HomeMy WebLinkAbout2022/01/10 - Special Packet 10:00 a.m. BOARD OF MASON COUNTY COMMISSIONERS
SPECIAL MEETING AGENDA
411 North Fifth Street, Shelton, WA 98584
10:00 a.m., Monday, January 10, 2022
Our Commission meetings are live streamed at hU://www.masonwebtv.com/
In compliance with Proclamation by the Governor 20-25.14 and the Order of the Secretary of Health 20-03.3,in person
attendance is temporarily restricted. During this time,we will accept public comment and testimony using Zoom.Please
click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by
the Chair to provide your comments and testimony.
You can also e-mail msmithamasoncounWya.gov;mail in to the Commissioners'Office at 411 N 5th St,Shelton,WA
98584;or call(360)427-9670 ext.230.
If you need to listen to the Commission meeting via telephone,please provide your telephone number to the
Commissioners'Office no later than 4:00 p.m.the Friday before the meeting.
These options are available only while COVID-19 Open Public Meetings Act(OPMA)meeting restrictions are in place.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Selection of Chair and Vice-Chair
5. Open Forum for Citizen Input
Please see above options to provide public comment. These options are only available while COVID-19 OPMA
meetings restrictions are in place. (3 minutes per person, 15-minute time limit.)
6. Adoption of Agenda
Items appearing on the agenda after "Item 10. Public Hearings"maybe be acted upon before 9:15 a.m.
7. Approval of Minutes—December 20,2021 and January 3,2022 Briefing Minutes and January
5, 2022 Special Meeting Minutes
8. Approval of Action Agenda
8.1 Approval of Warrants&Treasure Electronic Remittances
Claims Clearing Fund Warrant#8085057-8085299 $4,711,714.67
Direct Deposit Fund Warrant#83321-83714 $ 838,425.74
Salary Clearing Fund Warrant#7006354-7006380 $ 539,836.42
Treasurer Electronic Remittances $ -
8.2 Approval to continue the WA-DR-4539 Hazard Mitigation Assistance program grant
application process for funding to update the Mason County Multi-Jurisdictional Hazard
Mitigation Plan.
8.3 Approval to amend Resolution#2021-073 to correct a scrivener's error regarding the
description of how the salary table will be applied to non-represented employees who may be
at their top step.
8.4 Approval for Mark Neary,County Administrator,to sign the agreement with SC Johnson and
the City of Shelton for the Pilot Program for curbside plastic film recycling.
8.5 Approval to sign the County's response letter to the Squaxin Island Tribe's letter dated
December 8,2021 to address the specific concerns listed by the Squaxin Island Tribe.
8.6 Approval of the Law Enforcement Assisted Diversion(LEAD)contract extension to continue
services until June 30,2023.
8.7 Approval to reschedule the Monday,January 10,2022 Special Meeting/Public Hearing on the
proposed extension of the Belfair sewer to Monday,January 31,2022 at 6:00 p.m.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
No Public Hearings set for this time.
11. Board's Calendar and Reports
12. Adjournment
Agendas are subject to change,please contact the Commissioners'Office for the most recent version.
Last printed 01/06/22 at 3:27 PM
If special accommodations are needed,contact the Commissioners'Office at(360)427-9670 ext.419
MASON COUNTY
TO: Board of Mason County Commissioners Reviewed
FROM: Ginger Kenyon Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: January 4, 2022 No. 4.1
ITEM: Correspondence
4.1.1 Received notification from Mason County Auditor's Office regarding Mason
County Fire District #12 & Mason County Housing Authority not providing
their 2022 budget information.
4.1.2 Federal Emergency Management Agency sent in a letter regarding Special
Flood Hazard Area.
4.1.3 Received a letter from the Federal Energy Regulatory Commission regarding
2022 Combined Tabletop and Functional Emergency Action Plan Exercise,
Plan & Schedule Cushman and Wynoochee Projects.
4.1.4 John Sheridan and Kenneth VanBuskirk sent in their applications for the
Mason Transit Authority Board.
4.1.5 Washington State Liquor and Cannabis Board sent in the following: an
approved liquor license for Dayton Store; Stonehenge Gardens change of
corporate officers.
Attachments: Originals on file with the Clerk of the Board.
PADDY M C G U I R E PO Box 400
�D9pN CpQA
41 1 N 5TH STREET
MASON COUNTY PHONE (360) 427.9670
AUDITOR FAx (360) 427-1753
1454 HTTP://MASONCOuNTYWA.GO V/AUDITOR/
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk
December 14, 2021
Randy Neatherlin, Commissioner District#1
Kevin Shutty, Commissioner District#2
Sharon Trask, Commissioner District#3
Regarding Mason County Fire District# 12 & Mason County Housing Authority
This is to formally notify you that your Special Purpose Taxing District has not turned in a
budget for fiscal year 2022. Pursuant to RCW 84.52.020, all taxing districts are required to
submit a budget with the County legislative authority on or before the thirtieth of November
each year.
The Mason County Auditor's Financial Services department is required by RCW 36.22.090 to
issue warrants on your behalf. Without receiving your adopted budget for 2022, we will not
be able to do so. This will greatly impact your ability to do business.
Enclosed is a copy of RCW 84.52.020, RCW 36.22.090 and the letter that was mailed to the
district on 10/4/21 requesting their adopted budget. This letter is sent to each of the Special
Purpose Taxing Districts every fall providing the district with the information required to turn
in their budget for the next fiscal year. This information to the districts is not something new,
nor is it information that their district and commissioners should be unaware that they are
required to comply with.
Please feel free to contact myself, or the Mason County Auditor, Paddy McGuire, if you have any
questions. I can be reached at 360.427.9670 x 629 and Paddy McGuire is 360.427.9670 x 468.
1 look forward to receiving their adopted 2022 budget as soon as possible.
Sinc rely,
Je y M ler
Financial Analyst - Financial Services
cc: Paddy McGuire, Mason County Auditor
Diane Zoren, Central Services Manager
enclosures: RCW 84.52.020; RCW 36.22.090; Special Purpose Taxing District letter 10/4/21
12114/21, 11:50 AM RCW 36.22.090:Warrants of political subdivisions.
RCW 36.22.090
Warrants of political subdivisions.
All warrants for the payment of claims against diking, ditch, drainage and irrigation districts and
school districts of the second class, who do not issue their own warrants, as well as political subdivisions
within the county for which no other provision is made by law, shall be drawn and issued by the county
auditor of the county wherein such subdivision is located, upon proper approval by the governing body
thereof.
[ 2009 c 337 §4; 1975 c 43 § 31; 1973 c 111 § 4; 1963 c 4 § 36.22.090. Prior: 1915 c 74 § 1; RRS §
4096.]
NOTES:
Effective date— Severability-1975 c 43: See notes following RCW 28A.535.050.
Severability-1973 c 111: See note following RCW 28A.330.230.
12114/21, 11.49 AM RCW 84.52.020:City and district budgets to be filed with county legislative authority.
RCW 84.52.020
City and district budgets to be filed with county legislative authority.
It shall be the duty of the city council or other governing body of every city, other than a city
having a population of three hundred thousand or more, the board of directors of school districts of the
first class, the superintendent of each educational service district for each constituent second-class
school district, commissioners of port districts, commissioners of metropolitan park districts, and of all
officials or boards of taxing districts within or coextensive with any county required by law to certify to the
county legislative authority, for the purpose of levying district taxes, budgets or estimates of the amounts
to be raised by taxation on the assessed valuation of the property in the city or district, through their chair
and clerk, or secretary, to make and file such certified budget or estimates with the clerk of the county
legislative authority on or before the t irtieth day of Novembor.
[2005 c 52 § 1; 1994 c 81 § 85; 1988 c 222 § 27; 1975'76 2nd ex.s. c 118 § 33; 1975 c 43 § 33; 1961 c
15 § 84.52.020. Prior: 1939 c 37 § 1; 1925 ex.s. c 130 § 75; RRS § 11236; prior: 1909 c 138 § 1; 1893 c
71 §§ 2, 3.]
NOTES:
Severability-1975-76 2nd ex.s. c 118: See note following RCW 28A.505.010.
Effective date—Severability-1975 c 43: See notes following RCW 28A.535.050.
PADDY MCGUIRE PO Box 400
` 41 1 N STH STREET
MASON COUNTY PHONE (360) A 98584_ O
R.54
AUDITOR FAX(360) 427-1753
HTrP://MASONCOUNTYWA.GOV/AUDITOR/
October 4, 2021
Mason County Fire District#12
Enclosed is your 2022 budget form to be returned to the Auditor's Financial Services Department no later than
November 30, 2021. Financial Services is asking for your 2022 budget in the same simplified format as prior years.
The form is enclosed. We do require a quorum of commissioners to sign this form at a public meeting.
While the County is only asking for a simplified version of your budget, you are required by the Office of the
Washington State Auditor to prepare a comprehensive district budget which contains the detail of all anticipated revenues
and all anticipated expenditures. For questions on how to budget, please refer to the State Auditor BARS manual details.
Please be mindful of RCWs 42.30.020-.920; 43.09.200; 52.16.030; 84.52.020. This is not a complete list of budget RCW's.
The comprehensive budget for your district must be monitored and maintained by your district and their governing body(your
district's elected commissioners). You will continue to receive monthly reports from both Financial Services showing all
expenditures.A year to date list of expenditures is attached. You also have access to the Treasurer's FTP website for your
monthly deposit reports. The County reports should be considered you supporting documents for your internal
general ledgers. The County reports are not what should be used to file your legally required annual
State Auditor reports. They are simply a tool and should not be your sole basis of accounting for your district.
Financial Services will be running warrants for all districts several times a month as has been our practice.
If you have had any changes within your district information, please notify Financial Services. We require you to have
on file in our office your district address, phone number(s), email and contact person(s). We also require the name
of all elected commissioners and their authorizing signatures. There is a new contact form included in case you need one.
Once again, it has been the pleasure of Financial Services to assist all of our Junior Districts for 2021. Let's hope that
2022 is a much, much better year for all of us!
My best to you all,
Jenny Muller
Financial Analayst
Mason County Financial Services
360.427.9670 x 629
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk A�avk
Ar\Fa.
rt Federal Emergency Management Agency
Washington, D.C. 20472
�l AND S�GJ
DECEMBER 08,2021
MR. RANDY NEATHERLIN CASE NO.: 22-10-0116A
CHAIR,BOARD OF COMMISSIONERS COMMUNITY: MASON COUNTY, WASHINGTON
MASON COUNTY (UNINCORPORATED AREAS)
411 N 5TH ST COMMUNITY NO.: 530115
SHELTON WA 98584
DEAR MR. NEATHERLIN:
This is in reference to a request that the Federal Emergency Management Agency (FEMA)
determine if the property described in the enclosed document is located within an identified
Special Flood Hazard Area,the area that would be inundated by the flood having a 1-percent
chance of being equaled or exceeded in any given year (base flood), on the effective
National Flood Insurance Program (NFIP) map. Using the information submitted and the
effective NFIP map, our determination is shown on the attached Letter of Map Revision
(LOMR) V Zone Determination Document. This determination document provides
additional information regarding the effective NFIP map, the legal description of the
property,and our determination.
Additional documents are enclosed which provide information regarding the subject
property and LOMRs. Please see the List of Enclosures below to determine which
documents are enclosed. Other attachments specific to this request may be included as
referenced in the Determination/Comment document. If you have any questions about this
letter or any of the enclosures, please contact the FEMA Mapping and Insurance eXchange
(FMIX)toll free at 1-877-336-2627 (877-FEMA MAP) or by letter addressed to the Federal
Emergency Management Agency, LOMC Clearinghouse, 3601 Eisenhower Avenue, Suite
500,Alexandria,VA 22304-6426.
Sincerely,
Patrick"Rick"F. Sacbibit,P.E., Branch Chief
Engineering Services Branch
Federal Insurance and Mitigation Administration
List of Enclosures
• LOMR-VZ DETERMINATION DOCUMENT(REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
Mr.Daniel F. Holman
UDC 0 L l
Mason County
CCt�,"'ticc�r,Rf
Page 1 of 2 Date: December 8, 2021 Case No.: 22-10-0116A LOMR-VZ
T
° Federal Emergency Management Agency
Washington, D.C. 20472
D SVI
LETTER OF MAP REVISION - COASTAL HIGH HAZARD AREA
DETERMINATION DOCUMENT (REMOVAL)
COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
A portion of Lot 1, Short Plat No.2893, as described in the Statutory Warranty
Deed recorded as Document No.2153631,in the Office of the Auditor,Mason
MASON COUNTY,WASHINGTON County, Washington
COMMUNITY (Unincorporated Areas)
The portion of property is more particularly described by the following
metes and bounds:
COMMUNITY NO: 530115
NUMBER: 53045CO635E
AFFECTED MAP
PANEL DATE: 6/20/2019
FLOODING SOURCE: PICKERING PASSAGE APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY: 47.230297,-122.923101
SOURCE OF LAT&LONG: LOMA LOGIC DATUM: NAD 83
DETERMINATION
OUTCOME 1%ANNUAL LOWEST LOWEST
WHAT IS CHANCE ADJACENT
LOT BLOCK/ SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE LOT
SECTION FROM THE ZONE ELEVATION ELEVATION ELEVATION
SFHA (NAVD 88) (NAVD 88) (NAND 88)
1 Short Plat No.2893 1120 East South Portion of X -- 20.1 feet
Island Drive Property (unshaded)
Special Flood Hazard Area(SFHA)—The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded
in any given year(base flood).
ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below)
LEGAL PROPERTY DESCRIPTION
STATE AND LOCAL CONSIDERATIONS
ZONE V
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision for the property
described above. Using the information submitted and the effective National Flood Insurance Program(NFIP)map,we determined that the structure(s)on
the property is/are not located in a Coastal High Hazard Area or the SFHA,an area inundated by the flood having a 1-percent chance of being equaled or
exceeded in any given year(base flood). This document revises the effective NFIP map to remove the subject property from the Coastal High Hazard Area
and the SFHA located on the effective NFIP map;therefore,the federal mandatory flood insurance requirement does not apply. However,the lender has
the option to continue the flood insurance requirement to protect its financial risk on the loan.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If
you have any questions about this document,please contact the FEMA Mapping and Insurance eXchange(FMIX)toll free at 1-877-336-2627(FEMA MAP)
or by letter addressed to the Federal Emergency Management Agency,LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA
22304-6426.
Patrick"Rick"F.Sacbibit,P.E.,Branch Chief
Engineering Services Branch
Federal Insurance and Mitigation Administration
Page 2 of 2 Date: December 8, 2021 Case No.: 22-10-0116A LOMR-VZ
o�PAi=�Fa.
r
° Federal Emergency Management Agency
° Washington, D.C. 20472
F�gND SE�J
LETTER OF MAP REVISION — COASTAL HIGH HAZARD AREA
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT I (ADDITIONAL CONSIDERATIONS)
LEGAL PROPERTY DESCRIPTION (CONTINUED)
BEGINNING at the south east corner of said gov't lot 4(south 1/4 corner),Thence N 00°07'42" E along the east
line of said government lot,706.06 feet to the south line of lot 1 short plat 2893;Thence N 89°35'54" W,along
said line, 1090.47 feet to the TRUE POINT OF BEGINNING;And N 89°35'54" W, 50.00 feet;Thence N
21-54-07" E, 16.29 feet;Thence N 13°02"30 W, 12.16 feet;Thence N 06"45"39", 17.49 feet; Thence N
26°09'10"E,33.89 feet;Thence N 22°28'19 W,28.40 feet; Thence N 5°49'51" E,22.83 feet; Thence N 04°10'01
W,41.35 feet to the north line of said lot;Thence N 8995'54 W along said line,213.07 feet; Thence S 13°41'23
W, 133.58 feet; Thence N 89°35'54" W,40 feet;hence S 00°24'06" W,35 .00 feet to the TRUE POINT OF
BEGINNING
STATE AND LOCAL CONSIDERATIONS(This Additional Consideration applies to the preceding
property)
Please note that this document does not override or supersede any State or local procedural or substantive
provisions which may apply to floodplain management requirements associated with amendments to State or
local floodplain zoning ordinances,maps,or State or local procedures adopted under the National Flood
Insurance Program.
ZONE V(This Additional Consideration applies to the preceding property)
A portion of this property,but not the subject of the Determination/Comment Document,is located within a Coastal High
Hazard Area(Zone V,VE or V1-30). Therefore,any future construction or substantial improvement on the property
remains subject to Federal,State/Commonwealth,and local regulations for floodplain management. No construction
using fill for structural support or that may increase flood damage to other property may take place in these areas.
This attachment provides additional information regarding this request. If you have any questions about this attachment,please contact the FEMA Mapping
and Insurance eXchange(FMIX)toll free at 1-877-336-2627(FEMA MAP)or by letter addressed to the Federal Emergency Management Agency,LOMC
Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426.
Patrick"Rick"F.Sacbibit,P.E.,Branch Chief
Engineering Services Branch
Federal Insurance and Mitigation Administration
Cc CMMRS Neatherlin, Shutty, Trask
Clerk XRrK
FEDERAL ENERGY REGULATORY COMMISSION
Office of Energy Projects
• Division of Dam Safety and Inspections—Portland Regional Office
805 SW Broadway, Suite 550
Portland, Oregon 97205
(503) 552-2700
12/13/2021
In reply refer to:
P-460
VIA Electronic Mail
Mr. Chris Mattson
Generation Manager
il
Tacoma Public Utilitiesr� ' 1 �
cmattson@ci.tacoma.wa.us Mason County
Cc-ri ;c icners
Subject: 2022 Combined Tabletop and Functional Emergency Action Plan Exercise,
Plan & Schedule, Cushman and Wynoochee Projects
Dear Mr. Mattson:
This letter is to acknowledge your November 23, 2021 letter transmitting a 2022
Combined Tabletop and Functional Emergency Action Plan (FEAP) Exercise, Plan &
Schedule for the Cushman and Wynoochee Projects, FERC Nos. 460 and 6842,
respectively. We have reviewed the information provided and have the following
comments:
1. The justification provided for postponement of the exercise is acceptable. Your
proposed plan and schedule to conduce the combined Tabletop and FEAP on
Tuesday, May 10, 2022 is accepted.
2. Please submit the draft Master Scenario Events List (MSEL) for our review no
later than 30 days prior to conducting the combined Tabletop and FEAP, with a
final copy emailed to Mr. Dan Klein at least one day prior to the exercise.
By April 10, 2022, please address Comment No. 2 above. File all submittals using
the Commission's eFiling system at https://www.ferc.gov/ferc-online/overview. For all
Dam Safety and Public Safety Documents, select Hydro: Regional Office and Portland
• Regional Office from the eFiling menu. If any portion of the submittal cannot be eFiled,
contact the project engineer to discuss options for transmitting the submittal materials to
the Commission. The cover page of the filing must indicate that the material was eFiled.
2
For assistance with eFiling, contact FERC Online Support at
FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or(202) 502-8659 (TTY).
` Hard Copies Are Not Required During 100% Telework. The Commission
remains on 100% telework status due to the ongoing Covid-19 Pandemic. Requirements
for sending hard copies are suspended during this time. This guidance for submitting
documents to the Commission is valid until FERC reconstitutes and staff returns to
offices. We do not have a timeline for when that will occur. When the Commission
reconstitutes, we will issue further guidance regarding: 1) any need for hard copies of
documents submitted during 100% telework and; 2) any need for hard copies going
forward after reconstitution.
Thank you for your continued cooperation and interest in dam safety. If you have
any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707.
Sincerely,
5&7& '2' 4,
Douglas L. Johnson, P.E.
Regional Engineer
Cc CMMRS Neatherlin, Shutty, Trask
Clerk ► oe ule ) M a v-iQ
06�s aoa� MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
SHELTON WA 98584
Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269
1854
1 AM SEEKING APPOINTMENT TO fill a Mason Transit Authority Board Member postion.
NAME: John A. Sheridan
ADDRESS: PHONE: (
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
OR AREA IN THE COUNTY You LIVE) MAIL:
----------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
Retired Military(ACTIVITIES
1Years)15aetive)15reserve COMPANY: Port Ops DOD Civillian Tug Boats 20yrs yRS
Retired Civil Service (20)years
DAV(Disabled American Vets)Lifetime Mem. POSITION: Mate on Navy Tug Boats(Bremerton)
(Combat e eran Intemational Uh-5�--
WPA(WA Pilots Association) Bremerton COMPANY: USArmy10yrs-USCG10yrs-US Navy10yrs YRS
-Part-of Atner
Kltsap Aviation Squadron, Bremerton (VP) POSITION: Commander Skipper(CW03) US Army
In your words, what do you perceive is the role or purpose of the Board; Committee or Council for which you are applying:
The responsibilities of MTA Board Members are a team to benefit the community. It includes making informed
decisions tor the continued benefit of the Mason County Transitin serving the local people and the surrounding
community
What interests, skills do you wish to offer the Board, Committee,or Council?
I am a team player with zero agenda, and understand the significant responsibilty in serving my community.As an
elected Port of Allyn District#3 Commisioner,this is another opportunity to serve my community and the surrounding
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
As a Port of Allyn Commisioner,there is not a conflict of interest. This opportunity further broadens my service to the
community.
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such trainings? Yes
Realistically,how much time can you give to this position?
Quarte X Monthly X Weekly Daily
Office Use Only
12/27/202 Appointment Date
- Date
Term Expire Date
Cc:CMMRS Neatherlin, Shutty, Trask
Clerk )gat,rk-1 13/an e- inoe Ile
♦'eON Cpave MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
SHELTON WA 98584
Fax 360-427-8437, Voice 360-427-9670, Ex(. 419;275-4467 or 482-5269
1854 cc y
I AM SEEKING APPOINTMENT TO Jt —rra Sr- l
NAME:
ADDRESS: PHONE:
CITY//Z�IP: /� �
-----[--------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
RA_SOh
(ACTIVITIES OR MEMQERSHIP�i5�ri�1" COMPANY: C� 0�2� YRS
C��N� C�r►e�•7/
POSITION: CG�Y J�� -Al7
fib 1/�yjL COMPANY: l/ TorPSf y/ °P J U YRS
POSITION: ? !1!
G-- ------------------------
In your words,what do you erceive is the role or purpose of the Board, Committee or Council for which you are applying:
What interests, skills do you wish to offer the Board, Committee,or Council?
/V/1 U
Please list any financial, pro essional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential c nflict of interest) `
t L� lour wrt cip tion(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? qe5
Realistically,how much time can you .41-
s position?
Quarterly Month Weekly Daily
Office Use Only
Appointment Date
Signature Date
Term Expire Date
(43
Washin t State Licensing and Regulation
Washington PO Box 43098
Liquor and Cannabis Board Olympia WA 98504-3098
Phone—(360) 664-1600
Fax—(360) 753-2710
December 28, 2021
YNDH INC
9601 SOUTH TACOMA WAY STE 104
LAKEWOOD, WA 98499-4421
Re: DAYTON STORE
W7480 SHELTON-MATLOCK RD
SHELTON, WA 98584
LICENSE #352895 - 2N
UBI 604-823-688-001-0001
Your liquor license has been approved for the following: GROCERY STORE - BEER/WINE
This license is valid through December 31, 2022.
Effective January 1, 2020, the Washington State Liquor and Cannabis Board (WSLCB)
will no longer prorate license fees for the original issuance of a liquor
license. Engrossed Substitute House Bill 1557 requires WSLCB to set the expiration
date of the license to the last day of the calendar month that is twelve months from the
calendar month in which final approval of the license is granted. For example, if you
were approved for your license on March 15, 2021, you will pay the full amount of the
license fee and your license will be good until March 31, 2022.
Upon renewal, the expiration date of the license may subsequently be prorated as
necessary in accordance with chapter 19.02 RCW (Business Licensing).
For questions regarding the issuance of your liquor license, please contact our
customer service unit at (360) 664-1600.
For questions regarding the renewal process, please contact Business Licensing at
(360) 705-6741.
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.
GS B/W Letter Decisions 9/3/14
Page 2
License No.-352895
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.).
xalynn Gu66e/smo
Liquor Licensing Specialist
360-664-1671
cc: Southwest Enforcement
Mason County Commissioners
File
Washington Slate
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) 6644600
Fax: (360) 753-2710
Website: http://lcb.wa.gov
RETURN TO: localauthority@sp.lcb.wa.gov
DATE: 12/15/21
TO: MASON COUNTY COMMISSIONERS
RE:CHANGE OF CORPORATE OFFICERS/STOCKHOLDERS APPLICATION
UB I:603-337-713-001-0001 APPLICANTS:
License: 414111 -7A County:23 HIGH MAINTENANCE, LLC
Tradename:STONEHENGE GARDENS MELILLO, EDWARD M
Loc Addr: 470 NE TOONERVILLE DR BLDG 1 1957-01-02
BELFAIR,WA 98528-7705 MELILLO, DAPHNE L
(Spouse) 1966-04-09
Mail Addr: 7724 35TH AVE NE#15785 SLOOP, JAMES
SEATTLE,WA 98115 1980-08-12
NGUYEN, HUYNH HONG
Phone No: 253-666-3167 JAMES SLOOP253 1972-08-10
PHAM, HUONG THI
(Spouse) 1974-12-31
Privileges Applied For: iL
MARIJUANA PRODUCER TIER 2
MARIJUANA PROCESSOR
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
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of December 20,2021
Monday,December 20,2021
9:00 A.M. Sheriff s Office—Tami Beyer
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Tami discussed amending the fee resolution and the County Public Records Policy
due to the implementation of body warn cameras for redactions. Approved to move
forward.
9:10 A.M. County Administrator—Mark Neary
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Diane Zoren discussed the Hazard Mitigation Assistance program application for
funding to update the Mason County Multi-Jurisdictional Hazard Mitigation Plan.
The matching funds for the grant are in-kind consisting of staff time,materials,
equipment,and assistance from other participating jurisdictions. Approved to move
forward.
• Diane reviewed the Mason Transit Authority membership. This is a five-member
board appointed by the Commissioners. Three members completed their first term
and are willing to be reappointed one position needs to be filled. Approved to move
forward and solicit for all four positions.
• Diane shared the 2022 Boards,Councils,and Commissions assignments list. Cmmr.
Shutty suggested the Criminal Justice Working Team meet quarterly or as-needed
and for the representation on the Economic Development Council Board to rotate
with the Chair. Approved to move forward.
• Jennifer Beierle shared a request from the North Mason School District to recertify
their levy amount from$6,523,882.50 to$5,831,125. A new Resolution will be
needed to permit the recertification request directly to the County Assessor.
Approved to move forward.
• Todd Cannon discussed discontinuing the service of the Mason County's Foreign
Exchange line servicing Elma. This line has been nonfunctional for over six months.
Approved to move forward.
• Mark shared an alternative location for Facilities and Sheriff storage. The owner of
Mel's is no longer interested in leasing the space and would like to put the building
up for sale. The new location would be the old Del's Farm Supply located at 10432
SE State Route 3 in Shelton. Annual rent and utilities savings is estimated at$3,300
per year. The estimated cost of improvements needed to occupy the property would
be$30,000 from REET funds. Approved to move forward.
• Cmmr.Shutty discussed the letter received from the County Auditor's Office
regarding the missing budget for the Housing Authority and how that should be
addressed.
9:40 A.M. Indigent Defense—Peter Jones
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Peter shared a contract from Lexis Nexis to provide services to the Indigent Defense
office to mirror services already provided to the Prosecutor's Office. This is part of
the Union contract obligation and is already built into the budget. Approved to move
forward.
9:45 A.M. Therapeutic Courts—Renee Cullop
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Renee requested to post and hire for a Therapeutic Court Caseworker position.
There is no impact to the budget. Approved to move forward.
9:50 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Kell Rowen shared the Belfair Planned Action Environmental Impact Statement
(EIS)contract extension to go until March 30,2022. This will allow the consultant
to finalize the EIS and move forward to a Public Hearing. Approved to move
forward.
• Haley Foelsch discussed the Treasury Rent Assistance Program(T-RAP) 1.0 and
Eviction Rent Assistance Program(E-RAP)2.0 contract amendment intended to help
prevent evictions. This amendment is to close out T-RAP 1.0 and amend E-RAP 2.0
for the balance from the contract closure. Approved to move forward.
• Todd Parker discussed the press release for the Housing and Behavioral Health
Board's annual report. Approved to move forward.
• Dave discussed the vaccine clinic run by Mason Health on Friday night. The
projects for the Chehalis Basin are lined up and the presentation is done which
covers Water Resource Inventory Areas(WRIA)22 and 23. These projects include
beaver dam analogs and a managed aquifer recharge area and have been sent to
Ecology for funding approval.
10:15 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Richard Dickinson shared the Belfair Sewer Extension Project Workshop news
release to hold the workshop on Monday,January 10,2022 at 6:00 p.m.via Zoom.
Approved to move forward as a Public Hearing.
• Mike Collins briefly discussed the windstorm from the weekend.
Respectfully submitted,
McKenzie Smith,Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of January 3,2022
Monday, January 3,2022
9:00 A.M. Community Development—Dave Windom/Kell Rowen
Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom.
• Lisa Grueter and Kevin Gifford from BERK Consulting shared a presentation on the
Belfair Urban Growth Area(UGA)Subarea Plan Update and Planned Action
Environmental Impact Survey(EIS). This presentation included the planning history
and trends,a Planned Action timeline and schedule for Briefing and Public Hearing,
comment periods,summary of recent comments,draft EIS alternative zoning maps,
alternative no.3,Planned Action area options,Subarea Plan update,comprehensive
plan and code amendments,EIS findings and recommended mitigation,transportation,
and next steps. The final EIS will not have a comment period,but a response to all
previous comments is required. The Planning Advisory Commission recommends the
alternative no.3 hybrid. Cmmr.Neatherlin shared concerns regarding creating"two
Belfairs"and highlighting changes for the public. Cmmr. Shutty feels an impact fee
done in increments should be considered. Loretta Swanson shared that if the County
leads the project and covers 100%of the cost(grants,developer fees,etc.),the
schedule would not be impacted. However,if the Washington State Department of
Transportation partners in the project and shares in the costs,the schedule could be
affected. The Subarea Plan assumes a 20-year long-term plan. Urban growth will
require a connection to a sewer system. Cmmr.Trask requested all stakeholders be
included in the Public Hearing.
• Dave discussed the County's response to the Squaxin Island Tribe's letter on
December 8,2021. There are several attachments to address the specific concerns of
the Squaxin Island Tribe. Approved to move forward.
• Lydia Buchheit requested to fill the Community Health Specialist position that will be
vacated at the end of January. Approved to move forward.
• Lydia shared the Law Enforcement Assisted Diversion(LEAD)contract expansion to
continue services until June 30,2023. Approved to move forward.
9:40 A.M. Support Services—Mark Neary
Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom.
• Mark discussed the various chat options for meetings held via Zoom. The
Commission asked Mark to look into all options and bring this item back at the next
meeting.
• Tammi Wright shared an amendment to the State Homeland Security Program
(SHSP)Fiscal Year 2020 grant contract#E21-064. This amendment will reallocate
funds to new subprojects such as Unmanned Aerial Vehicle(UAV)enhancements
and fire pagers(NMRFA)and extend the end date from November 15,2021 to
November 15,2022. Approved to move forward.
• Mark discussed the potential legislative priorities for the upcoming 2022 legislative
session. Highlighted capital needs include Beards Cove water,Rustlewood water,
solid waste,Clifton Road,Roy Boad Road,and the State Route 3 freight corridor.
Additional policy level issues include continued funding efforts of the Foundational
Public Health Systems,support of House Bill 1333,the opportunity for the County to
receive a portion of marijuana revenue,modifications to House Bill 1310,and
support of funding opportunities for law enforcement coordination with behavior
health professionals. Cmmr.Neatherlin requested a presentation on what is and is
not working regarding law enforcement.
• Nichole Wilston asked to amend Resolution#2021-073 due to a scrivener's error.
The proposed amendment is to change the date from December 31,2021 to
December 31,2020 to read"... 4.All employees at their top step on 1213112020 will
Page I 1
receive the step increase on 11112022 and their anniversary date will change to
11112021; all other employees will move to their next step on their regular
anniversary date...". Approved to move forward.
10:10 A.M. Public Works/Utilities—Loretta Swanson
Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom.
• Richard Dickinson discussed the Memorandum of Understanding(MOU)between
SC Johnson,the City of Shelton,and Mason County for the Plastic Film Recycling
Pilot Program. This MOU amends the beginning and ending date to begin February
16,2022 and end August 16,2022. Approved to move forward.
• Mike Collins discussed Road Vacation No.410 to vacate two County easements—W
Walnut Street and Fourth Street. The recommendation is to approve with the
following provisions:payment of 50%of the appraised value of both easements,
relocation of the existing board fence to match the right of way along Third Street,
and for an easement for ingress and egress or any other purpose be retained in favor
of Mason County. The administration fee and appraised value fee have been paid.
Approved to move forward.
• Loretta shared an update on the snow and ice clean up.
10:25 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiations
Commissioners Neatherlin,Shutty,and Trask met with Mark Neary,Tim Whitehead,
Nichole Wilston,and Frank Pinter in a Closed Session for Labor Negotiations from
11:14 a.m.to 11:48 a.m.via Zoom.
Respectfully submitted,
McKenzie Smith,Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
Page 12
Board of Mason County Commissioners
Special Meeting Agenda
Commission Chambers
411 N 511 St, Shelton, WA 98584
January 5,2022
(!R) 3:00 p.m.
1. Call to Order—The Chairperson called the special meeting to order at 3:00 p.m.
2. Roll Call—Present:Present:Commissioner District 1 —Randy Neatherlin;Commissioner District
2—Kevin Shutty;Commissioner District 3—Sharon Trask.
3. Actions to Consider—Approval of a Resolution to declare a County-wide state of emergency,
authorize the use of County resources to assist the community,activate emergency resources
including CERT groups,and approval for the County Administrator to sign any necessary
agreements in response to the emergency.
Mark Neary shared that beginning December 26,2021,the effects of a snow storm and record low
temperatures have caused a disaster by creating and/or threatening extensive damages in parts of
Mason County. Extensive damage has occurred and/or is still occurring to County infrastructure
including roads,bridges,private roads,homes,businesses,and farm lands. Persons and properties
are and will be damaged unless further efforts are taken to reduce the threat to life and property.
There is currently an emergency present which necessitates activation of the Mason County
Comprehensive Emergency Plan and utilization of emergency powers granted pursuant to RCW
36.40.180 and RCW 38.52.070(2). It is hereby declared that there is an emergency/disaster due to
the conditions in Mason County;therefore,designated departments are authorized to enter into
contracts and incur obligations necessary to combat such emergency to protect the health and
safety of persons and property,and to provide emergency assistance to the victims of such
disasters. Each designated department is authorized to exercise the powers vested under Section 1
in Resolution No.2022-01,in light of the demands of an extreme emergency situation without
regard to time-consuming procedures and formalities prescribed by law(excepting mandatory
constitutional requirements). The emergency authority granted under the aforementioned
Resolution shall expire fourteen(14)days from January 5,2022.
Cmmr.Shutty/Trask moved and seconded to approve the Resolution to declare a County-
wide state of emergency,authorize the use of County resources to assist the community,
activate emergency resources including CERT groups,and approval for the County
Administrator to sign any necessary agreements in response to the emergency. Motion
carried unanimously. N-aye; S-aye;T-aye.
4. Adjournment—the meeting adjourned at 3:06 p.m.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board
Randy Neatherlin, Chair
Kevin Shutty,Commissioner
Sharon Trask,Commissioner
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: January 4, 2022 Agenda Item # e. ►
(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 # 8085057-8085299 $ 4,711,714.67
Direct Deposit Fund Warrant # 83321-83714 $ 838,425.74
Salary Clearing Fund Warrant # 7006354-7006380 $ 539,836.42
Treasurer Electronic Remittance $
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 $ 45,200,127.01
Direct Deposit YTD Total $ 18,569,764.15
Salary Clearing YTD Total $ 18,308,631.10
Approval of Treasure Electronic Remittances YTD Total $ 18,538,053.48
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants
Claims Clearing Fund Warrant# 8085057-8085299 $ 4,711,714.67
Direct Deposit Fund Warrant # 83321-83714 $ 838,425.74
Salary Clearing Fund Warrant # 7006354-7006380 $ 539,836.42
Treasurer Electronic Remittance $
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file
with Clerk of the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Tammi Wright Action Agenda X
Public Hearing
Other
DEPARTMENT: Department of Emergency EXT: 800
Management
DATE: 1/4/2022 Agenda Item # .2
Commissioner staff to complete)
BRIEFING DATE: 12/20/2021
BRIEFING PRESENTED BY: Tammi Wright
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
Item:
WA-DR-4539 Hazard Mitigation Assistance program application for funding to update
the Mason County Multi-Jurisdictional Hazard Mitigation Plan.
Background:
In November 2020 DEM submitted our Hazard Mitigation Assistance (HMA) program
application under the FEMA-4359-DR-WA (January 20 — February 10, 2020 Severe
Storms, Flooding, Landslides and Mudslides disaster) to WA State Emergency
Management Division (EMD) for funding to assist us with updating our Multi-
Jurisdictional Hazard Mitigation Plan. If awarded, we will be utilizing the grant funds to
update our current Multi-Jurisdictional Hazard Mitigation Plan as has been done in the
past (2018).
The federal share of the grant award for this project is 75% of the total ($85,000)
with the remaining 25% being split (12.5% each) between the State and Mason
County. Mason County will be utilizing local in-kind contributions to meet our 12.5%
match (no hard dollar match needed). This local in-kind match will consist of staff
time, materials, equipment and assistance from other participating jurisdictions.
The local Hazard Mitigation Plan update will include:
• Development of additional hazard mitigation goals and priorities.
• Updated mapping to include identified hazard impact areas.
• Re-evaluation of the hazards and vulnerabilities in the county.
The outcomes from this activity will include:
• Development of additional community partnerships.
• Enhance community involvement in the plan.
• Development of mitigation projects to be considered for implantation.
Under the Disaster Mitigation Act of 2000, state, tribal and local governments must
develop a hazard mitigation plan as a condition for receiving certain types of non-
emergency disaster assistance through the Hazard Mitigation Assistance Program.
During the 2018 plan update Emergency Management secured the services of
Bridgeview Consulting, LLC through a competitive Request for Qualifications process to
assist in the plan development and will need contract again with Bridgeview
Consulting, LLC. This contractor is very familiar with the plan and given the shortened
funding timeline, we need to get the consultant on board as quickly as possible. The
grant funding, minus the local match ($10,625) will be used to pay the contractor
($74,375).
On December 2, 2021 we received an email from WA State EMD requesting more
information in order to move the application forward. While gathering the additional
information I was unable to find evidence that this had been briefed prior to
submitting the application. Along with the additional information the State is
requesting a Match Commitment letter and a signed FF-112-0-3C"Certification
regarding Lobbying...and Drug-Free Workplace"form.
Cost Impact to the County:
If the County is awarded the grant funding there will be an increase in revenue for
Emergency Management ($74,375) that will be equal to the expense for the
consultant. The matching funds for the grant will come from in-kind match consisting
of staff time, materials, equipment and assistance from other participating
jurisdictions.
Approval to:
Approval to proceed with the application process for grant funding.
Attachment:
Match Commitment Letter
Debarment Form
11+b�oN co
January 4, 2022
1854
Tim Cook, State Hazard Mitigation Officer
Washington State Emergency Management Division
MASON COUNTY 20 Aviation Drive #20
BOARD Camp Murray, WA 98430
OF
COMMISSIONERS RE: Mason County Multi-Jurisdictional Hazard Mitigation Plan
Update - Subapplication Local Match Commitment Letter
1ST District Dear Mr. Cook:
RANDY NEATHERLIN
As part of the Hazard Mitigation Grant process, a local funding
2nd District match is required. This letter serves as Mason County's
KEVIN SHUTTY commitment to meet the local match fund requirements for the
3,d District Hazard Mitigation Assistance (HMA) program. The local matching
SHARON TRASK fund requirement will be made through a commitment of up to
$10,625 for the grant.
The match will come from local materials and supplies as well as
Mason County Building 1 local staff time (in-kind).
411 North Fifth Street Please contact Tammi Wright at tammiw@masoncountywa.gov or
Shelton, WA 98584-3400 (360) 427-9670 ext. 800 or with any questions.
(360)427-9670 ext. 419 Sincerely,
(360)275-4467 ext. 419
(360)482-5269 ext. 419 Randy Neatherlin, Chair
Fax(360)427-8437 Mason County Commissioners
HMGP Planning Grant Application
Mason County Multi-Jurisdiction Hazard Mitigation Plan-Update(County+'S-7 Planning Partners)
Estimated Costs
Unit
Phase Task Bugget Class Quantity Unit Measure Unit Cost Cost Estimate
1:Pre-award costs;grant prep;Solicit Contact Consultant Personnel(in-kind) 12 Hours $0.00 $0.00
1A:Organize Planning Team and Resources,Coordination with
other agencies Personnel(in-kind) 38 Hours $0.00 $0.00
1A:Organize Planning Team and Resources Contractural 50 Hours $115.00 $5,750.00
1 16:Plan Review Personnel(in-kind) 32 Hours $0.00 $0.00
18:Plan and Document Review Contractural 80 Hours $115.00 $9,200.00
1C:Coordination with Other Agencies Contractural 50 Hours $115.00 $5,750.00
1D:Recommend/Initiate Changes Personnel(in-kind) 45 Hours $0.00 $0.00
1D:Recommend/Initiate Changes,Template Development,Annex
Development,Transfer of Data,old plan to new Contractural 100 Hours $115.00 $11,500.00
2A:HAZUS-MH Analysis Contractural 30 Hours $105.00 5;,1"0 Of)
2A:HAZUS-MH Analysis Personnel(in-kind) 45 Hours $0.00 >(''m
2 26:Update non-HAZUS Hazards Contractural 30 Hours $105.00 5 t50.00
26:Update non-HAZUS Hazards Personnel(in-kind) 45 Hours $0.00 SO.uu
2C:Mapping,Charts,Graphs Contractural 30 Hours $105.00 S?,1 0.00
3A:Public Meetings Personnel(in-kind) 40 Hours $0.00 $0.00
3 3A:Public Meetings Contractural 30 Hours $115.00 $3,450.00
36:Press releases/Public notices/Survey Contractural 20 Hours $115.00 $2,300.00
3C:Website Personnel(in-kind) 20 Hours $0.00 $0.00
4A:Strategy Dev./Update/Prioritization/Finalize 1st Draft
Update/Capabilities Update/Goals,Objectives, Contractural 166 Hours $115.00 $19,090.00
4 4A:Template Completion Personnel(in-kind) 90 Hours $0.00 $0.00
413:Technical Edit/Format Contractural 35 Hours $105.00 $3,675.00
4C:Plan review crosswalk Contractural 8 Hours $115.00 $920.00
5 SA:Plan Adoption Personnel(in-kind) 45 Hours $0.00 � ��
5A:Plan Adoption Contractural 20 Hours $115.00
6A:Financial Management Personnel(in-kind) 10 Hours $0.00 $0.00
6 6A:Financial/Project Management/Asst.with Quarterly Reports Contractural 10 Hours $100.00 $1,000.00
6B:Project Management Personnel(in-kind) 10 Hours $0.00 $0.00
Totals for Project 1091 $74,385.00
Total Personnel Costs(For planning purposes-all in-kind match) 422 $0.00
Total Contractural Costs 669 $ 74,385
Funding Source — Non-Federal Match
The state Hazard Mitigation Grant Program offers cost-share grants payable on a reimbursement basis.
Jurisdictions must have sufficient resources to provide the required non-federal match and cover any cost
overruns related to completing the proposed Scope of Work.
The federal share is 75%of the total, eligible costs.The non-federal cost share is 25%. In some instances,
the state will split the non-federal share between the state (12.5%)and the applicant(12.5%). If this state
match is available, applicants will be notified during the Pre-Application step of the HMGP round.
Source of Funds
Federal 75% $ 63,750
State 12.5% $ 10,625
Local 12.5% $ 10,625
$85,000
Third Party In-Kind Contributions:The applicant share can include in-kind contributions(i.e.donations)of
staff time and/or volunteers, equipment use or rental, donated materials, etc. Any portion of the non-
federal share to be met through Third Party In-Kind Contributions must be identified in the table below
and will be considered when processing reimbursement requests following the grant award.
Local (Applicant) Match Detail
Cash Match $ Click to enter
Local Materials and/or Supplies $ 2,625
Local Staff Time $8,000
Third Party In-Kind Donations $ Click to enter
Other $ Click to enter
Total 12.5%Applicant Cost Share $10,625
Additional comments: Click to enter
131Page
<LETTERHEAD>
December 6, 2021
Tim Cook, State Hazard Mitigation Officer
Washington State Emergency Management Division
20 Aviation Drive #20
Camp Murray, WA 98430
RE: Mason County Multi-Jurisdictional Hazard Mitigation Plan Update - Subapplication
Local Match Commitment Letter
Dear Mr. Cook:
As part of the Hazard Mitigation Grant process, a local funding match is required. This
letter serves as Mason County's commitment to meet the local match fund requirements
for the Hazard Mitigation Assistance (HMA) program. The local matching fund
requirement will be made through a commitment of up to $10,625 for the grant.
The match will come from local materials and supplies as well as local staff time (in-
kind).
Please contact Tammi Wright at tammiw@masoncountywa.gov or (360) 427-9670 ext.
800 or with any questions.
Sincerely,
<Add Signature of Authorized Agent>
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE O.M.B NO. 1660-0025
REQUIREMENTS Expires September 30,2017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 1.7 hours per response.The burden estimate includes the time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing,and submitting the form.This
collection of information is required to obtain or retain benefits.You are not required to submit to this collection of information unless it displays
a valid OMB control number.Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to:
Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency,500 C Street SW,
Washington, DC 20472-3100,and Paperwork Reduction Project(1660-0025).NOTE: Do not send your completed form to this address.
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.Applicants should also
review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance
with certification requirements under 44 CFR Part 18,"New Restrictions on Lobbying"and 28 CFR Part 17,"Government-wide Debarment and
Suspension(Non procurement)and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a
material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency(FEMA)determines to
award the transaction,grant,or cooperative agreement.
1.LOBBYING (a)Are not presently debarred,suspended,proposed for debarment,
declared ineligible,sentenced to a denial of Federal benefits by a State or
As required by section 1352,Title 31 of the U.S. Code,and Federal court,or voluntarily excluded from covered transactions by any
implemented at 44 CFR Part 18,for persons entering into a grant Federal department or agency;
or cooperating agreement over$100,000,as defined at 44 CFR
Part 18,the applicant certifies that: (b)Have not within a three-year period preceding this application been
convicted of a or had a civilian judgment rendered against them for
(a)No Federal appropriated funds have been paid or will be paid, commission of fraud or a criminal offense in connection with obtaining,
by or on behalf of the undersigned,to any person for influencing or attempting to obtain,or perform a public a public(Federal ,State,or local)
attempting to influence an officer or employee of any agency,a transaction or contract under a public transaction;violation of Federal or
Member of Congress,an officer or employee of Congress,or an State antitrust statutes or commission of embezzlement,theft,forgery,
employee of a Member of Congress in connection with the making bribery,falsification or destruction of records,making false statements,or
of any Federal grant,the entering into of any cooperative receiving stolen property;
agreement,and the extension,continuation, renewal,amendment, (c)Are not presently indicted for otherwise criminally or civilly charged
or modification of any Federal grant or cooperative agreement. by a governmental entity(Federal,State,or local)with commission of any
of the offenses enumerated in paragraph(1)(b)of this certification;and
(b)If any other funds than Federal appropriated funds have been (d)Have not within a three-year period preceding this application had
paid or will be paid to any other person for influencing or one or more public transactions(Federal,State,or local)terminated for
attempting to influence an officer or employee of any agency,a cause of default;and
member of Congress,an officer or an employee of Congress,or
employee of a member of Congress in connection with this B.Where the applicant is unable to certify to any of the statements in this
Federal Grant or cooperative agreement,the undersigned shall certification,he or she shall attach an explanation to this application.
complete and submit Stand Form-LLL,"Disclosure of Lobbying 3. DRUG-FREE WORKPLACE(GRANTEE OTHER THAN
Activities,"in accordance with its instructions. INDIVIDUALS)
c)The undersigned shall require that the language of this
certification be included in the award documents for all subawards As required by the Drug-Free Workplace Act of 1988,and implemented at
at all tiers(including subgrants, contracts under grants and 44 CFR Part 17,Subpart F,for grantees,as defined at 44 CFR Part
cooperative agreements,and subcontracts)and that all 17.615 and 17.620-
subrecipients shall certify and disclose accordingly.
A. The applicant certifies that it will continue to provide adrug-free
Standard Form-LLL"Disclosure of Lobbying Activities" workplace by;
❑ attached (a)Publishing a statement notifying employees that the unlawful
(This form must be attached to certification if non- manufacture,distribution,dispensing, possession,or use of a controlled
appropriated funds are to be used to influence activities.) substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
2. DEBARMENT,SUSPENSION,AND OTHER prohibition;
RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
(b)Establishing an ongoing drug free awareness program to inform
As required by Executive Order 12549, Debarment and employees about-
Suspension,and implemented at 44 CFR Part 67,for prospective (1)The dangers of drug abuse in the workplace;
participants in primary covered transactions,as defined at 44 CFR
Part 17,Section 17.510-A.
(2)The grantee's policy of maintaining adrug-free workplace;
A.The applicant certifies that it and its principals:
FEMA Form 112-0-3C(9/14) Master Page 1 of 2
(3)Any available drug counseling,rehabilitation, (2)Requiring such an employee to participate satisfactorily in a
and employee assistance programs;and drug abuse assistance or rehabilitation program approved for such
purposes by a Federal,State,or local health, law enforcement,or other
(4)The penalties that may be imposed upon employees appropriate agency;
for drug abuse violations occurring in the workplace;
(g)Making a good faith effort to continue to maintain a drug free workplace
(c)Making it a requirement that each employee to be engaged in through implementation of paragraphs(a),(b),(c),(d),
the performance of the grant to be given a copy of the statement (e)and(f).
required by paragraph(a);
B. The grantee may insert in the space provided below the site(s) for the
(d)Notifying the employee in the statement required by paragraph performance of work done in connection with the specific grant:
(a)that,as a condition of employment under the grant,the
employee will-
(1)Abide by the term of the statement;and
(2)Notify the employee in writing of his or her conviction Place of Performance(Street address,City,County,State,Zip code)
for a violation of a criminal drug statute occurring ion the
workplace no later than five calendar days after such convictions;
(e)Notifying the agency,in writing,within 10 calendar days after
receiving notice under subparagraph(d)(2)from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice,including position,title,
to the applicable FEMA awarding office,i.e., regional office or
FEMA office.
(f)Taking one of the following actions,within 30 calendar days of
receiving notice under subparagraph(d)(2),with respect to any
employee who is convicted- There are workplaces on file that are not identified
(1)Taking appropriate personnel action against such an Sections 17.630 of the regulations provide that a grantee that is a
employee,up to and including termination,consistent with the State may elect to make one certification in each Federal fiscal year.
requirements of the Rehabilitation act of 1973,as amended;or A copy of which should be included with each application for FEMA
funding.States and State agencies may elect to use a state wide
certification.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION DATE SUBMITTED
FEMA Form 112-0-3C(9/14) Master Page 2 of 2
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Nichole Wilston Action Agenda X_
Other
DEPARTMENT: Human Resources EXT: 643
COMMISSION MEETING DATE: 1/10/2022 Agenda Item # 8.3
(Commissioner staff to
complete)
BRIEFING DATE: 1/3/2022
BRIEFING PRESENTED BY: Nichole Wilston
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval to amended resolution to correct a scrivener's error made to Resolution 2021-
073 and add the newly approved position of Public Records Coordinator at a range 21.
Background:
A scrivener's error was identified in Resolution 2021-073 in the description of how the
salary table will be applied to those non-represented employees who may be at their top
step. Number four (4) of how the amended Non-Represented Salary Table is applied to
employees who were at their top step currently states: "... 4. all employees at their top
step on 12/31/2021 will receive the step increase on 1/1/2022 and their anniversary date
will change to 1/1/2021; all other employees will move to their next step on their regular
anniversary date..."
The way the resolution is currently written, all non-represented employees who may
have reached their top step within the 2021 year, would receive an additional step
increase on 1/1/2022, which is not the intention. The intention of (4) was for employees
who have been at the top step for at least one (1) year to receive a step increase.
To correct the scrivener's error, the proposed amendment is to change the date from
12/31/2021 to 12/31/2020 to read: "...4. all employees at their top step on 1213112020
will receive the step increase on 11112022 and their anniversary date will change to
11112021; all other employees will move to their next step on their regular anniversary
date;..."
Adding the newly approved position of Public Records Coordinator at a range 21.
RECOMMENDED ACTION:
Approval to amended resolution to correct a scrivener's error made to Resolution 2021-
073 and add the newly approved position of Public Records Coordinator at a range 21.
Attachment:
Amended Resolution
RESOLUTION NO.
AMENDING RESOLUTION NO. 2021-073 TO CREATE, POST AND FILL A PUBLIC RECORDS
COORDINATOR AT A SLARY RANGE 21, AND TO CORRECT A SCRIVENER'S ERROR ON HOW
THE SALARY TABLE WILL BE APPLIED TO THE NON-REPRESENTED EMPLOYEES.
WHEREAS, RCW 36.16.070 states that ... The Board shall fix the compensation of all employees...;
and
WHEREAS, The Board, has approved to create, post, and fill a Public Records Coordinator at Salary
Range 21 on the Non-Represented Salary Scale; and
WHEREAS, consistent with Board Resolution No. 2020-76, the Board will continue to allow step
increases for Non-Represented employees, consistent with policy; and
NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners does hereby
revise the Non-Represented Salary Scale Range Alignment approving the reclassification of District Court
Administrator from Salary Range 35 to a Chief District Court Administrator at Salary Range 41, and place
the incumbent at Step 5, effective November 16, 2021, on the current 2021 Non-Represented Salary
Scale; and (Attachment A)
NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners does hereby
revise the Non-Represented Salary Scale Range Alignment approving to create, post and fill a Public
Records Coordinator position at a Salary Range 21 and, effective January 1, 2022, the Board of County
Commissioners does hereby amend the Non-Represented Salary Table to a new salary table to be
followed as described below:
1. all current employees in Step 0 and Step 1 will upon their next anniversary date move to the next
highest step in the new table that gives them the five percent (5%) increase;
2. step 0 will be recorded at Step 1 and all successive steps will increment by one (1) step number;
3. step modifications will be effective 1/1/2022;
4. all employees at their top step on 12/31/2020 will receive the step increase on 1/1/2022 and their
anniversary date will change to 1/1/2021; all other employees will move to their next step on their regular
anniversary date;
5. all non-represented employees hired after the date of this modification will be based on the new
range table structure and receive incremental step increases on their hire anniversary date.
DATED this day of January 2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead, Chief DPA
Sharon Trask, Commissioner
Page 1
RESOLUTION NO. '�(A k _�
AMENDING RESOLUTION NO. 2021-069 TO REVISE THE NON-REPRESENTED SALARY
SCALE RANGE ALIGNEMENT TO RECLASSIFY THE DISTRICT COURT ADMINISTRATOR
FROM SALARY RANGE 35 TO CHIEF DISTRICT COURT ADMINISTRATOR AT SALARY
RANGE 41 AND BY APPROVING A NEW WAGE SCALE WITH ADDED STEPS AND A 1.75%
GENERAL WAGE INCREASE EFFECTIVE JANUARY 1, 2022.
WHEREAS, RCW 36.16.070 states that ... The Board shall fix the compensation of all
employees...; and
WHEREAS, The Board, has approved to reclassify the District Court Administrator from Salary
Range 35 to a Chief District Court Administrator at Salary Range 41, and place the incumbent at Step
5, effective November 16, 2021, on the current 2021 Non-Represented Salary Scale, and
WHEREAS, the Board has determined that a 1.75% general wage increase for all Non-Represented
employees to maintain parity with recommended increases proposed for the members of the current
Collective Bargaining Agreements within the County; and
WHEREAS, the Board has identified the Non-Represented employees of Mason County were below
comparable salary ranges within Washington State by a factor of minus ten percent (-10%) to minus
twenty percent (-20%); and
WHEREAS, consistent with Board Resolution No. 2020-76, the Board will continue to allow step
increases for Non-Represented employees, consistent with policy; and
NOW,THEREFORE BE IT RESOLVED,that the Board of County Commissioners does hereby revise
the Non-Represented Salary Scale Range Alignment approving the reclassification of District Court
Administrator from Salary Range 35 to a Chief District Court Administrator at Salary Range 41, and
place the incumbent at Step 5, effective November 16, 2021, on the current 2021 Non-Represented
Salary Scale, and (Attachment A)
NOW, THEREFORE BE IT RESOLVED, effective January 1, 2022, the Board of County
Commissioners does hereby amend the Non-Represented Salary Table to a new salary table to be
followed as described below:
1. all current employees in Step 0 and Step 1 will upon their next anniversary date move to the
next highest step in the new table that gives them the five percent (5%) increase;
2. step 0 will be recorded at Step 1 and all successive steps will increment by one (1) step number;
3. step modifications will be effective 1/1/2022;
4. all employees at their top step on 12/31/2021 will receive the step increase on 1/1/2022 and
their anniversary date will change to 1/1/2021; all other employees will move to their next step on
their regular anniversary date;
5. all non-represented employees hired after the date of this modification will be based on the new
range table structure and receive incremental step increases on their hire anniversary date, and
NOW, THEREFORE BE IT RESOLVED, the Board of County Commissioners does hereby amend
the Non-Represented Salary Table by 1.75% general wage increase effective January 1, 2022.
(Attachment B)
Printed From Mason County DM` Pagell
Printed from Mason County DMS
DATED this day of November 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY. WASHINGTON
_ Rand Neathe Chair
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM: Kevin Shu ty, Pmmissioner
_ -Sharon Trask', Commissioner
Tim Whitehead, Chief DPA
Printed From Mason County DMS Page 2
Printed from Mason County DMS
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
47 County Administrator 3601
46 Community Services Director 1015
Public Works & Utilities Director 4005
Undersheriff 3000
Human Resources Director 2900
44 Deputy Director Public Works/Utilities &Waste Mgmt 4010
County Engineer 4008
43 Chief Public Defender 1160
Chief Criminal Deputy 3002
Chief Jail 3003
Chief Superior Court Administrator 4650
41 Jail Lieutenant 3005
Chief District Court Administrator 1180
40 Engineering and Construction Manager 4030
Central Services Manager 1153
Community Development Administrator
39 Chief Finance Officer 2000
Budget & Finance Manager 1155
38 DEM/IT/Parks & Trails Manager 2059
Water &Wastewater Manager 4015
Chief Civil Deputy 3001
County Surveyor 4058
Facilities Manager 2058
35 District Court Administrator 1180
Juvenile Court Services Deputy Administrator 1052
34 Road Operations & Maintenance Manager 4021
33 Engineer III 4033
Personal Health Manager 2171
Environmental Health Manager 2169
32 Project Support Services Manager 4201
31 Public Works Finance Manager 2011
30 Engineering & Construction Assistant Manager 4029
Page I 1 of 2
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
29 Equipment Maintenance Supervisor 4080
Finance Manager 2010
Road Operations & Maintenance Supervisor 4022
Chief Deputy Treasurer 1139
Human Resources/Risk Manager 1154
Chief Deputy Assessor 1099
Administrative Manager 2149
Chief Deputy Clerk 1108
Juvenile Detention Manager 3800
28 Engineer II 4032
27 Elections Superintendent 1080
26 Engineer 1 4031
25 Program Manager 1 2200
Therapeutic Court Program Manager 2199
23 Public Works Office Administrator 2045
21 Financial Analyst
Risk & Safety Compliance Manager 1057
Personnel Analyst 1152
Noxious Weed Coordinator 2226
Personnel & Risk Analyst 4230
Public Records Coordinator 3602
20 Office Manager 2040
19 Official Court Recorder/Judicial Assistant 1193
Official Court Recorder/Family Law Facilitator 1192
Clerk of the Board/Records Specialist 1056
Administrative Clerk 1055
17 Administrative Assistant 1040
13 Administrative Secretary 1046
Legal Secretary 2152
Victim/Witness Advocate 2154
11 Senior Deputy Coroner 3071
10 Receptionist/Secretary 2041
Therapeutic Courts Caseworker 1185
1 Central Shop Assistant 4099
Page 12 of 2
Attachment B
Non-Represented Salary Range Alignment
RANGE ENTRY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX ANNUAL
ANNUAL
47 $146,121.55 $12,176.80 $12,481.22 $ 12,793.25 $ 13,113.08 $ 13,440.90 $13,7 66.93 $14,121.35 $14,474.38 $ 14,655.31 $ 14,838.50 $ 178,062.06
46 $120,298.78 $10,024.90 $10,282.00 $ 10,545.63 $ 10,815.98 $ 11,093.35 $11,377.75 $11,662.19 $11,953.74 $ 12,103.17 $ 12,254.46 $ 147,053.47
45 $ 97,981.10 $ 8,165.09 $ 8,369.22 $ 8,572.05 $ 8,786.35 $ 9,001.86 $ 9,226.95 $ 9,458.11 $ 9,692.85 $ 9,814.01 $ 9,936.68 $ 119,240.20
44 $ 95,626.03 $ 7,968.84 $ 8,168.06 $ 8,368.53 $ 8,577.74 $ 8,787.52 $ 9,006.63 $ 9,231.76 $ 9,462.91 $ 9,581.20 $ 9,700.96 $ 116,411.57
43 $ 93,285.62 $ 7,773.80 $ 7,968.15 $ 8,162.71 $ 8,366.78 $ 8,570.81 $ 8,786.34 $ 9,004.22 $ 9,230.56 $ 9,345.94 $ 9,462.76 $ 113,553.15
42 $ 91,103.69 $ 7,591.97 $ 7,781.77 $ 7,971.28 $ 8,170.56 $ 8,368.53 $ 8,579.23 $ 8,793.54 $ 9,012.65 $ 9,125.31 $ 9,239.37 $ 110,872.48
41 $ 88,850.22 $ 7,404.18 $ 7,589.29 $ 7,773.80 $ 7,968.15 $ 8,163.85 $ 8,367.35 $ 8,576.83 $ 8,791.14 $ 8,901.03 $ 9,012.29 $ 108,147.49
40 $ 86,755.47 $ 7,229.62 $ 7,410.36 $ 7,591.97 $ 7,781.77 $ 7,970.04 $ 8,169.93 $ 8,374.59 $ 8,584.06 $ 8,691.36 $ 8,800.00 $ 105,600.00
39 $ 84,631.91 $ 7,052.66 $ 7,228.98 $ 7,406.65 $ 7,591.81 $ 7,776.24 $ 7,970.04 $ 8,169.93 $ 8,374.59 $ 8,479.28 $ 8,585.27 $ 103,023.22
38 $ 82,609.44 $ 6,884.12 $ 7,056.22 $ 7,228.42 $ 7,409.13 $ 7,589.59 $ 7,781.05 $ 7,972.42 $ 8,173.50 $ 8,275.66 $ 8,379.11 $ 100,549.33
37 $ 80,586.73 $ 6,715.56 $ 6,883.45 $ 7,051.44 $ 7,227.72 $ 7,405.41 $ 7,589.59 $ 7,779.85 $ 7,973.64 $ 8,073.31 $ 8,174.23 $ 98,090.71
36 $ 78,665.12 $ 6,555.43 $ 6,719.31 $ 6,884.12 $ 7,056.22 $ 7,228.42 $ 7,410.21 $ 7,595.68 $ 7,785.83 $ 7,883.15 $ 7,981.69 $ 95,780.29
35 $ 76,772.57 $ 6,397.71 $ 6,557.66 $ 6,717.94 $ 6,885.89 $ 7,053.86 $ 7,229.62 $ 7,411.39 $ 7,596.86 $ 7,691.82 $ 7,787.97 $ 93,455.60
34 $ 74,952.06 $ 6,246.01 $ 6,402.16 $ 6,556.67 $ 6,720.58 $ 6,885.32 $ 7,057.46 $ 7,234.43 $ 7,415.05 $ 7,507.74 $ 7,601.59 $ 91,219.04
33 $ 73,117.14 $ 6,093.10 $ 6,245.42 $ 6,397.71 $ 6,557.66 $ 6,717.94U6,885.32 $ 7,057.46 $ 7,234.43 $ 7,324.86 $ 7,416.42 $ 88,996.99
32 $ 71,398.22 $ 5,949.85 $ 6,098.60 $ 6,247.21 $ 6,403.39 $ 6,557.85 $ 6,890.10 $ 7,062.30 $ 7,150.58 $ 7,239.97 $ 86,879.59
31 $ 69,607.01 $ 5,800.58 $ 5,945.60 $ 6,091.91 $ 6,244.21 $ 6,396.51 $ 6,720.32 $ 6,888.90 $ 6,975.01 $ 7,062.20 $ 84,746.42
30 $ 67,988.21 $ 5,665.68 $ 5,807.33 $ 5,948.63 $ 6 097.35 $ 6,246.01 $ 6,560.23 $ 6,725.15 $ 6,809.21 $ 6,894.33 $ 82,731.90
29 $ 66,341.81 $ 5,528.48 $ 5,666.70 $ 5,802.97 $ 5,948.04 $ 6,093.10 $ 6,402.50 $ 6,562.65 $ 6,644.68 $ 6,727.74 $ 80,732.91
28 $ 64,752.07 $ 5,396.01 $ 5,530.91 $ 5,665.68 $ 5,807.33 $ 5,948.63 $ 6,250.83 $ 6,407.34 $ 6,487.43 $ 6,568.52 $ 78,822.30
27 $ 63,177.71 $ 5,264.81 $ 5,396.43 $ 5,527.28 $ 5,665.47 $ 5,801.76 $ 5,948.63 $ 6,096.70 $ 6,248.45 $ 6,326.55 $ 6,405.63 $ 76,867.62
26 $ 61,675.15 $ 5,139.60 $ 5,268.09 $ 5,396.01 $ 5,530.91 $ 5,665.68 $ 5,805.37 $ 5,952.23 $ 6,101.54 $ 6,177.81 $ 6,255.03 $ 75,060.39
25 $ 60,158.18 $ 5,013.18 $ 5,138.51 $ 5,263.57 $ 5,395.16 $ 5,526.12 $ 5,664.50 $ 5,804.19 $ 5,951.03 $ 6,025.42 $ 6,100.74 $ 73,208.85
24 $ 58,742.55 $ 4,895.21 $ 5,017.59 $ 5,139.60 $ 5,268.09 $ 5,396.01 $ 5,530.89 $ 5,668.13 $ 5,811.41 $ 5,884.05 $ 5,957.60 $ 71,491.25
23 $ 57,297.13 $ 4,774.76 $ 4,894.13 $ 5,013.18 $ 5,138.51 $ 5,263.57 $ 5,396.01 $ 5,530.89 $ 5,668.13 $ 5,738.98 $ 5,810.71 $ 69,728.58
22 $ 55,939.87 $ 4,661.66 $ 4,778.20 $ 4,895.21 $ 5,017.59 $ 5,140.82 $ 5,268.39 $ 5,399.63 $ 5,534.49 $ 5,603.67 $ 5,673.71 $ 68,084.58
21 $ 54,566.98 $ 4,547.25 $ 4,660.93 $ 4,774.76 $ 4,894.13 $ 5,014.40 $ 5,139.60 $ 5,267.21 $ 5,398.45 $ 5,465.93 $ 5,534.25 $ 66,411.03
20 $ 53,252.45 $ 4,437.70 $ 4,548.65 $ 4,660.43 $ 4,776.95 $ 4,893.99 $ 5,015.58 $ 5,142.00 $ 5,269.61 $ 5,335.48 $ 5,402.18 $ 64,826.11
19 $ 51,966.25 $ 4,330.52 $ 4,438.78 $ 4,547.25 $ 4,660.93 $ 4,774.76 $ 4,895.21 $ 5,016.78 $ 5,143.22 $ 5,207.51 $ 5,272.60 $ 63,271.23
18 $ 50,738.66 $ 4,228.22 $ 4,333.93 $ 4,438.90 $ 4,549.88 $ 4,661.66 $ 4,777.20 $ 4,897.61 $ 5,019.23 $ 5,081.97 $ 5,145.49 $ 61,745.89
17 $ 49,496.17 $ 4,124.68 $ 4,227.80 $ 4,331.72 $ 4,440.01 $ 4,548.49 $ 4,662.88 $ 4,778.40 $ 4,898.81 $ 4,960.05 $ 5,022.05 $ 60,264.61
16 $ 48,311.31 $ 4,025.94 $ 4,126.59 $ 4,228.22 $ 4,333.93 $ 4,438.90 $ 4,550.89 $ 4,664.08 $ 4,779.58 $ 4,839.33 $ 4,899.82 $ 58,797.85
15 $ 47,141.10 $ 3,928.43 $ 4,026.64 $ 4,125.88 $ 4,229.03 $ 4,330.52 $ 4,437.70 $ 4,547.25 $ 4,661.66 $ 4,719.93 $ 4,778.93 $ 57,347.11
14 $ 46,000.44 $ 3,833.37 $ 3,929.20 $ 4,024.76 $ 4,125.38 $ 4,225.82 $ 4,331.72 $ 4,440.11 $ 4,552.09 $ 4,608.99 $ 4,666.61 $ 55,999.26
13 $ 44,887.38 $ 3,740.61 $ 3,834.13 $ 3,927.24 $ 4,025.43 $ 4,124.68 $ 4,227.02 $ 4,332.94 $ 4,441.33 $ 4,496.84 $ 4,553.05 $ 54,636.64
12 $ 43,804.11 $ 3,650.34 $ 3,741.60 $ 3,833.37 $ 3,929.20 $ 4,024.76 $ 4,125.88 $ 4,229.44 $ 4,334.14 $ 4,388.32 $ 4,443.17 $ 53,318.09
11 $ 42,749.65 $ 3,562.47 $ 3,651.53 $ 3,740.61 $ 3,834.13 $ 3,927.24 $ 4,025.94 $ 4,127.10 $ 4,229.44 $ 4,282.31 $ 4,335.84 $ 52,030.07
10 $ 41,737.93 $ 3,478.16 $ 3,565.11 $ 3,650.34 $ 3,741.60 $ 3,833.37 $ 3,928.43 $ 4,027.16 $ 4,128.30 $ 4,179.91 $ 4,232.16 $ 50,785.86
9 $ 40,712.29 $ 3,392.69 $ 3,477.51 $ 3,562.47 $ 3,651.53 $ 3,740.61 $ 3,833.37 $ 3,929.65 $ 4,027.16 $ 4,077.50 $ 4,128.47 $ 49,541.66
8 $ 39,744.28 $ 3,312.02 $ 3,394.82 $ 3,475.74 $ 3,562.63 $ 3,650.34 $ 3,741.82 $ 3,834.53 $ 3,930.87 $ 3,980.00 $ 4,029.75 $ 48,357.04
7 $ 38,761.62 $ 3,230.14 $ 3,310.89 $ 3,392.69 $ 3,477.51 $ 3,562.47 $ 3,650.34 $ 3,741.82 $ 3,836.97 $ 3,884.93 $ 3,933.50 $ 47,201.95
6 $ 37,851.98 $ 3,154.33 $ 3,233.19 $ 3,313.24 $ 3,396.08 $ 3,478.16 $ 3,564.85 $ 3,653.94 $ 3,745.46 $ 3,792.28 $ 3,839.68 $ 46,076.16
5 $ 36,927.19 $ 3,077.27 $ 3,154.20 $ 3,230.14 $ 3,310.89 $ 3,392.69 $ 3,478.16 $ 3,564.85 $ 3,653.94 $ 3,699.62 $ 3,745.86 $ 44,950.37
4 $ 36,060.53 1 $ 3,005.04 $ 3,080.17 $ 3,154.33 $ 3,233.19 $ 3,313.24 $ 3,396.37 $ 3,481.78 $ 3,567.29 $ 3,611.89 $ 3,657.03 $ 43,884.40
3 $ 35,178.96 $ 2,931.58 $ 3,004.87 $ 3,078.47 $ 3,155.43 $ 3,231.36 $ 3,313.24 $ 3,396.37 $ 3,481.78 $ 3,525.31 $ 3,569.37 $ 42,832.46
2 $ 34,326.71 $ 2,860.56 $ 2,932.07 $ 3,003.82 1 $ 3,078.92 1 $ 3,154.33 $ 3,232.54 $ 3,314.45 $ 3,396.37 $ 3,438.83 $ 3,481.81 $ 41,781.77
1 $ 33,517.43 $ 2,793.12 $ 2,862.95 $ 2,931.58 1 $ 3,004.87 1 $ 3,077.27 $ 3,154.33 $ 3,232.54 $ 3,314.45 $ 3,355.88 $ 3,397.82 $ 40,773.89
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Mark Neary Action Agenda: x
Public Hearing:
Other:
Department: County Administrator Ext: 530
Date: January 4, 2022 Agenda Item #
Commissioner staff to complete)
Briefing Date: January 3, 2022
Briefing Presented By: Mark Neary
[ ] Item was not previously briefed with the Board
Please provide an explanation of urgency
Item:
SC Johnson Agreement
Background:
SC Johnson, the City of Shelton, and Mason County have agreed on a Pilot Program for curbside
plastic film recycling.
The duration of the pilot program is six months beginning February 16, 2022 and ending August 16,
2022. Materials collected through this program include, but are not limited to, dry plastic grocery
bags, Ziploc brand food storage bags, dry cleaning bags, and other flexible plastic wrap. The City of
Shelton is working with their hauler and SC Johnson to purchase, distribute, and collect up to 900 21-
gallon containers to collect the recyclables associated with this program.
Mason County will purchase storage containers located at our transfer facility to store the plastic film
collected from the curbside and agrees to transport the material up to two times to the Lautenbach
facility located in Mount Vernon. SC Johnson will reimburse the County up to $2,000 for costs
incurred during storage and transportation.
Budget Impact(s):
None — County will be reimbursed for costs incurred.
Recommended Action:
Approval of the agreement with SC Johnson for the Pilot Program for curbside plastic film recycling.
Attachment(s):
SC Johnson Agreement
sc ohnson
A family company
at work for a better world
December 15, 2021
Jeff Niten, City Manager
City of Shelton, WA
525 W Cota St.
Shelton, WA 98584
Re: Letter Agreement relating to Plastic Film Recycling Pilot Program
Dear Jeff:
This letter agreement ("Agreement") sets out the principal terms of a curbside plastic film
recycling program being considered by S. C. Johnson & Son, Inc. ("Johnson"),the City of
Shelton, Washington, ("Shelton") and Mason County, Washington ("Mason"). The curbside
plastic film recycling program is referred to as the "Pilot Program" and Johnson, Shelton and
Mason are referred to collectively as the "Parties" and each, individually, as a "Party".
1. Pilot Program:
The Pilot Program will be initiated upon mutual agreement, in writing and signed by all
Parties, to a statement of duties, deliverables, cost, and timing sufficient to clearly set
forth the expectations of the Parties with respect to the Pilot Program ("Pilot Program
Project Description") . The initial draft Pilot Program Project Description is set forth on
Exhibit A attached hereto.
Should the Pilot Program Project Description and this Agreement conflict in any way or
should the Pilot Program Project Description contain additional terms not explicitly
referred to in this Agreement as terms that may be in a Pilot Program Project Description,
this Agreement will govern and any such additional terms will have no effect, unless the
Pilot Program Project Description includes an explicit statement that the parties intend it to
supersede this Agreement, specifically identifying this Agreement.
Heather Berlinski of Johnson will act as the Johnson contact person for the purpose of
coordinating activities under this Agreement. If Johnson designates some other person to
act as its contact person, Shelton and Mason will be notified in writing.
2. Term and Termination: This Agreement will commence on the date this agreement is
signed by both parties and terminate on the date of completion of Shelton's and Mason's
data reporting obligations set forth in Exhibit A, subject to early termination of this
Agreement by any of the Parties. Any party may, by providing the other Parties thirty
days' written notice, terminate this Agreement at any time. If Johnson so terminates or
halts work, Johnson will be obligated to pay those fees and expenses that Johnson is to
pay under Section 3, to the extent that they have been actually earned, incurred, or
irretrievably committed by the date of Johnson's notice to terminate or halt work. If
Shelton or Mason so terminates this Agreement, Johnson shall have no obligation to pay
or reimburse Shelton and Mason, as applicable, for expenses incurred after the date of
the termination notice.
3. Fees, Expenses, and Payments: For each Project, Johnson will pay for the services,
expenses, equipment and materials ("Johnson Financial Commitments") specified in
the Pilot Program Project Description. Unless otherwise provided in the Pilot Program
Project Description undisputed invoices will be paid under the following payment terms,
net sixty (60) days from receipt of the corresponding invoice. If this Agreement is
terminated or work under a Pilot Program Project Description is halted for reasons other
than for breach, Johnson shall pay for the portions of the Johnson Financial Commitments
that is due up to the date of termination. Shelton and Mason will each pay any income,
self-employment, or other taxes due on any of the Johnson Financial Commitments. No
taxes will be withheld by Johnson.
4. Confidential Information: All information relating to the Pilot Program that is or has been
disclosed to Shelton and/or Mason by Johnson or on Johnson's behalf, which is expressly
labeled as "confidential" when disclosed to Shelton and/or Mason, will be "Confidential
Information," subject to the limitations of this Agreement.
A. Limitations on Disclosure and Use of Confidential Information. Neither Shelton nor
Mason will use or reproduce Confidential Information for any purpose other than to
carry out the Pilot Program, or disclose Johnson's Confidential Information to any third
party, except as permitted by this Agreement or in response to a public records
request under the Public Records Act, Chap. 42.56 RCW.
B. Exclusions. Information will not be considered Confidential Information if it can be
shown to have been:
i. Rightfully in Shelton's or Mason's possession prior to the date of Johnson's
disclosure to Shelton or Mason,
ii. Available to the public prior to the date of Johnson's disclosure to Shelton or
Mason or to have become available to the public after Johnson's disclosure
without any unauthorized act or omission by Shelton or Mason,
iii. Disclosed to Shelton or Mason prior to or subsequent to the disclosure by
Johnson without restriction by a third party who had a right to disclose and was
not under an obligation of confidence to Johnson, or
iv. Independently developed by Shelton or Mason by a person having no access to
the Confidential Information as evidenced by written records or other tangible
evidence.
C. No Disclosure. Shelton and Mason each agree not to use any reference to
Johnson or its products or trademarks, including but not limited to its logos, in their
advertising, web page, or other materials given or exposed to third parties without
Johnson's express prior written permission granted by a Johnson officer.
D. Term of Confidentiality and Non-Use Obligations. The obligations of confidentiality
and non-use contained herein will continue for five years following the termination
date of this Agreement.
5. Third Parties' Property; Shelton and Mason Warranties: Shelton and Mason each
represent and warrant that its entering into this Agreement and performance for Johnson
under this Agreement will not constitute a breach of any obligations that it has to any third
party. Shelton and Mason each represent and warrant that it is authorized to fulfill its
obligations as may be provided for in a Pilot Program Project Description without any
additional consents or approvals. Neither Shelton nor Mason shall disclose to Johnson or
use for Johnson's benefit any information that it knows or believes is third party
proprietary or confidential information.
6. Intellectual Property: "Intellectual Property" means any invention, whether patentable or
not, including but not limited to compositions, formulas, designs, products, and methods,
together with any data, and any know-how, trade secret, and other intellectual property,
and any Intellectual Property that Shelton and/or Mason conceives or makes during and
as a part of their performance under this Agreement will be "Pilot Program Intellectual
Property".
Pilot Program Intellectual Property will be the exclusive property of Johnson, and Shelton
and Mason each hereby assign, transfer, and release to Johnson all of its respective
rights in and to all Pilot Program Intellectual Property free and clear of any lien,
encumbrance or any other right or interest of any other person or entity. Shelton and
Mason are each hereby granted a non-exclusive, non-transferable, perpetual license to
use any and all Pilot Program Intellectual Property.
7. Independent Contractor: Shelton and Mason are each an independent contractor and will
not be a Johnson employee or agent for any purpose. Neither Shelton nor Mason will
have any right nor will Shelton or Mason attempt to obligate Johnson to third parties in
any way without Johnson's prior specific and express written approval. In
communications with third parties, Shelton or Mason, as the case may be, will make it
clear that it is working in the capacity of an independent contractor rather than as a
Johnson employee or agent.
8. General Provisions:
A. Sub-Contractors: Neither Shelton nor Mason will engage anyone other than its own
employees to perform any services for Johnson under this Agreement.
B. Assignment. This Agreement may not be assigned by Shelton or Mason without the
prior written consent of Johnson.
C. Governing Law. This Agreement shall be governed by, and construed and interpreted
in accordance with, the laws of the State of Washington, United States of America,
without giving effect to any choice of law, conflict of law or other rules or provisions
(whether of such jurisdiction or any other jurisdiction) that would cause the application
of the laws of any other jurisdiction.
D. No Third-Party Beneficiaries. Nothing herein is intended or shall be construed to confer
upon any person or entity other than the Parties and their successors or assigns, any
rights or remedies under or by reason of this Agreement.
[Signature page immediately follows.]
Please indicate Johnson and Shelton and Mason's acceptance of this Agreement by having
the enclosed duplicate original signed by a person who, by signing, also personally warrants
his or her authority to bind Johnson and Shelton and Mason. Then return one original to me.
For convenience, we can exchange signatures electronically by fax or e-mailed .pdf files, thus
putting the Agreement into effect. If we do so, any subsequent paper copies signed will serve
only to confirm the Agreement established by the electronically-exchanged signatures.
Sincerely,
S. C. Johnson & Son, Inc.
By:
Name:
Title:
Accepted:
Shelton
By: Date:
Name:
Title:
Mason
By: Date:
Name:
Title:
EXHIBIT A
S.C. Johnson, City of Shelton, WA & Mason County, WA curbside plastic film recycling pilot
program
SC Johnson, the City of Shelton, and Mason County have come together to collaborate on
instituting the City of Shelton and Mason County Curbside Recycling Collection of Plastic
Film Pilot Program to last for six months beginning on February 16, 2022 (Pilot Start Date)
and ending August 16, 2022 (Pilot End Date)
SC Johnson, the City of Shelton, and Mason County reached an agreement on (Date of
Signing) that as part of its curbside recycling program, the City of Shelton will collect bagged
plastic film—including, but not limited to, dry plastic grocery bags, Ziploc® brand food storage
bags, dry-cleaning bags, and other flexible plastic wrap—as a recycling item once a month.
Below are the terms each party will be responsible for:
• Collection
o The City of Shelton agrees to include plastic film as an accepted item within its
existing curbside recycling program on a trial, pilot program basis beginning in
February 16, 2022 , for a six-month period, for 2 residential pick-up routes
(approximately 900 residential households)
o The City of Shelton will coordinate with their hauler, Waste Connections, to
facilitate a monthly Wednesday pick-up for households on their 1-16R and 3-
16R routes. Plastic film pick-up for 1-16 R will occur on the first Wednesday of
the month and pick-up for 3-16R will occur on the third Wednesday of the
month.
o SC Johnson will reimburse the City of Shelton for expenses relating to labor
and truck costs associated with 14 pick-ups at $720 per pickup in an amount
not to exceed $10,080.
■ Pickup schedule as follows:
• February 16, 2022
• March 2, 2022
• March 16, 2022
• March 30, 2022
• April 6, 2022
• April 20, 2022
• May 4, 2022
• May 18, 2022
• June 1, 2022
• June 15, 2022
• June 29, 2022
• July 13, 2022
• July 27, 2022
• August 10, 2022
• Storage Container and Transportation to Mt. Vernon, WA (Lautenbach facility —13084
Ball Rd. Mount Vernon, WA 98273)
o Mason County agrees to purchase or lease a designated "plastic film" storage
container(s) for usage at the transfer facility which will serve as a drop-off
location for plastic film once it is collected from the curbside.
o Mason County agrees to transport the pilot program material up to two times to
Lautenbach facility —13084 Ball Rd. Mount Vernon, WA 98273)) in a county
provided vehicle.
o SC Johnson agrees to reimburse Mason County the costs for purchasing or
leasing the storage container(s) and transporting material to Lautenbach facility
—13084 Ball Rd. Mount Vernon, WA 98273)) for a value not to exceed $2,000.
• Residential Collection Bins
o SC Johnson agrees to provide City of Shelton with up to 900 21-gallon
containers, starting with an initial purchase of 270 containers, fit for automated
pick-up, imprinted with a recycling label approved by the City of Shelton. The
containers will be stored by the City of Shelton and Mason County and provided
to residents who opt-in to participate in the recycling program. The City of
Shelton will coordinate with their hauler to distribute the bins to residents.
• Marketing Materials
o The City of Shelton agrees to display SC Johnson-provided "Recycling
Announcement" materials on the City of Shelton's main and waste management
websites, Facebook page, and other necessary marketing outlets as well as on
printed materials including a postcard. These materials will be designed and
created by SC Johnson, subject to the approval of the City of Shelton and
Mason County.
o SC Johnson will draft a press release announcing the program and share with
the City of Shelton and Mason County for approval.
o Digital Materials
■ Announcement— The City of Shelton agrees to post "Recycling
Announcement" on main or designated waste management website
detailing the pilot program using promotional materials provided by SC
Johnson. The City of Shelton also agrees to educate residents of the
updates to the recycling program, and update list of accepted/non-
accepted recyclables on designated waste management website.
o Print Marketing
■ SC Johnson will design, create, and fund up to $1,300 for a postcard
and/or other flyers announcing the pilot program. This will include the
printing and mailing of 2 waves of postcards to 900 households in the
City of Shelton. The first phase of post cards will be sent one month prior
to the first pickup, and the second phase of post cards will follow up two
weeks after.
■ SC Johnson will provide printer-ready versions of the postcards and/or
other flyers to the City of Shelton, who will submit the order to their local
vendor and provide SC Johnson with a complete price quote prior to
order fulfillment.
• Data Sharing
o After the first 3 months of collection, the City of Shelton and Mason County
agree to meet with SC Johnson and Waste Connections to assess the progress
of the pilot and its future.
o The City of Shelton agrees to collect and share the below sets of data with SC
Johnson at the conclusion of the pilot program
■ The amount of plastic film that entered the recycling stream from the
year prior to the pilot program, January 1,2021 to December 31, 2021 if
available
■ The amount of plastic film being sent to the landfill from the year prior to
the pilot program, January 1, 2021 to December 31, 2021, if available
■ The full amount of recycling materials collected from the year prior to the
pilot program, January 1, 2021 to December 31, 2021, if available
■ The amount of plastic film collected each month during the curbside
recycling pilot program
■ The amount of plastic film that is collected for the entire duration of the
pilot program
■ The dates the City of Shelton and Mason County sent loads of plastic
film to Lautenbach facility —13084 Ball Rd. Mount Vernon, WA 98273,
and the amount of plastic film sent to Lautenbach facility —13084 Ball Rd.
Mount Vernon, WA 98273.
■ Cost analysis of the addition of plastic film to the City of Shelton's
recycling curbside collection:
• Total amount the City of Shelton spent on recycling the year prior
to the pilot program, January 1, 2021 to December 31, 2021
• Total cost the City of Shelton spent on landfilling the year prior to
the pilot program, January 1, 2021 to December 31, 2021
• Total amount the City of Shelton spent on recycling during the
pilot program from February 16, 2022 (Pilot Start Date)—August
16, 2022 (Pilot End Date)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: David Windom Action Agenda x
Public Hearing
Other
DEPARTMENT: MCCS EXT:
DATE: 1/04/2022 Agenda Item # .
Commissioner staff to complete)
BRIEFING DATE: 1/03/22
BRIEFING PRESENTED BY: David Windom
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: County Response to the Squaxin Island Tribe letter of 8 December 2021
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): The county responds with a letter and several attachments to address the concerns of
the Squaxin Island Tribe. Attachments address specific concerns. The letter for the action agenda will
be placed on county letterhead.
BUDGET IMPACT: None
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community
meetings, etc.)
Briefing and action agenda
RECOMMENDED OR REQUESTED ACTION: Approve
ATTACHMENTS: Letter, Squaxin response binder
CO January 10,2022
_ Andy Whitener
Director
1854 Squaxin Island Natural Resources Department
MASON COUNTY Re: Mason County Response to Squaxin Island Tribe Letter dated December 8,2021
BOARD
OF Dear Mr. Whitener,
COMMISSIONERS
Please accept this letter in response to your letter dated 8 December 2021. We have
reviewed the information and would like to submit to you the following response. We
1ST District appreciate the Squaxin Island Tribe reaching out and the continued communication with
RANDY NEATHERLIN Erica Marbet.
2°d District Mason County and the Squaxin Island Tribe signed a Memorandum of Agreement
KEVIN SHUTTY (MOA)in February of 2019. As mentioned in Squaxin's December letter,the MOA
applies only to Water Resource Inventory Area(WRIA) 14,therefore those issues
3rd District primarily affecting VIM 14 will be addressed in this response. Responses to specific
SHARON TRASK MOA items will be addressed in the enclosed attachments.
In 2019,the County entered into a partnership led by Ecology to draft a watershed
management plan for WRIA 14. The partnership included County leaders,
Mason County Building 1 environmental groups,water systems,conservations,agriculture,building associations,
as well as tribal representation. The county was a prime partner involved in data
411 North Fifth Street collection,analysis,and policy development in both technical staff effort and research as
well as active County Commissioner involvement throughout the process. The individual
Shelton, WA 98584-3400 pieces of the draft plan were developed with the input and consensus of all partners
leading to the final draft plan as presented in early 2021. Much of the plan addressed
(360)427-9670 ext.419 those items in the MOA and was supported by Squaxin through consensus within the
WRIA 14 Committee.
Fax(360)427-8437
The County put an immense effort into the WRIA 14 plan and considers that it completes
many of the tasks as outlined in the MOA. Squaxin,via their agent Paul Picket,
approved the individual elements of the plan,and the County will use those elements to
complete the outstanding tasks.
The County also belongs to WRIAs 15, 16,and 22/23. Great success has been achieved
in WRIA 22/23 with a consensus plan being updated in 2021 and moved into actual
progress being made towards projects to benefit aquifers and in-stream flows. The
County recently voted to support several beaver dam analogs and a Managed Aquifer
Recharge(MAR)project and is working with the Chehalis Basin Partnership to secure
funding for those valuable projects.
The County would like to move ahead on projects within the WRIA 14 basin. Currently,
the County is working with Ecology to revisit and include a rooftop runoff project in
Ecology's proposal to develop a watershed management plan for WRIA 14 that would
more than offset domestic indoor water use,a project that was insisted upon by Squaxin.
The County is actively planning with the City of Shelton to bring public water to a trailer park
within the UGA that houses some of the most vulnerable, low-income residents of Mason
County. Plagued with high nitrate levels,replacing the current water system solves a public
health crisis and provides a tangible benefit to the upper reaches of Johns Creek. The retirement
of two shallow wells and replacement of the failing septic system results in improved water
quantity and quality.
The County is interested and committed to looking into projects such as beaver dam analogs,
managed aquifer recharge areas,and water right acquisitions where it benefits both private and
public partners. The County had been waiting for Squaxin to approve the projections plan for
Goldsborough and Johns Creek basins,which was received on Friday,December 17,2021.
Given the restrictions placed upon the County by the Governor and Secretary of Health and
upholding its primary responsibility to the health and safety of its residents during this ongoing
COVID crisis,the County has made great progress towards meeting the obligations of the MOA.
Several elements pulled from the WRIA 14 Draft Plan which address remaining tasks are
included as attachments.
If the ultimate goal is to improve water quantity and quality,the County believes enough data has
been collected during the WRIA process. The County is ready to move forward with our partners
and begin work on projects that will make a difference to aquifer recharge.
If you have any questions,or feel that any of your concerns have been misinterpreted,please
contact Dave Windom at(360)427-9670 ext.260 or by e-mail at
dwindom@masoncountywa.gov.
Sincerely,
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin, Kevin Shutty, Sharon Trask,
Commissioner Chair Commissioner
ATTACHMENT A
Attachment A
Table of Tasks in the MOA
MOA¶ Task Completion status Tribe's comments
5.1 The County will provide Partially Complete-_The The County has taken little The County withdrew the
public access information County has provided onsite initiative to bring the work to Rooftop runoff project from the
to the Tribe regarding a) septic data to Online RME completion. Instead, it has only WRIA 14 plan based on its
inventory current water and provided other data in given access and provided cancelation in WRIA 15.The
uses, b) summarize Smartgov. a) and b)The blocks of information yet to be Squaxin Tribe objected to its
changes in water use, c) County has provided access connected. The County's only removal. The County is in talks
estimate future water to data, but has not initiative for streamflow with Ecology about bringing the
use requirements, and d) completed any inventory, or restoration and enhancement project back in a future plan.
identify opportunities to summarized changes. c)The and restoration was a rural lot
restore and enhance County worked with Ecology infiltration proposal, untested The County also proposed
aquatic resources to the staff in the WREC process to with unknown political replacing wells in low income
extent adversely affected estimate future water acceptability to its constituents. housing in 2019 with city water
by current and future requirements. d)The County and is currently in the planning
water uses. allowed the WREC and grant application of that
committee and Ecology staff project. See Attachment B.
to identify opportunities, but Future water requirements are
it did not take action on outlined in the WRIA 14 draft
those opportunities. plan Chapter 4 as agreed to by
the Tribe. See Attachment C.
Natural Resources Department • 200 SE Billy Frank Jr. Way • Shelton,WA 98584
360-432-3809 • awhitener@squaxin.us
The county supports projects
such as beaver dam analogs
and managed aquifer recharge
areas and has voted to support
those projects in WRIA 22/23.
The county is not a property
owner along streams and such
projects would have to be a
private/public project.
The County has supplied lists of
county parcels and their assumed
water use based on permit data
available. Can the Tribe explain
further on what they are looking
for in the term "inventory".
Section 5.1 The Parties agree to work cooperatively to share information regarding current water uses and future development
activities that may adversely affect anadromous fish resources and other attributes of watershed planning.
2019 MCA
Section 5.2. No later than June 30, 2020,the County will provide information to the Tribe about current water uses and future
development activities, as follows:
MOA¶ Task Completion status Tribe's comments
5.2.1.1 Inventory of all Partially Complete-The WRIA 14 does not encompass There are inconsistencies
residential dwellings and County has provided a all of Mason County. between contract language
other buildings inside the geodatabase to the Tribe Additional work needs to be and the Tribe requesting
service area of approved that lists Group A systems completed in the rest of the county-wide data.The MOA
public water systems. and also parcels in Group B County. pertains only to WRIA 14.
systems in WRIA 14 only. It This is not a complete The compilation of Group A
and B data provided is
is only a list of Group A inventory as described in what's currently available.
system envelopes, not a list Section 5.2.1.1. It is only
of parcels or households separate blocks of information
served. The Group B list is that take additional work to be
provided in a way that completed.
cannot be summarized
without additional work.
5.2.1.2 Inventory of all dwellings Partially Complete-The The County needs to complete The county has provided a
and other buildings County has only provided the inventory of dwellings. list of water uses
outside the service area information on Group A, associated with individual
of approved public water Group B, and two-party parcels. EH/DCD does not
systems. wells that would allow the maintain a list of
completion of the inventory. "dwellings". Even running
a report on building
permits would not
capture a complete list of
dwellings. Dwellings are
an inappropriate proxy for
water use. A dwelling may
have one person, several
2019 MOA
persons or be unoccupied.
Structures don't use
water, people do. It is an
impossible task to track
how many people occupy
each home. We know the
average household is 2.57
people and those
numbers are integrated
into the WRIA 14 draft
plan. Attachment C
5.2.1.3 Inventory the number Partially Complete-The The County needs to complete The MOA states "estimated
and location of all County has only provided the inventory of permit-exempt number and location of
permit-exempt wells.To information on Group A, wells. permit exempt well..."
be completed by June Group B, and two-party
30, 2020. wells that would allow the
completion of the inventory. County permitting has not
captured exempt
information (digitally or on
paper). There are no single
sources of data to pull from
to summarize this
information. There is not
exempt data relating to
individual wells or two
parties. Some water right
information exists with
Group Bs which has been
provided. Group A
information is not
information the county
2019 M OA
regulates or has authority
over.
It is important to note
that there are 4 types of
permit- exempt wells;
residential, commercial,
agricultural, and stock
watering. The County only
accesses residential use
and that use only since
1975.
The county does not track
exempt water uses on
private land (currently or
previously). It is
questionable if the county
even has authority to do
that and what would that
look like. The county
permits certain aspects of
development, as allowed
by state and county codes,
to maintain a safe and
healthy community. The
information collected
during permitting varies
based on permit type and
codes at the time of
application. The County
collects only information
2019 MOA
related to the intent of the
permit. Some of the
information related to
water uses and public
water systems is
segmented and spread
across multiple agencies
based on authority.
5.2.1.4 Inventory the number of Almost Complete-The The County needs to identify Identifying the second
shared well agreements County generated a the second parcel associated parcel is not a
geodatabase that lists all with each parcel that has an requirement of the MOU.
two-party shared well agreement. This is one step in 5.2.1.4 "estimated
agreements by the source completion of Section 5.2.1.3. number of shared well
parcel, but it does not agreements"
include the second parcel.
5.2.1.5 Inventory the estimated Complete-The WREC Conservative estimates of total
total water use for each Committee voted on use are preferred by the Tribe.
residential dwelling and information in Section 4.3.1
other buildings that use of 2/3/21 Final Draft Plan for
permit exempt wells. WRIA 14.
5.2.1.6 Inventory the estimated Complete-The WREC The higher end estimate, based
consumptive water use Committee voted to use 0.16 on the 95% confidence interval
of permit-exempt wells. AFY per well or per for irrigation, is preferred by
household, with a higher the Tribe and is represented in
end estimate of 0.22 AFY per Table 6 and Figure 4 of the
well or per household. 2/3/21 Final Draft plan for
WRIA 14.
5.2.2.1 Establish and maintain a Complete The Tribe's technical staff have
web-based community requested a training on this
2019 M OA
access public portal that system and will contact County
will document county staff about sewer adequacy.
permit activity for
Department of
Community Services
Approval/
Acknowledgement.
5.2.2.2 Establish and maintain a Complete The Tribe's technical staff have
web-based community requested a training on this
access public portal that system and will contact County
will document county staff about sewer adequacy.
permit activity for Mason
County Public Health
Approval/
Acknowledgement
5.2.3 County will generate Complete pending receipt of The Tribe will request the Waiting on the Tribe.
annual reports showing reports.The County states reports from County staff for Sample Report included in
the number and location that this report can be 2019 and 2020 if it is unable to Attachment D
of new permit-exempt generated via the Smartgov generate the reports itself.
wells. system for all permits dating
back to 1998.
5.2.4 County will require a well Complete Pending The Tribe's technical staff will Waiting on the Tribe.
applicant to provide a Verification-The County verify this change with County Sample Report included in
copy of the Ecology Start updated their application staff. Attachment D
Card for each well to be form to include this
inspected. requirement.
5.2.5 County will document Complete Pending The Tribe's technical staff will Waiting on the Tribe.
GPS coordinates for all Verification-The County verify this change with County Sample Report included in
wells subject to well site reported on March 31, 2021 staff. Attachment D
inspections. that County staff are
2019 M OA
entering the latitude and
longitude of each well
construction permit into
Smartgov.
5.2.6 The County has Complete- County is The County should be using the
established and will awaiting Tribe's request for most up-to-date information
maintain a web-based reports from RME database. from this database to back
community access public check location of rural wells. A
portal to its onsite septic parcel that is not connected to
system ("OSS") a public or two-part water
maintenance database. system, but it has a septic
system, is likely on a permit-
exempt well.
5.2.7 County will provide the Complete-The County The County should be using the
Tribe access to its OSS reported on August 10, 2021 most up-to-date information
maintenance database to that the Tribe can contact from this database to back
generate reports. County staff to request these check location of rural wells. A
reports. parcel that is not connected to
a public or two-part water
system, but it has a septic
system, is likely on a permit-
exempt well.
2019 MOA
Section 5.3. The County will provide long-term localized water use proiections for each Stream Management Unit within WRIA
14a based on the following:
MOA Task Completion status Tribe's comments County Comment
5.3.1 OFM population Completed by OFM-The The Tribe urges the County to The County will continue to
allocation for the County reported it will only consider a second planning utilize the OFM medium
County. use the OFM medium scenario with a higher growth growth rates and the updates
growth rate for this rate. RCW 43.62.035 does not as provided by OFM
allocation. The County cites preclude Mason County from
RCW 43.62.035. planning for higher growth
rates.
5.3.2 Estimation of population Incomplete-The County The County must now combine: The county can estimate what
growth inside and reported on August 10, 2020 rural growth projections from exists currently but cannot
outside urban growth that this task was the WREC planning process, project by water system which
areas. completed. However, the existing Group A water system areas of the county will be
population allocation is projections, and estimate developed in any specific time
shown in heat maps growth projections for Group B frame. Estimations including
generated by the consultant systems to produce an the WRIA plan excerpts are
HDR. The County has stated estimation that satisfies Section included in Annex C
this information is difficult to 5.3.2
2019 M OA
estimate at a more specific
scale.
5.3.3 Capacity of public water Incomplete-The County More information concerning Methodology. Public water
systems for growth. completed a FOIA request to the number of connections systems update available
the DOH in 2020 for service available and the capacity for connections during periodic
area parcels and queried for public water systems to absorb Water System Consistency
matches to a WEC form or population growth is required. Reviews which the Squaxin
construction application. Tribe has been supplied. DOH
The County reported on maintains the authority, the
March 31, 2021 that this County reviews for
estimate remains unknown comprehensive plan
other than the County staff consistency.
believe the growth rate to
be "a small percentage."
5.3.4 County's Land Capacity Neither updated nor used to Update Land Capacity Analysis Complete in the WRIA 14 Draft
Analysis satisfy Section 5.3. Land by subbasin in the County's Plan Section 4.2.2
Capacity Analysis has neither Comprehensive Plan. Use it to
been updated with growth satisfy Section 5.3.
projections, nor has it been
used to satisfy Section 5.3's
task, which is to "provide
long-term localized water
use projections for each
Stream Management Unit
within WRIA 14a based on
the following:"
Section 5.4. No later than January 1, 2021,the County shall:
MOA¶ I Task Completion status Tribe's comments County Comments
2019 MOA
SAW Prepare as initial case Not yet started. Kell Rowen County needs to meet its Staff has been hired to do this
reports for Johns Creek and Erica Marbet developed obligations. work and has already begun
and Goldsborough Creek a scope of work draft and the work. The county has been
watersheds that refine sent it to Dave Windom for waiting on the Tribe to return
and make more realistic review and to pass along to an approved scope of work so
the water use Jeff Dickison and Sharon that this may begin.The Tribe
projections in Section 5.3 Haensly. 12/6/21- In a submitted an approved scope
through scrutinizing recent phone call, Dave of work on Friday December
potential land Windom let Erica Marbet 17th.
subdivisions and know that a new staff
limitations imposed by person had been hired to do
the County's Resource this task, and the scope
Ordinance, MCC Ch. remained the same as when
8.52. Erica originally sent it.
5.4(b) Cooperatively develop Not yet started. County needs to meet its The county has been waiting
with the Tribe a obligations. for Tribal input to the scope of
timetable for the work which has only been
County's development of submitted within the past
such reports for the week. Erica Marbet and county
remaining watersheds staff are in communication
with instream flows. about this item to set work
meetings, etc.
Staff has started this work and the
County would like Malissa and
Erica to work together to
complete this work.
If 5.4(a) is a successful model,
continue process for other
watersheds with instream flows in
2019 MOA
WRIA 14.
Section 5.5.The Tribe shall share with the County data as within WRIA 14a relating to streamflows and other water
measurements, as well as salmon productivity and abundance,that will assist in the endeavors described in this Agreement.
MOA¶ Task Completion status Tribe's comments County Response
5.5 The Tribe will share with The County has not The Tribe has shared its The County had assumed that
the County data relating requested flow data. The relevant data with all who the Tribe would "push" this
to streamflows and other Tribe shared all of its flow request and continues to information in much the same
water measurements data with Ecology during the supplement this data as new manner as the Tribe is
that will assist in the WREC process. Ecology and data is gathered. Data include requesting for county reports.
endeavors of the the Tribe double-checked streamflow, stream The county can request this
Agreement. current monitoring locations temperature, and stream information in a "pull" format.
against regulatory points. bacterial concentration. See Attachment E
Ecology formed all raw data
into Exceedance Curves,
which are available within
the WREC WRIA 14 plan.
2019 M OA
Section 5.6.The Parties will consult with WDFW and DOE regarding implementation of this Agreement and adoption of an
amended rule for WRIA 14a.
MOA ¶ Task Completion status Tribe's comments County Response
5.6 Consult with WFDW and The Watershed Plan for The Tribe expects the Parties The County continues to work
DOE on implementation WRIA 14a was not adopted will remain engaged in this with Ecology on their draft plan
of Agreement by the Committee. The process, consult with WDFW for WRIA14.
Watershed Plan has been and DOE, and continue to work
sent to DOE for its towards an agreeable
consideration and Watershed Plan.
recommendation to the SRF
board.
Section 6.1 of the Agreement requires the parties to make best efforts to reach a mutual agreement on the need for a rulemaking
process to amend the DOE WRIA 14a water management rule.
MOA¶ Task Completion status Tribe's comments County Response
6.1.1 Request, and if Not started. No petition is necessary.
necessary, petition Ecology is working on the draft
Ecology to initiate plan using the unadopted WRIA
rulemaking to amend the 14 plan as a base.
WRIA 14a rule in a
manner consistent with
the watershed
2019 MOA
restoration and
enhancement plan.
6.1.2 Support a rule Not started. Unable to complete until the
amendment consistent Ecology plan has been returned
with the approved from the SRF board and is
watershed restoration available for review and
and enhancement plan, comment.
including jointly defend a
rule amendment that is
consistent with the
watershed restoration
and enhancement plan
against a third-party.
Section 7.2 The County shall, pursuant to RCW 36.70A.130(6)(a):
2019 M OA
MOA¶ Task Completion status Tribe's comments County Response
7.2.1 Take all necessary steps Incomplete. Complete- Kell and Marissa
to initiate review of completed this review and
those portions of the followed up with a meeting with
Comprehensive Plan and Erica and Malissa.
development regulations
that relate to water
availability and/or
fisheries. This shall occur
no later than June 30,
2021.
7.2.2 Docket and update those Not yet started 7.2.2 specifically states, "...and is
portion of the consistent with any watershed
Comprehensive Plan and restoration and enhancement plan
development that is approved by both parties,...
regulations. This shall The Ecology plan is not yet
occur no later than available for review
December 31, 2021.
2019 M OA
ATTACHMENT B
WRIA 14 Project
SHELTON SPRINGS ROAD
Evergreen Mobile Home Park (EMHP)continues
� to have issues with both drinking water and
on-site septic.
�111\ Sewage is surfacing
Situation
• Water Quality is dropping
Closing the facility would displace
0 approximately 300 low and very low-income
people
Shelton UGA
•ys,
■
r
Located in WRIA 14
between the Johns Creek
drainage and . =-----
Goldsborough creek
drainagePIT
Mason County
�•�����,`� y _■ _,� ��'
Urba n Growth Areas
Item
Legend WISMIZ:
*� ~
...::. .V.►a m N.�lwl�
Ailp-
Kim
k .
Project Area - .
• a
' si
� Or
► 1 Johns Creeklow ,� ,, ; • s, .� � �Vga _ r"
► 2 Turtle Lake
► 3 Project Area
► 4 Tractor Supply ,
K
► 5 Treatment Plant i erso .,•-. -
. a .
_ t
`Sheh�on High Sc o-I
W
-s
n
6% � F Walmart Superccntcr ,�� �
-�. Parcel 42001 -33-00040
S�Odth Lake Dr
L
LANDUSE 15-Residential-MH Park
T LANDUSE_2 00
E South Lake E South Lake Dr . TOT_ACRES 8.25
Will
2
H 'c �•,- ZIP 98508
A �r -
G
SITUS_ADDR 60 E BLEVINS RD N,SHELTON 98584
LEGAL_DESC 5 543.65'OF E1/2 SW SW
4.
Eve green' 'Storage
m 1
m �
QApproximately 40 residences
r r arnately 300 residents
Background
ASeptic System in a state of failure
Water System has higher than normal nitrate
levels (Ave. 5.4(mg/L) MCL of 10 mg/L)
.. ` r .;f yl• fit ''' .. � �.�
i` v4 "• r
ry
L O
U �
E
Ln
(./� Ln .—
Background :
Nitrate Levels Evergreen Mobile Estates
Source S03 (Wellfield of 501 and S02)
12
months10
Infants below the age of six
• drink water8
containing • of
w 6
the MCL m
• • become 4
seriouslyand, untreated,
2
• die. include
sh
ortness
of _• •th _• • • a° Pn S Pn g o o g o o o g g o 0 0 0 0 0 0 0 0 0 0
rl rl rl rl rl N N N N N N N N N N N N N �J N N N N N N N N N
baby • • �-1 rl ti rl rl rl •'1 rl rl ti r1 •i rl rl rl rl rl rl rl rl '-1 N rl rl
N O 'Co t\O ' N N O W t\D N N O 0\0 l\O N N O 0\0 N N O 0\0
rl rl rl ei rl 'i rl rl 'i rl
Result —0--MCL
• • • '•u I•tion
Nitrates discharged from this system have
adverse effects on neighboring properties.
See Annex A
- Evergreen Mobile Home
Park(EMPH) serves primarily low
and very low-income residents
Background EMHP owns both the land and
the homes. Homes are all
Continued rentals
Capital for improvements is
extremely limited
Analysis
Now
CLOSING THE FACILITY WATER QUALITY COULD SEPTIC FAILURES WILL AVAILABLE LAND FOR A LARGE ONSITE SEPTIC DISINFECTION AND
COULD ADD BE ADDRESSED REQUIRE SYSTEM REPLACEMENT SYSTEMS SYSTEM COULD REPLACEMENT ONSITE
SIGNIFICANTLY TO THE THROUGH REPLACEMENT IS EXTREMELY LIMITED REPLACE FAILING SYSTEMS ARE
HOMELESS DISINFECTION SEPTIC AND BE TEMPORARY FIXES
POPULATION MANAGED BY
DEPARTMENT OF
HEALTH
Having PUD 1 take over operations of the
Analysis water system is an option
Would require consolidation with nearby
systems
Would require grant or other funding for the
transition
May be able to retire one or more wells on
location
Requires an MOU with Mason County
Requires an operation agreement with EMHP
Does not address septic issues
Analysis
Connect to City Services
City sewer is available: less than 1000 feet to the west at Tractor Supply
City water is available on Shelton Springs Road less than 300 feet from
the property line
Would require an MOU with the County
Would require engineering and feasibility
Solves both septic and water issues
N
• _. �`
VIP
Sign In
See travel times,traffic and nearby places
rhh fake Dr
E SoNh Lske.10 ' sR•
x7
r -
Ser io bile Par c
She to
`Evf 'reen Mi4 • . t Presb .Chu eh
Airport Grocer &�Deu €?'
e i Espresso
z
Park 8,3ide Dianes Dnvin Sch� * , ,s a s
9
r-'i
Ot er Line' - _
S I 4
Mai •x _ ' 9,13
9 �
.. 1 -1k Map data C2079 United States Terms Send feedback t W tt
Analysis of City Services Option : Pro
• illnill1 Ono
SERVICES EXIST A WASTEWATER CAN BE TREATED WATER CAN WELLS AT THE MOBILE SOLVES THE NITRATE ADDRESSES ISSUES OF
RELATIVELY SHORT TREATED AT THE THEN BE USED TO HOME PARK COULD BE ISSUES AT THE MOBILE ENVIRONMENTAL
DISTANCE AWAY FACILITY SOUTH OF THE ENHANCE EITHER RETIRED REDUCING HOME PARK EQUITY
PORT OF SHELTON JOHNS CREEK OR IMPACT AT JOHNS
GOLDSBOROUGH CREEK
CREEK
Requires bringing sewage line
under Hwy 101
Analysis of City
Services Requires grant or other funding
Option : Con
ate-comer fees would be a
burden for low income residents
Recommendation
$ Y
Begin immediate Get signed Begin feasibility Seek funding to Construct sewer Decommission the Use treated water
corrective agreements from study for City of research feasibility and water lines:use wells that serve to enhance
measures for onsite EMHP to abandon Shelton to supply of bringing sewer water project EMHP and use that Goldsborough
septic and water drain fields once water. DOH has from Hwy 101 funding as a project of Creek as a project
treatment city water and funds available but water in time and for Goldsborough
sewer become must be applied for place for Johns Creek sub basin
available by Aug 31, 2019 Creek sub basin
Meeting Committee Goals
Ensures environmental equity for our poorest and
most vulnerable population
Protects public health
Protects the critical aquifer recharge area
Provides instream flow relief for lower Johns Creek
salmon habitat with potential benefits to Orca
recovery
Provides water for enhancement in the
Goldsborough Creek drainage
Meets criteria for in-time and in-place water
Provides ecological benefit
ATTACHMENT C
Attachment C
Chapter Four: New Consumptive Water Use Impacts
4.1 Introduction to Consumptive Use
The Final NEB Guidance states that, "Watershed plans must include a new consumptive water
use estimate for each subbasin, and the technical basis for such estimate" (Ecology 2019b, page
7). 1 This chapter provides the WRIA 14 Committee's projections of new domestic permit-
exempt well connections (referred to as PE wells throughout this plan) and their associated
consumptive use (CU) for the 20-year planning horizon.This chapter summarizes information
from the technical memos prepared for the Committee.
4.2 Projection of Permit-Exempt Well Connections (2018 -
2038)
This watershed plan addresses new consumptive water use from projected new homes
connected to PE wells. Generally, new homes are associated with wells drilled during the
planning horizon. However, new uses can occur where new homes are added to existing wells
serving group systems under RCW 90.44.0050.The well use discussed in this plan refers to both
of these types of new well use. PE wells may be used to supply houses, and in some cases,
other Equivalent Residential Units (ERUs) such as small apartments. For the purposes of this
document, the terms "house" and "home" refer to any permit-exempt domestic groundwater
use, including other ERUs.
The WRIA 14 Committee projects 4,294 PE wells over the planning horizon. The largest number
of these wells are likely to be installed in the Oakland Bay subbasin. Projections for Thurston
County in this plan are based on Thurston County Comprehensive planning dates through 2040.
The WRIA 14 Committee reached consensus on a methodology to project the most likely
number of new PE wells over the planning horizon in WRIA 14, in order to estimate new
consumptive water use. The method is based on recommendations from Appendix A of
Ecology's Final NEB Guidance. The following sections provide the 20-year projections of new PE
'Though the statute requires the offset of"consumptive impacts to instream flows associated with permit-exempt
domestic water use"(RCW 90.94.020(4)(b))and 90.94.030(3)(b)),watershed plans should address the
consumptive use of new permit exempt domestic withdrawals. Ecology recommends consumptive use as a
surrogate for consumptive impact to eliminate the need for detailed hydrogeologic modeling,which is costly and
unlikely feasible to complete within the limited planning timeframes provided in chapter 90.94 RCW. RCW
90.94.020 and 90.94.030 have various references to how watershed plans are to project, offset,or account for
"water use." Ecology interprets these subsections of the law(RCW 90.94.020(4)(b),90.94.020(4)(c),
90.94.030(3)(b),90.94.030(3)(c),90.94.030(3)(d),and 90.94.030(3)(e))to relate to the consumptive water use of
new permit-exempt domestic withdrawals that come online during the planning horizon.(Ecology, 2019a, page 7)
wells for each subbasin within WRIA 14, the methods used to develop the projections, and the
uncertainties associated with the projections.
4.2.1 Permit-Exempt Well Connections Projection by Subbasin
This WRIA 14 watershed plan compiles the counties' growth projection data both at the WRIA
scale and by subbasin. Note that two counties are present in WRIA 14: Mason County and
Thurston County. The projection for new PE wells in WRIA 14 by subbasin is shown in Table 5
and Figure 3.
Table 1: Number of PE Wells Projected between 2018 and 2038 for the WRIA 14 Subbasins
Projected PE
Subbasin Wells
Case 512
Goldsborough 546
Harstine 143
Hood 117
Kennedy(Mason County) 59
Kennedy (Thurston County) 529
Mill 466
Oakland 1559
Skookum 363
Totals 4,294
Mason County projects approximately 3,765 new PE wells for the over the planning horizon.
Thurston County projects approximately 529 PE wells within unincorporated areas of WRIA 14
over the planning horizon. The total projection for WRIA 14 is 4,294 new PE wells.
4.2.2 Methodology
The WRIA 14 Committee gave deference to each county for identifying the most appropriate
method of projecting PE wells within their jurisdiction. Each county used a different method for
calculating the PE well projections within their jurisdiction. Both the Mason County and
Thurston County methods are based on Office of Financial Management (OFM) population
forecasts, which is simple mortality and migration rate data collection. This method is
summarized in the section below for each respective County.The technical consultant
developed a WRIA 14 Permit-Exempt Growth and Consumptive Use Summary, provided in
Appendix H, which offers a more detailed description of the methods used by the counties.
Mason County Growth Projection Methodology
Mason County developed growth projections based on the Mason County Comprehensive Plan,
which is based on OFM medium population growth estimates.
Mason County used the following steps to project growth of permit-exempt connections over
the planning horizon:
1. Develop 20-year growth projections based on OFM medium population growth
estimates, and conversion to dwelling units based on assumed people per dwelling unit.
2. Determine available land for single family domestic units and determine proportion of
build-out capacity by county urban growth areas (UGAs) and rural lands.
3. Apply growth projections to buildable lands.
4. Overlay subbasins to determine new permit-exempt connections in each subbasin.
These methods were used to develop an initial projection of 3,509 new PE wells. A revised
projection was developed by assuming that some permit-exempt growth will occur in water
system areas, which resulted in 3,765 new PE wells. It was assumed that growth in each
respective water system will be proportional to buildable parcels without water system
hookups relative to parcels with water system hookups. The following methods were applied
on top of the initial methods:
1. Define total buildable parcels in GIS, using Department of Health (DOH) service area
polygons and county parcel data.
2. Define total approved water system connections (built out + available) and active water
system connections (built out) using the DOH Sentry database (DOH 2O19).
3. Buildable parcels with water system hookup =total approved minus active water system
connections.
4. Buildable parcels without water system hookup = total buildable parcels minus total
approved water system connections.
5. Define proportion of permit-exempt growth within each water system by dividing
number of buildable parcels without water system hookups by total number of
buildable parcels.
6. Multiply proportion of permit-exempt growth within each respective water system by
total growth projected to occur in that water system.
7. Sum additional permit-exempt growth by subbasin and add to initial permit-exempt
growth projection.
Thurston County Growth Projection Methodology
The Thurston County growth projection methods and results were provided by the Thurston
Regional Planning Council (TRPC) and Thurston County.'
TRPC used the following steps to project growth of permit-exempt connections over the
planning horizon:
1. Develop 20-year growth projections based on OFM medium population growth
estimates, and conversion to dwelling units based on assumed people per dwelling unit.
2. Develop residential capacity estimates.
2 Documentation for TRPC's housing projections is available at https://www.trpc.org/236
3. Allocate growth to parcels based on recent residential development and permit trends,
where capacity is available.
4. Once allocated, estimate the amount of development on permit-exempt connections
based on the following criteria provided by Thurston County::
a. Located outside incorporated cities; growth in incorporated cities is assumed to
connect to a municipal water system.
b. Water systems within UGAs; permit-exempt growth is assumed to occur on
parcels with no sewer service.
c. Rural water systems; assumed no permit-exempt growth.
These methods were used to develop an initial projection of 497 new PE wells. A revised
projection was developed by assuming that some permit-exempt growth will occur in rural
water system areas, which resulted in a projection of 529 new PE wells. It was assumed growth
in each respective rural water system will be proportional to buildable parcels without water
system hookups relative to parcels with water system hookups.
The Mason and Thurston County PE well growth projections were added together for the initial
and revised scenarios, respectively. The WRIA 14 Committee agreed by consensus to use
revised projections totaling 4,294 new PE wells in WRIA 14 as the final estimate for the
purposes of estimating consumptive use.
4.2.3 Distribution of New PE Wells
The WRIA 14 Committee mapped potential locations of new PE wells in the watershed based on
parcels available for residential development dependent on PE wells. These parcels are
primarily in rural areas, but also within Urban Growth Areas that are not served by water
systems, and in water systems where growth is expected to exceed available water system
infrastructure. The resulting map (Figure 3) shows the most likely areas that new residential
development dependent on PE wells will occur.
The WRIA 14 Committee projects that most new PE wells will occur in and around the Shelton
urban growth area, in the Oakland and Goldsborough subbasins. (Table 5 and Figure 3).
4.2.4 Projected Growth Map
I
I
I
Figure 3.WRIA 14 WRE Distribution of Projected PE Wells
I
Total Projected Permd-Exempt Wells 2018—2038:4,284
I
Potential Growth Beifair
# Projected
Permit-Exempt �
Less Connections by Subbasin O
Subbasm
Mason Courty
�
I
L_ County -
I
More
i--
� I
i I
Hood j
y�
Case k�
512
Oakland `
1.559
Plerce County
�- Harstlne
/ 143
Goldsborough i Sheltopr`
546 — �e
Mill
f
Skookum
363
Mason County-- `-
Grays Harbor I Thurston County
County kennedy
McCleary j 55S
O I
dWRIA 14
1
I
I
0 25 5 Miles i
Tumwater o
OATASOLRRCES:USGS YMOEPT Of ECOLOGY WSOOT
Figure 1: WRIA 14 WIRE Distribution of Projected PE Wells for 2018-2038
4.2.5 Summary of Uncertainties and Scenarios
The methods described above for projected new PE wells include a number of uncertainties.
These uncertainties were discussed with the WRIA 14 Committee and recognized as inherent to
the planning process. The uncertainties are shared here to provide transparency in the planning
process and deliberations of the Committee, and to evaluate the range of outcomes that could
occur in the future.
One example of uncertainty is that Mason County's method omitted PE wells installed within
water system areas. Although most cities require new homes to connect to water systems, they
allow exceptions if a connection is not available (for instance, if a home is more than 200 feet
from a water line). Additionally, cities and developments may increase the number of available
connections through water system expansion, which may result in a lower number of new PE
wells, especially in rural areas which have water systems.
Another example of uncertainty is the reliance on historical data. The methods assumed that
historical growth trends would continue into the future. However, many factors play into
homebuilding trends. Additionally, there is some uncertainty in the methodology that may lead
to assumptions of where new PE wells are expected to occur.
An additional example of uncertainty are variations in growth scenarios for each county by
OFM. The OFM medium growth scenario was used for this analysis, however OFM also
provides a high growth scenario, which is not a formal alternative scenario and is based on the
likelihood of the counties experiencing a historically high growth rate. The OFM 20-year high
growth projection for 2040 is 18.4% higher than the medium growth projection in Thurston
County, and 17.2% higher than the medium growth projection in Mason County.
Because of the uncertainty in the projections, the WRIA 14 Committee evaluated additional PE
well scenarios using different assumptions, such as that some permit-exempt growth will occur
in rural water system areas. This resulted in the final PE well estimate which the Committee
agreed by consensus was the appropriate analysis for WRIA 14.
This methodology is described in detail in Appendix H.
4.3 Impacts of New Consumptive Water Use
The WRIA 14 Committee used a 20-year projection for WRIA 14 of new PE wells to estimate the
consumptive water use that this watershed plan must address and offset.The WRIA 14
Committee estimates 759 acre-feet per year (AFY) (1.05 cfs) as the "most likely" new
consumptive water use in WRIA 14. This watershed plan also includes a higher consumptive use
goal of 1,035 AFY (1.43 cfs) to achieve through adaptive management. This section includes an
overview of the method used by the WRIA 14 Committee to estimate new consumptive water
use (consumptive use), an overview of the anticipated impacts of new consumptive use in WRIA
14 over the planning horizon, and other considerations by the WRIA 14 Committee, such as
assumptions and uncertainties.The WRIA 14 Permit-Exempt Growth and Consumptive Use
Summary provides a more detailed description of the analysis and alternative scenarios
considered (Appendix H.)
Consistent with the Final NEB guidance (page 8, Appendix B), the Committee assumed impacts
from consumptive use on surface water are steady-state, meaning that impacts on the stream
from pumping do not change over time.This assumption is based on the wide distribution of
future well locations and depths across varying hydrogeological conditions.
4.3.1 Methodology to estimate indoor and outdoor consumptive water
use
Appendix A of the Final NEB Guidance describes a method (referred to as the Irrigated Area
Method) that assumes average indoor use per person per day, and reviews aerial imagery to
provide a basis to estimate irrigated area of outdoor lawn and garden areas. Use patterns for
indoor uses versus outdoor uses are different. Indoor use is generally constant throughout the
year, while outdoor use occurs primarily in the summer months. Also, the portion of water use
that is consumptive varies for indoor and outdoor water use.The Irrigated Area Method
accounts for indoor and outdoor consumptive use variances by using separate approaches to
estimate indoor and outdoor consumptive use.
To develop the consumptive use estimate, the WRIA 14 Committee used the Irrigated Area
Method and relied on assumptions for indoor use and outdoor use from Appendix A of the Final
NEB Guidance (Ecology 2019). This chapter provides a summary of the technical memo
available in Appendix H.
To develop consumptive use estimates, the WRIA 14 Committee looked at other methodologies
for estimating consumptive use, such as the water system data method. The Committee
determined that the water system data method would not provide an accurate depiction of
water use in the watershed, but the results are provided in the technical memo in Appendix H,
and additional water system data from Mason PUD is provided in Appendix L.
New indoor consumptive water use
Indoor water use refers to the water that households use (such as in kitchens, bathrooms, and
laundry), and that leaves the house as wastewater, typically to a septic system.3 The WRIA 14
Committee used the Irrigated Area Method and Ecology's recommended assumptions for
indoor daily water use per person and local data to estimate the average number of people per
household, and applied Ecology's recommended consumptive use factor to estimate new
indoor consumptive water use4:
• 60 gallons per day (gpd) per person, as recommended by Ecology.
• 2.5 persons per household assumed for rural portions of WRIA 141
3 USGS 2012 https://pubs.usgs.gov/sir/2012/5163/sirl2 5163.pdf
4 NEB Guidance 2019 https://fortress.wa.gov/ecy/publications/documents/1911079.pdf
5 OFM information for each county:
Mason County: https://www.ofm.wa.gov/washington-data-research/county-and-city-data/mason-county
Thurston County: https://www.ofm.wa.gov/washington-data-research/county-and-city-data/thurston-
county
• 10 percent of indoor use is consumptively used (or a consumptive use factor [CUF] of 0.10),
based on the assumption that homes on PE wells are served by on-site sewage systems. On-
site sewage systems return most wastewater back to the immediate water environment; a
fraction of that water is lost to the atmosphere through evaporation in the drainfield.
The equation used to estimate household consumptive indoor water use is:
60 gpd per person x 2.5 people per house x 0.10 CUF
This results in an indoor consumptive water use of 15 gallons per day per well. This equates to
5,475 gallons per year (0.017 AFy6) (0.000023 cfs').
New outdoor consumptive water uses
Most outdoor water is used to irrigate lawns, gardens, orchards and landscaping, and may
include water for livestock. To a lesser extent, households use outdoor water for car and pet
washing, exterior home maintenance, pools, and other water-based activities. Water from
outdoor use does not enter onsite sewage systems, but instead infiltrates into the ground or is
lost to the atmosphere through evapotranspiration.$
The WRIA 14 Committee used aerial imagery to measure the irrigated areas of 80 randomly
selected parcels of a stratified sample served by PE wells to develop an average outdoor
irrigated area. This analysis returned a large portion of parcels with no visible irrigation, which
were given irrigated area values of zero. In order to address uncertainty in the analysis, the
WRIA 14 Committee replaced the zero values with a value of 0.05 acres to account for potential
outdoor water use other than irrigation. Taking that assumption into account, the average
irrigated area for the 80 parcels was 0.10 acres. This analysis was determined to result in the
most likely outdoor consumptive use estimate for WRIA 14, and will be used as the target offset
to compare to offsets from projects. The WRIA 14 Committee then conducted a statistical
confidence level analysis on the results.The 95 percent upper confidence limit yielded an
irrigated area of 0.14 acres, representing a conservative estimate of the average irrigation area
(i.e., there is a 95 percent probability that the true average irrigated area is less than 0.14
acres). This method is further summarized in Appendix H. A higher consumptive use estimate
based on this value is included in the plan as a goal that represents successful achievement of
NEB through adaptive management. The Committee considers this analysis as a way to account
for other uncertainties such as future growth, and climate change.
The WRIA 14 Committee used the following assumptions, recommended in Appendix A of the
NEB Guidance, to estimate outdoor consumptive water use:
• Crop irrigation requirements (IR) for turf grass according to Washington Irrigation Guide
(WAIG) (NRCS-USDA 1997): a weighted average of 18 inches of irrigation for the Grapeview
6 Acre-foot is a unit of volume for water equal to a sheet of water 1 acre in area and 1 foot in depth. It is equal to
325,851 gallons of water; 1 acre-foot per year is equal to 893 gallons per day.
'Cubic feet per second(cfs)is a rate of the flow in streams and rivers. It is equal to a volume of water 1 foot high
and 1 foot wide flowing a distance of 1 foot in 1 second; 1 cubic foot per second is equal to 646,317 gallons per
day.
8 NEB Guidance, Page 19, Ecology 2019 https://fortress.wa.gov/ecy/publications/documents/1911079.pdf
(18.8 inches), Shelton (17.8 inches), and Olympia (16.5 inches) WAIG stations. This value
was used to estimate the amount of water needed to maintain a lawn.
• An irrigation application efficiency (AE) to account for water that does not reach the turf: 75
percent. This increases the amount of water used to meet the crop's irrigation requirement
by 25 percent.
• Consumptive use factor of 0.8, reflecting 80 percent consumption for outdoor use. This
means 20 percent of outdoor water is returned to the immediate water environment.
• Outdoor irrigated area based on existing homes using PE wells: 0.10 acres (0.14 acres was
used for the higher consumptive use estimate as a goal to achieve through adaptive
management)
The equation used to estimate household consumptive outdoor water use is:
1.5 feet per year * 0.10 acres * 0.80 CUF
0.75 AE
First, water loss is accounted for by dividing the irrigation requirement by the application
efficiency. Next, the total water volume used to maintain turf is multiplied by the area irrigated.
Finally, the volume of water is multiplied by 80 percent to produce the outdoor consumptive
water use.
This results in 0.16 AF per year (52,136.15 gallons per year) (0.000221 cfs) average outdoor
consumptive water use per PE well for the WRIA based on 0.10 acres used for the most likely
consumptive use estimate. Using 0.14 acres used in the higher adaptive management
consumptive use estimate, this results in 0.22 AF per year(72,990 gallons per year) (0.00031
cfs). This is an average for the year, however the Committee expects that more water use will
occur in the summer.The outdoor consumptive use varies by subbasin due to varying
temperature and precipitation across the watershed.
4.3.2 Uncertainties and Limitations
The uncertainties and limitations are discussed here to provide transparency in the planning
process and deliberations of the Committee, and to evaluate the range of outcomes that could
occur in the future.
To reduce uncertainty,the WRIA 14 Committee relied on existing data to the extent possible,
such as the average number of people per household, or information from other studies that
estimate average indoor water use per person. However, it was recognized by the Committee
that the method is based on historical and current water use, and future indoor water use may
vary based on a variety of factors. For example, water conservation may result in indoor water
use becoming more efficient overtime.
The outdoor consumptive use calculation contains more uncertainty than indoor consumptive
use calculations, because it is based on four different factors and represents close to 90%of
water usage.The average outdoor irrigated area analysis was limited to a sample size of 80
parcels distributed by location and property values. Also, the interpretation of irrigated areas
from aerial photos is subject to error. Some Committee members voiced concern over these
uncertainties in the outdoor irrigated area analysis. To help address the potentially limited
sample size, the Committee estimated the error margin achieved with the 80 parcels, and
determined that it was approximately 0.03 acres (i.e., the arithmetic average of 0.07 acres,
which was the initial averaged irrigated area, has an error margin of 0.03 acres). Applying this
error margin increased the irrigated area to 0.11 acres. Also, the Committee calculated the 95
percent upper confidence of the irrigated area average. The 95 percent upper confidence limit
was 0.14 acres. The 95 percent upper confidence limit represents an upper estimate of the
mean that has a 95 percent probability of being less than that upper limit (i.e. an over estimate
of irrigated area that would likely result in a more conservative consumptive use estimate).
The Committee generally agreed by consensus that future outdoor irrigation amounts for new
permit-exempt connections will most likely fall below the estimate based on the 95 percent
confidence limit (0.14 acres).
Potential bias in methodology was investigated in a comparability study with another
consultant, GeoEngineers (Appendix H). Methods used by GeoEngineers in WRIAs 9 and 10
were compared to HDR's methods (as used in WRIA 14) for the same parcel images. HDR's
method was found to be lower than GeoEngineers by 0.05 to 0.06 acres.The finding of the
comparability study was that while the method is subject to error and the results varied
between the two analyses, the variation of the results in the two analyses was inconclusive in
terms of accuracy and the difference between analysists were not large enough to warrant any
revisions to the estimates. However, since the HDR estimate were low, relative to the
GeoEngineers estimates, the Committee used the 95% upper confidence limit of the results of
this analysis (estimated by HDR) to develop the higher adaptive management CU goal account
for uncertainty.
Uncertainty associated with method detection of irrigated areas in aerial photos was addressed
by assigning a minimum value of 0.05 acres to the 80 parcels used to calculate the average
irrigated area. When this minimum value was applied, the average irrigated area increased to
0.10 acres.This acreage was selected by the Committee for consumptive use calculations. More
information on uncertainties on these methods can be found in Appendix H.
Other factors of uncertainty in the outdoor consumptive use calculation are the assumptions
about irrigation amounts and irrigation efficiencies.The calculation assumes that homeowners
water their lawns and gardens at the rate needed for commercial turf grass (i.e., watering at
rates that meet crop irrigation requirements per the Washington Irrigation Guide).The irrigated
area analysis demonstrated that many people irrigate their lawns enough to keep the grass
alive through the dry summers, not at the levels that commercial turf grass requires. The
method also assumes that residential irrigation has an efficiency of 75 percent. This assumes
that an additional 25 percent of the water needed to grow the lawn turf is used, because of
watering inefficiency.
Another source of uncertainty is that climate change is expected to create longer, hotter, drier
growing seasons, which may raise evapotranspiration and increase dry season water demands.'
io
In order to help reduce uncertainty for the Committee when considering both the USGS
Groundwater Model and the Irrigation Area Methods regarding consumptive use, the
Skokomish Tribe and Aspect Consulting conducted an assessment of how, or if, precipitation
variability across geography and time would affect outdoor irrigation consumptive use
estimates in WRIA 14.The study used up to date climatological data from Ag Weather Net and
PRISM to compare to values using the Irrigation Area Method.This was undertaken to address
concerns that these methodologies may not be conservative enough and whether or not a
"safety factor" needed to be factored in to the consumptive use analysis.This assessment can
be found in the Plan Compendium. The assessment confirmed for the Skokomish Tribe that the
Irrigation Area Method is a conservative estimate, eliminating the need for any safety factor for
this method, however it does show that addressing climate change is critical when considering
future growth.
The WRIA 14 Committee addressed the uncertainties, assumptions, and limitations in this
method by using conservative assumptions, and by developing two estimates for consumptive
use: "most likely" and "higher use". This Committee prefers this approach, because it gives
assurance that if sufficient projects are implemented to offset these consumptive use
estimates, those projects will offset actual water use.
4.3.3 Summary of Consumptive Use Estimates
Of the methodologies presented to address uncertainty in the calculations of consumptive use,
the Committee agreed by consensus on two estimates for WRIA 14: a "most likely" estimate
and a higher estimate as a goal to achieve through adaptive management. Both are based on
the assumption to assign a minimum value of 0.05 aces to the 80 parcels used to calculate the
average irrigated area.The most likely estimate is based on an irrigated area of 0.10 acres,
while the higher use estimate is based on an irrigated area of 0.14 acres (the 95 percent upper
confidence limit of the average irrigated acres). These were applied to the calculations to
determine indoor, outdoor, and total consumptive use estimates by subbasin (Table 6). The
total consumptive use estimates for WRIA 14 are 759 AF per year (1.05 cfs) for the most likely
estimate, and 1,034 AF per year (1.43 cfs) for the higher adaptive management goal. The total
consumptive use estimates for WRIA 14 are calculated as the number of PE wells projected (see
Section 4.2) multiplied by the total indoor and outdoor consumptive use per PE well. Table 6
summarizes the estimated indoor and outdoor consumptive use by subbasin for WRIA 14. The
highest consumptive use is expected to occur in the subbasin with the most anticipated new PE
wells, as presented in Figure 3: PE well growth by subbasin.
e See https://climatetoolbox.org for more information on climate data.
10 A memo`Analysis of water use under climate change'developed by the Squaxin Island Tribe is provided in the
Compendium.
Table 2: WRIA 14 Estimated PE Well Projects and Indoor and Outdoor"Most Likely"
Consumptive Use Estimates by Subbasin, 2018-2038," in acre-feet per year12
Assumed Irrigated Assumed Irrigated
Acreage of 0.10 Acre Acreage of 0.14 Acre
(Most Likely Estimate) (Higher Adaptive
Management Goal)
Subbasin Projected Indoor CU Outdoor Total Outdoor Total
PE wells (AF/year) CU CU/year Cu CU/year
(AF/year) (AF/year) (AF/year) (AF/year)
in 2038 in 2038
Case 512 8.6 81.9 90.5 114.7 123.3
Goldsborough 546 9.2 87.4 96.5 122.3 131.5
Harstine 143 2.4 22.9 25.3 32.1 34.5
Hood 117 2.0 18.7 20.7 26.2 28.2
Kennedy 588 9.9 94.0 103.9 131.6 141.5
Mill 466 7.8 74.6 82.4 104.4 112.2
Oakland 1,559 26.2 249.4 275.6 349.2 375.4
Skookum 363 6.1 58.1 64.2 81.3 87.4
TOTAL 4,294 72 687 759.2 962 1,034.0
11 The WRIA 14 Committee has determined that an area of 0.10 irrigated acres result in the most likely outdoor
consumptive use estimate for WRIA 14, and will be used as the target offset to compare to projects. The analysis
based on an area of 0.14 irrigated acres is included in the plan as a higher goal to achieve through adaptive
management.
12 1 acre foot per year is equivalent to 0.0014 cfs,or 892.74 gallons per day
I
I
1
aWRIA Boundary Incorporated City o Reservation Land I
I
QSubbasin Unincorporated Urban I I County
Growth Area --1
Mason County Belfair I
#Projected Permit-Exempt Connections(wells) OI
#Most Likely Consumptive Use Estimate(AFY)
a Higher Adaptive Management Consumptive Use Estimate(AFY) j
I
I
I
I
Hood I-----
117 wells
I
28 AFY I
21 AFY j
I
I
Case
512 wells D
�ou:aa:ne' 123 AFY
✓ee.
Oakland L'-,
1,559 wells
276 AFY
ly ? 375AFY ia•rek
creek
cc�
Ma!a:,ey Harstlne
Goldsborough
(,r" 143 wells Pierce County
546 wells S:erto•: Levis
mck 25 AFY
rreet - 35 AFY
97AFY
132 AFY Sh o I)"Wet' 1L'
eek
r... Gm at tlabc:.9!..
Geek /
South Fak Coffee
Gcild.b.oWh Gee.
I \
.4.�.r S ar is d �t
�f6 rva[I tt
Mill —
1 \
466 wells
r2 Hry Sq On land
n R ation
Skookum
363 wells
54 AFY
1
87 AFY
Mason County
------------ —t — - -----------I
Grays Harbor Thurston County Kennedy
County t 588 wells
1 HenneCy
O
McCleary I week 104 AFY
I
I 142 AFY
I
0 WRIA 14
I
1
I
I
0 2.5 5 Miles i
I
r Tumwater o
I
DATA SOURCES:USGS W1 DEPT OF ECOLOGY WSDOT DOTE-.11252027
Figure 2: WRIA 14 Estimated Consumptive Use by Subbasin 2018-2038
ATTACHMENT D
E— ii office.smartgovcommunity.com/Main#—/Permits/Permit/Index/1d742717-0162-4591-a410-aWD148272c/A
_PP_'- OD Mail - Mason County WA... * S nartGov Login onlineRME- Sian-in c` Mason County Publ... �
SmartGov Mason County Permit Detail
IAain Notes Contacts Contractors Parcels Submittals Ftail: Fees Workflow
Workspace Permit#:WEC202D-00008 Status: CLOSED Contact: NICK REYNO
Favorites Type: WELL PERMIT:CONSTRUCTION OF NEW WELL Project Name: Contractor:
• Permitting Name Value
Createo Permit START CARD NO.., h1E38035
i, Search Permits EH- WELL DRILLED DATE: 2/20/2020
Incompleteo Search Permits
EH-WELL DEPTH:
o Create Estimate
EH-WELL TAG NO.: BLN-108
i, Search Estimates
EH-WELL LOCATION LAT. 47.30149
t, Search Historical Permits
Permit •• EH-WELL LOCATION LOW -122.93090
Code EnforcementEH-WELL 24 HOUR ADVANCE NOTIFICATION:, Yes
P Licensing WELL COUNTY NOTIFICATION:t Yes
Inspections0 Recurring
EH- DRILLING FIRM:* Davis Drilling
Common
EH-DRILLING FIRM PHONE#:, 360-801-0662
� Accounts
Receipts EH-WELL SITE WIN 100FT. OF SALT/SEAWATER YIN:k Ila
AdministrationEH-DOE VARIANCE YIN: No
ii cc-mason-%va.smartgovcommunity.com/PermittingPublic/PermitLandingPage/Index/1d742717-0162-4591-a410-ab4f0148272c
I N131!•AIexP cc rn.., Mason County'WA,.. SmartGov Login a onlineRME-Sign-in (' Mason County Publ,.. Is MC GIS Map ® Environmental Heal.,. ❑ S'VVAP Map I3 Commercial Shellfis... Q Novel Coronavirus..
MASON COUNTY,WA 00000 221167790043 Submitted 1/27/2020
Approved 2/20/2020
Issued 2/20/2020
Closed 2/20/2020
Application Expires --
Give your project a name
Describe the purpose of the permit
-Permit Contacts
Permit Details
Start Card No.
WE38035
I acknowledge that I must submit this completed application with appropriate fee a minimum of 24 hours in
advance of initiating well construction.
Yes
I acknowledge that Mason County Environmental Health must receive notification at least 24 hours prior to
the drilling of the well.
Yes v
MASON COUNTY 415 N 6TH STREET, SHELTON,WA 98584
SHELTON: 360-427-9670, EXT.400
COMMUNITY SERVICES BELFAIR: 360-275-4467, EXT. 400
% Building,Plannin%Environ mental Health,CommunityHealth ELMA: 360-482-5269, EXT.400
i FAX: 360-427-7787
NOTICE OF INTENT TO CONSTRUCT A WELL
Permit Number Payment Information Instructions
1. Complete Part 1. Incomplete applications will be rejected
WEC Receipt Number 2. Attach a plot plan and vicinity map.
❑ Cash 3. Submit this completed application with appropriate fee a minimum
❑ Check of 24 hours in advance of initiating well construction. Refer to
Mason County Environmental Health fee schedule for cost.
Date of Payment 4. Mason County Public must receive notification at least 24 hours
prior to the drilling of the well.
PART 1: Applicant/ Parcel Identification
Site Address Start Card#
Drilling Firm
Applicant Phone
Mailing Address
City State Zip
Parcel Number
Directions to Site
Is the well site within 100 feet of salt/seawater? ❑Yes [:]No
If yes, a variance from DOE is required. Have you applied/received (circle one) a variance? ❑Yes ❑No
NOTICE:All proposed connections to new wells are subject to water adequacy requirements at time of building permit per Mason County Title 6.68.
Water usage restrictions and additional fees may apply to all new wells drilled after January 191h, 2018 per ESSB 6091.
Applicant/Agent Signature
PART 2: Health Department Review(Staff Use Only)
YES NO TAG# Called In
❑ ❑ Driller on Site?
❑ ❑ Is the well capped and Vented?
❑ ❑ Is there evidence of a surface seal?
❑ ❑ Is there a 2"annular space on all sides of the casing?
❑ ❑ Has the seal slumped?
❑ ❑ Is the well flowing or is there evidence of other leakage?
❑ ❑ Is there evidence of cascading water?
❑ ❑ Is there evidence that the seal is at least 18 feet long?
❑ ❑ Do the well site set-backs appear to be appropriate?
Comments
❑ Pass ❑ Fail Inspector Date
This form may be scanned and available for public view on the Mason County Web site. Revised:2/7/2018
• -I-_ 4wt• ..-.. ..-... - -.. .... 1w -_- .. .... - Y .r......r.....r _ ... ..�-�.. .....
SmartGov Mason County Permit Detail
Nlain Motes Contacts Parcels Submittals C eta;: Fees Workflow I
WorkspacePermit#:WEL2020-00035 Status: CLOSED Contact: OOSTERI,
Favorites Type: WATER SYSTEM PERMIT:TWO-PARTY Project Name: Contractor:
Permitting Name Value
o Create Permit EH- 2 PARTY ELIGIBILITY:
o Search Permits EH- SOURCE TYPE:k Well
o Search Incomplete Permits EH-WATER SOURCE:* Existing
o Create Estimate
EH- DESCRIBE CONNECTION f1:* 31 91 0429021 0
o Search Estimates
o Search Historical Permits EH- DESCRIBE CONNECTION #2:* 319104290250
ReportsP Permit EH-WATER SYSTEM NAME: Oosterveld
0 Code Enforcement EH-WELL DEPTH:" 136'
0 Licensing
EH-WELL DRILLED DATE: 7;`2611993
0 Recurring Inspections
EH-WELL TAG NO.: AAD067
Accounts0 Common
EH-WELL LOCATION LAT: 47.14491
, Receipts EH-WELL LOCATION LON: -123.04066
MASON COUNTY
= COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health
December 29, 2021
Erica Marbet
Water Resources Biologist
Squaxin Island Tribe
200 SE Billy Frank Jr.Way
Shelton,WA 98584
Dear Erica,
Please accept this letter as a request from Mason County Community Services for the last ten years in-
stream flow data that the Squaxin Island Tribe is tracking for watersheds in the WRIA 14 basin.
Thank you in advance,
Signed,
David Windom, MSHS
Director
Public Health Community Development
(Community Health/Environmental Health) (Permit Assistance Center/Building/Planning)
415 N.6'h Street—Shelton,WA 98584 615 W.Alder Street—Shelton,WA 98584
Shelton:360-427-9670,Ext.400 Shelton:360-427-9670,Ext.352
Belfair:360-275-4467,Ext.400 Belfair:360-275-4467,Ext.352
Elma:360-482-5269,Ext.400 Elma:360-482-5269,Ext.352
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: David Windom-Lydia Buchheit Action Agenda x
Public Hearing
Other
DEPARTMENT: Community Services-PH EXT: 404
DATE: 01.10.22 Agenda Item # Fj. lD
Commissioner staff to complete)
BRIEFING DATE: 1/3/22
BRIEFING PRESENTED BY: Lydia Buchheit
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Law Enforcement Assisted Diversion (LEAD) Contract Expansion
Background:
LEAD Expansion Services Professional Services contract continuing services until June
30, 2023
Budget Impacts:
Budgeted for 2022
RECOMMENDED ACTION:
Approve contract with Health Care Authority for LEAD services.
Attachment(s):
Lead Expansion Services Contract
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78c79D
Washington State PROFESSIONAL SERVICES HCA Contract Number: K5736
CONTRACT for
Health Careku--t--horit� LEAD Expansion Services
THIS CONTRACT is made by and between Washington State Health Care Authority, (HCA) and Mason
County Community Service, (Contractor).
CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA)
Mason County Community Service
CONTRACTOR ADDRESS I Street City State Zip Code
415 N 61h Street Shelton WA 98584
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS
Casey Bingham 360-427-9670, ext 562 caseyb(admasoncountywa.gov
Is Contractor a Subrecir)ient under this Contract? CFDA NUMBER(S): FFATA Form Required
®YES ❑NO 93.959 ®YES ❑NO
HCA PROGRAM HCA DIVISION/SECTION
Division of Behavioral Health and Recovery(DBHR)
HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS
Health Care Authority
Michele Gayle, Contract Manager 626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS
(360) 725-9817 michele.gayle(d-)hca.wa.gov
CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT
Date of Execution June 30, 2023 $1,098,950
PURPOSE OF CONTRACT:
Provide intesive 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 both parties.
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
r,Dwuftn.dbAnnette Schuffenhauer
"ct"h, S&U&� Chief Legal Officer 12/30/2021
Rev 5/6/2019
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
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 ................................................................................................................................... 7
3.3 COMPENSATION ................................................................................................................ 7
3.4 INVOICE AND PAYMENT.................................................................................................... 8
3.5 CONTRACTOR and HCA CONTRACT MANAGERS........................................................... 9
3.6 KEY STAFF........................................................................................................................ 10
3.7 LEGAL NOTICES............................................................................................................... 10
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE.......................... 11
3.9 INSURANCE ...................................................................................................................... 11
4. GENERAL TERMS AND CONDITIONS.................................................................................... 13
4.1 ACCESS TO DATA............................................................................................................ 13
4.2 ADVANCE PAYMENT PROHIBITED ................................................................................. 13
4.3 AMENDMENTS.................................................................................................................. 13
4.4 ASSIGNMENT.................................................................................................................... 13
4.5 ATTORNEYS' FEES .......................................................................................................... 14
4.6 CHANGE IN STATUS......................................................................................................... 14
4.7 CONFIDENTIAL INFORMATION PROTECTION ............................................................... 14
4.8 CONFIDENTIAL INFORMATION SECURITY..................................................................... 15
4.9 CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION ....................... 15
4.10 CONTRACTOR'S PROPRIETARY INFORMATION ........................................................... 16
4.11 COVENANT AGAINST CONTINGENT FEES .................................................................... 16
4.12 DEBARMENT..................................................................................................................... 16
4.13 DISPUTES ......................................................................................................................... 16
4.14 ENTIRE AGREEMENT....................................................................................................... 17
4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) .................. 17
4.16 FORCE MAJEURE............................................................................................................. 18
4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED ........................................................... 18
4.18 GOVERNING LAW............................................................................................................. 19
4.19 HCA NETWORK SECURITY.............................................................................................. 19
4.20 INDEMNIFICATION............................................................................................................ 19
4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR ....................................................... 19
4.22 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 20
4.23 LEGAL AND REGULATORY COMPLIANCE...................................................................... 20
Washington State Page 2 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.24 LIMITATION OF AUTHORITY............................................................................................ 20
4.25 NO THIRD-PARTY BENEFICIARIES ................................................................................. 20
4.26 NONDISCRIMINATION...................................................................................................... 20
4.27 OVERPAYMENTS TO CONTRACTOR.............................................................................. 21
4.28 PAY Equity......................................................................................................................... 21
4.29 PUBLICITY......................................................................................................................... 22
4.30 RECORDS AND DOCUMENTS REVIEW .......................................................................... 22
4.31 REMEDIES NON-EXCLUSIVE........................................................................................... 22
4.32 RIGHT OF INSPECTION.................................................................................................... 22
4.33 RIGHTS IN DATA/OWNERSHIP........................................................................................ 23
4.34 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ..................................................... 24
4.35 SEVERABILITY.................................................................................................................. 24
4.36 SITE SECURITY ................................................................................................................ 24
4.37 SUBCONTRACTING.......................................................................................................... 24
4.38 SUBRECIPIENT................................................................................................................. 25
4.39 SURVIVAL.......................................................................................................................... 26
4.40 TAXES ............................................................................................................................... 26
4.41 TERMINATION................................................................................................................... 27
4.42 TERMINATION PROCEDURES......................................................................................... 28
4.43 WAIVER............................................................................................................................. 29
4.44 WARRANTIES.................................................................................................................... 29
Attachments
Attachment 1: Confidential Information Security Requirements
Attachment 2: Federal Compliance, Certifications and Assurances
Attachment 3: Federal Funding Accountability and Transparency Act (FFATA) Data
Collection Form
Attachment 4: Substance Abuse and Mental Health Services Agency (SAMHSA) Award
Terms
Attachment 5: Federal Award Identification for Subrecipients
Schedules
Schedule A: Statement of Work (SOW) LEAD Expansion Services
Washington State Page 3 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
Contract #K5736 for LEAD Expansion Services
Recitals
The state of Washington, acting by and through the Health Care Authority (HCA), seeks client
services for LEAD Expansion Services; and
WHEREAS, client services are exempt from competitive solicitation (RCW 39.26.125(6)) and
Mason County Community Service (Contractor) seeks to provide such services.
HCA has determined that entering into a Contract with Mason County Community Service will
meet HCA's needs and will be in the State's best interest.
NOW THEREFORE, HCA awards to Mason County Community Service this Contract, the
terms and conditions of which will govern Contractor's providing to HCA the LEAD Expansion
Services.
IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as
follows:
1. STATEMENT OF WORK (SOW)
The Contractor will provide the services and staff as described in Schedule A: Statement of
Work.
2. DEFINITIONS
"Authorized Representative" means a person to whom signature authority has been
delegated in writing acting within the limits of his/her authority.
"Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential
Information that compromises the security, confidentiality, or integrity of the Confidential
Information.
"Business Associate" means a Business Associate as defined in 45 CFR 160.103, who
performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity,
that involves the use or disclosure of protected health information (PHI). Any reference to
Business Associate in this 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.
Washington State Page 4 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
"Centers for Medicare and Medicaid Services" or "CMS" means the federal office under the
Secretary of the United States Department of Health and Human Services, responsible for the
Medicare and Medicaid programs.
"CFR" means the Code of Federal Regulations. All references in this Contract to CFR
chapters or sections include any successor, amended, or replacement regulation. The CFR
may be accessed at http://www.ecfr.gov/cqi-bin/ECFR?page=browse.
"Confidential Information" means information that may be exempt from disclosure to the
public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other
state or federal statutes or regulations. Confidential Information includes, but is not limited to,
any information identifiable to an individual that relates to a natural person's health, (see also
Protected Health Information); finances, education, business, use or receipt of governmental
services, names, addresses, telephone numbers, social security numbers, driver license
numbers, financial profiles, credit card numbers, financial identifiers and any other identifying
numbers, law enforcement records, HCA source code or object code, or HCA or State security
information.
"Contract" means this Contract document and all schedules, exhibits, attachments,
incorporated documents and amendments.
"Contractor" means Mason County Community Service, its employees and agents.
Contractor includes any firm, provider, organization, individual or other entity performing
services under this Contract. It also includes any Subcontractor retained by Contractor as
permitted under the terms of this Contract.
"Covered entity" means a health plan, a health care clearinghouse or a health care provider
who transmits any health information in electronic form to carry out financial or administrative
activities related to health care, as defined in 45 CFR 160.103.
"Data" means information produced, furnished, acquired, or used by Contractor in meeting
requirements under this Contract.
"Effective Date" means the first date this Contract is in full force and effect. It may be a
specific date agreed to by the parties; or, if not so specified, the date of the last signature of a
party to this Contract.
"HCA Contract Manager" means the individual identified on the cover page of this Contract
who will provide oversight of the Contractor's activities conducted under this Contract.
"Health Care Authority" or "HCA" means the Washington State Health Care Authority, any
division, section, office, unit or other entity of HCA, or any of the officers or other officials
lawfully representing HCA.
"Overpayment" means any payment or benefit to the Contractor in excess of that to which the
Contractor is entitled by law, rule, or this Contract, including amounts in dispute.
Washington State Page 5 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:046 1 2028-8 72D-413B-B962-9091 EE78C79D
"Proprietary Information" means information owned by Contractor to which Contractor claims
a protectable interest under law. Proprietary Information includes, but is not limited to,
information protected by copyright, patent, trademark, or trade secret laws.
"Protected Health Information" or "PHI" means individually identifiable information that
relates to the provision of health care to an individual; the past, present, or future physical or
mental health or condition of an individual; or past, present, or future payment for provision of
health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information
is information that identifies the individual or about which there is a reasonable basis to believe
it can be used to identify the individual, and includes demographic information. PHI is
information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI
does not include education records covered by the Family Educational Rights and Privacy Act,
as amended, 20 USC 1232g(a)(4)(b)(iv).
"RCW" means the Revised Code of Washington. All references in this Contract to RCW
chapters or sections include any successor, amended, or replacement statute. Pertinent RCW
chapters can be accessed at: http://apps.leg.wa.gov/rcw/.
"Statement of Work" or "SOW" means a detailed description of the work activities the
Contractor is required to perform under the terms and conditions of this Contract, including the
deliverables and timeline, and is Schedule A hereto.
"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" means a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. A sub-recipient may also be a recipient of other federal awards
directly from a federal awarding agency. As 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. See OMB circular a-133 for
additional details.
"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.leg.wa.gov/wac/-
Washington State Page 6 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
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; and
3.1.8 Provision of high quality services.
Prior to payment of invoices, HCA will review and evaluate the performance of Contractor
in accordance with Contract and these performance expectations and may withhold
payment if expectations are not met or Contractor's performance is unsatisfactory.
3.2 TERM
3.2.1 The initial term of the Contract will commence on Date of Executionand continue
through June 30, 2023, unless terminated sooner as provided herein.
3.2.2 This Contract may be extended 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 $1,098,950, and includes any allowable
expenses.
Washington State Page 7 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
3.3.2 Contractor's compensation for services rendered will be based on the following
rates or in accordance with the following terms.
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/l O.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 Block Grant, B08T10839777. Contractor agrees to comply with applicable
rules and regulations associated with these federal funds and has signed
Attachment 2: Federal Compliance, Certification and Assurances, attached.
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: HCAAdminAccountsPayable(o�,hca.wa.gov with a cc
to HCA Contract Manager. 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 K5736;
3.4.3.2 Contractor name, address, phone number;
3.4.3.3 Description of Services;
3.4.3.4 Deliverable number;
3.4.3.5 Date(s) of delivery;
Washington State Page 8 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
3.4.3.6 Net invoice price for each item;
3.4.3.7 Applicable taxes;
3.4.3.8 Total invoice price; and
3.4.3.9 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..Qov/it-
systems/statewide-vendorpayee-services/receiving-payment-state. Payment will be
considered timely if made by HCA within thirty (30) calendar days of receipt of
properly completed invoices. Payment will be directly deposited in the bank account
or sent to the address Contractor designated in its registration.
3.4.6 Upon expiration of the Contract, any claims for payment for costs due and payable
under this Contract that are incurred prior to the expiration date must be submitted
by the Contractor to HCA within sixty (60) calendar days after the Contract
expiration date. HCA is under no obligation to pay any claims that are submitted
sixty-one (61) or more calendar days after the Contract expiration date ("Belated
Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential
payment is contingent upon the availability of funds.
3.5 CONTRACTOR AND HCA CONTRACT MANAGERS
3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for
the services provided under this Contract and be the principal point of contact for
the HCA Contract Manager for all business matters, performance matters, and
administrative activities.
3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance
and will be the contact person for all communications regarding contract
performance and deliverables. The HCA Contract Manager has the authority to
accept or reject the services provided and must approve Contractor's invoices prior
to payment.
Washington State Page 9 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
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: Casey Bingham Name: Michele Gayle
Title: Fiscal Manager Title: Contract Manager
415 N 6th Street 626 8th Avenue SE
Address: Address: PO Box 42730
Shelton, WA 98584 Olympia, WA 98504-2730
Phone: 360-427-9670, ext 562 Phone: 360-725-9817
Email: caseyb(a.masoncountywa.gov Email: michele.gayle(cDhca.wa.gov
3.6 KEY STAFF
3.6.1 Except in the case of a legally required leave of absence, sickness, death,
termination of employment or unpaid leave of absence, Key Staff must not be
changed during the term of the Statement of Work (SOW)from the people who
were described in the Response for the first SOW or those Key Staff initially
assigned to subsequent SOWs, without the prior written approval of HCA until
completion of their assigned tasks.
3.6.2 During the term of the Statement of Work (SOW), HCA reserves the right to
approve or disapprove Contractor's Key Staff assigned to this Contract, to approve
or disapprove any proposed changes in Contractor's Key Staff, or to require the
removal or reassignment of any Contractor staff found unacceptable by HCA,
subject to HCA's compliance with applicable laws and regulations. Contractor must
provide a resume to HCA of any replacement Key Staff and all staff proposed by
Contractor as replacements for other staff must have comparable or greater skills
for performing the activities as performed by the staff being replaced.
3.7 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.
3.7.1 In the case of notice to the Contractor, send notification to the contact listed on
Page 1 of this Contract
Washington State Page 10 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
3.7.2 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
CONTRACTS@hca.wa.gov
3.7.3 Notices are effective upon receipt or four(4) Business Days after mailing, whichever
is earlier.
3.7.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
3.8 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:
3.8.1 Applicable Federal and State of Washington statutes and regulations;
3.8.2 Recitals
3.8.3 Special Terms and Conditions;
3.8.4 General Terms and Conditions;
3.8.5 Attachment 1: Confidential Information Security Requirements;
3.8.6 Attachment 2: Federal Compliance, Certifications and Assurances;
3.8.7 Attachment 3: Federal Funding Accountability and Transparency Act Data
Collection Form;
3.8.8 Schedule A(s): Statement(s) of Work;
3.8.9 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
3.9 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
Washington State Page 11 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Contract. Contractor must provide insurance coverage that is maintained in full force and
effect during the term of this Contract, as follows:
3.9.1 Commercial General Liability Insurance Policy - Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to
protect against legal liability arising out of contract activity but no less than
$1 million per occurrence/$2 million general aggregate. Additionally, Contractor is
responsible for ensuring that any Subcontractors provide adequate insurance
coverage for the activities arising out of subcontracts.
3.9.2 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.
3.9.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not
less than $1 million per claim/$2 million general aggregate.
3.9.4 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.
3.9.5 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 provde
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.
3.9.6 Privacy Breach Response Coverage. Contractor must maintain insurance to cover
costs incurred in connection with a Breach, or potential Breach, including:
Washington State Page 12 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
3.9.6.1 Computer forensics assistance to assess the impact of the Breach or
potential Breach, determine root cause, and help determine whether and
the extent to which notification must be provided to comply with Breach
notification laws.
3.9.6.2 Notification and call center services for individuals affected by a Breach.
3.9.6.3 Breach resolution and mitigation services for individuals affected by a
Breach, including fraud prevention, credit monitoring and identity theft
assistance.
3.9.6.4 Regulatory defense, fines and penalties from any claim in the form of a
regulatory proceeding resulting from a violation of any applicable privacy
or security law(s) or regulation(s).
The policy must be maintained for the term of this Agreement and three (3) years following
its termination.
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.
4.3 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments
will not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
4.4 ASSIGNMENT
4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its
rights hereunder, or delegate any of its duties hereunder, except delegations as set
forth in Section 4.37, 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
Washington State Page 13 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
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 (See Attachment 1: Confidential Information
Security Requirements).
4.7.2 Contractors that come into contact with Protected Health Information may be
required to enter into a Business Associate Agreement with HCA in compliance with
the requirements of the Health Insurance Portability and Accountability Act of 1996,
Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of
2009 ("ARRA"), Sec. 13400 — 13424, H.R. 1 (2009) (HITECH Act) (HIPAA).
4.7.3 HCA reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Contractor through this Contract.
Washington State Page 14 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78G79D
Violation of this section by Contractor or its Subcontractors may result in termination
of this Contract and demand for return of all Confidential Information, monetary
damages, or penalties.
4.7.4 The obligations set forth in this Section will survive completion, cancellation,
expiration, or termination of this Contract.
4.8 CONFIDENTIAL INFORMATION SECURITY
The federal government, including the Centers for Medicare and Medicaid Services
(CMS), and the State of Washington all maintain security requirements regarding privacy,
data access, and other areas. Contractor is required to comply with the Confidential
Information Security Requirements set out in Attachment 1 to this Contract and
appropriate portions of the Washington OCIO Security Standard, 141.10
(https://ocio.wa.gov/policies/141-securing-information-technologv-assets/14110-securing-
information-technologv-assets).
4.9 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
4.9.1 Contractor must notify the HCA Privacy Officer (PrivacyOfficer(@-hca.wa.gov) within
five Business Days of discovery of any Breach or suspected Breach of Confidential
Information.
4.9.2 Contractor will take steps necessary to mitigate any known harmful effects of such
unauthorized access including, but not limited to, sanctioning employees and taking
steps necessary to stop further unauthorized access. Contractor agrees to
indemnify and hold HCA harmless for any damages related to unauthorized use or
disclosure of Confidential Information by Contractor, its officers, directors,
employees, Subcontractors or agents.
4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be
made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW
19.255.010, or other law or rule, then:
4.9.3.1 HCA may choose to make any required notifications to the individuals, to
the U.S. Department of Health and Human Services Secretary (DHHS)
Secretary, and to the media, or direct Contractor to make them or any of
them.
4.9.3.2 In any case, Contractor will pay the reasonable costs of notification to
individuals, media, and governmental agencies and of other actions HCA
reasonably considers appropriate to protect HCA clients (such as paying
for regular credit watches in some cases).
4.9.3.3 Contractor will compensate HCA clients for harms caused to them by any
Breach or possible Breach.
Washington State Page 15 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.9.4 Any breach of this clause may result in termination of the Contract and the demand
for return or disposition (Attachment 1, Section 6) of all Confidential Information.
4.9.5 Contractor's obligations regarding Breach notification survive the termination of this
Contract and continue for as long as Contractor maintains the Confidential
Information and for any breach or possible breach at any time.
4.10 CONTRACTOR'S PROPRIETARY INFORMATION
Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records
Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any
specific information that is claimed by Contractor to be Proprietary Information must be
clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW,
HCA will maintain the confidentiality of Contractor's information in its possession that is
marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary
Information, HCA will notify Contractor of the request and of the date that such records will
be released to the requester unless Contractor obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order
enjoining disclosure, HCA will release the requested information on the date specified.
4.11 COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the Contractor for the purpose of securing business.
HCA will have the right, in the event of breach of this clause by the Contractor, to annul
this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
4.12 DEBARMENT
By signing this Contract, Contractor certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded in any Washington
State or Federal department or agency from participating in transactions (debarred).
Contractor agrees to include the above requirement in any and all subcontracts into which
it enters, and also agrees that it will not employ debarred individuals. Contractor must
immediately notify HCA if, during the term of this Contract, Contractor becomes debarred.
HCA may immediately terminate this Contract by providing Contractor written notice, if
Contractor becomes debarred during the term hereof.
4.13 DISPUTES
The parties will use their best, good faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will continue without
Washington State Page 16 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78G79D
delay to carry out their respective responsibilities under this Contract while attempting to
resolve any dispute. When a genuine dispute arises between HCA and the Contractor
regarding the terms of this Contract or the responsibilities imposed herein and it cannot be
resolved between the parties' Contract Managers, either party may initiate the following
dispute resolution process.
4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to
the responding party (email acceptable). The responding party will respond in
writing within five (5) Business Days (email acceptable). If the initiating party is not
satisfied with the response of the responding party, then the initiating party may
request that the HCA Director review the dispute. Any such request from the
initiating party must be submitted in writing to the HCA Director within five (5)
Business Days after receiving the response of the responding party. The HCA
Director will have sole discretion in determining the procedural manner in which he
or she will review the dispute. The HCA Director will inform the parties in writing
within five (5) Business Days of the procedural manner in which he or she will
review the dispute, including a timeframe in which he or she will issue a written
decision.
4.13.2 A party's request for a dispute resolution must:
4.13.2.1 Be in writing;
4.13.2.2 Include a written description of the dispute;
4.13.2.3 State the relative positions of the parties and the remedy sought;
4.13.2.4 State the Contract Number and the names and contact information for the
parties;
4.13.3 This dispute resolution process constitutes the sole administrative remedy available
under this Contract. The parties agree that this resolution process will precede any
action in a judicial or quasi-judicial tribunal.
4.14 ENTIRE AGREEMENT
HCA and Contractor agree that the Contract is the complete and exclusive statement of
the agreement between the parties relating to the subject matter of the Contract and
supersedes all letters of intent or prior contracts, oral or written, between the parties
relating to the subject matter of the Contract, except as provided in Section 4.44
Warranties.
4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA)
4.15.1 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 Page 17 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.15.2 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.
4.15.3 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 3: 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.
4.16 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.
4.17 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:
4.17.1 Terminate this Contract pursuant to Section 4.41.3, Termination for Non-Allocation
of Funds;
4.17.2 Renegotiate the Contract under the revised funding conditions; or
4.17.3 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.
4.17.3.1 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.
4.17.3.2 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
Washington State Page 18 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
date of resumption. For purposes of this subsection, "written notice" may
include email.
4.17.3.3 If the Contractor's proposed resumption date is not acceptable to FICA
and an acceptable date cannot be negotiated, HCA may terminate the
contract by giving written notice to Contractor. The parties agree that the
Contract will be terminated retroactive to the date of the notice of
suspension. HCA will be liable only for payment in accordance with the
terms of this Contract for services rendered prior to the retroactive date of
termination.
4.18 GOVERNING LAW
This Contract is governed in all respects by the laws of the state of Washington, without
reference to conflict of law principles. The jurisdiction for any action hereunder is
exclusively in the Superior Court for the state of Washington, and the venue of any action
hereunder is in the Superior Court for Thurston County, Washington. Nothing in this
Contract will be construed as a waiver by HCA of the State's immunity under the 11 th
Amendment to the United States Constitution.
4.19 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.
4.20 INDEMNIFICATION
Contractor must defend, indemnify, and save HCA harmless from and against all claims,
including reasonable attorneys' fees resulting from such claims, for any or all injuries to
persons or damage to property, or Breach of its confidentiality and notification obligations
under Section 4.7 Confidential Information Protection and Section 4.8 Confidentiality
Breach-Required Notification, arising from intentional or negligent acts or omissions of
Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees,
or agents, in the performance of this Contract.
4.21 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
Washington State Page 19 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
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.
4.22 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.
4.23 LEGAL AND REGULATORY COMPLIANCE
4.23.1 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.
4.23.2 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.
4.23.3 Failure to comply with any provisions of this section may result in Contract
termination.
4.24 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.
4.25 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.
4.26 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
Washington State Page 20 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
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.
4.27 OVERPAYMENTS TO CONTRACTOR
In the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, HCA will provide written notice to Contractor and Contractor will
refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor
fails to make timely refund, HCA may charge Contractor one percent (1%) per month on
the amount due, until paid in full. If the Contractor disagrees with HCA's actions under this
section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes.
4.28 PAY EQUITY
4.28.1 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.
4.28.2 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.
4.28.3 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.
4.28.4 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.
4.28.5 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.
Washington State Page 21 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.29 PUBLICITY
4.29.1 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.
4.29.2 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.
4.30 RECORDS AND DOCUMENTS REVIEW
4.30.1 The Contractor must maintain books, records, documents, magnetic media,
receipts, invoices or other evidence relating to this Contract and the performance of
the services rendered, along with accounting procedures and practices, all of which
sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Contract. At no additional cost, these records, including
materials generated under this Contract, are subject at all reasonable times to
inspection, review, or audit by HCA, the Office of the State Auditor, and state and
federal officials so authorized by law, rule, regulation, or agreement [See 42 USC
1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431,
Subpart Q; and 42 CFR 447.202].
4.30.2 The Contractor must retain such records for a period of six (6) years after the date
of final payment under this Contract.
4.30.3 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.
4.31 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive, but are in addition to all other
remedies available under law.
4.32 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.
Washington State Page 22 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.33 RIGHTS IN DATA/OWNERSHIP
4.33.1 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.
4.33.2 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.
4.33.3 Contractor will execute all documents and perform such other proper acts as HCA
may deem necessary to secure for HCA the rights pursuant to this section.
4.33.4 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.
4.33.5 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.
4.33.6 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
Washington State Page 23 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
infringement of other intellectual property right worldwide received by Contractor
with respect to any Preexisting Material delivered under this Contract.
4.34 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.
4.35 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.
4.36 SITE SECURITY
While on HCA premises, Contractor, its agents, employees, or Subcontractors must
conform in all respects with physical, fire or other security policies or regulations. Failure to
comply with these regulations may be grounds for revoking or suspending security access
to these facilities. HCA reserves the right and authority to immediately revoke security
access to Contractor staff for any real or threatened breach of this provision. Upon
reassignment or termination of any Contractor staff, Contractor agrees to promptly notify
HCA.
4.37 SUBCONTRACTING
4.37.1 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.
4.37.2 Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
Washington State Page 24 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D413B-B962-9091EE78C79D
4.37.3 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.
4.37.4 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.
4.37.5 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.
4.38 SUBRECIPIENT
4.38.1 General
If the Contractor is a subrecipient (as defined in 45 CFR 75.2 and 2 CFR 200.93)
of federal awards, then the Contractor, in accordance with 2 CFR 200.501 and 45
CFR 75.501, shall:
4.38.1.1 Maintain records that identify, in its accounts, all federal awards received
and expended and the federal programs under which they were received,
by Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, name of the federal agency, and name of the
pass-through entity;
4.38.1.2 Maintain internal controls that provide reasonable assurance that the
Contractor is managing federal awards in compliance with laws,
regulations, and provisions of contracts or grant agreements that could
have a material effect on each of its federal programs;
4.38.1.3 Prepare appropriate financial statements, including a schedule of
expenditures of federal awards;
4.38.1.4 Incorporate OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501
audit requirements into all agreements between the Contractor and its
Subcontractors who are subrecipients;
4.38.1.5 Comply with any future amendments to OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501 and any successor or replacement Circular
or regulation;
4.38.1.6 Comply with the applicable requirements of OMB Super Circular 2 CFR
200.501 and 45 CFR 75.501 and any future amendments to OMB Super
Circular 2 CFR 200.501 and 45 CFR 75.501, and any successor or
replacement Circular or regulation; and
4.38.1.7 Comply with the Omnibus Crime Control and Safe streets Act of 1968,
Washington State Page 25 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX
of the Education Amendments of 1972, The Age Discrimination Act of
1975, and The Department of Justice Non-Discrimination Regulations, 28
C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39.
(Go to hftp://omp.gov/about/offices/ocr.htm for additional information and
access to the aforementioned Federal laws and regulations.)
4.38.2 Single Audit Act Compliance
If the Contractor is a subrecipient and expends $750,000 or more in federal awards
from any and/or all sources in any fiscal year, the Contractor will procure and pay
for a single audit or a program-specific audit for that fiscal year. Upon completion
of each audit, the Contractor will:
4.38.2.1 Submit to the Authority contact person the data collection form and
reporting package specified in OMB Super Circular 2 CFR 200.501 and
45 CFR 75.501, reports required by the program-specific audit guide (if
applicable), and a copy of any management letters issued by the auditor;
4.38.2.2 Follow-up and develop corrective action for all audit findings; in
accordance with OMB Super Circular 2 CFR 200.501 and 45 CFR
75.501, prepare a "Summary Schedule of Prior Audit Findings."
4.38.3 Overpayments
4.38.3.1 If it is determined by HCA, or during the course of a required audit, that
Contractor has been paid unallowable costs under this or any Program
Agreement, Contractor will refund the full amount to HCA as provided in
Section 4.27 Overpayments to Contractors.
4.39 SURVIVAL
The terms and conditions contained in this Contract that, by their sense and context, are
intended to survive the completion, cancellation, termination, or expiration of the Contract
will survive. In addition, the terms of the sections titled Confidential Information Protection,
Confidential Information Breach— Required Notification, Contractor's Proprietary
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.
4.40 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
Washington State Page 26 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
property taxes levied or assessed on Contractor's personal property. HCA, as an agency
of Washington State government, is exempt from property tax.
Contractor must complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this Contract.
4.41 TERMINATION
4.41.1 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."
4.41.2 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.
4.41.3 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
Washington State Page 27 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78G79D
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.
4.41.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY
In the event that the authority of HCA to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior
to normal completion, HCA may immediately terminate this Contract by providing
written notice to the Contractor. The termination will be effective on the date
specified in the termination notice. HCA will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the
effective date of termination. HCA agrees to notify Contractor of such withdrawal of
authority at the earliest possible time. No penalty will accrue to HCA in the event
the termination option in this section is exercised.
4.41.5 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.
4.42 TERMINATION PROCEDURES
4.42.1 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.
4.42.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed
work and services accepted by HCA and the amount agreed upon by the Contractor
and HCA for (i) completed work and services for which no separate price is stated;
(ii) partially completed work and services; (iii) other property or services that are
accepted by HCA; and (iv) the protection and preservation of property, unless the
termination is for default, in which case HCA will determine the extent of the liability.
Failure to agree with such determination will be a dispute within the meaning of
Section 4.13 Disputes. HCA may withhold from any amounts due the Contractor
such sum as HCA determines to be necessary to protect HCA against potential loss
or liability.
4.42.3 After receipt of notice of termination, and except as otherwise directed by HCA,
Contractor must:
Washington State Page 28 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.42.3.1 Stop work under the Contract on the date of, and to the extent specified
in, the notice;
4.42.3.2 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;
4.42.3.3 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;
4.42.3.4 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratification of
HCA to the extent HCA may require, which approval or ratification will be
final for all the purposes of this clause;
4.42.3.5 Transfer title to and deliver as directed by HCA any property required to
be furnished to HCA;
4.42.3.6 Complete performance of any part of the work that was not terminated by
HCA; and
4.42.3.7 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.
4.43 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.
4.44 WARRANTIES
4.44.1 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.
4.44.2 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.
Washington State Page 29 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78G79D
4.44.3 Any written commitment by Contractor within the scope of this Contract will be
binding upon Contractor. Failure of Contractor to fulfill such a commitment may
constitute breach and will render Contractor liable for damages under the terms of
this Contract. For purposes of this section, a commitment by Contractor includes:
(i) Prices, discounts, and options committed to remain in force over a specified
period of time; and (ii) any warranty or representation made by Contractor to HCA
or contained in any Contractor publications, or descriptions of services in written or
other communication medium, used to influence HCA to enter into this Contract.
Washington State Page 30 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
DocuSign Envelope ID:04612028-8720-413B-B962-9091EE78C79D
ATTACHMENT 1
Confidential Information Security Requirements
1. Definitions
In addition to the definitions set out in Section 2 of this Contract K5736 for LEAD Expansion
Services, the definitions below apply to this Attachment.
a. "Hardened Password" means a string of characters containing at least three of the following
character classes: upper case letters; lower case letters; numerals; and special characters,
such as an asterisk, ampersand or exclamation point.
i. Passwords for external authentication must be a minimum of 10 characters long.
ii. Passwords for internal authentication must be a minimum of 8 characters long.
iii. Passwords used for system service or service accounts must be a minimum of 20
characters long.
b. "Portable/Removable Media" means any Data storage device that can be detached or
removed from a computer and transported, including but not limited to: optical media (e.g.
CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC).
c. "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's, flash memory
devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet
computers. If used to store Confidential Information, devices should be Federal Information
Processing Standards (FIPS) Level 2 compliant.
d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas
may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a
room, as long as access to the Confidential Information is not available to unauthorized
personnel.
e. "Transmitting" means the transferring of data electronically, such as via email, SFTP,
webservices, AWS Snowball, etc.
f. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a
person authorized to have access to the Confidential Information with written
acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or
USPS delivery services that include Tracking, such as Certified Mail, Express Mail or
Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer
tracking and receipt confirmation; and (4) the Washington State Campus mail system. For
electronic transmission, the Washington State Governmental Network (SGN) is a Trusted
System for communications within that Network.
Washington State Page 31 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 1 —Confidential Information Security Requirements
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
g. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase, or other mechanism, authenticates a user to an
information system.
2. Confidential Information Transmitting
a. When transmitting HCA's Confidential Information electronically, including via email, the
Data must be encrypted using NIST 800-series approved algorithms
(http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public
internet.
b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party
must use a Trusted System.
3. Protection of Confidential Information
The Contractor agrees to store Confidential Information as described:
a. Data at Rest:
i. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will
be stored and protected independently of the data. Access to the Data will be restricted
to Authorized Users through the use of access control lists, a Unique User ID, and a
Hardened Password, or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Systems which contain or provide
access to Confidential Information must be located in an area that is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
ii. Data stored on Portable/Removable Media or Devices:
• Confidential Information provided by HCA on Removable Media will be encrypted
with NIST 800-series approved algorithms. Encryption keys will be stored and
protected independently of the Data.
• HCA's data must not be stored by the Receiving Party on Portable Devices or
Media unless specifically authorized within the Data Share Agreement. If so
authorized, the Receiving Party must protect the Data by:
1. Encrypting with NIST 800-series approved algorithms. Encryption keys will
be stored and protected independently of the data;
2. Control access to the devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical token or
biometrics;
3. Keeping devices in locked storage when not in use;
Washington State Page 32 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 1 —Confidential Information Security Requirements
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
4. Using check-in/check-out procedures when devices are shared;
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside of a Secured Area, all devices
with Data are under the physical control of an Authorized User.
b. Paper documents. Any paper records containing Confidential Information must be protected
by storing the records in a Secured Area that is accessible only to authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
4. Confidential Information Segregation
HCA Confidential Information received under this Contract must be segregated or otherwise
distinguishable from non-HCA data. This is to ensure that when no longer needed by the
Contractor, all HCA Confidential Information can be identified for return or destruction. It also
aids in determining whether HCA Confidential Information has or may have been compromised
in the event of a security Breach.
a. The HCA Confidential Information must be kept in one of the following ways:
i. on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data;
or
ii. in a logical container on electronic media, such as a partition or folder dedicated to
HCA's Data; or
iii. in a database that will contain only HCA Data; or
iv. within a database and will be distinguishable from non-HCA Data by the value of a
specific field or fields within database records; or
V. when stored as physical paper documents, physically segregated from non-HCA
Data in a drawer, folder, or other container.
b. When it is not feasible or practical to segregate HCA Confidential Information from non-
HCA data, then both the HCA Confidential Information and the non-HCA data with which it
is commingled must be protected as described in this Attachment.
5. Confidential Information Shared with Subcontractors
If HCA Confidential Information provided under this Contract is to be shared with a
Subcontractor, the contract with the Subcontractor must include all of the Confidential
Information Security Requirements.
Washington State Page 33 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 1 —Confidential Information Security Requirements
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78c79D
6. Confidential Information Disposition
When the Confidential Information is no longer needed, except as noted below, the Confidential
Information must be returned to HCA or destroyed. Media are to be destroyed using a method
documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.htmi).
a. For HCA's Confidential Information stored on network disks, deleting unneeded
Confidential Information is sufficient as long as the disks remain in a Secured Area and
otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential
Information as outlined in this section of this Attachment may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secured Area.
Washington State Page 34 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 1 —Confidential Information Security Requirements
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
ATTACHMENT 2
Federal Compliance, Certifications and Assurances
I. 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: Michele Gayle.
a. Source of Funds SABG-AR: This Contract is being funded partially or in full through
Cooperative Contract number 1308T10839777, the full and complete terms and provisions
of which are hereby incorporated into this Contract. Federal funds to support this Contract
are identified by the Catalog of Federal Domestic Assistance (CFDA) number 93.959 in the
amount of $1,098,950. The Contractor or Subrecipient is responsible for tracking and
reporting the cumulative amount expended under HCA Contract K5736.
b. Period of Availability of Funds SABG-AR: Pursuant to 45 CFR 92.23, Contractor or
Subrecipient may charge to the award only costs resulting from obligations of the funding
period specified in B08T10839777 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: This section applies to subrecipients only. Subrecipient (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
Subrecipient 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 Contract 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 Contract.
iii. Change in a key person specified in the Contract.
iv. The absence for more than one (1) 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 Contract.
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 Contractor or Subrecipient shall not enter into a sub-contract for any
of the work performed under this Contract 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 Contract pertaining to Debarred
and Suspended Vendors, Lobbying certification, Audit requirements, and/or any other
project Federal, state, and local requirements.
Washington State Page 35 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
f. Condition for Receipt of Health Care Authority Funds: Funds provided by Health Care
Authority to the Contractor or Subrecipient under this Contract may not be used by the
Contractor or Subrecipient 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 Contractor or Subrecipient's 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
Contract.
h. Supplanting Compliance: SABG: If SABG funds support this Contract, the Block Grant will
not be used to supplant State funding of alcohol and other drug prevention and treatment
programs. (45 CFR section 96.123(a)(10)).
i. 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.
j. Federal Compliance: The Contractor or Subrecipient shall comply with all applicable State
and Federal statutes, laws, rules, and regulations in the performance of this Contract,
whether included specifically in this Contract or not.
k. Civil Rights and Non-Discrimination Obligations: During the performance of this Contract,
the Contractor or Subrecipient 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 VIII 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/civiIrights.
HCA Federal Compliance Contact Information
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 Service. The federal Circulars which
provide the applicable administrative requirements, cost principles and audit requirements are identified
by sub-awardee organization type.
OMB CIRCULAR
ENTITY TYPE ADMINISTRATIVE COST AUDIT REQUIREMENTS
REQUIREMENTS PRINCIPLES
Washington State Page 36 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
State. Local and Indian OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501
Tribal Governments and
Governmental Hospitals
Non-Profit
Organizations and Non-
Profit Hospitals
Colleges or Universities
and Affiliated Hospitals
For-Profit Organizations
III. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances,
Certifications, and Special Conditions that apply to all federally funded (in whole or in part) Contracts
administered by the Washington State Health Care Authority.
a. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION : The undersigned
(authorized official signing for the contracting organization) certifies to the best of his or her
knowledge and belief, that the contractor, defined as the primary participant in accordance
with 45 CFR Part 76, and its principals: are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from covered transactions by any
Federal Department or agency have not within a 3-year period preceding this contract been
convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local)with commission of any of the offenses enumerated in Section 2 of
this certification; and have not within a 3-year period preceding this contract had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Should the Contractor or Subrecipient not be able to provide this certification, an explanation
as to why should be placed after the assurances page in the contract.
The contractor agrees by signing this contract that it will include, without modification, the
clause above certification in all lower tier covered transactions (i.e., transactions with sub-
grantees and/or contractors) and in all solicitations for lower tier covered transactions in
accordance with 45 CFR Part 76.
b. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: The
undersigned (authorized official signing for the contracting organization) certifies that the
contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR
Part 76 by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
Establishing an ongoing drug-free awareness program to inform employees about
i. The dangers of drug abuse in the workplace;
ii. The contractor's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
Washington State Page 37 of 55 LEAD Expansion Services
Health Care Authority FICA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78c79D
2. Making it a requirement that each employee to be engaged in the performance of the contract be
given a copy of the statement required by paragraph (1) above;
3. Notifying the employee in the statement required by paragraph (1), above, that, as a condition of
employment under the contract, the employee Will—
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five (5) calendar days after such conviction;
4. Notifying the agency in writing within ten calendar days after receiving notice under paragraph
(III)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title,to every contract officer or other
designee on whose contract activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notice shall include the
identification number(s)of each affected grant;
5. Taking one of the following actions, within thirty (30) calendar days of receiving notice under
paragraph (III) (b), with respect to any employee who is so convicted—
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;
or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
6. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (1)through (V).
For purposes of paragraph (V) regarding agency notification of criminal drug convictions, Authority
has designated the following central point for receipt of such notices:
Legal Services Manager
WA State Health Care Authority
PO Box 42700
Olympia, WA 98504-2700
c. CERTIFICATION REGARDING LOBBYING: Title 31, United States Code, Section 1352,
entitled "Limitation on use of appropriated funds to influence certain Federal contracting and
financial transactions," generally prohibits recipients of Federal grants and cooperative
Contracts from using Federal (appropriated) funds for lobbying the Executive or Legislative
Branches of the Federal Government in connection with a SPECIFIC grant or cooperative
Contract. Section 1352 also requires that each person who requests or receives a Federal
grant or cooperative Contract must disclose lobbying undertaken with non-Federal
(nonappropriated) funds. These requirements apply to grants and cooperative Contracts
EXCEEDING $100,000 in total costs (45 CFR Part 93).
The undersigned (authorized official signing for the contracting organization) certifies, to the
best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative Contract, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative Contract.
2. If any funds other than Federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Washington State Page 38 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative Contract, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its
instructions, and continuation sheet are included at the end of this application form.)
3. The undersigned shall require that the language of this certification be included in the award
documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts
under grants, loans and cooperative Contracts) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
d. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT(PFCRA): The
undersigned (authorized official signing for the contracting organization) certifies that the
statements herein are true, complete, and accurate to the best of his or her knowledge, and
that he or she is aware that any false, fictitious, or fraudulent statements or claims may
subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that
the contracting organization will comply with the Public Health Service terms and conditions
of award if a contract is awarded.
e. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE: Public Law 103-
227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity
and used routinely or regularly for the provision of health, day care, early childhood
development services, education or library services to children under the age of 18, if the
services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to
children's services that are provided in indoor facilities that are constructed, operated, or
maintained with such Federal funds. The law does not apply to children's services provided
in private residence, portions of facilities used for inpatient drug or alcohol treatment, service
providers whose sole source of applicable Federal funds is Medicare or Medicaid, orfacilities
where WIC coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity.
By signing the certification, the undersigned certifies that the contracting organization will
comply with the requirements of the Act and will not allow smoking within any portion of any
indoor facility used for the provision of services for children as defined by the Act.
The contracting organization agrees that it will require that the language of this certification
be included in any subcontracts which contain provisions for children's services and that all
sub-recipients shall certify accordingly.
The Public Health Services strongly encourages all recipients to provide a smoke-free
workplace and promote the non-use of tobacco products. This is consistent with the
PHS mission to protect and advance the physical and mental health of the American
people.
f. CERTIFICATION REGARDING OTHER RESPONSIBILITY MATTERS
Washington State Page 39 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
1. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective contractor shall submit an
explanation of why it cannot provide the certification set out below.The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective contractor to furnish a certification or an
explanation shall disqualify such person from participation in this transaction.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective contractor knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
3. The prospective contractor shall provide immediate written notice to the department or agency to
whom this contract is submitted if at any time the prospective contractor learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the person to whom this contract is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective contractor agrees by submitting this contract that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by Authority.
6. 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.
7. 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, HCA may terminate this
transaction for cause or default.
CONTRACTOR SIGNATURE REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL: TITLE:
PLEASE ALSO PRINT OR TYPE NAME:
ORGANIZATION NAME: (if applicable) DATE:
Washington State Page 40 of 55 LEAD Expansion Services
Health Care Authority FICA Contract#K5736
Attachment 2—Federal Compliance, Certifications and Assurances
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
ATTACHMENT 3
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 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://www.uscontractorregistration.com/.
CONTRACTOR
1. Legal Name: Mason County Community Service 2. DUNS Number: 69580751
3. Principle Place of Performance:415 N 6th Street 3a. Congressional District
3b. City: Shelton 3c. State: WA
3d. Zip+4: 98584 3e. Country
4. Are you registered in CCR(https://www.uscontractorregistration.com/)? ❑YES (skip to page 2. Sign, date and return) ❑NO
In the preceding fiscal year did your organization:
a. Receive 80%or more of annual gross revenue from procurement federal contracts, Subcontracts, grants, loans, sub-grants,
and/or cooperative agreements; and
b. $25,000,000 or more in annual gross revenues from federal procurement 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 Page 41 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 3—Federal Funding Accountability and Transparency Act(FFATA)Data Collection Form
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Signature of Contractor Authorized Representative Date
HCA will not endorse the Contractor's sub-award until this form is completed and returned.
FOR HEALTH CARE AUTHORITY USE ONLY
HCA Contract Number: K5736
FAIN: B08T10839777
Sub-award Project Description (see instructions and examples below)
Provide intesive 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.
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 Page 42 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 3—Federal Funding Accountability and Transparency Act(FFATA)Data Collection Form
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
ATTACHMENT 4
Substance Abuse and Mental Health Services Agency (SAMHSA) Award Terms
By drawing or otherwise obtaining funds as a subawardee or contractor of a non-federal entity
drawing or otherwise obtaining funds from SAMHSA, a branch of the United States Department of
Health and Human Services (HHS), you agree to the following pass-through terms and conditions.
Name Language
Acceptance of the This Subaward is subject to the SAMHSA Fiscal Year 2021 —Award
Terms of an Award Standard Terms, included directly, or incorporated by reference on the Notice
of Award (NoA) support the grant.
Non-Supplanting Federal award funds must supplement, not supplant, nonfederal funds. All
recipients who receive awards under programs that prohibit supplanting by
law must ensure that federal funds do not supplant funds that have been
budgeted for the same purpose through non-federal sources. Applicants or
award recipients may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the
receipt of expected receipt of federal funds.
Block grant funds (SABG and MHBG) will not be used to supplant state
funding of alcohol and other drug prevention programs. See 45 CFR §
98.123
Unallowable Costs All costs incurred prior to the award issue date and costs not consistent with
the funding opportunity, 45 CFR Part 75, and the HHS Grants Policy
Statement, are not allowable under this subaward.
Marijuana Grant funds may not be used, directly or indirectly, to purchase, prescribe, or
Restrictions provide marijuana treatment using marijuana. Treatment in this context
includes the treatment or opioid use disorder. Grant funds also cannot be
provided to any individual who or organization that provides or permits
marijuana use for the purposes of treating substance use or mental
disorders. See, e.g., 45 CFR 75.300(a); 21 USC 812(c)(10) and 841. This
prohibition does not apply to those providing such treatment in the context of
clinical research permitted by the DEA and under an FDA-approved
investigational new drug application where the article being evaluated is
marijuana or a constituent thereof that is otherwise a banned controlled
substances under the federal law.
Executive Pay The Consolidated Appropriations Act, 2021 (Public Law 116-260), signed into
law on December 27, 2020 restricts the amount of direct salary to Executive
Level II of the Federal Executive Pay scale. Effective January 3, 2021, the
salary limitation for Executive Level II is $199,300.
Washington State Page 43 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 4-SAMHSA Award Terms
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Name Language
Promotional Items SAMHSA grant funds may not be used for Promotional Items. Promotional
Items include but are not limited to: Clothing and commemorative items such
as pens, mugs/cups, folders/folios, lanyards, and conference bags.
Acknowledgment of When a conference is funded by a grant or cooperative agreement, the
Federal Funding at recipient must include the following statement in all conference materials
Conferences and (including promotional materials, agenda, and internet sites):
Meetings Funding for this conference was made possible 9in part) by(insert grant or
cooperative agreement award number) from SAMHSA. The views expressed
in written conference materials or publications and by speakers and
moderators do not necessarily reflect the official policies of the Department of
Health and Human Services; nor does mention of trade names, commercial
practices, or organizations imply endorsements by the U.S. Government.
Rights in Data and As applicable, recipients agree to the requirements for intellectual property,
Publications rights in data, access to research data, publications, and sharing research
tools, and intangible property and copyrights as described in 45 CFR 75.322
and the HHS Grants Policy Statement.
HCA may copyright any work that is subject to copyright and was developed,
or for which ownership was acquired, under a Federal Award. SAMHSA
reserves a royalty-free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use the work for Federal purposes, and to authorize
others to do so.
Mandatory Consistent with 45 CFR 75.113, Subrecipients must disclose, in a timely
Disclosures manner, in writing to HCA and the HHS Office of Inspector General (OIG), all
information related to violations, or suspected violations, of Federal criminal
law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award. Disclosures must be sent in writing to HCA and the HHS OIG
at the following addresses:
U.S. Department of Health and Human Services
Office of Inspector General
ATTN: Mandatory Grant Disclosures, Intake Coordinator
330 Independence Avenue, SW, Cohen Building Room 5527
Washington DC 20201
Fax: (202) 205-0604 (include "Mandatory Grant Disclosures" in subject line
or email)
Washington State Page 44 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 4-SAMHSA Award Terms
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Name Language
MandatoryGranteeDisclosures(a�oig.hhs.gov
Failure to make required disclosures can result in any of the remedies
described in 45 CFR 75.371 remedies for noncompliance, including
suspension or debarment (See 2 CFR parts 180 & 376 and 31 USC 3321)
Lobbying Restrictions Per 45 CFR §75.215, Subrecipients are subject to the restrictions on
lobbying as set forth in 45 CFR part 93.
U.S.C. > Title 18 > Part I > Chapter 93 > Section 1913, No part of the money
appropriated by any enactment of Congress shall, in the absence of express
authorization by Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone, letter, printed or
written matter, or other device, intended or designed to influence in any
manner a Member of Congress, a jurisdiction, or an official of any
government, to favor, adopt, or oppose, by vote or otherwise, any legislation,
law, ratification, policy, or appropriation, whether before or after the
introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from
communicating to any such Member or official, at his/her request, or to
Congress or such official, through the proper official channels, requests for
any legislation, law, ratification, policy, or appropriations which they deem
necessary for the efficient conduct of the public business, or from making any
communication whose prohibition by this section might, in the opinion of the
Attorney General, violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or national security activities.
Violations of this section shall constitute as a violation of section 1352 (a) of
Title 31.
Drug Free Workplace The Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.) requires that
all organizations receiving grants from any Federal agency agree to maintain
a drug-free workplace. By signing this Contract, you agree that the grantee
will provide a drug-free workplace and will comply with the requirement to
notify NIH if an employee is convicted of violating a criminal drug statute.
Failure to comply with these requirements may be cause for debarment.
Government wide requirements for Drug-Free Workplace for Financial
Assistance are found in 2 CFR part 182; HHS implementing regulations are
set forth in 2 CFR part 382.400. All recipients of NIH grant funds must
comply with the requirements in Subpart B (or Subpart C if the recipient is an
individual) of part 382.
Trafficking Victims The Trafficking Victims Protection Act of 2000 authorizes termination of
Protection Act of financial assistance provided to a private entity, without penalty to the
Washington State Page 45 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 4-SAMHSA Award Terms
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
Name Language
2000 (22 USC Federal government, if the recipient or subrecipient engages in certain
7104(G)), as activities related to trafficking in persons.
amended, and 2 CFR SAMHSA or HCA may unilaterally terminate this award, without penalty, if a
Part 175 private entity recipient, or a private entity subrecipient, or their employees: a)
Engage in severe forms of trafficking in persons during the period of time that
the award is in effect; b) Procure a commercial sex act during the period of
time that the award is in effect; or, c) Use forced labor in the performance of
the award or subawards under the award.
The text of the full award term is available at 2 C.F.R. § 175.15(b). See
http://www.gpo.gov/fdsys/pkq/CFR-2012-title2-volt/pdf/CFR-2012-title2-vol1-
sec175-15.pdf
Confidentiality of The regulations (42 CFR 2) are applicable to any information about alcohol
Alcohol and Drug and other drug abuse patients obtained by a "program" (42 CFR 2.11), if the
Abuse Patient program is federally assisted in any manner (42 CFR 2.12b). Accordingly, all
Records project patient records are confidential and may be disclosed and used only
in accordance with 42 CFR Part 2. The Subrecipient is responsible for
assuring compliance with these regulations and principles, including
responsibility for assuring the security and confidentiality of all electronically
transmitted patient material.
Healthy People 2020 Healthy People 2020 is a national initiative led by HHS that set priorities for
all SAMHSA programs. The initiative has two major goals: (1) increase the
quality and years of a healthy life; and (2) eliminate our country's health
disparities. The program consists of 28 focus areas and 467 objectives.
SAMHSA has actively participated in the work groups of all the focus areas
and is committed to the achievement of the Healthy People 2020 goals.
Healthy People 2010 and the conceptual framework for the forthcoming
Healthy People 2020 process can be found online at:
http://www.healthVpeople.gov/
Accessibility Recipients of Federal financial assistance (FFA)from HHS must administer
Provisions their programs in compliance with Federal civil rights law. This means that
recipients of HHS funds must ensure equal access to their programs without
regard to a person's race, color, national origin, disability, age, and in some
circumstances, sex and religion. This includes ensuring your programs are
accessible to persons with limited English proficiency.
The HHS Office for Civil Rights also provides guidance on complying with
civil rights laws enforced by HHS. Please see:
http://www.hhs.gov/ocr/civiIrights/understanding/section1557/index.htm1.
Washington State Page 46 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 4-SAMHSA Award Terms
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
Name Language
Recipients of FFA also have specific legal obligations for serving qualified
individuals with disabilities. Please see-
http://www.hhs.gov/ocr/civilrights/understanding/disability/index.html.
Please contact the HHS Office for Civil Rights for more information about
obligations and prohibitions under Federal civil rights laws at
https://www.hhs.gov/civil- rights/index.html or call 1-800-368-1019 or TDD 1-
800- 537-7697.
Also note that it is an HHS Departmental goal to ensure access to quality,
culturally competent care, including long-term services and supports, for
vulnerable populations. For further guidance on providing culturally and
linguistically appropriate services, recipients should review the National
Standards for Culturally and Linguistically Appropriate Services in Health and
Health Care at
https://minoritVhealth.hhs.gov/omh/browse.aspx?lvl=l&lvlid=6..
Legislative Mandates Certain statutory provisions under P.L. 115-245, Department of Defense and
Labor, Health and Human Services, and Education Appropriations Act, 2019,
Division B, Title V, Title II, General Provisions limit the use of funds on
SAMHSA grants, cooperative agreements, and contract awards. Such
provisions are subject to change annually based on specific appropriation
language that restricts the use of grant funds. The full text of P.L. 115-245 is
available at https://www.congress.gov/bill/115th-
congress/housebill/6157/text? Format=txt.
Ad Hoc Submissions Throughout the project period, SAMHSA may determine that a grant requires
submission of additional information beyond the standard deliverables. This
information may include, but is not limited to, the following:
• Payroll
• Purchase orders
• Contract documentation
• Proof of project implementation
Washington State Page 47 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 4-SAMHSA Award Terms
DocuSign Envelope ID:04612028-8721)-413B-B962-9091EE78C79D
ATTACHMENT 5
Federal Award Identification for Subrecipients
Substance Abuse Prevention and Treatment Block Grant -AR
(i) Subrecipient name (which must match the Mason County Community Service
name associated with its unique entity
identifier);
(ii) Subrecipient's unique entity identifier; (DUNS) 69580751
(iii) Federal Award Identification Number (FAIN); B08T10839777
(iv) Federal Award Date (see §200.39 Federal 9/1/2021 —9/30/2025
award date);
(v) Subaward Period of Performance Start and Date of Execution —6/30/2023
End Date;
(vi) Amount of Federal Funds Obligated by this $1,098,950
action;
(vii) Total Amount of Federal Funds Obligated to $1,098,950
the subrecipient;
(xiii) Total Amount of the Federal Award; $30,586,435
(ix) Federal award project description, as required Block Grants for Prevention and
to be responsive to the Federal Funding Treatment of Substance Abuse
Accountability and Transparency Act (FFATA);
(x) Name of Federal awarding agency, pass- SAMHSA
through entity, and contact information for WA State Health Care Authority
awarding official, Keri Waterland, Assistant Director
DBHR
626 8th Ave SE; Olympia, WA 98504-
5330
Keri.waterland(ahca.wa.gov
(xi) CFDA Number and Name; the pass-through 93.959
entity must identify the dollar amount made Substance Abuse Prevention and
available under each Federal award and the Treatment Block Grant
CFDA number at time of disbursement;
(xii) Identification of whether the award is R&D; and ❑ Yes ® No
(xiii) Indirect cost rate for the Federal award de minimus (10%)
(including if the de minimis rate is charged per
§200.414 Indirect (F&A) costs).
Washington State Page 48 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Attachment 5—Federal Award Identification for Subrecipients
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
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 the LEAD program 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. DEFINITIONS
"Julota" means a case management electronic record system
"LEAD" or"Law Enforcement Assisted Diversion" means a registered trademark referring to the
LEAD program developed by the Seattle-King County LEAD Policy Coordinating Group. The
LEAD program is managed by the Public Defender Association, and is 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.
"NSB" or"National Support Bureau" 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 program's core principles.
"PDA" or"Public Defender Association" means the agency that will provide technical assistance
for LEAD site selection, implementation and evaluation.
"ROI" means Release of Information
"URICA" means University of Rhode Island Change Assessment scale
3. HCA RESPONSIBILITIES
3.1. Provide a contract manager to monitor all progress under the program; and
3.2. Provide timely responses to all inquiries from the Contractor
4. CONTRACTOR RESPONSIBILITIES
4.1. Coordinate with NSB for purposes of receiving technical assistance;
4.2. Coordinate with NSB for training on policies and protocols for LEAD program referrals and
diversion-eligible offenses;
Washington State Page 49 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.3. Coordinate with NSB to develop a LEAD program site evaluation plan with the intent of
yielding the following results:
4.3.1. Reduction in arrests, time spent in custody, and/or recidivism for program
participants;
4.3.2. Increase access to and utilization of non-emergency community behavioral health
and/or substance use services;
4.3.3. Reduction in the utilization in emergency services;
4.3.4. Increased resilience, stability, and well-being for program participants; and
4.3.5. Reduction in cost for the justice system in comparison to processing cases as
usual through the justice system.
4.4. Under this contract provide intensive case management services through a pilot project
for the LEAD program which shall adhere to 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 maintaining an
executive committee that consists of the following members:
4.4.1. Community-based organizations;
4.4.2. Local government;
4.4.3. Law enforcement;
4.4.4. Prosecutors;
4.4.5. Public health experts; and
4.4.6. Organizations led by and representing individuals with past justice system
involvement
4.5. As a LEAD program pilot site Contractor will:
4.5.1. Accept and follow all guidance provided by the PDA technical assistance team to
ensure that the pilot site maintains fidelity to the LEAD program model as
referenced in RCW 71.24.589.
4.5.2. 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 a Julota data collection and case management system,
including being required to:
Washington State Page 50 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
4.5.2.1. Establish effective workflows for case managers to record needed
data in Julota and/or establish any needed data uploads or interfaces
to ensure needed data are included in the Julota platform for reporting
to the HCA and lessen any duplicate data entry burden on staff(e.g.,
bringing data in from local EHR systems, law enforcement, emergency
departments, etc.)
4.5.2.2. Implement the referral functions to be used to identify possible
participants and track referral data related to participants of the LEAD
program, including use of external referral links to receive referrals
directly from partners and resources in the community who identify
eligible participants
4.5.2.3. Utilize the automation of notifications/alerts to maximize on efficiency
of communication and processing of data related to the system
4.5.2.4. Use the participant surveys to evaluate program participation and
engagement
4.5.2.5. Implement user accounts with trusted partners who may be providing
services to participants on behalf of the case management company
so the outcomes of those connections and services can be included in
the data provided to HCA
4.5.2.6. Collect the number or individuals contacted through law enforcement
response and/or social contact referrals;
4.5.2.7. Collect the number of individuals admitted into LEAD program;
4.5.2.8. Collect aggregated demographics for individuals admitted, including;
A. Race;
B. Gender;
C. Age; and
D. Housing status
4.5.2.9. Collect aggregated intake form:
E. Self-reported behavioral health;
F. Employment;
G. Family; and
Washington State Page 51 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
H. Financial information
4.5.2.10. Collect the following LEAD program evaluation metrics:
I. Number of police contacts related to criminal behavior/suspected
criminal behavior
J. Number of arrests-categorize by type
K. Number or warrants
L. Number of criminal charges categorize by type
M. Number of jail bookings
N. Number of jail bed days
O. Number of visits to an emergency room
P. Number of inpatient admits to hospital care
Q. Number of contacts with fire/EMS
R. Number of times team meets with participants-categorized by
type: case management, peer counseling, brief outreach
S. Number of referrals to service-categorized by type: mental
health, substance use disorder, medical, housing, insurance,
benefits, food, shelter, employment, etc.
T. Number of connections to services-categorized by type: mental
health, substance use disorder, medical, housing, insurance,
benefits, food, shelter, employment, etc.
U. Percentage of individuals that received a URICA score
V. Participant survey baseline, at six (6) months and one (1) year
4.5.3. The LEAD program manager will provide logistical coordination, support, and
record-keeping to the local LEAD advisory board and operational workgroup.
Meetings will be scheduled as frequently as necessary to maintain the integrity
and operation of the LEAD program; This support shall include, but not limited to
the following:
4.5.3.1. Set meeting dates and provide coordination of presenters and subject
matter experts for the LEAD advisory board and Steering Board
meetings;
Washington State Page 52 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78G79D
4.5.3.2. Work with PDA program manager to develop and provide an agenda
to LEAD advisory board members for each meeting;
4.5.3.3. Provide all meeting agendas, minutes and pertinent documents to the
PDA program manager and the HCA Contract Manager
4.5.3.4. Meet at least monthly with the PDA program manager to ensure
communication and coordination of project;
4.5.3.5. Upon request, participate in presentations to key state and local
stakeholders on progress;
4.5.3.6. Create and/or renew MOUs to facilitate information sharing; and
4.5.3.7. Provide a satisfaction survey to participants, officers, and stake
holders within the last quarter of the program.
4.5.4. Operational workgroup meetings are for the purposes of coordinating care for
LEAD program participants and only those participants that have signed an ROI
with operational workgroups members are to be discussed during the workgroup
meetings.
4.5.5. Coordinate, schedule and conduct operational workgroup meetings, as needed,
and is to include the following participants:
4.5.5.1. Law Enforcement Officers referring to the LEAD program
4.5.5.2. Prosecutors considering cases involving LEAD program participants
4.5.5.3. Case Managers assisting LEAD program participants
4.5.5.4. LEAD program project managers
4.5.6. The LEAD program manager will participate in technical assistance calls with the
PDA program manager, at least once a month, to maintain the integrity and
fidelity of the LEAD program.
4.5.7. Maintain employees and/or contract clinical support positions, to include the
following:
4.5.7.1. Outreach Coordinator;
4.5.7.2. Clinical Supervisor, and
4.5.7.3. Case Manager.
Washington State Page 53 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091 EE78C79D
4.5.8. Coordinate, schedule, and conduct LEAD steering committee and advisory board
meetings as needed to maintain the integrity and fidelity of the LEAD program.
4.5.9. 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.
4.5.10. Monitor to ensure LEAD program has made at least 350 referrals of new,
previously referred or previously discharged participants, admit at least the
minimum required to maintain a case load of at least 45 individuals per case
manager, by June 30, 2023.
4.5.11. Submit Monthly Reports as detailed in the Deliverable Table with the invoice to
the HCA Contract Manager, including but not limited to: how many individuals
referred, number of active participants, current barriers, attempts to resolve
barriers, any staffing changes, any success stories, and TA needs.
4.5.12. Ensure travel pe diem, computers, office supplies and all the other supplies and
tools necessary to perform defined duties are provided to LEAD program staff
and/or contract staff.
5. Deliverables Table
# Deliverable Due Date Payment
1 Renew contract with Julota Case Within thirty (45) days of the Date One-time
Management and Data Collection of Execution payment of
Software platform. $83,868
2 Minutes detailing all local LEAD Due the 15th of each month, $2,000 per
advisory board and operational following the month of service meeting, not to
workgroup meetings. exceed $126,000
Up to 63 meetings throughout the
duration of this Contract.
(averaging 3 meetings per month).
3 Monthly Technical Assistance (TA) No less than one (1) call per $10,000 per
calls with the PDA Technical month. month, not to
Assistance Team. exceed $210,000
4 Monthly Data Collection Report Due the 15th of each month, $15,000 per
following the month of service month, not to
exceed $315,000
Washington State Page 54 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
DocuSign Envelope ID:04612028-872D-413B-B962-9091EE78C79D
# Deliverable Due Date Payment
5 LEAD Monthly Progress Report Due the 15' of each month, $11,000 per
following the month of service month, not to
exceed $231,000
6 Successfully refer a minimum of June 30, 2023 One-time
350 individuals, admit at least the payment of
minimum required to maintain an $23,187
average case load of at least 45
per case manager hired, each year.
7 Indirect (administrative) costs: Only Monthly, and no later than 60 10% of direct
10% of direct costs. days following the Contract end costs- up to
date. $109,895
Maximum Consideration for HCA Contract K5736 $1,098,950
Washington State Page 55 of 55 LEAD Expansion Services
Health Care Authority HCA Contract#K5736
Schedule A—Statement of Work
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a Public Hearing from the Mason County Courthouse Building I, Commission Chambers, 411
North Fifth Street, Shelton,Washington on Monday,January 31,2022 at 6:00 p.m. The Hearing
will be held via Zoom. See below for details.
SAID HEARING will be to take testimony on a proposed extension of the Belfair sewer.
If you have questions,please contact Public Works/Utilities (360) 427-9670 ext. 450. For
Zoom information please see the County's website at https://www.masoncoLui a ov or if
special accommodations are needed, please contact the Commissioners' Office (360) 427-9670
ext. 419.
DATED this I O h day of January, 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
c: Journal-Publish 2x: January 13,2022&January 20,2022
(Bill: Public Works. 100 W Public Works Drive, Shelton, WA 98584)