@co.mason.wa.us Email: tonv.walton(cDhca.wa.gov 3.6 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person,via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 3.6.1 In the case of notice to the Contractor: Mason County 419 N. 4th Street Shelton, WA 98584-1037 3.6.2 In the case of notice to HCA: Attention: Contracts Administrator Health Care Authority Division of Legal Services Post Office Box 42702 Olympia, WA 98504-2702 3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 3.6.4 The notice address and information provided above may be changed by written notice of the change given as provided above. Washington State 10 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: 3.7.1 Applicable Federal and State of Washington statutes and regulations; 3.7.2 Recitals 3.7.3 Special Terms and Conditions; 3.7.4 General Terms and Conditions; 3.7.5 Attachment 1: Confidential Information Security Requirements; 3.7.6 Schedule A: Statement(s) of Work; 3.7.7 Attachment 2: Quarterly Progress Report Template; 3.7.8 Attachment 3: Quarterly Revenue and Expenditure Report Template; and 3.7.9 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.8 INSURANCE The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Contractor certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified below: 3.8.1 Commercial General Liability Insurance Policy - Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 3.8.2 Business Automobile Liability. In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned, hired, or non-owned by the Contractor, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Washington State 11 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 3.8.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. 3.8.4 The insurance required must be issued by an insurance company/ies authorized to do business within the state of Washington, and must name HCA and the state of Washington, its agents and employees as additional insured's under any Commercial General and/or Business Automobile Liability policy/ies. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non-renewal, revocation or other termination of any insurance coverage required by this Contract, Contractor must provide written notice of such to HCA within one (1) Business Day of Contractor's receipt of such notice. Failure to buy and maintain the required insurance may, at HCA's sole option, result in this Contract's termination. 3.8.5 Privacy Breach Response Coverage. For the term of this Contract and 3 years following its termination or expiration, Contractor must maintain insurance to cover costs incurred in connection with a security incident, privacy Breach, or potential compromise of Data, including: 3.8.5.1 Computer forensics assistance to assess the impact of the Breach or potential Breach, determine root cause, and help determine whether and the extent to which notification must be provided to comply with Breach notification laws. 3.8.5.2 Notification and call center services for individuals affected by a Breach. 3.8.5.3 Breach resolution and mitigation services for individuals affected by a Breach, including fraud prevention, credit monitoring and identity theft assistance. 3.8.5.4 Regulatory defense, fines and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). Upon request, Contractor must submit to HCA a certificate of insurance that outlines the coverage and limits defined in the Insurance section. If a certificate of insurance is requested, Contractor must submit renewal certificates as appropriate during the term of the contract. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. Washington State 12 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. 4.3 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.4 ASSIGNMENT 4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.36, Subcontracting, without the prior written consent of HCA. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to HCA that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the Contract will be null and void. 4.4.2 HCA may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to Contractor. 4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.5 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys' fees and costs. 4.6 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify HCA of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.7 CONFIDENTIAL INFORMATION PROTECTION 4.7.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Washington State 13 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without HCA's express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information (See Attachment 1: Confidential Information Security Requirements). 4.7.2 Contractors that come into contact with Protected Health Information may be required to enter into a Business Associate Agreement with HCA in compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400— 13424, H.R. 1 (2009) (HITECH Act) (HIPAA). 4.7.3 HCA reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.7.4 The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. 4.8 CONFIDENTIAL INFORMATION SECURITY The federal government, including the Centers for Medicare and Medicaid Services (CMS), and the State of Washington all maintain security requirements regarding privacy, data access, and other areas. Contractor is required to comply with the Confidential Information Security Requirements set out in Attachment 1 to this Contract and appropriate portions of the Washington OCIO Security Standard, 141.10 (https://ocio.wa.gov/policies/141-securing-information-technology-assets/14110-securing- information-technology-assets). 4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION 4.9.1 Contractor must notify the HCA Privacy Officer (HCAPrivacyOfficer(D-hca.wa.gov) within five Business Days of discovery of any Breach or suspected Breach of Confidential Information. 4.9.2 Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. Contractor agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by Contractor, its officers, directors, employees, Subcontractors or agents. Washington State 14 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.255.010, or other law or rule, then: 4.9.3.1 HCA may choose to make any required notifications to the individuals, to the U.S. Department of Health and Human Services Secretary (DHHS) Secretary, and to the media, or direct Contractor to make them or any of them. 4.9.3.2 In any case, Contractor will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients (such as paying for regular credit watches in some cases). 4.9.3.3 Contractor will compensate HCA clients for harms caused to them by any Breach or possible Breach. 4.9.4 Any breach of this clause may result in termination of the Contract and the demand for return or disposition (Attachment 1, Section 6) of all Confidential Information. 4.9.5 Contractor's obligations regarding Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Confidential Information and for any breach or possible breach at any time. 4.10 CONTRACTOR'S PROPRIETARY INFORMATION Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, HCA will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information, HCA will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. 4.11 COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. HCA will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. Washington State 15 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.12 DEBARMENT By signing this Contract, Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Contractor agrees to include the above requirement in any and all subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Contractor must immediately notify HCA if, during the term of this Contract, Contractor becomes debarred. HCA may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 4.13 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between HCA and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties' Contract Managers, either party may initiate the following dispute resolution process. 4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the HCA Director review the dispute. Any such request from the initiating party must be submitted in writing to the HCA Director within five (5) Business Days after receiving the response of the responding party. The HCA Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The HCA Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.13.2 A party's request for a dispute resolution must: 4.13.2.1 Be in writing; 4.13.2.2 Include a written description of the dispute; 4.13.2.3 State the relative positions of the parties and the remedy sought; 4.13.2.4 State the Contract Number and the names and contact information for the parties; 4.13.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. Washington State 16 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.14 ENTIRE AGREEMENT HCA and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 4.42 Warranties. 4.15 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED If HCA determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then HCA, at its sole discretion, may: 4.16.1 Terminate this Contract pursuant to Section 4.39.3, Termination for Non- Allocation of Funds; 4.16.2 Renegotiate the Contract under the revised funding conditions; or 4.16.3 Suspend Contractor's performance under the Contract upon five (5) Business Days' advance written notice to Contractor. HCA will use this option only when HCA determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. 4.16.3.1 During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. 4.16.3.2 When HCA determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to HCA informing HCA whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, "written notice" may include email. 4.16.3.3 If the Contractor's proposed resumption date is not acceptable to HCA and an acceptable date cannot be negotiated, HCA may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. HCA will be liable only for payment in accordance with the Washington State 17 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 terms of this Contract for services rendered prior to the retroactive date of termination. 4.17 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. Nothing in this Contract will be construed as a waiver by HCA of the State's immunity under the 11 th Amendment to the United States Constitution. 4.18 HCA NETWORK SECURITY Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the HCA Network without prior written authorization from HCA's Chief Information Officer. Unauthorized access to HCA networks and systems is a violation of HCA Policy and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the HCA visitor Wi-Fi Internet connection while on site. 4.19 INDEMNIFICATION Contractor must defend, indemnify, and save HCA harmless from and against all claims, including reasonable attorneys' fees resulting from such claims, for any or all injuries to persons or damage to property, or Breach of its confidentiality and notification obligations under Section 4.7 Confidential Information Protection and Section 4.8 Confidentiality Breach-Required Notification, arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. 4.20 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. Contractor and its employees or agents performing under this Contract are not employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer or employee of HCA or of the State of Washington by reason hereof, nor will Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 4.21 INDUSTRIAL INSURANCE COVERAGE Prior to performing work under this Contract, Contractor must provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an "employer" as defined in Title 51 RCW, and must maintain full compliance with Title 51 RCW during the course of this Contract. Washington State 18 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.22 LEGAL AND REGULATORY COMPLIANCE 4.22.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.22.2 While on the HCA premises, Contractor must comply with HCA operations and process standards and policies (e.g., ethics, Internet/email usage, data, network and building security, harassment, as applicable). HCA will make an electronic copy of all such policies available to Contractor. 4.22.3 Failure to comply with any provisions of this section may result in Contract termination. 4.23 LIMITATION OF AUTHORITY Only the HCA Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the HCA Authorized Representative. 4.24 NO THIRD-PARTY BENEFICIARIES HCA and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. 4.25 NONDISCRIMINATION During the performance of this Contract, the Contractor must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor'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 under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with HCA. 4.26 OVERPAYMENTS TO CONTRACTOR In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor will refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, HCA may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes. Washington State 19 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.27 PAY EQUITY 4.27.1 Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 213), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.27.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job- related factor(s); or (v) a bona fide regional difference in compensation levels. 4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. 4.27.4 A "bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) Days of HCA's request for such evidence, HCA may suspend or terminate this Contract. 4.28 PUBLICITY 4.28.1 The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and must not be so construed by Contractor in any advertising or other publicity materials. 4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. Washington State 20 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.29 RECORDS AND DOCUMENTS REVIEW 4.29.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.202]. 4.29.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. 4.29.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.30 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 4.31 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to HCA, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.32 RIGHTS IN DATA/OWNERSHIP 4.32.1 HCA and Contractor agree that all data and work products (collectively "Work Product") produced pursuant to this Contract will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. Washington State 21 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.32.2 If for any reason the Work Product would not be considered a work for hire under applicable law, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.32.3 Contractor will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. 4.32.4 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of HCA. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. 4.32.5 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 4.32.6 Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 4.33 RIGHTS OF STATE AND FEDERAL GOVERNMENTS In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use for Federal Government purposes: (i) software, modifications, and documentation designed, developed or installed with Federal Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom Software, and associated Documentation designed, developed, or installed with FFP under this Contract; (iii) the copyright in any work developed under this Contract; and (iv) any rights of copyright to which Contractor purchases ownership under this Contract. Washington State 22 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.34 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.35 SITE SECURITY While on HCA premises, Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. HCA reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 4.36 SUBCONTRACTING 4.36.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of the work contemplated under this Contract without prior written approval of HCA. HCA has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to HCA for any breach in the performance of Contractor's duties. 4.36.2 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 4.36.3 If at any time during the progress of the work HCA determines in its sole judgment that any Subcontractor is incompetent or undesirable, HCA will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.36.4 The rejection or approval by the HCA of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to HCA. 4.36.5 HCA has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. 4.37 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. In addition, the terms of the sections titled Confidential Information Protection, Confidential Information Breach— Required Notification, Contractor's Proprietary Washington State 23 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents Review, Rights in Data/Ownership, and Rights of State and Federal Governments will survive the termination of this Contract. The right of HCA to recover any overpayments will also survive the termination of this Contract. 4.38 TAXES HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder. Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal property taxes levied or assessed on Contractor's personal property. HCA, as an agency of Washington State government, is exempt from property tax. Contractor must complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Contract. 4.39 TERMINATION 4.39.1 TERMINATION FOR DEFAULT In the event HCA determines that Contractor has failed to comply with the terms and conditions of this Contract, HCA has the right to suspend or terminate this Contract. HCA will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. HCA reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by HCA to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a "Termination for Convenience." 4.39.2 TERMINATION FOR CONVENIENCE When, at RCA's sole discretion, it is in the best interest of the State, HCA may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice. If this Contract is so terminated, HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty will accrue to HCA in the event the termination option in this section is exercised. Washington State 24 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.39.3 TERMINATION FOR NONALLOCATION OF FUNDS If funds are not allocated to continue this Contract in any future period, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.39.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY In the event that the authority of HCA to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such withdrawal of authority at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.39.5 TERMINATION FOR CONFLICT OF INTEREST HCA may terminate this Contract by written notice to the Contractor if HCA determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, HCA will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. 4.40 TERMINATION PROCEDURES 4.40.1 Upon termination of this Contract, HCA, in addition to any other rights provided in this Contract, may require Contractor to deliver to HCA any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. 4.40.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed work and services accepted by HCA and the amount agreed upon by the Contractor and HCA for (i) completed work and services for which no separate price is stated; (ii) partially completed work and services; (iii) other property or services that are accepted by HCA; and (iv) the protection and preservation of property, unless the termination is for default, in which case HCA will determine the extent of the liability. Failure to agree with such determination will be a dispute within the meaning of Section 4.13 Disputes. HCA may withhold Washington State 25 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 from any amounts due the Contractor such sum as HCA determines to be necessary to protect HCA against potential loss or liability. 4.40.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: 4.40.3.1 Stop work under the Contract on the date of, and to the extent specified in, the notice; 4.40.3.2 Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; 4.40.3.3 Assign to HCA, in the manner, at the times, and to the extent directed by HCA, all the rights, title, and interest of the Contractor under the orders and subcontracts so terminated; in which case HCA has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4.40.3.4 Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of HCA to the extent HCA may require, which approval or ratification will be final for all the purposes of this clause; 4.40.3.5 Transfer title to and deliver as directed by HCA any property required to be furnished to HCA; 4.40.3.6 Complete performance of any part of the work that was not terminated by HCA; and 4.40.3.7 Take such action as may be necessary, or as HCA may direct, for the protection and preservation of the records related to this Contract that are in the possession of the Contractor and in which HCA has or may acquire an interest. 4.41 WAIVER Waiver of any breach of any term or condition of this Contract will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Contract will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the HCA Authorized Representative has the authority to waive any term or condition of this Contract on behalf of HCA. 4.42 WARRANTIES 4.42.1 Contractor represents and warrants that it will perform all services pursuant to this Contract in a professional manner and with high quality and will immediately re-perform any services that are not in compliance with this representation and warranty at no cost to HCA. Washington State 26 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 4.42.2 Contractor represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 4.42.3 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor to HCA or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence HCA to enter into this Contract. Washington State 27 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Schedule A Statement of Work Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to, the performance of work as set forth below. 1. Definitions "American Society of Addiction Medicine" or "ASAM" means the six dimensions to identify the intensity of treatment services that best fits the individual's needs and provides a common language of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health services, which also addresses the spiritual issues relevant in recovery. "Case Management" or"Case Management Services" means services provided by a Substance Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals assessed as needing treatment and admitted into treatment. Services are provided to assist clients in gaining access to needed medical, social, educational, and other services. Services include case planning, case consultation and referral, and other support services for the purpose of engaging and retaining or maintaining clients in treatment. "Continuity of Care" means the provision of continuous care for chronic or acute medical and behavioral health conditions to maintain care that has started or been authorized to start as the Individual transitions between: facility to home; facility to another facility; providers or service areas; managed care contractors; and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or re-hospitalization; and promotes optimum health recovery. "County Match" means that jurisdictions must match, on a dollar-for-dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts (RCW 2.30.040). "Criminal Justice Treatment Account" or "CJTA" means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580). "CJTA Plan" or "Plan" means the plan that is developed by the county human services or behavioral health services department, county prosecutor, county sheriff, county superior court, a substance use disorder treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court (RCW 71.24.580(6)). The plan shall be approved by the county legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided from the CJTA within that county. "Culturally and Linguistically Appropriate Services" or "CLAS" means the national standards in health and health care intended to advance health equity, improve quality, and eliminate health disparities by establishing a blueprint for health and health care organizations. Washington State 28 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 "Division of Behavioral Health and Recovery" or "DBHR" means the Health Care Authority's Division of Behavioral Health and Recovery, and its employees and authorized agents. "Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). "Drug Enforcement Agency" or "DEA" means a federal agency which is a component of the United State Department of Justice and whose mission is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. "Evidence-based Practice" or "EBP" means a prevention or treatment service or practice that has been validated by some form of documented research evidence and is appropriate for use with individuals with a substance use disorder that are involved in the criminal justice system. EBP also means a program or practice that has been tested where the weight of the evidence from review demonstrates sustained improvements in at least one outcome, and/or a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial. "Individual" means any person in the criminal justice system who is in need of behavioral health services, regardless of income, ability to pay, insurance status or county of residence. "Medications for Opioid Use Disorder" or"MOUD" or"MAT" means the use of FDA-approved opioid agonist medications (e.g., methadone, buprenorphine products including buprenorphine/naloxone combination formulations and buprenorphine mono-product formulations) for the treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone products including extended-release and oral formulations) to prevent relapse to opioid use. "Outreach" or "Community Outreach" means identification of hard-to-reach Individuals with a possible SUD and engagement of these individuals in assessment and ongoing treatment services as necessary. "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based (RCW 2.30.020). "Recovery Support Services" or"RSS" means services that are intended to promote an individual's socialization, recovery, self-advocacy, development of natural support, and maintenance of community living skills. RSS include, but are not limited to, the following services: Supported employment services, supportive housing services, peer support services, wraparound facilitation services, and any other services that are conducive to an individual's recovery in an Substance Use Disorder (SUD) Program (WAC 246-341-0718). "Substance Use Disorder" or"SUD" means a problematic pattern of using alcohol or another substance that results in the impairment in daily life or noticeable distress; and, whereby the individualcontinues use despite leading to clinically significant impairment or distress as categorized in the DSM-5. Washington State 29 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 "Substance Use Disorder Professional" or "SUDP" means an individual who is certified according to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services. "Substance Use Disorder Professional Trainee" or"SUDPT" means an individual working toward the education and experience requirements for certification as a chemical dependency professional, and who has been credentialed as a CDPT "Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out-of-home placements of children, termination of parental rights, and substance use and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). "Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in Chapter 246-341 WAC. "Treatment Support" means services such as transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions. "Washington State Jail" or "Jail" means any city, county, regional, or tribal jail operating in the state of Washington. 2. Purpose Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment Account funds, to individuals involved in the criminal justice system in accordance with RCW 71.24.580. 3. CTJA Account Services Specific Eligibility and Funding Requirements In addition to state funding through the CJTA, several counties receive additional state funding for specific Drug Courts. State Drug Court funding is provided to the following counties: Clallam, Cowlitz, King, Kitsap, Pierce, Skagit, Spokane, and Thurston. The counties that receive supplemental state Drug Court funding must ensure the provision of substance use disorder treatment and support services detailed below, and in accordance with RCW 71.24.580 ad RCW 2.30.030. a. In accordance with RCW 71.24.580, the Contractor will be responsible for treatment and recovery support services for criminally involved individuals. b. CJTA Statutory Funding Guidelines 1. In accordance with RCW 2.30.040 counties that allocate CJTA and/or State Drug Court funds to a Therapeutic Court Program must match, on a dollar-for-dollar basis, an equal amount of local funding through cash or in-kind resources. Moneys appropriated under this provision may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts. Washington State 30 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 2. No more than ten percent (10%) of the total CJTA funds maybe used for the following support services combined: i. Transportation; and ii. Child Care Services. 3. At a minimum, thirty percent (30%) of the CJTA funds for special projects that meet any or all of the following conditions: i. An acknowledged best practice (or treatment strategy) that can be documented in published research; ii. An approach utilizing either traditional or best practice approaches to treat significant underserved population(s) and populations who are disproportionately affected by the criminal justice system; iii. A regional project conducted in partnership with at least one other entity serving the service area; and/or iv. CJTA Special Projects. A special project would HCA retains the right to request progress reports on CJTA special projects. 4. CJTA Funding —Allowable Services a. Brief Intervention (any level, assessment not required); b. Acute Withdrawal Management (ASAM Level 3.7WM); c. Sub-Acute Withdrawal Management (ASAM Level 3.2WM); d. Outpatient Treatment (ASAM Level 1); e. Intensive Outpatient Treatment (ASAM Level 2.1); f. Opioid Treatment Program (ASAM Level 1); g. Case Management (ASAM Level 1.2); h. Intensive Inpatient Residential Treatment (ASAM Level 3.5); i. Long-term Care Residential Treatment (ASAM Level 3.3); j. Recovery House Residential Treatment (ASAM Level 3.1); k. Assessment (to include Assessments done while in jail); I. Interim Services; m. Community Outreach; Washington State 31 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 n. Involuntary Commitment Investigations and Treatment; o. Room and Board (Residential Treatment Only); p. Transportation; q. Childcare Services; r. Urinalysis; s. Recovery Support Services that may include: 1. Employment services and job training; 2. Relapse prevention; 3. Family/marriage education; 4. Peer-to-peer services, mentoring and coaching; 5. Self-help and spiritual, religious support groups; 6. Housing support services (rent and/or deposits); 7. Life skills; 8. Education Training (e.g. GED Assistance); and 9. Parent education and child development. t. Substance Use Disorder treatment in the Jail: 1. CJTA funds may not supplement or supplant any currently funded programs that previously existed in a Jail environment. 2. The Contractor may not use more than 30% of their allocation for treatment in the Jail. 3. If CJTA funds are utilized for these purposes, the Contractor must attempt to provide treatment with the following stipulations: i. Identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their return to the community; ii. Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode; and iii. Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment. Washington State 32 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 4. The following treatment modalities may be provided through CJTA funding: i. Engaging individuals in SUD treatment; ii. Screening, assessing, and inducting individuals on MOUD; iii. Referral to SUD services; iv. Providing continuity of care; and v. Planning for an individual's transition from Jail. 5. MAT in Therapeutic Courts Per RCW 71.24.580, "If a region or county uses criminal justice treatment account funds to support a therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a participant by a medical professional. If appropriate medication-assisted treatment resources are not available or accessible within the jurisdiction, the health care authority's designee for assistance must assist the court with acquiring the resource." a. The Contractor, under the provisions of this Contract, will abide by the following guidelines related to CJTA and Therapeutic Courts: 1. The Contractor will only subcontract with Therapeutic Courts that have policy and procedures allowing Participants at any point in their course of treatment to seek FDA- approved medication for any substance use disorder and ensuring the agency will provide or facilitate the induction of any prescribed FDA approved medications for any substance use disorder. 2. The Contractor will only subcontract with Therapeutic Court programs that work with licensed SUD behavioral health treatment agencies that have policy and procedures in place ensuring they will not deny services to Enrollees who are prescribed any of the Federal Drug Administration (FDA) approved medications to treat all substance use disorders. 3. The Contractor may not subcontract with a Therapeutic Court program that is known to have policies and procedures in place that mandate titration of any prescribed FDA approved medications to treat any substance use disorder, as a condition of participants being admitted into the program, continuing in the program, or graduating from the program, with the understanding that decisions concerning medication adjustment are made solely between the participant and their prescribing provider. 4. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic program is practicing any of the following: i. Requiring discontinuation, titration, or alteration of their medication regimen as a precluding factor in admittance into a Therapeutic Court program; Washington State 33 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 ii. Requiring participants already in the program discontinue MOUD in order to be in compliance with program requirements; iii. Requiring discontinuation, titration, or alteration of their MOUD medication regimen as a necessary component of meeting program requirements for graduation from a Therapeutic Court program. 5. All decisions regarding an individual's amenability and appropriateness for MOUD will be made by the individual in concert with a medical professional. 6. CJTA Plan a. The Contractor must coordinate with the local CJTA panel for the county in order to facilitate the planning requirement as described in RCW 71.24.580(6). County level funding priorities are established by the local CJTA Panel. The plans should detail the coordination within the county, leverage the needed services for the community, and reach the intended population for the CJTA fund. Any CJTA funded efforts must be included in the CJTA Plan, including the following specific elements: 1. Describe in detail how substance use disorder treatment and support services will be delivered within the region; 2. Per section 3.b.1 of this Statement of Work, address the CJTA Account Match Requirement if funds provide treatment or recovery support services for therapeutic court participants; 3. Include details on special projects such as best practices/treatment strategies, significant underserved population(s), or regional endeavors, including the following: i. Describe the project and how it will be consistent with the strategic plan; ii. Describe how the project will enhance treatment services for individuals in the criminal justice system; iii. Indicate the number of individuals who will be served using innovative funds; iv. If applicable, indicate plans for inclusion of MOUD within the county's Therapeutic Court programs; and v. Address the Fiscal and programmatic Data Reporting requirements found in Section 7 of this Statement of Work. 4. The Local CJTA Panel must approve the Contractor's CJTA Plan through a consensus. A majority vote is sufficient if a consensus is not reached. 5. The final approved plan must be approved by the county's legislative authority. 6. Completed and legislatively approved plans must be submitted to the HCA for Review and Approval. Plan will be forwarded to the State CJTA Panel once approved by the HCA. The Contractor must implement the plan as it is written and notify the HCA if any changes are made. Washington State 34 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 7. CJTA Plans are due by October 15, 2019 and are updated every two years to coincide with the state fiscal biennium. 7. Data Reporting Requirements a. The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related data systems to oversee all data interfaces and support the specific reporting requirements under Contract. b. The Contractor shall ensure that all Subcontractors required to report programmatic data have the capacity to submit all HCA required data to enable the Contractor to meet the requirements under the Contract. c. There are three quarterly reports that the Contractor will be responsible for submitting: The Quarterly Progress Report (QPR), the Revenue and Expenditure Report (R&E), and the Programmatic Treatment Report (PTR): 1. The Contractor will be responsible for submitting the QPR. The HCA will provide the Contractor with a template form that will report on the following program elements: i. Number of individuals served under CJTA funding for that time period; ii. Barriers to providing services to the Criminal Justice Population; iii. Strategies to overcome the identified barriers; iv. Training and Technical assistance needs; v. Success stories or narratives from individuals receiving CJTA services; and vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of individuals into the program who were either already on MOUD, referred to MOUD, or were provided information regarding MOUD. 2. The Contractor will be responsible for submitting the R&E on a quarterly basis. The HCA will provide the Contractor with a template form that captures the fiscal expenditures for that quarter. The Contractor: i. Will use the Excel document provided by the HCA; ii. Will report the amount of CJTA expenditures in their Contractor for each state fiscal quarter (State Fiscal quarters end on March 31, June 30, September 30, and December 31); iii. Complete the document in its entirety; and iv. Submit the internally reviewed and complete R&E report within 45 days of the end of each State Fiscal Quarter. Washington State 35 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 3. The Contractor is responsible for submitting the PTR each quarter through a Secure File Transfer (SFT). The HCA will provide the Contractor with an excel workbook template that will capture a variety of demographic and programmatic data. In addition, this process will include the following: i. The Contractor will ensure that their subcontractor has the bandwidth to complete all data elements requested in the PTR. ii. The Contractor may allow the subcontractor to do all data entry but the PTR must be submitted into the Behavioral Health Data System (BHDS) by the Contractor through the established Secure File Transfer procedure. iii. The Contractor will review for completeness and accuracy each PTR that they receive from the subcontractor. iv. The Contractor will work with their subcontractors to ensure that any applicable Release of Information (ROI) forms are updated to account for the sharing of Personal Health Information (PHI) with the HCA. Washington State 36 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 Attachment 1 Confidential Information Security Requirements 1. Definitions In addition to the definitions set out in this Contract for CJTA Funded Treatment and Recovery Support Services, the definitions below apply to this Attachment. a. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. i. Passwords for external authentication must be a minimum of 10 characters long. ii. Passwords for internal authentication must be a minimum of 8 characters long. iii. Passwords used for system service or service accounts must be a minimum of 20 characters long. b. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). c. "Portable/Removable Devices" means any small computing device that can be transported, including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. e. "Transmitting" means the transferring of data electronically, such as via email, SFTP, webservices, AWS Snowball, etc. f. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. Washington State 37 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 g. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting a. When transmitting HCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist..qov/publications/PubsSPs.html). This includes transmission over the public internet. b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: a. Data at Rest: i. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data. Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. ii. Data stored on Portable/Removable Media or Devices: • Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. • HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Contract. If so authorized, the Receiving Party must protect the Data by: 1. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; 2. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; 3. Keeping devices in locked storage when not in use; 4. Using check-in/check-out procedures when devices are shared; Washington State 38 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 5. Maintain an inventory of devices; and 6. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. b. Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4. Confidential Information Segregation HCA Confidential Information received under this Contract must be segregated or otherwise distinguishable from non-HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. a. The HCA Confidential Information must be kept in one of the following ways: i. on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or ii. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or iii. in a database that will contain only HCA Data; or iv. within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or V. when stored as physical paper documents, physically segregated from non-HCA Data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate HCA Confidential Information from non- HCA data, then both the HCA Confidential Information and the non-HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors If HCA Confidential Information provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html). Washington State 39 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 a. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. Washington State 40 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 1 Attachment 2: Quarterly Progress Report Template CRIMINAL JUSTICE TREATMENT ACCOUNT QUARTERLY PROGRESS Please respond to each question and submit as a separate attachment with your quarterly R&E Report to: tonv.walton@hca.wa.sov Report Quarter Duly 2019 to September 2019 ❑October 2019 to December 2019 ❑January 2020 to March 2020❑April 2020 to June 2020 Name of County completing Report' Click or tap here to enter text. Please enter your status for each item, if item is incomplete please list your plan of correction (POC) including actions to be taken and target date for completion. 1. Contractor entered all encounters and supplemental transactions funded by GTA into the"CJTA Provider Entry Workbook"? ❑Yes ❑No If no, please enter POC. 2. County submitted the CJTA Provider Entry Workbook through the Secure File Transfer? Dyes ❑No If no, please enter POC. 3. County submitted the Quarterly Revenue and Expenditure Report? [--]Yes ❑No If no, please enter POC. Washington State 41 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 3 Attachment 2: Quarterly Progress Report Template 4. County has made attempts to expand access to Recovery Support Services for the intended population? Dyes ❑No If no, please enter POC. 5. GTA funding provides services for individual in a Therapeutic Court Program? ❑Yes ❑No If Yes, please indicate the number of individuals who were admitted into the program during this quarter who are receiving medication assisted treatment or medications for opioid use disorder: If Yes, please indicate what medications the individuals admitted into the program during this quarter are receiving(e.g. Buprenorphine, Methadone, Naltexone): 6. Is there any indication that the Therapeutic Court programs benefitting from GTA are denying access to, or requiring titration from, any medications for opioid use disorder? Dyes ❑No Please enter any additional comments here: 7. CJTA funding used in the local, county,city,or tribal Jail? ❑Yes ❑No If Yes, please indicate any barriers to providing treatment services and transitioning individuals into the community: Washington State 42 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 3 Attachment 2: Quarterly Progress Report Template 8. List any other significant accomplishments. 9. List any training or technical assistance needs. 10. Summarize any barrier(s)encountered and plans to overcome the barrier(s)with timeline. 11. Please include any other comments you would like to convey to the HCA Contract Manager: Completed By: Date: Washington State 43 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 3 Attachment 3: Quarterly Revenue and Expenditure Report Template CJTA Revenue & Expenditure Report County Name [Month] - [Month] [Year] EVENUES AMOUNT Non-Medicaid Revenues Criminal Justice Treatment Acct(GTA) State Drug Court(CJTA) TOTAL REVENUES $ - AMOUNT Number EXPENDITURES - Substance Use Disorder Served Assessment(to include assessments done while in jail) Interim Services Community Outreach Brief Intervention(Any level,assessment not required) Acute Withdrawal Management(Detoxification) Involuntary Commitment Investigations and Treatment Sub-Acute Withdrawal Management(Detoxification) Outpatient Treatment(Group or Individual) Intensive Outpatient Treatment Opiate Substitution Treatment Case Management Urinalysis Room and Board (Residential Treatment only) Intensive Inpatient Residential Treatment Services Long-Tem Care Residential Treatment Services Recovery House Residential Treatment Services Treatment in the jail (8 Sessions) Recovery Support Services Administration-10% Maximum Transportation Childcare Services TOTAL EXPENDITURES Washington State 44 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 3 Attachment 3: Quarterly Revenue and Expenditure Report Template Additional Required Reporting: GTA Amount Adult Youth PPW Total $ - Discrepancy $ - CJTA- Minimum 30%Innovative $ 100% Match Contracted Directly with Courts $0.00 $0.00 Washington State 45 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K3964 Attachment 3 dcry--, MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: September 24, 2019 Agenda Item # F.5 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8066888-8067092 $ 1,267,581.30 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 20,031,926.33 Direct Deposit YTD Total $ 11,725,374.28 Salary Clearing YTD Total $ 12,494,912.12 Approval of Treasure Electronic Remittances YTD Total $ 6,916,936.33 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8066888-8067092 $ 1,267,581.30 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X_ Public Hearing Other DEPARTMENT: Sheriff's Office EXT: 636 COMMISSION MEETING DATE: 9/24/19 Agenda Item # g. Le (Commissioner staff to complete) BRIEFING DATE: 9/16/19 BRIEFING PRESENTED BY: Travis Adams, Sheryl Hilt [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Move $310,000 from Sheriff's Office Wages and Benefits to Operating to cover unanticipated expenses and replacement tasers. BACKGROUND: The Sheriff's Office has been trying to fill all open positions but it's a long process that takes quite a bit of time. Many applicants aren't able to pass all aspects of the interview or training. As a result, eight positions have been open for more than half the year and some new employees were hired at a lower step than was budgeted. This has created a balance in the total Wages and Benefits spent to date. On the Operations side, there have been unanticipated expenses for inmate medical transport and medical care, jail meals, replacement computers, replacement bulletproof vests, and a variety of other items. Additionally, all tasers deputies use as less lethal means of constraint are past their recommended useful life. RECOMMENDED ACTION: Approve the move of $310,000 from Sheriff's Office Wages and Benefits to Sheriff's Office Operations. Reallocate from Salaries Reallocate to Operations $110,000 from Admin $ 70,000 to Admin $130,000 from Corrections $100,000 to Corrections $ 70,000 from Traffic $ 70,000 to Traffic $ 70,000 to Patrol BUDGET IMPACTS: None ATTACHMENT(S): None C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\8KQ4CYT8\Commission Agenda Item Summary Sept 2019.docx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing _X_ Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: September 24, 2019 Agenda Item # f(D_ Commissioner staff to complete) BRIEFING DATE: September 10, 2019 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public hearing to consider the sale of parcel 22017-52-00087 located on E. Lakeshore Drive, E., Shelton in the amount of$7,500. BACKGROUND: This parcel is considered tax title and an attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) all three parcels can be sold by direct negotiation within twelve months of the attempted auction. 2019 market value: $12,325 Taxes due: $1918.48 Current offer: $7,500 RECOMMENDED ACTION: Approval to sell surplus parcel no. 22017-52- 00087 in the amount of$7,500. ATTACHMENTS: Purchase and Sale Agreements Agent Detail Reports Resolution Map LAProperty Mng\Property Offers&Negotiations\22017-85-00087-661 E Lakeshore Dr\Action for hearing.doc Authentisign ID:2D688A2.A-EE82.43C5-ADSE-29874B9F2D7F AuthentlsignID:442CCFE8-281349C1-OF36-F6CB27F222E Autherltleign ID:16C32BAS-41474191,82E-19A118384097 Authentlelen ID:CD*621AC•C67D421"DF41BmAFWMA Form 36 OCopydght2011 Counteroffer Addendum Northwest Multiple Listing Service Rev.8111 COUNTEROFFER ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the offer(Real Estate Purchase and Sale Agreement)dated ...�A st25,2019 1 titil E Lakeshore Drive E Shelton WA 98584 concerning ._ -— _ .... ..........._. - (the'Property"), 2 AeMMtr r�,_ sus �;...�..._. by,Susanna Hopkins _ ,as _'» 3 and the undersigned Maaoa Casually ,as Setter 4 are accepted,except for the following changes. S Id The Purchase Price shall be$ 8,000.00 .. 6 Eigbt Thousand and no/100............................................dollars 7 30 Other. 8 I This counter offer was from the last multiple offer contract. After the winning buyer 9 backed out, Susanna Hopkins re-submitted her original offer of$7,000. 10 Her counter offer to you is $7,500. 12 13 09/13/2019 14 15 16 17 16 09/12/2019 19 20 21 22 23 24 25 26 0911212019 L NJ llus tAtrtrltrtrnffr r :ht48 t>xtrirtt of 9.00 Ir,nt, rtrr 9h5/19 (ft rtof f111ttrl In$ tvvat djys after it is defivr1r.cl), 27 uttivsts it 1�s 7tsrt(tf tuuhtlr;tvm,At:eeplanev s:Itu11110 bo ufforllve until nericpttld rgjiy is tx�tlyiitf by Iter ctiynlerafft:rr:•t, 23 Iltc:if iuokur or at Ilia fiarar.9erl 0ificu(it flteit lw kt-1. It uti5 ronntrtrafr.or is IuA iio sMopth-4, R sivill laitin,and the 29 30 L:unr;sl fYt aw-y shall Ire I-clutulcrrl to filryvr. All r tlr,r:rens and conditions of the above offer are Incorporated herein by reference as though fully set forth. 31 1y. 0&1271,2019 xr= s ;x.r1 t::�I.:•,y,<rr...__ Date ;ir.1t1,1irtr! Date Signature ((Tlrr.'�hbve counteroffer is accepted. �l j J Signs ures"1'ar�.sx:lrw4aur Date signature Date _........ �.. Authentisign to:9B4032E7-D271.4DB4-9E37.1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of SPECIFIC TERMS 1. Date: August 25,2019 MLS No.: 1416200 Offer Expiration Date: 8/28/2019 2. Buyer: Susanna Abigail Hopkins Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 220175200087 661 E Lakeshore Drive E Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$ 7,000.00 Seven Thousand Dollars 6. Earnest Money: $ 500.00 ❑ Check; m Note; ❑Other (held by Selling Firm; ❑Closing Agent) 7. Default: (check only one)R1 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co. 9. Closing Agent: Mason County Title Co. Donna Dotson Company Individual(optional) 10. Closing Date: 9/27/2019 Possession Date: 0 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K); RI Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer;0 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 64 is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property: ❑must be subdivided before ; 14 is not required to be subdivided 15. Feasibility Contingency Expiration Date: 10 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑both parties; ❑ neither party Listing Broker represents: VI Seller; ❑both parties 17. Addenda: 22D(Optional Clauses) 31(Earnest Money Note) 35F(Feasibiility) Aut6eni kw 08/26/2019 Q2019"'Ig . PF&PDT Date Sellers Signature Date Buyer's Signature Date Seller's Signature Date 4935 N.Bristol Street Buyer's Address Seller's Address Tacoma WA 98407 Shelton,WA 98584 City,State,Zip City,State,Zip 253-973-8963 (360)427-9670 Phone No. Fax No. Phone No. Fax No. aminalsh@aol.com Buyers E-mail Address Seller's E-mail Address Shelton Land&Homes,LLC 9822 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jodie Guedon 25928 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5555 (360)589-9694 (360)426-8230 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. jborgert@aft.net mail RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jodieg2@comcast.net richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 50168 89647 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:9B4032E7-D271.4DB4-9E37-1EFBD24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded-to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:984032E7-D271.4DB4-9E37-1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity'set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers,and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers,title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 [91�1 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-0271-4DB4-9E37-1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date,shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed,shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 sk�F 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7-D2714DB4-9E37-1EF8D24EFE09 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water,sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 11J 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:9B4032E7-D2714DB4-9E37-1EF8D24EFE09 Form 35F ©Copyright 2010 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated August 25,2019 1 between Susanna Abigail Hopkins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 661 E Lakeshore Drive E Shelton WA 98584 (the"Property"). 4 Address city State Zip Feasibility Contingency. Buyer shall verify within 10 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school,fire and any other growth mitigation or impact fees that must be paid;the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 [1-11-yl 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign to:984032E7-0271-4DB4-9E37-1EF8D24EFE09 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE S SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 25,2019 1 between Susanna Abigail Hopkins ("Buyer") 2 Buyer Buyer and Mason County ("Seller') 3 Seller Seller concerning 661 E Lakeshore Drive E Shelton WA 98584 (the"Property"). 4 Address city State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowners Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyers lender or Closing Agent, at Sellers expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent,_at Sellers expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowners 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date. Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 le-by], 08/26/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID;9B4032E7-D271.4DB4.9E37-1EF8D24EFE09 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev. OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED 2 o Page 2 of 2 PURCHASE&SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days(5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two(2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; 66 Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 1-11-11-11C08/26/2019 Buyet's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:9B4032E7.0271-4OB4-9E37-tEF8D24EFE09 Form 31 ©Copyright 2010 Earnest Money Promissory Note Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 EARNEST MONEY PROMISSORY NOTE $ 500.00 Shelton Washington 1 FOR VALUE RECEIVED, Susanna Abigail Hopldns 2 Buyer ("Buyer") 3 Buyer agree(s)to pay to the order of Mason County Title Co. (Selling Firm or Closing Agent) 4 the sum of Five Hundred Dollars 5 ($ 500.00 ), as follows: 6 0 within 3 days following mutual acceptance of the Purchase and Sale Agreement. 7 ❑ ' . 8 This Note is evidence of the obligation to pay Earnest Money under a real estate Purchase and 9 Sale Agreement between the Buyer and Mason County 10 Seller ("Seller") 11 Seller dated August 25,2019 Buyer's failure to pay the Earnest Money 12 strictly as above shall constitute default on said Purchase and Sale Agreement as well as on this Note. 13 If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect 14 any of the balance due on this Note, the Buyer promises to pay reasonable attorneys' fees, and all 15 court and collection costs. 16 Date: 08/26/2019 17 (�Au"niiss>rr BUYER l , ��� rslaF; 18 C 8/26/2019 1:43:23 PM PDT BUYER 19 *"On closing"or similar language is not recommended. Use a definite date. Authentisign ID:9B4032E7-D271-4DB4.9E37-tEFBD24EFE09 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 8- 25-2019 1 between Susanna A. Hopkins ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 661 E. Lakeshore Dr. E. Shelton, WA. 98584 (the"Property").P rtY").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement,in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6.Buyer shall pay all current and past due Association dues. 13 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 C � 08/26/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID:9B4032E7-0271-4DB4-9E37-1 EF8D24EFE09 Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate 1 brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor 2 and buyer/lessee, or neither. 3 This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. 4 THE UNDERSIGNED BROKER REPRESENTS: Buyer, 5 THE UNDERSIGNED BUYER/LESSEE OR SELLER/ LESSOR ACKNOWLEDGES RECEIPT 6 OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" 7 Authentisu, Buyer G"'""'"`" � 08/26/2019 $ iZ :Z4 FM VU I gnature Date 9 Signature Date 10 Signature Date 11 Signature Date BROKER JoAnn Guedon (Jodie) 12 Print/Type BROKER'S SIGNATURE 13 FIRM NAME AS LICENSED Shelton Land&Homes LLC 14 Print/Type FIRM'S ASSUMED NAME (if applicable) 15 Print/Type Authentisign ID:9B4032E7-D271-4DB4-9E37-1EF8D24EFE09 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" Legal Description: Lot eightyseven (87),Timberlake No. 10,Volume 7 of Plats, pages 88 to 91, both inclusive, records of Mason County,Washington. Parcel No. 22017 52 00087 Abbreviated Legal: Lot 87,Timberlake No. 10 Parcel No(s): 22017-52-00087 Purported Address: 661 E Lakeshore Drive East, Shelton,WA 98584 08/26/2019 This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Form 4690 WA 08/01/16;TC 04/0218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:984032E7-0271-4DB4-9E37-1EF8D24EFE09 N MASON CPO'UMTY I � COMPANY Part of the Aegis Land Title Group Property Address: 661 E Lakeshore Drive East, Shelton, WA 98584 Timberlake No. 10 (Volume 7, Pages 88-91) AM -s► $�, `: '�-,,r• .mow � `�� �'! '� � •; IK � � � �. ;�. � ` .�` . ,ate��'�f► 4, >w 4 . ' ;..► : jtGIf" .� �'� 0'# ft Abr. 1-51 67 This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matter related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Authentisign ID:964032E7-D2714DB4-9E37-1EF8D24EFE09 N MASON COUNTY TITLE COMPANY Part of the Aegis Land Title Group e 4- ' . 4 >f �y r i ��r• �Ste- �� � ` • - 'f�:. y � I This is not a survey. It is provided as a convenience to locate the land indicated hereon with reference to streets and other land. It is not intended to show all matters related to the property including,but not limited to,areas,dimensions,assessments,encroachments,or location boundaries. It is not a part of,nor does it modify the commitment or policy to which it is attached. The company assumes no liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. 130 W Railroad Ave,Shelton,WA 98584 Phone:(360)426-9713/(360)426-0716 Web Site: www.MasonCountyTitle.com Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416200 661 E Lakeshore Dr E,Shelton 98584 STAT: Active LP: $7,500 County: Mason LT: 87 BLK: CMTY: Timberlakes � PRJ: Timberlake#10 K Type: Vacant Land CDOM: 139 AR: 176 TAX: 220175200087 OLP: $7,500 MAP: GRD: Internet: Yes s DD: Hwy 3,Right on Agate, Left on FIN: Crestview,Left on Timberlake Dr,right LD: 03/15/2019 �► onto E Pickering Dr.Right onto Annas Way XD: 10/16/2019 •-._ :' E.Property on Corner of Annas Way and E OMD: Lakeshore Dr E LAG: Richard Beckman(55681) PH: (360)790-1921 <'z FAX: (360)426-1645 PH Type: Cellular Richard Beckman Realty Group(4537) PH: (360)426-5521 T SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 17202 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 CAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Timberlakes Right of First Refusal: No ACR: 0.340 LSF: 14,810 LSZ: WFG: DOC: WFT: LDE: Corner Lot,Paved Street VEW: HOA: RD: South RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Level SLP: LVL: Community CCRs,Clubhouse,Community Waterfront/Pvt BeachCCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.Maybe subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191705 Marketing Remarks: Corner lot in the Timberlake Community.Community offers owners access to two lakes,clubhouse, parks and a salt waterfront park on Pickering Passage a short drive away. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 08/01/2019-12:13PM RESOLUTION NO. APPROVAL OF SALE OF PROPERTY WHEREAS, Mason County owns the tax title parcel #22017-52-00087, located on E. Lakeshore Drive, E., Shelton WA; and WHEREAS, an auction was held September 24, 2019 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$7,500 and a public hearing was held on September 24, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel #22017-52-00087) is approved at the price of$7,500; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 24th day of September, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice-Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Mason County WA GIS Web Map 4 _ 1 L SHORE DR EAST` -LAKESHoRE DR EAST t 4 hL JF �* E E - EA � � �32�� E lAKE5H_�RE D�aF=AS p175200067 low » �N 9/17/2019 4:30:23 PM 1:768 0 0.01 0.01 0.02 mi CO County Boundary 0 0.01 0.02 0.04 km ' Site Address (Zoom in to 1:5,000) E� Tax Parcels (Zoom in to 1:30,000) Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Richard Diaz I Earthstar Geographies i Esri,HERE,Garmin MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: 09/24/2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 09/16/2019 BRIEFING PRESENTED BY: Frank Pinter (] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public hearing to consider the sale of parcel: 32127-53-00174, located on E. Mason Lake Rd., Shelton for $4,000. BACKGROUND: This parcel was considered surplus to the needs of Mason County via resolution 33-10 on May 4, 2010. 2019 Assessed Value: $4,275 Current offer: $4,000 As of September 17, 2019 there are no back taxes owed. RECOMMENDED ACTION: Approval to sell parcel 32127-53-00174 in the amount of $4,000. ATTACH M E NT(S): Purchase and sale agreement Resolution 33-10 noting surplus Resolution to sell Map IAProperty Mng\Property Offers&Negotiations\32127-53-00174-2680 E Mason Lake Rd\hearing cover.doc Authentisign ID:7CD73A60-AC6B-4BAC-8534-2A4EEA1C9660 'f � Form 25 Isi ©Copyright 2019 Vacant Land Purchase&Sale &**M* Northwest Multiple Listing Service Rev.7/19 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: August 06,2019 MLS No.: 1409945 Offer Expiration Date: 8/13/2019 2. Buyer: Trevor Darron Lynn Brooks Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 321275300174 2680 E Mason Lake Road Shelton Mason WA 98584 Address City County State Zip 5. Purchase Price:$4,000.00 Four Thousand Dollars 6. Earnest Money:$ 500.00 14 Check; ❑ Note; ❑ Other (held by❑Selling Firm; ❑Closing Agent) 7. Default: (check only one) 0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title 9. Closing Agent: Donna Dotson Company Individual(optional) 10. Closing Date: 9/27/2019 Possession Date: RI on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: 0 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, 14 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; ¢I is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property:❑must be subdivided before ; WI is not required to be subdivided 15. Feasibility Contingency Expiration Date: 0 25 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer, ❑Seller; ❑ both parties; ❑ neither party Listing Broker represents: ❑Seller; ;d both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22K(Utilities) 22LA(Land/Acreage) 22T(Title Contingency) Authe N 08/07/2019 PDT Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date Buyer's Address Seller's Address City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. trevor.brooks@bldr.com Buyer's E-mail Address Seller's E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Brandon Armstrong 113442 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)789-1892 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@RichardBeckman.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address brandon@richardbeckman.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 129390 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:7CD73A60-AC6B-4BAC-8534-2A4EEA1C9660 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties.The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 35 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted,the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 48 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Seller's inability to provide insurable title. 59 73 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B-4BAC-6534-2A4EEA1C9660 Form 25 OCopyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date.Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers,and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA")at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 111 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail(an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 15-1921 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B-0BAC-8534-2A4EEAt C9660 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 1. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No. 7, shall apply: 138 1. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing parry is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other parry shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Selling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 F529X] 08/07/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B-4BAC-8534-2A4EEA7C9660 Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyers responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water,sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyers intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyers satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 221 -earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 [5oxl 08/07/2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign to:7CD73A60-AC6B4BAC-6534-2A4EEA1C9660 Form 22D mi7a kdmm ©Copyright 2019 Optional Clauses AddendumNorthwest Multiple Listing Service Rev.7/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 2 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 06,2019 1 between Trevor Darron Lynn Brooks ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2680 E Mason Lake Road Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments(fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. 0 Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date.Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION:TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION:TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 dish and operating equipment; ❑ other 40 15 JI)J131 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:7CD73A60-AC6B-4BAC-8534-2A4EEA1C9660 Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/19 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 oft PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s)are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. Gd Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within 10 days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions(CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. ❑ Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association(e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to$ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 r._,,,J1.1 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:7CD73A60-AC6B-4BAC-8534-2A4EEA1C9660 Form 22EF ©Copyright 2019 Evidence of Funds Addendum - Northwest Multiple Listing Service Rev.7119 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 06,2019 1 between Trevor Darrou Lynn Brooks ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2680 E Mason Lake Road Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(N.WMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. QJ EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 5 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Sellers notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF CONTINGENT FUNDS. Buyer is relying on Contingent Funds for the Purchase Price: 22 ❑ Loan: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds (describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 If Buyer disclosed that Buyer is obtaining a loan, Seller shall permit an appraisal of the Property and inspections 35 required by lender, including but not limited to structural, pest, heating, plumbing, roof, electrical, septic, and 36 well inspections. Seller is not obligated to pay for such inspections unless otherwise agreed. 37 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Section 3 are not 38 available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 39 gr ment. 40 C� � 08/07/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:7CD73A60-AC6B-0BACS534-2A4EEA1C9660 Form 22K --AM ©Copyright 2019 Identification of Utilities Addendum meow Northwest Multiple Listing Service Rev.7/19 IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 06,2019 1 between Trevor Darron Lynn Brooks ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2680 E Mason Lake Road Shelton WA 98584 (the"Property'). 4 Address City State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: 8 Name e-mail or website(optional) 9 Address 10 City,State,Zip Fax.No.(optional) SEWER DISTRICT: 11 Name e-mail or website(optional) 12 Address 13 City,State,Zip Fax.No.(optional) IRRIGATION DISTRICT: 14 Name e-mail or website(optional) 15 Address 16 City,State,Zip Fax.No.(optional) GARBAGE: 17 Name e-mail or website(optional) 18 Address 19 City,State,Zip Fax. No.(optional) ELECTRICITY: 20 Name e-mail or website(optional) 21 Address 22 City,State,Zip Fax. No.(optional) GAS: 23 Name e-mail or website(optional) 24 Address 25 City,State,Zip Fax. No.(optional) SPECIAL DISTRICT(S): 26 (local improvement districts or Name e-mail or website(optional) utility local improvement districts) 27 Address 28 City,State,Zip Fax.No.(optional) If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 to insi re payment of, Seller's utility charges. 36 SDJ13 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B4BAC-8534.2A4EEA1C9660 Form 22 L&A ffiliww ©Copyright 2019 Land&Acreage Addendum b111111'rov- Northwest Multiple Listing Service Rev.7/19 LAND AND ACREAGE ADDENDUM ALL RIGHTS RESERVED Page 1 of 4 The following is part of the Purchase and Sale Agreement dated August 06,2019 1 between Trevor Darron Lynn Brooks ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2680 E Mason Lake Road Shelton WA 98584 (the"Property"). 4 Address City State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by qualified professionals for organic and inorganic materials, including, but not limited 21 to bacteria, coliform, lead, arsenic, nitrates, and uranium. A generally accepted method for determining water 22 quantity produced by a well is to have a test conducted by experts to determine gallons per minute. Buyer 23 understands that the results of such tests only provide information regarding water quality or quantity at the 24 time of the test(s) and provide no representation or guarantee that results will not change or vary at other 25 times. 26 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 27 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 28 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 29 to be paid if the use classification is changed or withdrawn at Closing or in the future. 30 f. A generally accepted method for determining the value of timber growing on the Property is to have a 31 qualified forester or forest products expert"cruise"the Property and give a written valuation. 32 g. On-site sewage systems should be inspected by qualified professionals licensed by the local municipality. If 33 there is an on-site sewage system on the Property that has not been recently used, Buyer should consider 34 conducting a purge test and other inspections to determine whether there are any defects in the system. A 35 purge test consists of introducing water into the system to determine whether the system is functioning 36 properly. 37 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 38 title to the Prcperty is transferred. 39 L Seller may have entered into lease or rental agreements that extend beyond the Closing Date. Buyer should 40 use due diligence to investigate such agreements. 41 j. Seller shall have the right to harvest all crops in the ordinary course of business until the Possession Date. 42 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B-4BAC-85342A4FEA1 C9660 Foran 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 43 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 44 The work to be performed shall be timely ordered by the party responsible for payment, except for the 45 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 46 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 47 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 48 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 49 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 50 the applicable contingency period,then the respective contingency shall be deemed waived. 51 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 52 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 53 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 54 Paid by Paid by Contingency period 55 Buyer Seller (10 days if not filled in) 56 ❑ ❑ i. Survey. Completion of survey to verify information regarding days 57 the Property as listed in 1(b), with results of the survey to be 58 satisfactory to Buyer in Buyer's sole discretion. Seller shall 59 provide any prior surveys of the Property to Buyer,if available. 60 ❑ ❑ ii. Perc Test. Perc or similar test, conducted by a qualified days 61 professional, indicating that the Property is suitable for 62 installation of conventional septic system and drain field. If 63 the sale fails to close, the party who paid for the perc test 64 shall fill in hales at their expense within two weeks of the 65 date the transaction is terminated. Earnest Money shall not 66 be refunded to Buyer until perc holes are filled in if this is 67 Buyer's responsibility. 68 ❑ ❑ iii. On-Site Sewage System. The on-site sewage system days 69 ("OSS') shall be inspected and, if the inspector determines 70 necessary, pumped by a qualified professional. If Seller had 71 the OSS inspected within months (12 months if not 72 filled in) of mutual acceptance and Seller provides Buyer with 73 written evidence thereof, including an inspection report, there 74 shall be no obligation to inspect and pump the system unless 75 otherwise required by Buyer's lender. If VA financing is used, 76 Buyer's lender may require certification of the OSS. If Seller 77 has not already conducted an inspection, Buyer shall have the 78 right to observe the inspection. 79 The OSS inspection ❑ shall; ❑ shall not include a purge 80 test to determine if the OSS is functioning properly. 81 Seller shall deliver to Buyer the maintenance records, if 82 available, of the OSS serving the Property within 83 days(10 days if not filled in)of mutual acceptance. 84 ❑ ❑ iv. Water Quality. Water quality and/or purity tests showing days 85 water meets the approval standards of the Department of 86 Ecology and the standards of the governing county. Water 87 quality tests to be performed by a qualified professional. 88 Water quality and/or purity tests ❑ shall; ❑ shall not be 89 submitted to a private lab for further evaluation. 90 150i'd 08/07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authent15ign ID:7CD73A60-AC6B-4BAC-6534-2A4EEA1C9660 Form 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ ❑ v. Water Quantity. Water quantity tests (4 hour draw down days 91 test or other test selected by Buyer) showing a sustained 92 flow of g. p. m., which Buyer agrees will be 93 adequate to reasonably meet Buyer's needs. Water 94 quantity test to be performed by a qualified professional. 95 ❑ ❑ vi. Timber. Timber cruise conducted by a qualified forest days 96 products expert of Buyer's choice, with results of the cruise 97 to be satisfactory to Buyer in Buyer's sole discretion. 98 3. ADDITIONAL PROVISIONS (check as applicable) 99 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 100 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 101 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 102 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 103 the condition and capacity of irrigation pumps,system and wells, the adequacy of water rights for the Property, 104 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 105 area on the Property, the number and location of approved road approaches from public roads, and the 106 presence of recorded access easements to the Property, are suitable fol-Buyer's intended use(s), and that it is 107 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 108 any investigations, Buyer shall not interfere with any existing tenants'operations on the Property. 109 This feasibility study contingency shall conclusively be deemed waived unless within 10 (10 days if 110 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 111 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 112 ❑ Irrigation and Water Seller represents that there are shares of irrigation/frost 113 water rights applicable to the Property, all of which will be transferred to Buyer at Closing. The parties should 114 consult with an attorney to facilitate the transfer of any water rights. 115 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 116 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 117 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 118 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 119 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 120 extent delegated to and assumed by Buyer hereunder. 121 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 122 before A party shall conclusively be deemed to have waived this contingency unless 123 notice in conformance with this Agreement is provided to the other party by the foregoing date. 124 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 125 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 126 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 127 pens; ❑ gates and fences; ❑ chutes; ❑ other: 128 The value assigned to the personal property included in the sale shall be $ 129 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 130 ❑ CRP Program. Buyer must assume all Conservation Reserve Program ('CRP"), Wetland Restoration Program 131 ("WRP"), or similar program contracts and agree to continue them through the expiration date of each such contract. 132 All documentation for the assumption shall be completed prior to the Closing Date and must be approved by the USDA 133 or applicable government agency prior to Closing.Any applicable program payments shall be prorated as of Closing. 134 Seller shall deliver to Buyer all documents related to such programs within (10 days if not filled in) 135 after mutual acceptance. This Agreement is conditioned on Buyer's approval of the program documents. This 136 contingency shall be deemed waived unless Buyer gives notice of disapproval within days (5 days 137 if not filled in) after receipt of the program documents. If Buyer gives timely notice of disapproval, the 138 6r ement shall terminate and the Earnest Money shall be refunded to Buyer. 139 Z� 08,07/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:7CD73A60-AC6B-4BAG8534.2A4EEA1C9660 Form 22L&A ©Copyright 2019 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 140 documents within (20 days if not filled in)of mutual acceptance: 141 142 143 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 144 not filled in) of receipt of the above documents or the date that the above documents are due, then this 145 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 146 disapproval,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 147 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 148 of the Property recommends further evaluation of the Property, Buyer shall have an additional 149 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 150 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 151 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 152 additional inspections, the applicable contingency period shall be replaced by the additional period specified 153 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 154 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 155 the Agreement. 156 6. TAX DESIGNATION. 157 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 158 ❑farm and agricultural ❑timberland under Chapter 84.34 RCW. 159 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 160 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 161 and penalties assessed by the county assessor when the Property is removed from its classification shall 162 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares(Seller if no box is checked). 163 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 164 of classification continuance at or before the time of Closing. Seller and Buyer shall timely complete all 165 documents necessary to continue the classification. The notice of classification continuance shall be 166 attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a notice 167 of classification continuance, the county assessor must reassess the Property's taxable value and 168 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 169 08107/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign to:7CD73A60-ACGB48AC-8534-7A4EEA7C9660 Form 22T W- ledmOI ©Copyright 2015 Title Contingency Addendum 1110*61raw"` Northwest Multiple Listing Service Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 06,2019 1 between Trevor Darron Lynn Brooks ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 2680 E Mason Lake Road Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 5 6 days (5 days if not filled in)from bil the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 15ilml 08107(2019 Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date .Authentisign ID:7CD73A60-AC6B-4BAC8534-2A4EEA1 C9660 1888345 Page: 1 of 3 03/01/1999 10:318 CCD 10.00 Mason Cc, WA AFTER RECORDING MAIL TO: O Name Pioneer Wemestern Address Investnt Associates 1500 Lake Park Dr.SW Apt 85 Ttunwatm WA 98512 City/State QIN LIEU OF FORuit Claim E Deed FirstAmerican Title Insurance Company THE GRANTOR s, CHARLES P. DRUA40M and MONICA M. DRUNAAOND, — husband and wife for and in consideration of In Li of Fo closure conveys and quit claims to PI INVESTMENT (this space for title company use only) ASSOCIATES, a Was rporation the following describe state, ted in the County of MAS State of Washington, together with all after uired ti 1 of the grantor(s)therein: SEE E IBI HERETO FOR COMPLETE LDGAL DESCRIPTION. Abbrevi Descriptions: 3 Ripplewood Tracts 6, 8, 9, 21, 23, 24 and 43 of Ripplewood Tracts Replat NUMBERS 61902 50 00003, 61902 51, 00005, 61902 51 00006 51 00009, 61902 51 0043, 61902 51 00023, 61902 51 00024, 902 51 00008, 61902 51 00021 Assessor's Property Tax Parcel/Account Number(s): February 1 19 99 Dated el �J �V-"�w.w�� l� CHARLES P. D an BY t�a.�,n tr�am NICA M.. DRUPMND By fSanti:vyl LPB-12(11/96) _Authentisign ID:7CD73A60-AC6B-4BAC-8534.2A4EEA1C9660 1685345 Pap• 2 of 3 0310'11999 10:31A OCD 10 Co Mason Co, WA EXHIBIT " IN MASON COUNT INGTON 08!07/2019 PARCEL 1 : �— Lot three (3) , Ripplewood Tracts, Volur- of Plats. pages 164, 165 and 166, records of Mason County, Washington. Patel No. 61902 50 00003. PARCEL 2: Lots five (5) , six (6) an a 9) , Riop'et•:.Dd Tracts Replat, Volume 8 of Plats, pages 55, 56 and 57, rd of Mason County, Washington. Parcel No. 51902 0000 902 51 00006 and 61902 51 00009. PARCEL 3: Lot fortythr 3) , ipplewood Tracts Replat, Volume 8 of Plats, pages 55, 56 and 57, re c f Mason County, Washington. Parcel 90 1 00043. PAR Lo" twen three (23) and twentyfour (24) , Ripplewood Tracts Replat, Volurre 8 of la pa s 55, 56 and 57, records of Mason County, Washington. Par 111cs . 51902 51 00023 and 61902 51 00024. EL 5: t eig^t (8) , Ripple-oxod Tracts Replat, Volume 8 of Plats, pages 55, 56 and 57, ecords of Mason County, 'Washington. Parcel No. 61902 51 00008. PARCEL 6: Lot twentyone (21) , Ripplewood Tracts Replat, Volume 8 of Plats, pages 55, 56 and 57, records of Mason County, Washington. Parcel No. 61902 51 00021 . Authentisign ID:7C073A60-ACSB-48AC-6534-2A4EEA1C9660 1685345 Papr 3 o t 3 03/81/1999 10:31A CCD 10.00 Mason Co, WPI STATE OF WASHINGTON, l ACKNOWLEDGMENT- Individual r SS. County of k-i-rJAP On this day personally appeared before me cQA9LA'N – ,n At { PK - Ole. _to me known to be the individual(s)described in and who executed the within and foregoi stru t,and acknowledged that u _ signed the same as free and voluntary act and dec theusesand purposes therein mentioned. CP GIVEN under my hand and official seal this ay of_. �+P-t�s'u` —.19 1 9. fir: Q Q V,a:;•. Jr NotaryPublic/inn and jnr thr.St of Washington. %1 �.....•• t� r ct at WAS Z 3_c1 DMy appointment expires STATE OF WASHI TON, ACKNOWLEDGMENT-Corporate SS. County of On this 19 ,before me,the undersigned.a Notary Public in and for the State of Washing dul ommis.-oned and sworn, personally appeared and to me known to be the P ident and Secretary,respectively,of — orporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act ee said corporation,for the uses and purposes therein mentioned,and on oath stated that -- autho d to execute the said instrument and that the seal affixed(if any)is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and fur the State of Washington, residing at My appointment expires WA-46A(11/96) This jurat is page of and is attached to dated Richard Beckman Vacant Land Agent Detail Report Page 1 of 1 Listing# 1416200 661 E Lakeshore Dr E,Shelton 98584 STAT: Active LP: $7,500 County: Mason LT: 87 BILK: CMTY: Timberlakes PRJ: Timberlake#10 Type: Vacant Land CDOM: 139 AR: 176 TAX: 220175200087 OLP: $7,500 MAP: GRD: Internet: Yes DD: Hwy 3,Right on Agate,Left on FIN: Crestview,Left on Timberlake Dr,right LD: 03/15/2019 onto E Pickering Dr.Right onto Annas Way XD: 10/16/2019 E.Property on Corner ofAnnas Way and E OMD: Lakeshore Dr E LAG: Richard Beckman(55681) PH: (360)790-1921 ` FAX: (360)426-1645 PH Type: Cellular LO: Richard Beckman Realty Group(4537) PH: (360)426-5521 SOC: 4 Cmnts: CLA: PH: ZJD: County SKS: No CLO: PTO: Yes F17: Exempt ZNR: RR5 QTR/SEC: 17202 OTVP: OWN: Mason County GZC: Residential OPH: (360)427-9670 OAD: Shelton,WA POS: Closing TX$: $0 TXY: 2018 SNR: No ATF: TRM: Cash Out,Conventional TER: STY: 40-Res-Less thn 1 Ac WRJ: Timberlakes Right of First Refusal: No ACR: 0.340 LSF: 14,810 LSZ: WFG: DOC: WFT: LDE: Corner Lot,Paved Street VEW: HOA: RD: South RDI: County Maintained,County Right of Way,Paved IMP: FTR: Brush,Evergreens TPO: Level SLP: LVL: Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach WTR: In Street SFA: No ESM: GAS: Not Available STD: SUR: ELE: In Street SDA: No SST: SWR: Not Available SDI: No SDD: SDX: SD: Pioneer#402 EL: Pioneer Primary Sch JH: Pioneer Intermed/Mid SH: Shelton High 3rd Party Aprvl Req: None Bank/REO Owned Y/N: No Agent Only Remarks: Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please use Mason County Title order#20191705 Marketing Remarks: Corner lot in the Timberlake Community.Community offers owners access to two lakes,clubhouse, parks and a salt waterfront park on Pickering Passage a short drive away. Information Deemed Reliable But Cannot Be Guaranteed. Lot Sizes and Square Footage Are Estimates. 08/01/2019-12:13PM RESOLUTION NO. 3 '10 DECLARATION OF SURPLUS PROPERTY AND APPROVAL OF SALE WHEREAS, Mason County owns the real property listed and described in Exhibit A,attached hereto; and WHEREAS,certain parcels of the property are tax title property with delinquent property tax, penalties, interest and expenses owing;and WHEREAS,other parcels were acquired for various purposes;and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager and Property Management Committee has determined that the property is surplus to the needs of the County, and WHEREAS, Mason County issued public notice regarding the declaration of this property as surplus and its intent to sell it for three consecutive weeks in a newspaper of general circulation within Mason County; and WHEREAS, the Mason County Board of Commissioners, on Tuesday, May 4, 2010, held a public hearing during which members of the public were able to testify before the Mason County Board of Commissioners regarding the property,the proposed declaration of surplus and sale. NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that the real property described in Exhibit A, attached hereto, is declared surplus property and the Property Manager is authorized to offer all of said property for sale, first by a public, sealed-bid process and, as necessary, by any of the several means authorized by Mason County Code 3.40. Offering prices are to be those listed in Exhibit A, which prices were established by appraisal, tax assessment or as otherwise recommended by the Assessor's Office, The Property Manager may adjust these prices upon receiving new information from the Assessor's Office. The final selling prices are to be approved by the Board of County Commissioners;and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Road Fund for expenses of the Property Manager; and finally to the Reserve for Accrued Leave Fund. DATED this Li am_ day of 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON NTY,WASHINGTON annon Goudy, Cler the Board ss Gallagher,Chair APPROVFQAS T FORM: j Q� TJe0�ti f ` Tim Sheldon, Commissioner De S4 ti g for AssessorCc/ Ude Auditor Ly�&f Ring Erickson, Com issioner Treasurer Property Manager Exhibit A Sale Assessed Asking Approx. Parcel Tax Parcel# Address/Location Value Price Comments Area 1 12107 14 00110 250 E.Lombard Rd 56,375 40,000 Tax Title,Health Det lien 2.50 acres 2 22018 33 60020 4600 Block Agate Rd 15,000 6,800 Deeded to County,purpose 0.80 acres unknown 3 32024 53 01001 11 E,Agate Beach Dr 15,000 15,000 Tax Title 0.27 acres 4 32024 53 01003 41 E.Agate Beach Dr 15,000 15,000 Tax Title 0.27 acres 5 32024 53 01002 21 E.Agate Beach Dr 15,000 15,000 Tax Title 0.27 acres 6 32024 53 01004 51 E.Agate Beach Dr 15,000 15,000 Tax Title 0.27 acres 7 32024 53 01005 71 E.Agate Beach Dr. 15,000 15,000 Tax Title 0.27 acres 8 32016 53 00900 E Payton PI 23,000 34,000 Deeded to County,purpose 4.0 acres unknown 9 32021 53 02036 161 E. Midway Ln 33,700 3,370 Tax Title 0.17 acres 10 31909 24 00000 Lynch Rd 5,005 5,400 Deeded to County,uneconomic 0.77 acres remnant 11 32020 54 03002 Hill St 32,500 20,000 Tax Title 0.14 acres 12 32030 51 07010 Lake Blvd 100,000 100,000 Deeded to County,former shop 0.58 acres location 13 32030 51 10001 Lake Blvd 100,000 100,000 Deeded to County,former shop 0.55 acres location 14 32030 51 08026 Off Lake Blvd 10,000 10,000 Tax Title 0.14 acres 15 42024 15 01000 1835 W. Franklin St 50,000 22,000 Tax Title 0.17 acres 16 42017-13-00020 Shelton Matlock Rd 1,130 5,500 Deeded to County,uneconomic 24 acres remnant 17 32127 53 00174 E Mason Lake Rd 5,000 5,000 Deeded to County,uneconomic 0.18 acres remnant 18 32127 53 00176 E Mason Lake Rd 12,500 12,500 Deeded to County,uneconomic 0.24 acres remnant 19 22107-50-00072 E Mason Lake Rd S 485,940 530,000 Waterfront,Appraised:$530,000 1.01 acres 20 42212-51-23016 N.Old Mill Hill Rd 20,000 25,000 Tax Title 0.81 acres 21 32331-22-00320 N.Terrace Loop 15,000 15,000 Tax Title 0.15 acres 22 32216-50-01006 51 NE Forestry Dr 2,500 2,500 Tax Title 0.33 acres 23 32214-50-05901 72 N. Fern Ct 16,000 16,000 Tax Title,declared surplus 0.37 acres Resolution 58-04 24 32214-52-05035 NE Tahu a Blvd 20,000 20,000 Tax Title 0.23 acres 25 12206-52-00006 90 E.Judy Lane 2,500 2,500 Tax Title 0.80 acres 26 12220-50-46001 Wheelwright St 5,000 5,000 Tax Title 0.11 acres 27 32033 33 60010 Cole Rd 80,000 88,000 Deeded to County,purpose 2.60 acres unknown 28 42012 50 00001 11840 SR-101 291,585 250,000 Deeded to County by Timberland 0.45 acres 142012 50 00002, Regional Libra RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the real property parcel #32127-53-00174, located on E. Mason Lake Rd., Shelton, WA that was declared surplus by Resolution No. 33-10 at a public hearing on May 4, 2010; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$4,000, and a public hearing was held on August 24, 2019 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that the property described above (parcel #32127-53-00174) is approved at the price of $4,000; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 24th day of September, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Vice-Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Mason County WA GIS Web Map 11 40 1' 4 pg ' dl r ii E E L ME 2 'rcE�hU�S'�.fV L -EE. rl - 1 9/17/2019 2:45:23 PM 1:767 0 0.01 0.01 0.02 mi 19 County Boundary 0 0.01 0.02 0.04 km Site Address (Zoom in to 1:5,000) Tax Parcels (Zoom in to 1:30,000) Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Mason County WA GIS Web Map Application Richard Diaz i Earthstar Geographics i Esri,HERE,Ganmin i