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2020/06/09 - Regular Packet
June 9.1 Pursuant to Proclamation by the Governor 20-28.4, in-person attendance to Commission meetings is temporarily prohibited. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email — Mdrewry@aco.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. We intend to limit our meetings to discuss and/or take action on only necessary and routine matters or matters necessary to respond to the COVID-19 outbreak and current public health emergency. BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers—9:00 a.m. 411 North Fifth Street, Shelton WA 98584 June 9, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input In response to the COVID-19 outbreak we are suspending Citizen Input at this time. We will accept public comment via email — Mdrewryco.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. We will revisit this suspension on a weekly basis. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes— May 18 and May 26, 2020 Briefing 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 to appoint Robert Edwards to represent District No. 1 on the Mason County Solid Waste Advisory Committee for a period of three years, expiring June 2, 2023. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 06/08/20 3:52 PM. 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 June 9, 2020—PAGE 2 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # $ Direct Deposit Fund Warrant # $ Salary Clearing Fund Warrant#s $ Treasurer Electronic Remittance for May 2020 $ 200,190.93 8.3 Approval of a resolution to establish a revolving account for US Elections Security Assistance Grant monies. 8.4 Approval of a resolution setting a hearing date with the Hearings Examiner for Wednesday, July 22, 2020 at 1:00 p.m. to consider public comment on the petition for vacation of the south 10 feet of an unused road, once called Gray Road, that is located north of 111 E. Willchar Blvd. in the Plat of Will-Char Addition to Phillips Lake Tracts 5-6. 8.5 Approval to execute a Road Closure Resolution for following Mason County Public Works culvert replacement projects: a. CRP 2014, Deegan Road West at milepost 2.35 to be closed from Monday, July 6, 2020 and reopening prior to Friday, July 17, 2020. b. CRP 2015, Shelton Valley Road work at milepost 2.13 to be closed from Monday, July 20, 2020 and reopening prior to Friday, August 7, 2020. 8.6 Approval to set a hearing on Tuesday, July 14, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following: • Aquarius Utilities, LLC • Island Shores Water, LLC • Detroit Water Service Association • Oak Park Water Company, LLC • Mission Creek Tracts Water • Mason county Public Works U&W System Mgmt. • Little Mission Creek Water System 8.7 Approval of contract K4511 with Washington State Health Care Authority for the Law Enforcement Assisted Diversion (LEAD)grant. 8.8 Approval for the Release and Hold Harmless Agreement with Pherris Chapman to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of a clerical error made by the Mason county Clerks Office and to pay the sum of$2,500 and an apology letter to the mother, as agreed. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time -In response to the COVID-19 outbreak we will accept public comment via email— Mdrewry©co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427- 9670 ext. 419 11. Board's Reports and Calendar 12. Adjournment J:'AGENDAS\2020\2020-06-09 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: June 9, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in a Marijuana License Application for PT Enterprises LLC., and Change of Location for CMI LLC. 4.1.2 Washington State Liquor and Cannabis Board sent in a liquor license approval for Lake Cushman Grocery. 4.1.3 John Wiesman & Kathy Lofy from Department of Health sent in a letter in response to COVID-19. 4.1.4 Mark Woytowich sent in a letter pertaining to garbage in our forest lands. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask �]Washington State Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO:localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 5/27/20 RE: NEW APPLICATION U BI:603-570-415-001-0002 License: 428940 -76 County:23 APPLICANTS: LOCAL COLLECTIVE LLC Tradename:PT ENTERPRISES LLC DAHM,TED LEE 1967-10-02 DAHM,SUZETTE RENEE Loc Addr: 833 W GOLDEN PHEASANT RD (Spouse)1970-10-21 SHELTON,WA 98584-7707 Mail Addr: PO BOX 3356 SHELTON,WA 98584-4431 E WE Phone No.: 425-941-2516 SUZETTE DAHM ®®q Privileges Applied For: MAY 2 8 LU q�{ 20 MARIJUANA PROCESSOR Mason County Commissioners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ .2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask CClerk" AtOinelem Apo fe-e- Washington State Licensing and Regulation PO Box 43098 liquor and Cannabis Board Olympia WA 98504-3098 .. Phone—(360)664-1600 Fax—(360)753-2710 Emailed to: CHEUNG.LARRY cb..GMAIL.COM; neil(a)-gleamlaw.com May 28, 2020 CM1 LLC 1038 SW 348TH PL FEDERAL WAY, WA 98023-8410 Re: CM1 LLC 190 W PINE ACRES WAY SHELTON, WA 98584-8965 LICENSE #413665—7B U B 1604-397-564-001-0003 Prior License No.: 413650 —7B Your application for change of location has been approved with the following privilege(s): MARIJUANA PRODUCER TIER 2 MARIJUANA PROCESSOR This license is valid through March 31, 2021. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsements in 15 days, contact Business License Service/Specialty Licenses at (360) 705-6744. The conditions of your original marijuana license also apply to the license at your new location. To begin accessing Leaf Data Systems for traceability, you will need to contact Leaf Data System at 888-420-5813. For compliance questions please contact your enforcement officer at 360-664-1626. .Allen'WamboCd/els Marijuana Licensing Specialist 360-664-1649 Cc: Enforcement Office Mason County Commissioners File DECISIONS Cc:CMMRS Neatherlin, Shutty, Trask C lerk�j)Cv j ncj d71.! .�-.rxicgee Washington State Licensing and Regulation t g PO Box 43098 s Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360)753-2710 May 29, 2020 WILSON, MICHAELENE 160 E AYCLIFFE DR SHELTON, WA 98584-8587 RED Re: LAKE CUSHMAN GROCERY 2550 N LAKE CUSHMAN RD Jut, HOODSPORT, WA 98548 LICENSE #076084 - 2N Mason County UBI 604-562-895-001-0001 Comrnissioners Your liquor license has been approved for the following:.GROCERY STORE - BEER/WINE This license is valid through May 31, 2021. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. License Conditions and/or Requirements • You must maintain a minimum three thousand dollar wholesale inventory of food products for human consumption, not including pop, beer, strong beer, or wine. • You may sell wine and/or beer, at retail, in original containers. • Changes in ownership require prior Board approval. If you wish to make such changes, please contact the Liquor and Cannabis Board at: 360-664-1600 for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). XateCyn Shepardlshg Liquor Licensing Specialist 360-664-1638 cc: Southwest Enforcement Office Mason County File GS B/W Letter Decisions 9/3/14 Cc:CMMRS Neatherlin, Shutty, Trask ClerP STATg y � v3� y�2 �yd ise9�o STATE OF WASHINGTON DEPARTMENT OF HEALTH PO Box 47890. Olympia, Washington 98504-7890 Tel: 360-236-4030. 711 Washington Relay Service _ June 2, 2020 J U N 02 2020 Mason County Dear Local Board of Health Members: Commissioners We want to begin with a huge shout out to the work our local and state health department employees have been doing to respond to COVID-19, alongside our many, many partners. As we write this,the Snohomish Health District, which had the first Washington case, and the Washington State Department of Health(DOH)have been in COVID-19 response for 134 days. Prior to that, many of us were in preparation mode for weeks.A lot has happened over these days, and we can be proud of Washington achieving our initial goals of decreasing the peak and spreading out cases in a way that didn't overwhelm our health care delivery system. As we move forward to reopen our economy and keep it open, it is going to take all of our leadership to suppress this virus.To do that, your local health jurisdiction employees and we at DOH need your assistance. First, it will be important we all message that this crisis is not over.There is much recovery that must happen, and recovery depends upon all of us continuing to take personal protective measures so we don't go backward.This includes: • Promoting the continued need to keep physical distance of at least 6 feet whenever possible; • Washing our hands thoroughly and often; • Wearing an appropriate face covering when we can't keep our distance; • Regularly sanitizing high-touch surfaces; • Staying home when we feel ill and getting a COVID-19 test if we have symptoms suggestive of COVID; and • Remembering that it is safer at home, especially for those 65+years of age and those with chronic underlying health issues. Second,be a role model to your community by wearing a mask and following physical distancing practices in public settings. Third, decreasing the peak and gaining the necessary time to better prepare our systems to respond was critical.And this is where the lift for public health is very large and where your role as a Local Board of Health member is so crucial. To continue to suppress this virus,performance of the public health system is going to be absolutely essential to moving the economy forward and protecting the health of the folks we all serve. We know that like all things, it starts locally,which is why it is absolutely critical that together we ensure: Local Board of Health Members June 2, 2020 Page 2 1. Abundant COVID-19 testing in our communities and ensuring everyone who needs it has quick access.This means taking additional steps to ensure our marginalized and most vulnerable communities have ready access to testing sites that meet their needs. 2. Ample case and contact tracing staff,seven days a week,in our state and local health departments, and that they are implementing standardized protocols and measuring their performance daily. Washington, Oregon, and California health officials are setting the minimum number of staff to do this work at 15 for every 100,000 population.This work is crucial. It is imperative that these staff. • Make contact with reported cases within 24 hours of a positive lab test and ensure they can safely isolate themselves(either at home or in local community facilities) and get the support they need to be successful in isolating; • Make contact with all the close contacts of these cases within 48 hours and ensure they can safely quarantine themselves (either at home or in local community facilities) and get the support they need to be successful in that effort; and • Make daily contact,through a combination of human touch (phone calls) and electronic touch(e.g.,text/email)with the cases and contacts to make sure they are getting any support they need to stay isolated/quarantined for the appropriate amount of time, getting any referrals they may need to medical care, getting their questions/concerns answered about COVID, and that they can know when it is safe for them to return to work or other activities outside their home. 3. Our health departments are able to quickly identify outbreaks,arrange for testing, and contain the outbreak,seven days a week, in congregate living situations (nursing and assisted living facilities,jails, youth detention centers, etc.), workplaces (food processing facilities, agricultural work places, office environments, etc.), and schools when they reopen. 4. Ensure your businesses and other entities are following the safe reopening guidance put forth by the state. We all know the public health system has long been under-resourced. Together we have been working to shore it up through efforts we call foundational public health services. We must take the opportunity of the CARES act funding to ensure the critical services noted above are funded and that our local health department staff are supported in rising to the greatest challenge of our careers. Your local leadership and support of your health department is urgently needed.Through our collective action,we can do this for the long haul. Sincerely, 1 /0 4on Wiesman,DrPH, MPH athetary of Health State Health fficer/Chief cience Officer Cc:CMMRS Neatherlin, Shutty, Trask blerkl WOYTOWICH DESIGN PO Box 761 • Hoodsport,WA 98548 Randy Neatherlin 4 A Mason County Commission E � fir.. 411 North 5th Street Shelton, WA 98584 JUN 0 3 20?0 June 1 , 2020 Mason County Commissioners Dear Randy, Over the past 8 months I have been organizing a "litter posse" of concerned citizens who want to DO SOMETHING to combat the high degree of trash and litter that always finds itself on our public and private forest lands. I have about 10 volunteers so far, and will probably top out at about 15 or 16, which is plenty effective for the kind of weekend, 8-hour sweeps I intend to do. Nearly all of these people—more women than men—have sought out this mission through promotions I am doing via my columns in the Shelton-Mason County Journal. Two Hood Canal businesses have signed up as supporters: Hardware Distillery (alcohol hand sanitizer); and Hood Canal Adventures, in Brinnon, for thick trash bags. I plan on asking a third, Mike and Jerri Purvis at the Hoodsport IGA, if they will'cover a dozen cloth gloves, mainly for volunteers who forget their own. If not the IGA, I am pretty sure Tozier's will step up. One other item required for our efforts, ORANGE VESTS, are being sought from Patti Case at Green Diamond, who was sent a letter on the same day I am mailing yours, Randy. (By the way, John Bolender with the Mason Conservation District and District Ranger Yewah Lau, with Olympic National Forest, are both on 360.877.0033 PHONE/FAX • eyefive@hctc.com IV w w w . W o y t o w 1 c h D e s i g n . c o m board. I have a truck I can borrow from John, and other forms of help TBD from Yewah.) I anticipate good press surrounding this effort. Articles, radio interviews, Facebook announcements, etc. In a perfect world, I would hope that when my volunteers drop their trash and garbage off at the dump site, we will be given a waiver and not charged for our haul. For this, I am seeking you out personally, Randy, as I know you better than the other commissioners, and hope you will champion our cause. Please look over the attached Letter to the Editor, which ran May 7, 2020. You can see how I'm reaching out to Mason County residents by visiting my website www.wherewaterfallsare.com, and scrolling down. People are fed up, Randy. I mean really frustrated, and not just with litter. Let's make it easy for some of them to go to bed at night and feel that something is going right in their lives, indeed, they can believe that some people really care and want to work toward solutions. Who knows, with your guidance, maybe our Department of Public Works can be more involved than I am giving them credit for? After taking on some of the messes in our forests, we can also start sweeping our county parks . . . this could be the beginning of something big, something sustainable. L'll_star_t_the process.,-next week,of_r_eaching out_to you via th_e_phooe— unless you contact me first. Randy. Thank you for your time and interest. Sincerely, M k Woytow' h BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of May 18,2020 Monday,May 18,2020 9:00 A.M. Executive Sessions—RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask,Neatherlin and Shutty met in Executive Session with Tim Whitehead from 9:00 a.m.to 11:00 a.m.to cover four potential litigation matters. Also in attendance to one or more of the sessions:Nichole Wilston,Dawn Twiddy,Loretta Swanson,Travis Adams. 10:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask,Neatherlin and Shutty were in attendance. • Requested authorization to hire Public Works seasonal flagger positions. Loretta stated if not hired it could delay necessary maintenance work. Cmmr. Shutty suggested delaying the hiring of the Finance Manager position until we have a better idea of revenue impacts. Loretta expressed concern with delaying this position with budget season coming and rate setting that is needed. Loretta suggested delaying the hiring of the Traffic Engineer position for now instead of the Finance Manager. It was agreed to hire six seasonal flaggers and the Finance Manager;hold on the Traffic Engineer position. • Loretta then presented a reorganization in response to pulling the Current Expense vehicles from ER&R and reassigning duties. The request included eliminating three existing positions;creating two new positions and reclassifying several existing positions. The reorganization will be placed on the agenda for approval. • Brief review of several Public Works issues. 11:00 A.M. Community Services—Dave Windom Commissioners Trask,Neatherlin and Shutty were in attendance. • Kell reported that Mason County has the ability to extend building permits after 180 days of inactivity. A news release will be issued. • Planning Advisory Commission—there are three open positions and three applications. The Board agreed to interview the three applicants. • Alex requested permission to apply for an Ecology grant for solid waste education.$18K with 25%match that will be covered with tipping fees. Permission was granted to apply for the grant. • Dave shared return to work recommendations he received from Spokane Regional Health District and information from Department of Health for key metrics to guide Public Health decision- making during the COVID-19 pandemic. There was discussion of next steps and a briefing will be scheduled after Tuesday's Commission meeting. Noon A.M. Support Services—Frank Pinter,via teleconference Commissioners Trask,Neatherlin and Shutty were in attendance. • MOU with North Mason Little League for equipment storage will be placed on the agenda for approval. • Jennifer reported that lodging tax and sales tax there is a two-month lag time;REET tax is reported directly after sale;recording fee revenue is received directly after transaction. A lot of recordings are done on-line and a lot of refinancing is happening so recordings have not declined much. Sheriff s revenue decline is due to the office closure. The Clerk is researching her revenue. • Engineer's Guild has ratified their labor agreement and this will be placed on agenda for approval. • Letter to governor regarding reopening due to COVID-19—the Board agreed to wait to see what happens with the guidelines,hopefully changes are coming and a letter won't be necessary. If necessary,a letter may be placed on next Tuesday's agenda. Meeting adjourned at 12:07 p.m. Board of Mason County Commissioners'Briefing Meeting Minutes Week of May 18,2020 Tuesday,May 19,2020 10:00 A.M. Community Services—Dave Windom Commissioners Trask,Neatherlin and Shutty were in attendance. • Dave Windom provided an update on the COVID-19 County Variance Plan for moving from Phase 1 to Phase 2. He provided instructions from the WA State Department of Health regarding the variance request process. Dave will prepare a statement for the public explaining the local response plan. Dave and staff will prepare the variance request,distribute it to the Board of Health and the Commission by Thursday for action on Friday at a special meeting of the Board of Health and County Commission. The request will then be submitted to the WA State Department of Health(DOH)for approval and it will take a few days for a response from DOH. It was noted that businesses don't have to open if they are not prepared. The meeting adjourned at 10:00 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of May 26,2020 Tuesday,May 26,2020 9:00 A.M. Executive Session-RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask, Shutty and Neatherlin met in executive session from 9:00 a.m.to 9:35 a.m. for potential litigation. Tim Whitehead,Nichole Wilston and Loretta Swanson were in attendance. 10:00 A.M. Planning Advisory Commission Interviews Commissioners Trask,Shutty and Neatherlin interviewed three applicants for the Planning Advisory Commission. It was agreed to appoint Tim Opiela,Isaiah Johnston and Joseph Myers and the appointments will be on the June 1 agenda. 11:00 A.M. Community Services—Dave Windom Commissioners Trask, Shutty and Neatherlin were in attendance. • Dave provided an update on COVID-19 status. Mason County is now in Phase 2. Staff has contacted the local nursing homes and tested staff in one facility and are waiting for more testing supplies. Staff is also visiting food establishments. Commissioners Neatherlin and Shutty asked to be included in the daily COVID-19 update meetings. Discussion of being cautious when we are ready to move to Phase 3 and can the County have an influence on when and how the campgrounds open. Commissioner Discussion Cmmr. Shutty stated he has been contacted by SC Johnson Company regarding a recycling program and he has referred the information to the Utilities Department. The briefing meeting adjourned at 11:55 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/ U&W Management Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 9, 2020 Agenda Item # BRIEFING DATE: June 1, 2020 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Solid Waste Advisory Committee Application — Robert Edwards BACKGROUND: A Solid Waste Advisory Committee (SWAC) Application has been received from Robert Edwards. The advisory committee currently has six (6) members and three (3) vacancies that the County has actively, through the advisory webpage and news releases, been recruiting new members. The Solid Waste Advisory Committee is made up of citizen and industry members per Resolution 08-05 SWAC and consists of nine members with a term of three years (two from each Commissioner Districts and one local elected official, business and solid waste industry member). The committee assists in the development of programs and policies concerning solid waste handling and disposal and to review and comment upon proposed rules, policies or ordinances prior to their adoption. Current membership is presented in the table: Name. Representing Term _ Ex"`irm Jeff Bickford District 2 7/24/2020 Lynda Links District 3 3/10/2023 Sherri Dysart Tribe 3/10/2023 Chad White Mason County Garbage & Recycling — 10/4/2021 Solid Waste Industry Dan Teuteberg Agriculture 4/3/2021 Delroy Cox ]DEL Consulting, 3/26/2022 Solid Waste Industry RECOMMENDATION: Recommend the Board appoint Robert Edwards to represent District No. 1 on the Mason County Solid Waste Advisory Committee for a period of three years, expiring June 2, 2023. Attachment: Application Briefing Summary �L....rvuvlrco Ivearnernn, 5nutty, Trask _ Clerk J;; pi.-- ,e, co . MASON COUNTY COMMISSIONERS ,r ° rlA 411 NORTH FIFTH STREET M AY j� 1 1 •''iLl: SHELTON WA 98584 AI* I _- . ) . Iil Mason County Fax360-427-8437,; Voice 360-427-9670, Ext.419;275-4467 or 482-5269 -4 ,ti 1854 Commissioners I AM SEEKING APPOINTMENT TO S CP 1-- -(] {l A, ��. f -t ✓ S $D ii-P-i) • NAME: RD t3, t�.� k- S ADDRESS: PHONE: 3,16 --- ? CITY/ZIP: VOTING PRECINCT: Df6 (....rytR-5wiWORKPHONE:W I4u`) q g"2 c� (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: - COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) �+ �.:�tr. 4i 1. i`l ? GYL$�i &�2'd-COMPANY: � T I �f r7 *- it eit Z 0 fit6oi,i Gbfa, t7rf -S POSITION: / r� P�7 f�,vL l 3 s 6 r -r PoP- B F •y 1 t-.� �i I/-s cg- z-- Y 1- YRS ` : O f t 4-A-� iiT',7Jc ,'. size � A,v� G�A-S cam. ��Lff�p � �n7't�S � G f-1�Z�.S V� 6iTr7- S pi'D(/' '�'�� -fit p"1 �--�� -1.-- `p--gp - 76z-ec''-''sue , Y In your words,what do you perceive is the role or purpose of the Board, ommittee or Council for �Which you are applying: U{/0/ L✓l Ct�. a i-441 �Z�2 - ag- , c".a /� iL+„ ('tftA tiC 6,4An -i'''' „ , -/— L-1-- iihik5--r. ,,,4 4_4-#.14-4-). , 1f L 1-,�, .caret,i) /. s4 iv, 0 411.E-v\ - &IAA lt .JeLern�2. .ji 7 L . -7�.�2 � & dJ- (/� / tic t y>_, �'�4d IDS ? J' Whht int res s, skills do you wish to offer the Board, Commmi ee,.or Council? (t_.- F2 V�.ORi; '+ 4-TTc. `2c_0,4rw ,J s g-��...5--Couj -� > c-►,- 4 /L * 6171-D) , 60 Pint/a-r2L. YL- '"V t)/- L, >C(1:C Q- 41,L 4T erc-- '43-fib ici,tgL C_ `a- - SOL P &9-sr"av 1VPL1���v(af) if DaR-c0e-g= a pp ilivo 0ll�;-Z r~1.1y- Z Please list any financial, professional, or voluntary affiliations which may influence or affect your.position-on this Board sAf POi (i.e.create:a potential conflict of interest) I _C -I�� ; 1, �. / ' 6 dray le._ l D .S X. II Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? YiiI5 r' A-ivAusr! Realistically,how much time can you give to this position? i -'Quarterly Monthly Qaify Office Use Only a B. clLA AppointriientDate.._. . : Signature • _ _ Dale . -Term Expire Date. . - : :. . . MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: June 9, 2020 Agenda Item # 8 (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 # $ Direct Deposit Fund Warrant# $ Salary Clearing Fund Warrant #s $ Treasurer Electronic Remittance for May 2020 $ 200,190.93 Macecom 5/5/2020 $ 110,027.73 Mental Health 5/8/2020 $ 73,590.85 Dispute Resolution Center 5/8/2020 $ 540.00 Community Health &Social Services 5/8/2020 $ 722.30 Mental Health- Budgeted Transfer to Clerk 5/27/2020 $ 4,020.70 Mental Health-Budgeted Transfer to Prosecutor 5/14/2020 $ 11,241.05 Interest Earned 5/29/2020 $ 48.30 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 Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 10,319,222.00 Direct Deposit YTD Total $ 7,235,657.83 Salary Clearing YTD Total $ 7,605,540.48 Approval of Treasure Electronic Remittances YTD Total $ 3,927,529.02 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant # 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) N S�No Office of the Treasurer o�P y�A r 411 N. 5th, Bldg. I ROVED E> P.O. Box 429 Shelton, Washington 98584-0429 JUN 01 2020 (360)427-9670, ext. 475 Fax (360)427-7267 Belfair(360) 275-4467 - Elma (360)482-5269` Mason County 8 Elisabeth (Lisa) Frazier, Treasurer tY Payment approval of Macecom: FUND Account# Remittance Macecom 001.000000.300.300 $ 110,027.73 M-64737 is - 3 Payment approval of Mental Health: FUND Account# Remittance =RECEIPT-'#_ MENTAL HEALTH 164.000000.000.000 $ 73,690.85 M-64847 $ - M- FUND Account# Remittance jR_ECElQ7 # DISPUTE RESOLUTION CENTER 001.000000.100.000 $ 540.00 M-64843 Payment approval of Communityrlfiealtt &Social Services Fees: 1 5/8/2020 FISCAL BOND AGENT IN FUND FUND No. ACCT.#'S RemiittancetECE1PI_#:r Community Health &Social Services 637.000000.000.000 $ 722.30 M-64847 Y FUND Account# Remiittance Mental Health-Budgeted Transfer 164.000000.100.000 $ 4,020.70 M-65266 Clerk 001.000000.070.000 1 $4,07-0.70 M-65267 15 r` ;14=May=20 FUND Account# Remiittance -;RECEIPT Mental Health-Budgeted Transfer 164.000000.100.000 $ 11,241.05 M-64968 Prosecutor 001.000000,180.164 $11,241.05 M-64969 REFUND INTEREST EARNED FUND Account# Remiittance ":RECEIPT:'#_ CURRENT EXPENSE 001-000000.260.000 $ 22.27 Multiple Rec � ( ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $4.91 Multiple Rec Veterans Assistance 190.000000.000.000 $ 0.30 Multiple Rec COUNTY ROAD 105.000000.000.000 $20.341 Multiple Rec MENTAL HEALTH 164.000000.000.000 $0.481 Multiple Rec Respectfully submitted by: Julie Richert,Chief Deputy Treasurer 5/29/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lisa Frazier Action Agenda x Public Hearing Other DEPARTMENT: Treasurer EXT: 589 DATE: 6/9/2020 Agenda Item # 3 Commissioner staff to complete) BRIEFING DATE: 6/1/2020 BRIEFING PRESENTED BY: Lisa Frazier, Treasurer ( ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Establish revolving account for US Elections Security Assistance Grant monies Background: Mason County (Auditor, Paddy McGuire) has been approved for two Election Security Grants in the amounts of$169,510 and $136,674. The grant agreements require that the funds be placed in an interest bearing account. The treasure will open such account with Columbia Bank. Funds placed in the account will be used to offset expenses used to (a) prevent, prepare for, and respond to coronavirus domestically or internationally for the 2020 Federal election cycle, (b) Improve administration of elections for Federal office, including to enhance election technology and make election security improvements to systems, equipment and processing used in federal elections. Unused funds, including interest earn must be returned if not used before 12/31/2020 and 12/20/2024. Budget Impacts: Will require budget amendment..............for revenue and expenditures. Auditor McGuire will w work with the budget manager. RECOMMENDED ACTION: Approve Resolution to establish the USE Elections Security Assistance Revolving Account Attachment(s): Resolution 1 RESOLUTION NO. ESTABLISH THE US ELECTIONS SECURITY ASSISTANCE REVOLVING ACCOUNT PURSUANT TO THE COVID 19 CARES ACT Fund#001.000000.030.034 WHEREAS, Mason County has entered into an Intergovernmental Grant Agreements between the State of Washington,Office of the Secretary of State for a Federal Awards,CDFDA 90-404 HAVA Election Security Grants in the amount of$169,509.84 and$136,674.24. WHEREAS,the purpose of the grants are to a. Prevent, prepare for,and respond to coronavirus domestically or internationally,for the 2020 Federal election cycle b. Improve the administration of elections for Federal office,including to enhance election technology and make election security improvements"to the systems,equipment and processes used in federal elections WHEREAS,the grant agreements requires the county to place the funds received in an interest bearing account. All funds will remain in that account until spent by the county on allowable activities. WHEREAS,interest earned on deposited funds will be spent on allowable activities under the grant agreement. WHEREAS,unused grant funds shall be returned to the Office of the Secretary of State on December 31, 2020,and December 20, 2024 unless the grant agreement is terminated sooner. In the event of termination of the grant agreement,interest earned on deposited funds shall be remitted to Office of the Secretary of State together with all unspent federal and state match funds in the account WHEREAS,the Mason County Auditor and/or designee(s)in partnership with the Mason County Treasurer and/or designee(s)are authorized to receive, pay and transfer revenue and expenses as approved in writing between the Elections Fund#001.000000.030.034 and the US ELECTIONS SECURITY ASSISSTANCE Checking Account. WHEREAS;the Mason County Treasurer, has reviewed and approves of creating a revolving account for the US Election Security Assistance Funds. The Elections Department will be the responsible party for reconciling the monthly bank statement and providing such reconciliation to the Mason County Treasurer's Office. NOW THEREFORE BE IT RESOVLED,that the Board of County Commissioners hereby approves the recommendation of the Mason County Treasurer to create the US Elections Security Assistance Revolving Account. DATED this ,of June, 2020. BOARD OF COUNTY COMMISSIONERS, ATTEST: MASON COUNTY,WASHINGTON Melissa Drewry,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: Randy Neatherlin,Commissioner Tim Whitehead,Chief Deputy Prosecutor Kevin Shutty,Commissioner APPROVED: Lisa Frazier,Mason County Treasurer Cc: Auditor Finance Department,Risk Manager,Treasurer,Auditor MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 9, 2020 Agenda Item # 8 BRIEFING DATE: June 1, 2020 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Vacation No. 400—Set Hearing Date with Hearings Examiner BACKGROUND: Public Works has received a request to vacate the South half of a road once named Gray Road in the Plat of Will-Char Addition to Phillips Lake. It is unknown if this road has ever opened, but has not for the past several years and Mason County has not maintained any of the old unused road that history shows. This unused road is adjacent, and north of, 111 E Willchar Boulevard. Since the initial applicants (Allan & Dani Kirk) on the petition of vacation, the property has changed ownership twice. The current owners, Ronald Schaefer and April Packer, have requested in writing to continue forward with the requested vacation. The requested vacation area will allow the property owner to have a slightly larger building area and place this property back on the tax rolls. The vacation will also remove liability of a portion of the right of way for property that Mason Count_has no use for. An Engineer's Report has been prepared for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements in favor of Mason County for PUD #3, any water service serving this area and any other utilities present in the proposed vacated right of way. BUDGET IMPACTS: Petitioners have paid the required administrative fee of$500 for the Petition for Vacation of County Road. RECOMMENDED ACTION: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday, July 22, 2020 at 1:00pm to consider public comment on the petition for vacation of the South 10 feet of an unused road, once called Gray Road that is located north of 111 E. Willchar Blvd. in the Plat of Will-Char Addition to Phillips Lake Tracts 5— 6 located in Mason County Washington. ATTACHMENTS: 1. Engineer's Report 2. Hearing Notice ` 0 MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE ON0� SHELTON, WASHINGTON 98584 MEMORANDUM DATE: June 3, 2020 TO: Mason County Hearings Examiner FROM: Phil Franklin, Right of Way Agent, for Mike Collins, County Engineer Cc: Loretta Swanson, Director of Mason County Public Works SUBJECT: ENGINEER'S REPORT—ROAD VACATION FILE NO. 400 Vacation of the Southerly 10 feet of Gray Road adjacent to and northerly of Tracts 5 and 6 on the plat of Will-Char Addition to Phillips Lake Background: Allan & Dani Kirk petitioned for the vacation of the southerly 10 feet of an unnamed, unopened right-of- way, shown as Gray Road on the plat of Will-Char,.Addition to Phillips Lake recorded in 1954. At the time of petition,the•Kirks owned tax parcel #22005-55-00005, also identified as Tracts 5 and 6 on the plat of Will-Char Addition to Phillips Lake, said tracts also recorded as DCP No. 18-26 under auditors file No. 2105083. The stated purpose for the vacation was to increase the overall property size, and allow for improvements to be made that could discourage the dumping of garbage and drug paraphernalia. During the processing of this vacation,the property was sold to a company named Modern Living Limited/Future Homes on November 20, 2019. A representative for the company, Dwane Henning, was contacted and the new owner provided a letter to continue with the road vacation request of the previous owner (see attached Exhibit A 5). On March 9, 2020,the property was sold again to Ronald Schaefer and April Packer (husband and wife). The new owners were contacted and they expressed interest in continuing on with the requested road vacation (See the attached exhibits A6 and A7). Per Mason County Code, this road is classified as a Class A road and the right-of-way is an easement. No compensation is required for Class A Roads with the exception of the administrative costs of the vacation action. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of-way requested to be vacated and solicited comments on the proposed vacation. No concerns or objections were noted other than the need to reserve easement for utilities per RCW 36.87.140. Our findings are the following: • Gray Road is classified as "Class A" per MCC 12.20.040 and no compensation for fee simple interest or appraisal is due prior to vacation. As previously described, Gray Road is presently unnamed and Page 1 of 2 unopened. • The proposed vacation area is not deemed necessary to preserve for the County road system for the future. Vacating this area will not adversely affect legal access to other tracts within the plat. Access to most properties is by Willchar Boulevard which is noted as Division Lane in the original Plat. • The public will benefit by this action, as it will place the vacated area back on the tax rolls and relieve the county of liability. • The Kirk's paid in full the required administrative fee of$500.00. Public Notice: Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation: Public Works recommends the vacation of the unnamed, unopened road that was once dedicated in the Plat of Will-Char Addition to Phillips Lake, as Gray Road. The petitioned area is adjacent and north of Tract 5 Pending DPC#18-26 and is approximately 10 feet by 100 feet, as petitioned, subject to existing easements for ingress and egress for any other purpose, if any, and, in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. Hearing Examiner Options: 1. Find that this vacation meets the standards established by state law and recommend the vacation be granted as petitioned and/or as recommended by the County Engineer. 2. Find that this vacation fails to meet the standards established by state law and recommend the vacation be denied. 3. Find that only part of the vacation as petitioned or recommended by the County Engineer complies with the law, develop recommendations to grant the compliant portion and deny the other. Attachments: Exhibit Al thru A7- Petition Exhibit B1 thru B6—Maps and Aerials showing area to be vacated Exhibit C—Legal Description of area to be vacated Exhibit D1 thru D2-Approval Emails from Other County Departments Page 2 of 2 v } I, ,yy-1, � ,1';•:� ,ram `';i a,..� I _�? I ;' ..� a�, ` _ 2 `-g� .` � �' 4,. "tip._ `�I ��ra,..r^,��,.- .fir, r I�'`I J i�•r^� __ '� "l' I �,- �7� /' r, •' PT�� -... i ' i� � � f i � .".`f � U.�p�7->� ,�. 9 i�''F'� �.I I � ^_ a[ >F" L. n�,��- r.•f! IL +11 ���1 I �.�'" •�l � l�e.��, ��'� � "'.i' Irma"r rax.) lT ..i.I 4rr�I "� v , • I tea. j LA 74A 24, 3 ,l.Ir z ] �� ^Y" -� �.ti s- "lf ' 1 a . - - .. x "'.r` . .. - .�u.•eT.�.^rAK' Ir L = o - t EXHIBIT#61: Requested Area to be Vacated Taken From Phillips Lake Road on the North Side of Property ' I JA +" , Ai I la 1 , , 7 q r �1 I i yy i t r e �y t *e f •`j � Y EXHIBIT#132: Requested area of vacation in back of picture, Taken from the South side of property. "f J" '`w �j;�j Y/�'�`�ji, • • r to rt-.GS i -r -r � , `' •'Ir �•• . •,l tip!". Ar*,vf-- I. r"*"f, �'�,••i• �r�� .,; � ,w S� •��+� •cam.'' �r,'.-; r �j ati•��}/ r -star ',: �' � ram,; ' ^ .xrrs••i . J�...> �. ,,rs. -.w: - Aximate4Area`Rea ested�to"va'cate �.{�,� �, � •r > �, 'i �{:" � .r�.., . . •' to Ap_ proximw�ate A_ rea Pegguested to acate s- • r �{cVJ"*rk- 'fl✓'., �.T ,�• nt.€P ,qlr• t , ��;1�,i G -• ,Goo � 1�E- r`�h. ��, � �,.�-�,� f;,.r ��� r. -:. �: �•�� .'�``,. ; �•� '`:, �. -� r� «�1 � '1;.�1�r��yf`lu �:� I *� �,1,�., ►' ,^. V �•1a7�f ��.d(�`,,,., '••J�I�f���4� �r�' rye,L. _. S~' !,"'Y- �r. '��'• • S 4 , �•'� r• .. .�' 4 �I�K , 4 )N+• 7 f .t .J +100 r r • i • i 221325100002 221325100001 221325100003 221339999999 221325100902; 221333300030 i 221325100901 v4(/ I / v 1 - I 221329999999, 221325100902 221325100901 220059.9,9,9,9,99anumam - - 220055500008 220047500180 220055500009 220055500007 220055500006 220055500004 220055500001 220055500010 220055500003 27960 - E WILLCHAR BLVD -- E WILLCHAR BLVD 220059999999 -�— -' 220055500021 220055500023 220055500019 220055500022 220055500024 220055500026 220055500028 220055500025 220055500027 220047500010 220051190060 Exhibit#B4 '-------------------'----- ---- --�-- -- '- -' - � vot.4 - re. xa FOUND 14 CHAR ADDITION 4,7L' TO PHILLIPS LAKE MASON COUNTY WASHINGTON Lu NOTE 760.35, PLAT OF SURVENOWS CERTIFICATE TMAY THE MONUMENTS HAVE BEEN SET AND LOT AND BLOCK CORNERS STAKED ON-THE 69-40 RPROF.LAND SURVEY— DESCRIPTION DEDICATION 7:AV.TH SOFT—LINE,TIMeNct SOUTH IS-.5 AT T..-WEST DECL^Ri T-13 PLAT AMD DOD19 To T-E OF EAST LAKE ROAP,T"12NCE HWLY.3Zi.2,Fr. ALE TNI3 FLAT IN THE RSA36LE OR——GRADING OF ALL AND SA57 LANE ROAD,THENCE,EAST 9 56.6,FT.To fip�5tcTio%LINE, NORTH 3,1647 LINE OWSAID DRIVE.TMENCE NORTH 35.35 FT.,Tmem�t4.osos4'z6,L.035.49FT.To P.O.B. STATE OF WASHINGTON) S E.SMITH,7QEASUISR OF%1^5OH CcU,ly,WASH.—..HIFTEY CERTIFY T.Ar Ai, TH,s is T.re-,F, 'DAY Of-'—19SS.BEFORE tft-T".13MIA—G-0- T.AdS ONTC ABOVE FROCMFT�ARE FULLY PAID UPTO AND IMCLUDINOTHE YEAR HIP"/".67 A NOTARY pUB11C,IN A�!V FOR-THE STATE OPWAsN�T*N.DULY AMOS—.. WITNESS My HAND AN.01VIC.Al.51^1'T.E BAY AWDYEAR FIRST ADD—WRITTEN AT COUNTY A—— 7 � � � � � ^ \ � / L � ' ' Mason County WA GIS Page 1 of 1 MrSrJfl County WA GIS IVla l dres A 22133 9999 90: i t�ILL�F/S2rYE�KDr c 1 I ��10000 221325100902 2, 2 7 i 221329999999 221325100902 pit- 510 901 2200599`J�9�� of Re UpOpri Vaca ' 91 EWILLCHARBUT 22005 500007... r, '19'I E',1iIL 220055500010220055500 1�92200555 0008 III ELdILLCHARBL�D0555000 220055500 03 2200555000(05 Requesting Property Owner's Property E :^dILLCHAR BLVD 220059999999 E 4VILLCHAR 2:SOfE-W;,j'%(LrcHFAFRBU"V-00555000 122T5500222200555)0023220055500024 200555000 22005550 '100EWILLCHAR LVDT0055500025 o 60ft 122.952 47.259 Degrees Exhibit#B6 https://gis.co.mason.wa.us/mason/ 10/16/2019 Exhibit C Legal Description of Area to be Vacated All that portion of Gray Road as shown in the plat of Will-Char Addition to Phillips Lake, as recorded on April 19,1954 in Volume 4 of Plats, at Page 118, in the Mason County Auditor's Office, Mason County, Washington, being a portion Section 5,Township 20 North, Range 2 West, W.M. more particularly described as follows: The Southerly 10 feet of Gray Road, now unnamed and unopened, laying adjacent to and Northerly of Tracts 5 and 6 as shown on the official map of said plat of Will-Char Addition to Phillips Lake said tracts also recorded as DCP No. 18-26 under auditors file No. 215083 Rg-,..I add-V,Acwi,oii#406�1.kfrk-,".'P'hIfII**F'tAiikIifi 'Nge.1'..of2 Vacation 4400 Kirk Tbary. 'Conley In '0, 10: AM T 0'8renen Rrofiff<b pr6fiff9mmasomwams,> Mmael'Wai:&-ms <Niirs@co iiia.sonw us> PhilTrankfirf <Paf dcamy�o wa js>�'Kelf' Grafe:Miflek <Gb O 1 kiye no'Issues:With:,this,road vacatibn,. . r Te`rt:y� from:-Bren6n P'rofitt Sent;Wedn'e'sday;,,Octobe'rj6,2Q19 3.'03,!,S&Pm, hA4,,Mq' q5ems; Phil]Ftqhklirf;Terry .Conley;:Kbll,RoWeh;Graft.eMill�!r q7: i� Subject':,Re::I,koad-Vacation 4400, M& Phil, a section last yO'a?�and I see� T i, the Vac a io.hKjrk8hdzI falso don't �i issues d C i 1 walked this sbcti*' discussed thearea:being vacated, "A otb]s d*natural.draina�qe,A at runsth_roW h the'area a h cveftd wilchdr.'Blvd Kirk,has.ti" drainage-th h his''pro"p,o't.ty-,2itid..d6i�s"tn",Aihtaih�it. glbt,lirveclthei .. through ,Thanks, Bren'en frorn:'Michael Mac5erns Sent:Wednesday;October,16--20119.10:25ATAM, Td:Phil FrahAlin;-Ter'ry'C0nl' Miller .B R6 rpneh:13rcifU ..wenj G . race WI SUbje_.: Re:''Rpad, .Vacation#400..Kirk I don"t, �a_ny issues with t t Is (66ks i*'k&;th'e 6u th.11156fthe: :eastern 198` ofthis-,r/whbs afbebcly,_,beeh vacatied.1'Whi.fbtWaedto'KeIl comment-*. 0 r, a fybud -nothda b"ckfr"omth'e'mbV-.th6,end 6f�th6 week, pleaseassume'no~conIce.rinls:i Thahks;_, M! Exhibit#D1 10/180/092,019.` Re: Road Vacaf on#40 Kirk Phil Franklin. Page:.2;of`2. r= rfl E - °.(�i'a"0� :m+Z44S f 4 T4rE �m^+R�✓M.:KT�^T . ass Z s '3.i •"a^x ' ,(,�, : 3,c; Ls.S.trxSFD EG4 :� i v L t .y 7 za it tmrtens t'c m nic L `+ d i v a '• a 5 ""�' s r 'L L cl too f<fGH � Y (.:� d Gscrids• � cr- �s, ssckgrc Narclixyerz: mm l s N (.�G 1crsEfsd rtriwcs fnrentcry Gr R+149�c erioefnm menat Getignet s°f8 � 1 Z tip qd W.*i356 ro 01?. € t vt iewnshigsan�Secnens EM+.sCLi'S tA.Tc rJ�.^-'4'°'����. ..�^_5.s� � s: b1A FP.1 f :rc{s Xa -ed' - t w � [?�M17 tl:+IP IP'rc} •LR.• T "="'x'"z� _ ''"•�� _ R ._ .. ...m. _ _..... .. _.. ..,......._.._.,..__._�W..._........v...�,........__,_. _: .. p,.ausetisga a uarrr isurid mart . From;,Phil.Fran'kli:n Sent: Wednesday;Octoberd6,2019 9 09 17 AM. To:"Terry Conley; Brenen:P.rofitt,• Michael MacSems S.ulject:;Road Vacation#4.00;Kirk Terry,Br."en'en and Michael; Alan,,Kirk has�r.e.quested',a.:road.vacation of apart of the old.Phrlli;ps lake Road.that:is no,_longer. used or maintained by.,the..county,He has reported this area;as a problem area'where:"people have pulled.bV&. and dumped gartiageand usedsyringes and'he also:developmg.hs adjacent lotto the old Right:of Vi/ay.. He is askimt-hat tfie county vacate the south half of the o.ld right of.Way that abuts h"►s property.'This would be approzimately:l2 5 feet.as the old right of w,ay is 25 feet.in this,area;. Michael,I,know you are not the,only`onethat gives me input on the vacation requests,so could;you E ;please pass this along to-anyofthe:staffthat.rhay be involved]this vacation.. Please•send;me an email answer so 1 h'ave i-in my I e when I present the vacation to the BO.CC and:the Hearings-.EXaminer. Thank you very'much.: l.app?bci'ate;everybne'.s help and input; Phil Phil:Franklin Right of Way Agent Mason County Public Works 360:-427 :9670; Ext. 456: , Exhibit#D2 ,hiti)s://o,A,,a.co-.mason.wa.us/owa/- 10I18%20.19, RESOLUTION NO. VACATION FILE NO. 400 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF THE SOUTH 10 FEET OF A ROAD ONCE NAMED GRAY ROAD, THAT LAYS NORTH OF TRACTS 5 &6 IN THE PLAT OF WILL-CHAR ADDITION TO PHILLIPS LAKE WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: The Southerly 10 feet of Gray Road, now unnamed and unopened, laying adjacent to and Northerly of Tracts 5 and 6 as shown on the official map of said plat of Will-Char Addition to Phillips Lake said tracts also recorded as DCP No. 18-26 under auditors file No. 215083. WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, July 22, 20201:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of the above said portion of road located in Mason County Washington. DATED this day of 12020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice Commissioner Tim Whitehead, Ch. DPA Assessor Auditor Kevin Shutty, Commissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 400 JOURNAL— Publish 2t: — (Bill Public Works) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 9, 2020 Agenda Item # ,5 BRIEFING DATE: June 1, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Road Closures Resolutions for Culvert Replacement Projects on Deegan Road West and Shelton Valley Road BACKGROUND: Commissioner approved County Road Project(CRP) No. 2014, Deegan Road West on April 23, 2018, Resolution No. 23-18 and CRP No. 2015, Shelton Valley Road on June 12, 2018, Resolution No. 24.18. Both of these projects involve the removal of an existing undersized culvert that is currently restricting the flow of Goldsbourough Creek; both culverts will be replaced with a fish barrier culvert that will increase creek habitat. These projects will require the County to close each of the roadways during the culvert removal and installation. Commuters should become familiar with alternate routes and allow for extra travel time during the closure. The closure information for: • CRP 2014 Deegan Road W., approximately milepost 2.35 Closed Monday, July 6, 2020 to Friday, July 17, 2020. • CRP 2015—Shelton Valley Road, approximately milepost 2.13 Closed Monday, July 20, 2020 to Friday, August 7, 2020 BUDGET IMPACT: Both are budgeted county road projects. Public Works has received Fish Barrier Removal Board (FBRB) funding, approved by WDFW for Deegan Road and Recreation and Conservation Office (RCO) funding for Shelton Valley Road. RECOMMENDED ACTION: Recommend the Board execute a Road Closure Resolution for following Mason County Public Works culvert replacement projects: 1. CRP 2014, Deegan Road West at milepost 2.35 to be closed from Monday, July 6, 2020 and reopening prior to Friday,July 17, 2020. 2. CRP 2015, Shelton Valley Road work at milepost 2.13 to be closed from Monday, July 20, 2020 and reopening prior Friday, August 7, 2020. ATTACHMENTS: Resolutions Flyer Notices RESOLUTION NUMBER COUNTY ROAD CLOSURE SHELTON VALLEY ROAD NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Shelton Valley Road, County Road No. 05930, shall be closed to all through traffic at approximate Milepost 2.13 starting on Monday, July 20, 2020 reopening prior to Friday, August 7, 2020. Commuters should become familiar with alternate routes and allow for extra travel time during the closure. A detour route will be posted during the closure. NOW THEREFORE, BE IT RESOLVED, the Board of County Commissioners has declared the above described road closure a public necessity to facilitate the Shelton Valley Road culvert replacement project, CRP 2015. THEREFORE, the County Engineer is hereby ordered and authorized to proceed as prescribed by law. ADOPTED this_day of , 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask, Chair ATTEST: Randy Neatherlin,Vice Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney cc: Commissioners Engineer JOURNAL: Publ. lt.: 6/18/20 (Bill Road Dept.) POST: At Least three (3) days prior to closure. Mason County PublicWorks Deegan Road West Culvert Replacement Project Deegan Road West Road Closure � Starts July 6th, 2020 Mason County Public Works will begin the replacement of a culvert on Deegan Road West at MP 2.35 on Monday, July 6th, 2020. All traffic will be restricted from entering the work zone. This closure will help expedite the replacement, minimizing the inconvenience to the traveling public. Please become familiar with the alternate routes and allow for extra travel time to use them. We estimate that the road will reopen to traffic around July 17th, 2020. If you have questions, please feel free to contact the Public Works Department. Follow @masoncountywa on Facebook for project updates and County notices. .N`?�TONMATLOCK�� ]'I[IUIIu A v Detour/Evacuation Route Shelton Valley Road Q Shelton Val C ti DONN.LEYOR IOI I O / Road Closure on °aR F WCOBLE i W CLARK RD Deegan Road West i � 9�Epl h'sib\ at MP 2.35. WY�RVfpYIAV i No access through WBULLOOZERFUr WSiARUpS* the work zone. Project site /work zone All traffic must use alternate routes. ��E�° 0. w BEAR,, st 9b W CLOQUALLUM RD W DOG GONED� r Mason •unty Public Works 11 W Public • - Shelton, •i i4 Phone: 360-427-9670 ext. 450 Web site- www.co.mason.wa.us/publi'c-works Facebook: @masoncountywa Mason County Public Works Shelton Valley Culvert Replacement Project �+ Shelton Valley Road Closure Starts July 20th 2020 Mason County Public Works will begin the replacement of a culvert on the Shelton Valley Road at MP 2.13 on Monday, July 20th, 2020. All traffic will be restricted from entering the work zone. This closure will help expedite the replacement, minimizing the inconvenience to the traveling public. Please become familiar with the alternate routes and allow for extra travel time to use them. We estimate that the road will reopen to traffic around August 7th, 2020. If you have questions, please feel free to contact the Public Works Department. Follow @masoncountywa on Facebook for project updates and County notices. pr dr CIL xZ Project site / work zone ? Detour/Exacuation.Route; Deegah Road West RroadlCIPosure one ' .� 8 Shelton /alley Road `� ►,� s, ` Ilo61 '0'�-N-11-,t "::i it ray '•1 15,6,--- h11o11gh r the work zone. ' AIlh�traffi,c must use , ` �a�lte�rnat.e routes. ��` � Q •7_J Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 Phone: 360-427-9670 ext. 450 Website: www.co.mason.wa.us/public-works Facebook: @masoncountywa MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: June 9, 2020 Agenda Item # BRIEFING DATE: June 1, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Applications Water Systems—Set Hearing BACKGROUND: This"bundled"water system franchise agreement renewals were postponed due to the Covid-19 pandemic back in March. At this time, Public Works is requesting to move forward to set a hearing for July 14, 2020 to consider approving the following water system agreements that include updated franchise language with a provision for automatic renewal for up to three 10-year terms: Aquarius Utilities, LLC Island Shores Water, LLC Detroit Water Service Association Oak Park Water Company, LLC Mission Creek Tracts Water System Mason County Public Works U&W Mgmt. Little Mission Creek Water System BUDGET IMPACT: Applications are not considered "new"and applicants have paid $300 for franchise re- application. RECOMMENDED ACTION: Recommend the Board set a hearing for Tuesday, July 14, 2020 at 9:15am to consider approving the franchise agreement applications between Mason County and Aquarius Utilities, LLC, Island Shores Water, LLC, Detroit Water Service Association, Oak Park Water Company, LLC, Mission Creek Tracts Water System, Mason County Public Works Utilities & Waste Management Division and Little Mission Creek Water System, granting permission to run the utility lines under and across county road rights of way. Attachments: 1. Example of Franchise agreement application 2. Description of franchise areas 3. Notice IN THE MATTER OF THE APPLICATION OF FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) doing business in Washington as with its principal offices located at by and through(person authorized to actfor and on behalfofapplicant) , for a franchise to construct, operate and maintain (description of type) utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of , 20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. I. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised,updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located 1 within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing, maintaining, repairing, replacing, adjusting, relocating and operating the utility facilities, which grant shall be limited to the following described purpose(s): Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; 2 E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee,upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- 3 way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility 4 facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed; (3) its estimated completion date; and (4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor, agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. 5 M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including 6 resurfacing or widening); change of road right-of-way grade;construction, installation, or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect, remove, or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. 7 E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for 8 utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses and damages resulting from personal injury, bodily injury and death, property damage, products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal InjuU&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors, or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's 9 Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then, in that event,the Franchisee shall furnish, at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound .risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the 10 County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example, but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give 11 Franchisee thirty(3 0)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer(elected or), appointed) employees and agents(collectively, "indemnitees") for,from and against any and all claims, liabilities,fines,penalties, cost, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from, or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 12 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee willfully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subj ect to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations,repairs, maintenance, etc., the same as the county may deem fit. 13 XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named parry shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights 14 or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way, and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual-or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which 15 broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety (90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section, the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however; that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of 16 Mason's right to enforce all other provisions of this franchise. D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below, except as such Party and address may be changed by providing notice to the other Parry no less than thirty (30) days' advance written notice of such change in address. Franchisee: Attn: Grantor: County of Mason Public Works 100 Public Works Drive Shelton, WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, 17 maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made, review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Parry hereto shall be liable to the other Parry for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter, singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday, Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. 18 O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise, Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the 19 acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton, Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 20 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, , am the of and am the authorized representative to accept the above-referenced franchise on behalf of I certify that this franchise and all terms and conditions thereof are accepted by , without qualification or reservation. DATED this day of , 20_ FRANCHISEE By: Its: Tax Id. No. STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires A EXHIBIT B Description of Franchise Area B i RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Legal Description of Benefited Property Legal Description: Assessor's Tax Parcel ID#: AqtA nusMt!,j.fities, C- . _...- ,l.,:L .L,. I, ,- -2 Jr., Secti on 36, pw-pp.-I R Rong'p ' 4 -Lyn-bh. Cove: . pp 2"z Ync, PPS 4-14,54: tk, h tove Cpve 4 . B 42�'--A Beards ;Cove k, S wins, M d `:77. x " 27LAt�� p" Pk ' - ' ,"s Rema + d '0-&� Easy hat of 'S' lying. st of s bwas Jp- .W'.�i W, m N,- Ic Bk p, aso , o,un .y p lor.1 ec Remainder 7 except Beards Cave:; t.. 'Bk 'PR45 484s ! Al Isl nd Shores -Wot .LLG v {: ..... IIDIT C3: ` lsl�nd :Shares, N'. Wl V .r xy{ irvtt r ``"F ss V i IN, f x r 1 .� gi POx �s" 3 w F1 F t- PugeUbSour g. 4 4p�yr6l -_ i - z r 6 X � s t Z. Q, i= E. t ,B':. S S P' a r ': ®etedit Assn►i -4 ion { e .... .. .... EXHIBIT B E Dscrtpt�c�r of ;ranchlse Area x Q r i C r� n5 Rj/ISI q i s y t y� ' . s 3 � ❑��! F t�.� h I r j;a ,a, y x� 1o, €. r E"f f a s yak;Park. aterr� �y LLB: o z t EXH(',B1T` ° 5. Y' .......... 2: Descr��tlon_ of F`ra�r.chise Area - 5 E C3ak;P�rk= I .. d: � .r� u i Ci �4 r V Y f C (i1 li a ._ 3 3 Y. EXHTBIT``B Des'cnption.of'Fraoohiso,,Area i�iiss:ion Creek " lu € U W Z - F I i F E {E` B tE Mason County Public Works U&W Management EXHIBIT B Description of Franchise Area All County Roads, right of way and real property in Mason County. .EXHIBIT.B. Description of..'Franchi Azea D Little Mission Creek: N s r v� Z .. O ��SNORER i B' f NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, July 14,2020 at 9:15am. SAID HEARING will be to consider multiple water Franchise Permit applications between Mason County and Aquarius Utilities, LLC, Island Shores Water, LLC, Detroit Water Service Association, Oak Park Water Company, LLC, Mission Creek Tracts Water System,Mason County Public Works Utilities &Waste Management Division and Little Mission Creek Water System. If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elms) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Terry Conley, 360-427-9670,Ext. 450. DATED this day of June,2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal - Publ 2t: 6/17/20 & 6/24/20 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 6/29/20 (Bill Public Works — 100 W Public Works Drive, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 6/9/20 Agenda Item #53.7 (Commissioner staff to complete) BRIEFING DATE: Numerous meetings in May BRIEFING PRESENTED BY: Lydia Buchheit, Abe Gardner (] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Heath Care Authority (HCA) Contract for Law Enforcement Assisted Diversion (LEAD) Background: Mason County Public Health, MC Sheriff's Office, MC Prosecutor's Office, MC Public Defender's Office, Shelton City Police Department and Olympic Health and Recovery Services collaborated together to apply for the HCA's LEAD grant and was awarded back in $800,000 back in March 2020. Due to Covid-19 the HCA has been unable to release the contract for the award until last week. HCA has requested execution of contract asap as some of the funding runs out on June 30, 2020. RECOMMENDED ACTION: Approval of HCA LEAD contract K4511 Attachment(s): HCA Professional Services Contract K4511 I:\Community Services-Public Health\Commission Agenda Item Summary Template.doc DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Washington State PROFESSIONAL SERVICES i -- Health Care uthorityl CONTRACT for HCA Contract Number: K4511 LEAD Pilot Site Development THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Mason County Community Services, (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County Community Services CONTRACTOR ADDRESS I Street City State Zip Code 415 North 6th Street Shelton WA 98584 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Lydia Buchheit (360)427-9670 x404 lydiab@co.mason.wa.us Is Contractor a SubreciDient under this Contract? CFDA NUMBER(S): FFATA Form Required EYES ONO ®YES DNO HCA PROGRAM HCA DIVISION/SECTION DBHR DBHR/OFP/BHSup HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Health Care Authority 626 8th Avenue SE Michele Gayle, PO Box 42730 Olympia, WA 98504-2730 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS ( (360) 725-5935 michele.gayle@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT Date of Execution June 30, 2021 $882,484 PURPOSE OF CONTRACT: Provide intensive case management services to recently arrested and/or high risk for arrest individuals through the expansion of the WA State LEAD Program throughout Mason County. 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 DocuSignedby: Rachela Amerine � � -rk.�.ew, 6/8/2020 contracts Administrator "-71 E17FEBBC774E7... Rev 5/6/2019 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B TABLE OF CONTENTS Recitals 4 1. STATEMENT OF WORK (SOW) 4 2. DEFINITIONS 4 3. SPECIAL TERMS AND CONDITIONS 7 3.1 PERFORMANCE EXPECTATIONS 7 3.2 TERM 8 3.3 COMPENSATION 8 3.4 INVOICE AND PAYMENT 9 3.5 CONTRACTOR and HCA CONTRACT MANAGERS 10 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 12 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 CONTRACTOR'S PROPRIETARY INFORMATION. 14 ] 4.9 COVENANT AGAINST CONTINGENT FEES 14 4.10 DEBARMENT 14 4.11 DISPUTES 15 4.12 ENTIRE AGREEMENT 15 4.13 FEDERAL FUNDING ACCOUNTABILITY &TRANSPARENCY ACT (FFATA) 15 4.14 FORCE MAJEURE 16 4.15 FUNDING WITHDRAWN, REDUCED OR LIMITED 16 4.16 GOVERNING LAW 17 4.17 HCA NETWORK SECURITY 17 4.18 INDEMNIFICATION 17 4.19 INDEPENDENT CAPACITY OF THE CONTRACTOR 17 Washington State 2 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.20 INDUSTRIAL INSURANCE COVERAGE 17 r' 4.21 LEGAL AND REGULATORY COMPLIANCE 18 4.22 LIMITATION OF AUTHORITY 18 4.23 NO THIRD-PARTY BENEFICIARIES 18 4.24 NONDISCRIMINATION 18 4.25 OVERPAYMENTS TO CONTRACTOR 18 4.26 PAY Equity 19 4.27 PUBLICITY 19 4.28 RECORDS AND DOCUMENTS REVIEW 19 4.29 REMEDIES NON-EXCLUSIVE 20 4.30 RIGHT OF INSPECTION 20 4.31 RIGHTS IN DATA/OWNERSHIP 20 4.32 RIGHTS OF STATE AND FEDERAL GOVERNMENTS 21 4.33 SEVERABILITY 21 4.34 SITE SECURITY 21 4.35 SUBCONTRACTING 22 4.36 SURVIVAL 22 4.37 TAXES 22 4.38 TERMINATION 23 4.39 TERMINATION PROCEDURES 24 4.40 WAIVER 25 4.41 WARRANTIES 25 Attachments Attachment 1: Federal Compliance, Certifications and Assurances Attachment 2: Federal Funding Accountability and Transparency Act Data Collection Form Attachment 3: Federal Award Identification for Subrecipients Schedules Schedule A: Statement of Work (SOW) Exhibits Exhibit A: LEAD Monthly Progress Report Washington State 3 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Contract #K4511 for LEAD Pilot Program Recitals 71.24.589 RCW directs the Health Care Authority to implement a pilot project for Law Enforcement Assisted Diversion which shall adhere to Law Enforcement Assisted Diversion core principles recognized by the Law Enforcement Assisted Diversion national support bureau. Under the pilot project, HCA must partner with the Law Enforcement Assisted Diversion national support bureau to award a Contract for two or more geographic areas in the state of Washington for Law Enforcement Assisted Diversion. Cities, counties, and tribes may compete for participation in a pilot project. HCA has determined that entering into a Contract with Mason County Community Services will meet HCA's needs and will be in the State's best interest. NOW THEREFORE, HCA awards to Mason County Community Services this Contract, the terms and conditions of which will govern Contractor's providing to HCA the services and Data from Contractor's LEAD Pilot program. 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 DSA 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. Washington State 4 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B "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/cqi-bin/ECFR?paqe=browse. "Community Agency" means an organization that works with and supports people working through behavioral health challenges but does not directly provide treatment. The organization can be a nonprofit or government/public agency as defined in the application "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. "Contractor" means Mason County Community Services, 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. "Date of Execution" or"Effective Date" means the first date this Contract is in full force and effect, or the date of the last signature of a party to this Contract. "Government/Public Agency" means an educational service district, school district, law enforcement agency, therapeutic court or probation office, public health district, a recognized American Indian organization, an Urban Indian Health Organization, or a Tribe. "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. "Law Enforcement Assisted Diversion" or "LEAD" means a registered trademark referring to the LEAD Program developed by the Seattle-King County LEAD Policy Coordinating Group. LEAD is Washington State 5 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B managed by the Public Defender Association, and recognized as an evidence-based practice in the Washington Medicaid Waiver Toolkit and falls under the Office of Justice Programs standards for evidence-based practices. "LEAD Monthly Progress Report Form" means the form detailing the progress of the Law Enforcement Assisted Diversion Program, and is Exhibit A here to. "LEAD Program" means a pre-booking,jail diversion program in the criminal justice system. The LEAD Diversion Program leverages assistance from local law enforcement organizations to identify and refer individuals committing non-violent crimes into an intensive case. "LEAD National Support Bureau" or "NSB" means project of the Public Defender Association. The LEAD National Support Bureau will be providing strategic guidance and Technical Assistance to the Pilot Sites developing LEAD Programs under this Contract. Including providing guidance on implementation with a commitment to the LEAD Core Principles. "Monthly Data Collection Report" means the report provided by the Contractor through the agreed upon case management and Data collection system verifying the Subcontractors are meeting the Data collection requirements established in coordination with the PDA Technical Assistance Team. The Monthly Data Collection Report will not contain Personally Identifiable Information or Protected Health Information. "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. - "PDA Technical Assistance Team" means the individuals from PDA that are responsible for providing Technical Assistance for LEAD site selection, implementation, and evaluation. "Pilot Site" or "Site" means the city, county, or tribe that will be implementing a LEAD program through the execution of this contract and per RCW 71.24.589. "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). "Public Defender Association," or"PDA" means the agency that will provide Technical Assistance for LEAD site selection, implementation and evaluation. Washington State 6 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B "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.leq.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. "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 http://uscode.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.leq.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; 3.1.7 Regular, punctual attendance at all meetings; 3.1.8 Provision of high quality services, and 3.1.9 Receive technical assistance and guidance from the LEAD National Support Bureau for purposes of meeting model fidelity and compliance with core principals of LEAD Program. Washington State 7 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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 upon Date of Execution and continue through June 30, 2021, unless terminated sooner as provided herein. 3.2.2 This Contract may be extended through June 30, 2023 in whatever time increments HCA deems appropriate. 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 $882,484, and includes any allowable expenses. 3.3.2 Contractor's compensation for services rendered will be based in accordance with the deliverables table in Schedule A: Statement of Work. 3.3.3 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. If Contractor is required by HCA to travel, any such travel must be authorized in writing by the HCA Contract Manager and reimbursement will be at rates not to exceed the then- current rules, regulations, and guidelines for State employees published by the Washington State Office of Financial Management in the Washington State Administrative and Accounting Manual (http://www.ofm.wa.gov/policy/10.htm); reimbursement will not exceed expenses actually incurred. To receive reimbursement, Contractor must provide a detailed breakdown of authorized expenses and receipts for any expenses of$50 or more. 3.3.4 Federal funds disbursed through this Contract were received by HCA through OMB Catalogue of Federal Domestic Assistance (CFDA) Number: 93.959, Substance Abuse Prevention &Treatment, B08T1010056-19, Substance Abuse Prevention & Treatment Block Grant. Contractor agrees to comply with applicable rules and regulations associated with these federal funds and has signed Attachment 1: Federal Compliance, Certification and Assurances, attached. Washington State 8 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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 listed on the cover page of this agreement. 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 Contract Manager or his/her designee prior to payment. 3.4.3 Contractor must submit properly itemized invoices to include the following information, as applicable: 3.4.3.1 HCA Contract number K4511; 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; I 1 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-vendorpavee-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. Washington State 9 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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. 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: Lydia Buchheit Name: Michele Gayle 415 North 6th Street 626 8th Avenue SE Address: Address: PO Box 42730 Shelton, WA 98584 Olympia, WA 98504-2730 Phone: (360) 427-9670 x404 Phone: (360) 725-5935 Email: lydiab a(�co.mason.wa.us Email: michele.qavlehca.wa.qov 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: Attention: Lydia Buchheit Mason County Community Service 415 North 6th Street Shelton, WA 98584 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 Washington State 10 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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. 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: Federal Compliance, Certifications and Assurances; 3.7.6 Attachment 2: Federal Funding Accountability and Transparency Act Data Collection Form; i 3.7.7 Attachment 3: Federal Award Identification for Subrecipients; 3.7.8 Schedule A: Statement of Work- Lead Pilot Program; 3.7.9 Exhibit A: LEAD Monthly Progress Report; and 3.7.10 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.8 INSURANCE Contractor must provide insurance coverage as set out in this section. 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 must provide insurance coverage that is maintained in full force and effect during the term of this Contract, as follows: 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. Washington State 11 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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. 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. 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. 3.8.5 The Receiving Party certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified above and will provide certificates of insurance to that effect to HCA upon request. 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. 4.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. Washington State 12 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.3 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not f ' 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 4.35, 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 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. Washington State 13 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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 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. 4.9 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. 4.10 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. Washington State 14 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.11 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. 4.11.1 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. 4.11.2 A party's request for a dispute resolution must: 4.11.2.1 Be in writing; i 4.11.2.2 Include a written description of the dispute; 4.11.2.3 State the relative positions of the parties and the remedy sought; and 4.11.2.4 State the Contract Number and the names and contact information for the parties. 4.11.3 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. 4.12 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 4.41 Warranties. 4.13 FEDERAL FUNDING ACCOUNTABILITY &TRANSPARENCY ACT (FFATA) 4.13.1 This Contract 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 federal funds are spent. Washington State 15 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.13.2 To comply with the act and be eligible to enter into this Contract, Contractor must have a Data Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If Contractor does not already have one, a DUNS® number is available free of charge by contacting Dun and Bradstreet at www.dnb.com. 4.13.3 Information about Contractor and this Contract will be made available on www.uscontractorregistration.com by HCA as required by P.L. 109-282. HCA's Attachment 2: Federal Funding Accountability and Transparency Act Data Collection Form, is considered part of this Contract and must be completed and returned along with the Contract. 4.14 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. 4.15 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: 4.15.1 Terminate this Contract pursuant to Section 4.38.3, Termination for Non-Allocation of Funds; 4.15.2 Renegotiate the Contract under the revised funding conditions; or 4.15.3 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. 4.15.3.1 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. 4.15.3.2 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. 4.15.3.3 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 Washington State 16 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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 terms of this Contract for services rendered prior to the retroactive date of termination. 4.16 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 11th Amendment to the United States Constitution. 4.17 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. 4.18 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, 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. 4.19 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. 4.20 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 17 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.21 LEGAL AND REGULATORY COMPLIANCE 4.21.1 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. 4.21.2 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. 4.21.3 Failure to comply with any provisions of this section may result in Contract termination. 4.22 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. 4.23 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. 4.24 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. 4.25 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 4.11 Disputes. Washington State 18 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.26 PAY EQUITY 4.26.1 Contractor represents and warrants that, as required by Washington state law (Engrossed House Bill 1109, Sec. 211), 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. 4.26.2 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. 4.26.3 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. 4.26.4 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. 4.26.5 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. 4.27 PUBLICITY 4.27.1 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. 4.27.2 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. 4.28 RECORDS AND DOCUMENTS REVIEW 4.28.1 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 Washington State 19 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 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]. 4.28.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. 4.28.3 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. 4.29 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 4.30 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. 4.31 RIGHTS IN DATA/OWNERSHIP 4.31.1 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. 4.31.2 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. 4.31.3 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. Washington State 20 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.31.4 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. 4.31.5 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. 4.31.6 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. 4.32 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. 4.33 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. 4.34 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 Washington State 21 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 4.35 SUBCONTRACTING 4.35.1 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. 4.35.2 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 4.35.3 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. 4.35.4 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. 4.35.5 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. 4.36 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, Contractor's Proprietary 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. 4.37 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. Washington State 22 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 4.38 TERMINATION 4.38.1 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." 4.38.2 TERMINATION FOR CONVENIENCE When, at HCA'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. 4.38.3 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. 4.38.4 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 Washington State 23 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-83F7-4A7B4E6C1B1B 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. 4.38.5 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. 4.39 TERMINATION PROCEDURES 4.39.1 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. 4.39.2 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 4.11 Disputes. HCA may withhold from any amounts due the Contractor such sum as HCA determines to be necessary to protect HCA against potential loss or liability. 4.39.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: 4.39.3.1 Stop work under the Contract on the date of, and to the extent specified in, the notice; 4.39.3.2 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; 4.39.3.3 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; 4.39.3.4 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 Washington State 24 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B HCA may require, which approval or ratification will be final for all the purposes of this clause; 4.39.3.5 Transfer title to and deliver as directed by HCA any property required to be furnished to HCA; 4.39.3.6 Complete performance of any part of the work that was not terminated by HCA; and 4.39.3.7 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. 4.40 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. 4.41 WARRANTIES 4.41.1 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. 4.41.2 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. 4.41.3 EXECUTIVE ORDER 18-03 —WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents and warrants, as previously certified in Contractor's bid submission, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.41.4 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 25 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Attachment 1 Federal Compliance, Certifications, and Assurances In the event federal funds are included in this agreement,the following sections apply: I. Federal Compliance and II. Standard Federal Assurances and Certifications. In the instance of inclusion of federal funds,the Contractor may be designated as a sub-recipient and the effective date of the amendment shall also be the date at which these requirements go into effect. FEDERAL COMPLIANCE -The use of federal funds requires additional compliance and control mechanisms to be in place. The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. For clarification regarding any of these elements or details specific to the federal funds in this contract, contact: HCA Contract Manager, Michele Gayle a. Source of Funds:This agreement is being funded partially or in full through Cooperative Agreement number B08T1010056-19 the full and complete terms and provisions of which are hereby incorporated into this agreement can be found by reference in Exhibit C. Federal funds to support this agreement are identified by the Catalog of Federal Domestic Assistance (CFDA) number 93.959 amount to $674,500. The sub- awardee is responsible for tracking and reporting the cumulative amount expended under HCA Contract No. K4511. b. Period of Availability of Funds: Pursuant to 45 CFR 92.23, Sub-awardee may charge to the award only costs resulting from obligations of the funding period specified in BO8TI010056-19, unless carryover of unobligated balances is permitted, in which case the carryover balances may be charged for costs resulting from obligations of the subsequent funding period. All obligations incurred under the award must be liquidated no later than 90 days after the end of the funding period. c. Single Audit Act: A sub-awardee (including private, for-profit hospitals and non-profit institutions)shall adhere to the federal Office of Management and Budget(OMB) Super Circular 2 CFR 200.501 and 45 CFR 75.501. A sub-awardee who expends $750,000 or more in federal awards during a given fiscal year shall have a single or program-specific audit for that year in accordance with the provisions of OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501. d. Modifications:This agreement may not be modified or amended, nor may any term or provision be waived or discharged, including this particular Paragraph, except in writing, signed upon by both parties. 1. Examples of items requiring Health Care Authority prior written approval include, but are not limited to, the following: i. Deviations from the budget and Project plan. ii. Change in scope or objective of the agreement. iii. Change in a key person specified in the agreement. iv. The absence for more than three months or a 25% reduction in time by the Project Manager/Director. v. Need for additional funding. vi. Inclusion of costs that require prior approvals as outlined in the appropriate cost principles. vii. Any changes in budget line item(s)of greater than twenty percent(20%) of the total budget in this agreement. 2. No changes are to be implemented by the Sub-awardee until a written notice of approval is received from the Health Care Authority. e. Sub-Contracting:The sub-awardee shall not enter into a sub-contract for any of the work performed under this agreement without obtaining the prior written approval of the Health Care Authority. If sub-contractors are approved by the Health Care Authority, the subcontract, shall contain, at a minimum, sections of the agreement pertaining to Debarred and Suspended Vendors, Lobbying certification, Audit requirements, and/or any other project Federal, state, and local requirements. Washington State 26 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B f. Condition for Receipt of Health Care Authority Funds: Funds provided by Health Care Authority to the sub- awardee under this agreement may not be used by the sub-awardee as a match or cost-sharing provision to secure other federal monies without prior written approval by the Health Care Authority. g. Unallowable Costs:The sub-awardees' expenditures shall be subject to reduction for amounts included in any invoice or prior payment made which determined by HCA not to constitute allowable costs on the basis of audits, reviews, or monitoring of this agreement. h. Citizenship/Alien Verification/Determination:The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)of 1996 (PL 104-193)states that federal public benefits should be made available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a "federal public benefit" must make a citizenship/qualified alien determination/verification of applicants at the time of application as part of the eligibility criteria. Non-US citizens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. i. Federal Compliance:The sub-awardee shall comply with all applicable State and Federal statutes, laws, rules, and regulations in the performance of this agreement, whether included specifically in this agreement or not. j. Civil Rights and Non-Discrimination Obligations During the performance of this agreement, the Contractor shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107), the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), Title VI II of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act(42 U.S.C., Section 12101 et seq.) http://www.hhs.gov/ocr/civilrights HCA Federal Compliance Contact Information Federal Grants and Budget Specialist Health Care Policy Washington State Health Care Authority • Post Office Box 42710 Olympia, Washington 98504-2710 II. CIRCULARS `COMPLIANCE MATRIX'-The following compliance matrix identifies the OMB Circulars that contain the requirements which govern expenditure of federal funds. These requirements apply to the Washington State Health Care Authority(HCA), as the primary recipient of federal funds and then follow the funds to the sub-awardee, Mason County Community Services. The federal Circulars which provide the applicable administrative requirements, cost principles and audit requirements are identified by sub-awardee organization type. III. OMB CIRCULAR ENTITY TYPE ADMINISTRATIVE COST AUDIT REQUIREMENTS PRINCIPLES REQUIREMENTS State. Local and Indian Tribal Governments and OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 Governmental Hospitals Non-Profit Organizations and Non-Profit Hospitals Colleges or Universities and Affiliated Hospitals For-Profit Organizations Washington State 27 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Definitions: "Sub-recipient";means the legal entity to which a sub-award is made and which is accountable to the State for the use of the funds provided in carrying out a portion of the State's programmatic effort under a sponsored project.The term may include institutions of higher education,for-profit corporations or non-U.S. Based entities. "Sub-award and Sub-grant"are used interchangeably and mean a lower tier award of financial support from a prime awardee (e.g.,Washington State Health Care Authority)to a Sub-recipient for the performance of a substantive portion of the program.These requirements do not apply to the procurement of goods and services for the benefit of the Washington State Health Care Authority. IV. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Health Care Authority. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT transactions (i.e., transactions with sub-grantees AND SUSPENSION and/or contractors) and in all solicitations for lower The undersigned (authorized official signing for the tier covered transactions in accordance with 45 CFR contracting organization)certifies to the best of his or Part 76. her knowledge and belief, that the contractor, defined as the primary participant in accordance with 2. CERTIFICATION REGARDING DRUG-FREE 45 CFR Part 76, and its principals: WORKPLACE REQUIREMENTS a) are not presently debarred, suspended, The undersigned (authorized official signing for the proposed for debarment, declared ineligible, or contracting organization) certifies that the contractor voluntarily excluded from covered transactions will, or will continue to, provide a drug-free workplace by any Federal Department or agency; in accordance with 45 CFR Part 76 by: b) have not within a 3-year period preceding this contract been convicted of or had a civil a) Publishing a statement notifying employees that judgment rendered against them for commission the unlawful manufacture, distribution, of fraud or a criminal offense in connection with dispensing, possession or use of a controlled obtaining, attempting to obtain, or performing a substance is prohibited in the grantee's public (Federal, State, or local) transaction or workplace and specifying the actions that will be contract under a public transaction; violation of taken against employees for violation of such Federal or State antitrust statutes or commission prohibition; of embezzlement, theft, forgery, bribery, b) Establishing an ongoing drug-free awareness falsification or destruction of records, making program to inform employees about false statements, or receiving stolen property; (1)The dangers of drug abuse in the workplace; c) are not presently indicted or otherwise criminally (2)The contractor's policy of maintaining a drug- or civilly charged by a governmental entity free workplace; (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (b) of (3)Any available drug counseling, this certification; and rehabilitation, and employee assistance d) have not within a 3-year period preceding this programs; and contract had one or more public transactions (4) The penalties that may be imposed upon (Federal, State, or local)terminated for cause or employees for drug abuse violations default. occurring in the workplace; Should the contractor not be able to provide this c) Making it a requirement that each employee to certification, an explanation as to why should be be engaged in the performance of the contract placed after the assurances page in the contract. be given a copy of the statement required by The contractor agrees by signing this contract that it paragraph (a) above; will include, without modification, the clause titled d) Notifying the employee in the statement required "Certification Regarding Debarment, Suspension, In by paragraph (a), above, that, as a condition of - eligibility, and Voluntary Exclusion--Lower Tier employment under the contract, the employee Covered Transactions" in all lower tier covered (11ll— )Abide by the terms of the statement; and Washington State 28 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-SBF7-4A7B4E6C1B1B (2) Notify the employer in writing of his or her lobbying undertaken with non-Federal conviction for a violation of a criminal drug (nonappropriated) funds. These requirements apply statute occurring in the workplace no later than to grants and cooperative agreements EXCEEDING five calendar days after such conviction; $100,000 in total costs (45 CFR Part 93). e) Notifying the agency in writing within ten The undersigned (authorized official signing for the calendar days after receiving notice under contracting organization) certifies, to the best of his paragraph (d)(2)from an employee or otherwise or her knowledge and belief, that: receiving actual notice of such conviction. (1) No Federal appropriated funds have been paid Employers of convicted employees must provide or will be paid, by or on behalf of the notice, including position title, to every contract undersigned, to any person for influencing or officer or other designee on whose contract attempting to influence an officer or employee activity the convicted employee was working, of any agency, a Member of Congress, an unless the Federal agency has designated a officer or employee of Congress, or an central point for the receipt of such notices. employee of a Member of Congress in Notice shall include the identification number(s) connection with the awarding of any Federal of each affected grant; contract, the making of any Federal grant, the f) Taking one of the following actions, within 30 making of any Federal loan, the entering into of calendar days of receiving notice under paragraph (d) (2), with respect to any employee any cooperative agreement, and the extension, who is so convicted— continuation, renewal, amendment, or modification of any Federal contract, grant, (1)Taking appropriate personnel action loan, or cooperative agreement. against such an employee, up to and including termination, consistent with (2) If any funds other than Federally appropriated the of the funds have been paid or will be paid to any Act requirementsof as amended;the Rehabilitationo person for influencing or attempting to influence (2) Requiring such employee to participate an officer or employee of any agency, a Member of Congress, an officer or employee of satisfactorily in a drug abuse assistance Congress, or an employee of a Member of - or rehabilitation program approved for such purposes by a Federal, State, or Congress in connection with this Federal local health, law enforcement, or other contract, grant, loan, or cooperative agreement, appropriate agency; the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying g) Making a good faith effort to continue to maintain Activities," in accordance with its instructions. (If a drug-free workplace through implementation of needed, Standard Form-LLL, "Disclosure of paragraphs (a), (b), (c), (d), (e), and (f). Lobbying Activities," its instructions, and For purposes of paragraph (e) regarding agency continuation sheet are included at the end of notification of criminal drug convictions, Authority this application form.) has designated the following central point for receipt (3) The undersigned shall require that the language of such notices: of this certification be included in the award Legal Services Manager documents for all subcontracts at all tiers WA State Health Care Authority (including subcontracts, subcontracts, and PO Box 42700 contracts under grants, loans and cooperative Olympia,WA 98504-2700 agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact 3. CERTIFICATION REGARDING LOBBYING upon which reliance was placed when this transaction Title 31, United States Code, Section 1352, entitled was made or entered into. Submission of this "Limitation on use of appropriated funds to influence certification is a prerequisite for making or entering into certain Federal contracting and financial this transaction imposed by Section 1352, U.S. Code. transactions," generally prohibits recipients of Any person who fails to file the required certification Federal grants and cooperative agreements from shall be subject to a civil penalty of not less than using Federal (appropriated) funds for lobbying the $10,000 and not more than $100,000 for each such failure. Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or 4. CERTIFICATION REGARDING PROGRAM cooperative agreement. Section 1352 also requires FRAUD CIVIL REMEDIES ACT (PFCRA) that each person who requests or receives a Federal The undersigned (authorized official signing for the grant or cooperative agreement must disclose contracting organization) certifies that the Washington State 29 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B statements herein are true, complete, and accurate protect and advance the physical and mental to the best of his or her knowledge, and that he or health of the American people. she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to 6. CERTIFICATION REGARDING DEBARMENT, criminal, civil, or administrative penalties. The SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS undersigned agrees that the contracting organization FOR CERTIFICATION will comply with the Public Health Service terms and 1) By signing and submitting this proposal, the conditions of award if a contract is awarded. prospective contractor is providing the certification set out below. 5. CERTIFICATION REGARDING 2) The inability of a person to provide the ENVIRONMENTAL TOBACCO SMOKE certification required below will not necessarily Public Law 103-227, also known as the Pro-Children result in denial of participation in this covered Act of 1994 (Act), requires that smoking not be transaction. The prospective contractor shall permitted in any portion of any indoor facility owned submit an explanation of why it cannot provide the certification set out below. The certification or leased or contracted for by an entity and used or explanation will be considered in connection routinely or regularly for the provision of health, day with the department or agency's determination care, early childhood development services, whether to enter into this transaction. However, education or library services to children under the failure of the prospective contractor to furnish a age of 18, if the services are funded by Federal certification or an explanation shall disqualify programs either directly or through State or local such person from participation in this governments, by Federal grant, contract, loan, or transaction. 3) The certification in this clause is a material loan guarantee. The law also applies to children's representation of fact upon which reliance was services that are provided in indoor facilities that are placed when the department or agency constructed, operated, or maintained with such determined to enter into this transaction. If it is Federal funds. The law does not apply to children's later determined that the prospective contractor services provided in private residence, portions of knowingly rendered an erroneous certification, in facilities used for inpatient drug or alcohol treatment, addition to other remedies available to the Federal Government, the department or agency service providers whose sole source of applicable may terminate this transaction for cause of Federal funds is Medicare or Medicaid, or facilities default. where WIC coupons are redeemed. 4) The prospective contractor shall provide Failure to comply with the provisions of the law may immediate written notice to the department or result in the imposition of a civil monetary penalty of agency to whom this contract is submitted if at up to $1,000 for each violation and/or the imposition any time the prospective contractor learns that of an administrative compliance order on the its certification was erroneous when submitted or responsible entity. has become erroneous by reason of changed By signing the certification, the undersigned certifies circumstances. that the contracting organization will comply with the 5) The terms covered transaction, debarred, requirements of the Act and will not allow smoking suspended, ineligible, lower tier covered within any portion of any indoor facility used for the transaction, participant, person, primary covered provision of services for children as defined by the transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the Act. meanings set out in the Definitions and The contracting organization agrees that it will Coverage sections of the rules implementing require that the language of this certification be Executive Order 12549. You may contact the included in any subcontracts which contain person to whom this contract is submitted for provisions for children's services and that all sub- assistance in obtaining a copy of those recipients shall certify accordingly. regulations. 6) The prospective contractor agrees by submitting this contract that, should the proposed covered The Public Health Services strongly encourages transaction be entered into, it shall not knowingly all recipients to provide a smoke-free workplace enter into any lower tier covered transaction with and promote the non-use of tobacco products. a person who is debarred, suspended, declared This is consistent with the PHS mission to ineligible, or voluntarily excluded from Washington State 30 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B participation in this covered transaction, unless Federal or State antitrust statutes or commission authorized by Authority. of embezzlement, theft, forgery, bribery, 7) The prospective contractor further agrees by falsification or destruction of records, making submitting this contract that it will include the false statements, or receiving stolen property; clause titled "Certification Regarding c) Are not presently indicted for or otherwise Debarment, Suspension, Ineligibility and criminally or civilly charged by a Voluntary Exclusion -- Lower Tier Covered governmental entity(Federal, State or local) Transaction," provided by HHS, without with commission of any of the offenses modification, in all lower tier covered enumerated in paragraph (1)(b) of this transactions and in all solicitations for lower tier certification; and covered transactions. d) Have not within a three-year period 8) A participant in a covered transaction may rely preceding this contract had one or more upon a certification of a prospective participant public transactions (Federal, State or local) in a lower tier covered transaction that it is not terminated for cause or default. debarred, suspended, ineligible, or voluntarily 2) Where the prospective contractor is unable to excluded from the covered transaction, unless it certify to any of the statements in this knows that the certification is erroneous. A certification, such prospective contractor shall participant may decide the method and attach an explanation to this proposal. frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List (of excluded parties). 9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, Authority may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS --PRIMARY COVERED TRANSACTIONS 1) The prospective contractor certifies to the best of its knowledge and belief,that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Washington State 31 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B CONTRACTOR SIGNATURE REQUIRED SIGNATURE OF AUTHORIZED CERTIFYING TITLE OFFICIAL Please also print or type name: ORGANIZATION NAME: (if applicable) DATE Washington State 32 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Attachment 2 Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form This Contract 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 federal funds are spent. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System (DUNS®) number. A DUNS®number provides a method to verify data about your organization. If you do not already have one, you may receive a DUNS®number free of charge by contacting Dun and Bradstreet at www.dnb.com. Required Information about your organization and this contract will be made available on USASpending.gov by the Washington State Health Care Authority(HCA) as required by P.L. 109-282. As a tool to provide the information, HCA encourages registration with the Central Contractor Registry(CCR) because less data entry and re-entry is required by both HCA and your organization. You may register with CCR on-line at https://vvww.uscontractorreqistration.com/. Contractor must complete this form and return it to the Health Care Authority(HCA). CONTRACTOR 1. Legal Name 2. DUNS Number 3. Principle Place of Performance 3a. City 3b. State 3c. Zip+4 3d. Country 4. Are you registered in CCR (https://www.uscontractorreqistration.com/)? DYES (skip to page 2. Sign, date and return) ONO 5. In the preceding fiscal year did your organization: a. Receive 80% or more of annual gross revenue from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements; and b. $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements; and c. The public does not have access to information about the compensation of the executives through periodic reports filed with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330 ❑ NO (skip the remainder of this section - Sign, date and return) ❑YES (You must report the names and total compensation of the top 5 highly compensated officials of your organization). Name Of Official Total Compensation 1. 2. 3. 4. 5. Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the sub- recipient's past fiscal year of the following (for more information see 17 CFR 229.402 (c)(2)). By signing this document, the Contractor Authorized Representative attests to the information. Washington State 33 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Signature of Contractor Authorized Representative Date " HCA will not endorse the Contractor's subaward until this form is completed and returned. FOR HEALTH CAREcAUTHORITY USE ONLY HCA Contract Number: K5411 Sub-award Project Description (see instructions and examples below) Instructions for Sub-award Project Description: In the first line of the description provide a title for the sub-award that captures the main purpose of the subrecipients work. Then, indicate the name of the subrecipient and provide a brief description that captures the overall purpose of the sub-award, how the funds will be used, and what will be accomplished. Example of a Sub-award Project Description: Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to chemical dependency centers to assist the centers to integrate tobacco use into their existing addiction treatment programs. Funds will also be used to assist centers in creating tobacco free treatment environments. Washington State 34 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Attachment 3 Federal Award Identification for Subrecipients (reference 2 CFR 200.331) (i) Subrecipient name (which must match the name Mason County Community associated with its unique entity identifier); Services (ii) Subrecipient's Data Universal Numbering System 060044641 (DUNS®) unique entity identifier (iii) Federal Award Identification Number(FAIN); B08T1010056-19 (iv) Federal Award Date (see §200.39 Federal award 10/11/2019 date); (v) Subaward Period of Performance Start and End Date of execution -6/30/21 Date; (vi) Amount of Federal Funds Obligated by this action; $674,000. (vii) Total Amount of Federal Funds Obligated to the $674,000. subrecipient; (viii) Total Amount of the Federal Award; $38,119,291 (ix) Federal award project description, as required to be Substance Abuse Prevention responsive to the Federal Funding Accountability and Treatment Block Grant and Transparency Act (FFATA); (x) Name of Federal awarding agency, pass-through SAMHSA entity, and contact information for awarding official, WA State Health Care Authority Keri Waterland, Assistant Director DBHR 626 8th Ave SE; Olympia, WA 98504-5330 Keri.waterland(a�hca.wa.gov (xi) Catalog of Federal Domestic Assistance (CFDA) 93.959 Number and Name; the pass-through entity must identify the dollar amount made available under Substance Abuse Prevention and each Federal award and the CFDA number at time Treatment Block Grant of disbursement; (xii) Identification of whether the award is Research & ❑ Yes ® No Development; and (xiii) Indirect cost rate for the Federal award, including if De mimimus 10% the de minimis rate is charged per§200.414 Indirect (Facilities &Administrative) costs. Washington State 35 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Schedule A Statement of Work 1. PURPOSE HCA intends to enter into an agreement with the Contractor for purposes of establishing a LEAD Program that adheres to the Core Principles of LEAD as noted in SSB 5380 and RCW 71.24.589, which indicates that the HCA must partner with the Public Defender's Association-National Support Bureau (NSB)to expand availability of Law Enforcement Assisted Diversion (LEAD) programs statewide. 2. HCA RESPONSIBILITIES 2.1. Provide a Contract Manager to monitor all progress under the program; and 2.2. Provide timely responses to all inquiries from the Contractor. 3. CONTRACTOR RESPONSIBILITIES 3.1. Coordinate with NSB for purposes of receiving technical assistance; 3.2. Coordinate with NSB for training on policies and protocols for LEAD referrals and diversion- eligible offences; 3.3. Coordinate with NSB to develop a LEAD Program Site Evaluation Plan with the intent of yielding the following results: 3.3.1. Reduction in arrests, time spent in custody, and/or recidivism for program participants; 3.3.2. Increase access to and utilization of non-emergency community behavioral health and/or substance use services; 3.3.3. Reduction in the utilization in emergency services; 3.3.4. Increased resilience, stability, and well-being for program participants; and 3.3.5. Reduction in cost for the justice system in comparison to processing cases as usual through the justice system. 3.4. Establish under this Contract a pilot project for LEAD which shall adhere to LEAD core principles recognized by the Law Enforcement Assisted Diversion NSB, the efficacy of which have been demonstrated in peer-reviewed research studies. A major component of this will include the creation of an executive committee that consists of the following members: 3.4.1. Community-based organizations; Washington State 36 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 3.4.2. Local government; 3.4.3. Law enforcement; 3.4.4. Prosecutors; 3.4.5. Public health experts; and 3.4.6. Organizations led by and representing individuals with past justice system involvement. 3.5. As a LEAD Pilot Site Contractor must: 3.5.1. Accept and follow all guidance provided by the PDA Technical Assistance Team to ensure that the Pilot Site maintains fidelity to the LEAD Model as referenced in RCW 71.24.589. 3.5.2. Ensure that the program is managed to achieve expected outcomes that are measurable and will be used in the future to evaluate the performance and to ensure accountability for the use of this funding. As such, the Contractor will work with the HCA to utilize Julota Data collection and case management system. Because this system is not yet in place and HCA understands that every community's reporting needs will be different, the Contractor's reporting requirements can be flexible, as full utilization of the system will allow for most elements of the required Monthly Data Collection Reports to be either automated or manually generated in little time. The Monthly Data Collection Report will contain the following elements: 3.5.2.1. Number of individuals contacted through law enforcement response and/or social contact referrals; 3.5.2.2. Number of individuals admitted into LEAD Program; 3.5.2.3. Aggregated demographics for individuals admitted, including: 3.5.2.3.1. Race; 3.5.2.3.2. Gender; 3.5.2.3.3. Age; and 3.5.2.3.4. Housing/homelessness status. 3.5.2.4. Aggregated intake information: 3.5.2.4.1. Self-reported behavioral health; 3.5.2.4.2. Employment; Washington State 37 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 3.5.2.4.3. Family; and 3.5.2.4.4. Financial information. 3.5.2.4.5. Number of staff contact(s) with participants; 3.5.2.4.6. Number of linkages to services; and 3.5.2.4.7. Criminal justice system involvement. 3.5.3. Coordinate with HCA, and any authorized agent, in evaluation required of the LEAD Program for legislative reporting. 3.5.4. LEAD Program Manager will ensure that all Subcontractors are meeting the Data collection requirements established in coordination with the PDA Technical Assistance Team. And provide a Monthly Data Collection Report through the agreed upon case management and Data collection system. 3.5.5. Hire LEAD Program Manager within 30 days of the execution of this Contract. The LEAD Program Manager will be responsible for directing day to day operations of the LEAD pilot project as outlined in Section 3.6, LEAD Program Manager Responsibilities. 3.5.6. Create and publish position announcements, or coordinate with partnering behavioral health agency, for the hiring of necessary clinical support positions, to include the following: 3.5.6.1. Outreach Coordinator; 3.5.6.2. Clinical Supervisor; and 3.5.6.3. Case Manager. 3.5.7. Hire 3 Full Time Employees (FTE) to cover the functioning of the LEAD Program within 60 days of execution of this agreement. The FTEs hired must include the following positions: 3.5.7.1. Outreach Coordinator; 3.5.7.2. Clinical Supervisor; and 3.5.7.3. Case Manager. 3.5.8. Coordinate, schedule, and conduct operational workgroup meetings as needed. Operational workgroup meetings are for the purposes of coordinating care for LEAD , participants and only those participants that have signed and ROI with operational Washington State 38 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B workgroups members are to be discussed during the workgroup meetings. LEAD Program Manager will ensure the following participants are in attendance: 3.5.8.1. Law Enforcement Officers referring to the LEAD Program; 3.5.8.2. Prosecutors considering cases involving LEAD participants; 3.5.8.3. Case Mangers assisting LEAD clients; and 3.5.8.4. LEAD project managers. 3.5.9. Provide referrals to local community agencies for intensive case management services, including but not limited to substance use, mental health, and behavioral health assessment and treatment. 3.5.10. Ensure LEAD referral services begin no later than within 30 days of Date of Execution of this Contract. 3.5.11. Monitor to ensure the LEAD Program has referred and admitted at least 50 individuals by June 30, 2021. 3.5.12.Submit a completed Exhibit A, LEAD Monthly Progress Report, to the HCA Contract Manager with each monthly invoice. r 3.5.13. Ensure travel per diem, computers, office supplies and all the other supplies and tools necessary to perform defined duties are provided to LEAD staff and/or contracted staff. 3.6. LEAD Program Manager Responsibilities The LEAD Program Manager will be responsible for directing day to day operations of the LEAD pilot project. This will include but is not limited to the following: 3.6.1. Provide a detailed program timeline that identifies any anticipated implementation challenges; and an outline of steps that will be taken and the time frame needed to resolve these challenges. 3.6.2. Create and execute MOUs to facilitate information sharing; 3.6.3. Provide logistical coordination, support, and record-keeping to the local LEAD advisory board and operational workgroup. Meetings will be scheduled as frequently as necessary during the implementation phase.This coordination and support shall include, but is not limited to, the following: 3.6.3.1. Set meeting dates and coordinate presenters and subject matter experts for the LEAD Advisory Board and Steering Board meetings; 3.6.3.2. Work with the PDA Technical Assistance Team to develop and provide an agenda to LEAD Advisory Board members for each meeting; Washington State 39 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B 3.6.3.3. Provide all meeting agendas, minutes, and pertinent documents to the PDA Technical Assistance Team and the HCA Contract Manager; 3.6.3.4. Meet at least monthly with the PDA Technical Assistance Team to ensure communication and coordination of project; 3.6.3.5. Upon request, participate in presentations to key state and local stakeholders on progress; and 3.6.3.6. Provide a satisfaction survey to participants, officers, and stake holders within the last quarter of the program. Share the results of the survey with the PDA Technical Assistance Team and HCA Contract Manager. 3.6.4. Coordinate, schedule, and conduct LEAD steering committee and advisory board meetings as needed throughout the induction phase of this project. 3.6.5. Participate in monthly Technical Assistance (TA) calls with the PDA Technical Assistance Team. This TA will include but is not limited to the following: 3.6.5.1. Create and convene a policy coordinating group; 3.6.5.2. Write policy and protocol around referrals and diversion-eligible offenses and making an MOU for all parties to work together; 3.6.5.3. Trainings on policy and protocol regarding referrals and diversion-eligible offenses; and 3.6.5.4. Establishing intake processes for candidates. 4. DELIVERABLES DELIVERABLE a:, DUE DATE. PAYMENT 4.1 Program timeline with Within thirty (30) days of the One-time payment implementation challenges and Date of Execution and each of$50,000. resolutions identified as detailed month thereafter for the in subsection 3.6.1. duration of the Contract. 4.2 Purchase Julota Case Within thirty (30) days of the One-time payment, Management and Data Date of Execution not to exceed Collection Software platform. $96,484. 4.3 Minutes detailing all local LEAD Meeting minutes due no more $2,000 per meeting, advisory board and operational than sixty (60) days after each not to exceed workgroup meetings. meeting is conducted. $60,000. Up to 30 meetings throughout the duration of this Contract. 4.4 Monthly Technical Assistance No less than one (1) call per $10,000 per month, (TA) calls with the PDA month. not to exceed Technical Assistance Team. $130,000. Washington State 40 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-813F7-4A7B4E6C1B1B 4.5 Clinical support positions filled No later than July 31, 2020 One-time payment as listed in subsection 3.5.7. of$23,000. 4.6 Monthly Data Collection Report Due each month on or before $3,000 per month, the 15' of the following month. not to exceed $40,000 4.7 LEAD Monthly Progress Report Due each month on or before $3,000 per month, the 15th of the following month. not to exceed $40,000 4.8 Provide necessary staff(e.g. Ongoing Up to $7,000 per Outreah Coordinator, Clinical month per Case Supervisor, and Case Manager/Outreach Manager)to refer a minimum of Coordinator, up to 50 individuals through the $8,000 per month LEAD Program,per each case per Clinical manager hired, each year. Supervisor not to exceed $360,000 4.9 Indirect (administrative) costs: Monthly, and no later than 60 10% of direct costs- Only 10% of direct costs. days following the Contract end up to $83,000.00 date. 'MAXIMUM TOTAL - ,$882,484 .; 5. CONSIDERATION. HCA will authorize a lump sum payment for each deliverable only upon satisfactory completion and acceptance and only for the allowable costs as specified in Section 4, Deliverables. 5.1. The maximum dollar amount for this Contract will not exceed $882,484. 5.2. Administrative fees are not to exceed 10% of the billed expenses and are included as part of the Maximum Consideration. 5.3. Source of Funds: General State Funds and Substance Abuse Block Grant. Washington State 41 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 DocuSign Envelope ID:E3B48371-06EE-469C-8BF7-4A7B4E6C1B1B Exhibit A LEAD Monthly Progress Report i LAW ENFORCEMENT ASSISTED DIVERSION PROGRAM DIVISION OF BEHAVIORAL HEALTH AND RECOVERY AT THE HEALTH CARE AUTHORITY 1,. MONTHLY PROGRESS REPORT Po Please respond to each question and submit this document with the monthly A-19 billing to SOR Treatment Manager, Michele Gayle at michele.gaylec hca.wa.gov. For additional questions, please contact Michele Gayle at(360)725-5935. Report Month/Year ❑April 2020❑May 2020❑June 2020❑July 2020❑August 2020 ❑September 2020❑October 2020❑November 2020 ODecember 2020❑January 2021 ❑February 2021 ❑March 2021 ❑April 2021❑May 2021 ❑June 2021 Name of the LEAD program completing this report: Click or tap here to enter text. 2. How many unique individuals referred to your LEAD program during this report month? 3. How many participants are currently in your LEAD program? 4. What are the basic demographics of your LEAD participants? (Please include gender, race, housing and insurance status) 5. Summarize any barrier(s) encountered and plans to overcome the barrier(s)with timeline. 6. How many days is it taking between initial referral and participant receiving behavioral health assessment? 7. Are you experiencing any training or technical assistance needs (e.g. policy& protocol, data collection, staffing, etc.)? 8. Have there been any staff changes since the last report. If so,what position(s) and location(s)? 9. Do you have a participant success story yo.0 would like to share below? 10. Are there any significant accomplishments you would like to share or other information you would like to know? Completed By: Date: Washington State 42 LEAD Pilot Site Development Health Care Authority HCA Contract#K4511 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Nichole Wilston Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 643 COMMISSION MEETING DATE: 6/9/2020 Agenda Item # , (Commissioner staff to complete) BRIEFING DATE: Executive Session for litigation matters BRIEFING PRESENTED BY: Nichole Wilston [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and'future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of a clerical error made by Mason County Clerk's Office and to pay the sum of $2,500 and an apology letter to the mother, as agreed. Background: The approval of this Release and Hold Harmless Agreement is a compromise of any and all existing and/or future claims, damages and causes of action of any kind and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that the said Releasee deny liability therefor, and further that such shall not be a basis for claims for indemnity, contribution or breach of any Federal, state, local law. RECOMMENDED ACTION: Approval for the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of a clerical error made by Mason County Clerk's Office and to pay the sum of$2,500 and an apology letter to the mother, as agreed. Attachment: Release and Hold Harmless Agreement on file with Clerk of the Board.