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2022/03/15 - Regular Packet
MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 15, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following; Nonfiction of Pending Marijuana Extraction Operation for PT Enterprises LLC; Hoodsport Smoke Shop, Sail on In, Pat's Little Red Barn liquor license are discontinued. 4.1.2 Ken VanBuskirk sent in public comment on; Transportation Budget for Freight Corridor, SR-3 Widening Project in Belfair and the Sweetwater Park. 4.1.3 Margot Connole sent in an application for the Lewis Mason Thurston Area Agency on Aging Advisory Council. 4.1.4 Carl Soper sent in an application for the Board of Equalization. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk WV( ; A4 W; 1*4/k i loll Washington State Liquor and Cannabis Board February 23, 2022 �_= ATTN: Mason County Commissioners 411 N 5th St �. Shelton WA 98584 Mason County Ccr;rr,is;ic�oers RE: Notification of Pending Marijuana Extraction Operation Trade Name: PT Enterprises LLC License Number: 428940 Contact Name: Sheri Dahm Phone Number: 4259412516 Location Address: 833 W. Golden Pheasant Rd Shelton,WA.98584 Dear Sir or Madam, In accordance with Washington Administrative Code (WAC) 314-55-104(5), the WSLCB is sending notifications to local authorities (LA) when a marijuana processor plans to perform extractions of marijuana requiring the use of a professional grade closed loop extraction system at a facility within their jurisdiction. This letter is to inform you that the above mentioned applicant/licensee has indicated in their operating plan that they intend to extract marijuana using a Hydrocarbon process. In accordance with the law, "Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the local fire code official and meet any required fire, safety, and building code requirements." For additional information on extraction requirements please see WAC 314-55-104. Meeting the required fire, safety and building code requirements is a process between the LA and the applicant, and a requirement for the applicant to begin operation. The WSLCB does not verify local fire code approvals as part of the application process. If you have additional questions, you may contact us via email at: MJ Exam iner(aD-lcb.wa.gov. Thank you, Brian McQuay Marijuana Examiner Washington State Liquor and Cannabis Board 360-664-1614 3000 Pacific Ave. SE, P.O. Box 43098, Olympia WA 98504, (360) 664-1600, www.liq.wa.gov Cc:CMMRS Neatherlin, Shutty, Trask Clerk WVL j 7'(W, �krvgvqficz, A-A-411-1— - e`er, Washington State Licensing and Regulation zs PO Box 43098 •.,�, 3 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to KIWI@KKCPA.US March 4, 2022F�, ., . HOODSPORT SMOKE SHOP MAR 50 N LAKE CUSHMAN RD Mason County HOODSPORT, WA 98548-4529 Cnmr n issi on.crs LICENSE: 428557 - 2N U B I: 604-448-708-001-0001 This letter is to notify you that your liquor license number 428557 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service / KVA Licensing & Regulation T: 360 664-1600 CC' Mason County Olympia Enforcement Finance 10/2019 Cc:CMMRS Neatherlin, Shutty, Trask Clerk 1�4Ve I A-/eV 1$VCrt~CA Alleex e`er, Washington State Licensing and Regulation PO Box 43098 h liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to STEVEN.SHULZ@YAHOO.COM March 4, 2022 SAIL ON IN 18191 E STATE ROUTE 3 ALLYN, WA 98524-8794 LICENSE: 427272 - 2N Mason County U B I: 604-265-620-001-0001 Cor;missiorjc rs This letter is to notify you that your liquor license number 427272 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service / KVA Licensing & Regulation T: 360 664-1600 cc: Mason County Olympia Enforcement Finance 10/2019 Cc:CMMRS Neatherlin, Shutty, Trask Clerk J)oVe, A-IeK jSVev-;+-f i �cl✓IL �`�Ttt'- Washington State Licensing and Regulation i PO Box 43098 ��,�,ry Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 March 7, 2022 ` ` ED PAT'S LITTLE RED BARN 2091 NE HWY 300 MAP, 07 lbfl BELFAIR, WA 98528 LICENSE: 369903 - 2N Mason County UBI: 601-633-567-001-0001 Corn,,-6ssio ers This letter is to notify you that your liquor license number 369903 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service /JMA Licensing & Regulation T: 360 664-1600 cc: Mason County Olympia Enforcement Finance 10/2019 Cc:CMMRS Neatherlin, Shutty, Trask Clerk R&U- Ginger Kenyon From: McKenzie Smith Sent: Monday, February 28, 2022 8:25 AM To: Ginger Kenyon Subject: FW: Public comment for 2-28 briefing and 3-1 regular meeting Good morning Ginger, LL Would you please include the below correspondence for the next meeting? IVED Thank you so much, FEB 2 8 2022 McKenzie Smith Clerk of the Board, Records Specialist Mason County Mason County Commissioners Office Commissioners (360)427-9670 ext. 589 1 msmith@masoncountywa.,goovv http://www.inasoncounlywa.gov wa.gov "Please note:Mason Count),complies with the Public Records Act Chapter 42.56 ROY..As such,any e-mail sent to and/or from the County may,be subject to public disclosure. From: Ken VanBuskirk<kenvanb@gmail.com> Sent: Monday, February 28, 2022 7:43 AM To: McKenzie Smith<MSmith@masoncountywa.gov> Cc: Randy Neatherlin <RandyN@masoncountywa.gov>; Kevin Shutty<KShutty@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>;Ted Jackson<tjackson@portofallyn.com>;Tim Sheldon<Sheldon_ti@leg.wa.gov> Subject: Public comment for 2-28 briefing and 3-1 regular meeting Caution: External Email Warning!This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. McKenzie would you enter as correspondence to Board. Commissioners: I understand at the briefing today there is a discussion item regarding the letter of support for additional funding in the transportation budget for the Freight Corridor. Please consider these comments in the discussion. In all due respect I would suggest that the letter of support also include support of the funding in the transportation budget for phase 2 of the SR-3 widening project in Belfair. Timing of these two projects will be very important. I would suggest that the freight corridor be complete and operational before phase 2 starts construction. I would also suggest that the County suggest to the Port of Allyn that they abandon sponsorship of the Sweetwater Park project as phase 2 construction and restoration of Sweetwater creek will likely involve acquisition of property to properly restore fish passage and stream function. In addition the waterwheel site is not a historical hydroelectric site as depicted in the recently adopted Belfair EIS and should be corrected with submitting party/sponsor held accountable. Regarding support for the Freight Corridor I support the additional funding but feel the Romance hill connector is not widely supported in the community and as such should be discarded from plan. thank you, Ken VanBuskirk Cc:CMMRS Neatherlin, Shutty, Trask Clerk (10t1.1e ) ►...t9 k ` mIIA ECr . �ye�' % MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET MAR 0,� 2022 SHELTON WA 98584 Fax 360-427-8437,- Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 iesa Masan County Commissioners I AM SEEKING APPOINTMENT TO Mason County Advisory CounciVLMTAAA Advisory Council NAME: Margot Connole ADDRESS: PHONE CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: ----------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED.PREVIOUS EXPERIENCE) (ACTMTIES OR MEMERSHIPS) COMPANY: Logan Health, MT YRS Mason Conservation District volunteer Logan Health Hospice volunteer POSITION: Cancer Service Line Director American Cancer Society Advisory Board, MD COMPANY: Centura Health,CO YRS Coastal Hospice volunteer, MD POSITION: Vice President Oncology Services-Denver. -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The LMTAAA Advisory Council is invested in improving the function and quality of life of our eldery and young adults balance, fitness, nutrition,lFidependence, mobility drid suciEg cunnectluns as they*Ath disabilibes by shaping pi ihloC policy and the Dian for programs and servires to maximize their safety, strength What interests,skills do you wish to offer the Board,Committee,or Council? Writing,analysis 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) None. 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? Quarterly Monthly X Weekly Daily Office Use Only 2/27/2022 Appointment Date Signature Dam Term Expire Date February27, 2022 Glen Harper Vice Chair LMTAAA Advisory Council 2404 Heritage Court SW, Suite A Olympia WA 98502 RE: Lewis-Mason-Thurston Area Agency on Aging Advisory Council Membership Dear Mr.Harper, I read with interest aboutthe Mason County openingon this council. We spoke at length regarding what the work of the council is, my background and how it may benefitthe council. After reviewingthe council's bylaws including the responsibilities and expectationsof the council as well as the qualifications for membership,I believe it is a good fit for me. I am submitting my applications for the Mason County Advisory Council and the LMTAAA Council for consideration. First, let me address council membership composition requirements: • Gender:Female • Age:60+years of age • County of Residency:Mason County.I am living temporarily in Thurston Countywhile my home is built in the Shelton area. Applications for permits are underway and the home should be complete this summer. • Qualifications: I have 25 yearsof experience in leadership positions in the private sector and 3S years of experience in healthcare organizations.My healthcare administration experience includes:planning and development of new services,strategic planning,budgeting and service line management(Cardiac,Oncology).Additionally,I have served on several local advisory boards(CancerSupport Community,American CancerSociety and my local church). The role of the LMTAAA is critical to ensuring area planning and service development captures the needs of the rapidly expanding population of elderly as well as youngadults with a disability with an eye on improving their health,functioningand quality of life.This is an enormous task before us as a community.I would appreciate the opportunity to participate on this council. Sincerely, Margot Connole Lewis-Mason-Thurston �S �o� Area Agency on Aging 2404 Heritage Court SW, Suite A Olympia,WA 98502-6047 Thurston Area Agency on Aging Phone:(360)664-2168• Fax. (360) 664-0791 .www.LMTA".org ADVISORY COUNCIL APPLICATION Full Name(first, middle, last): t l a-!� o f Home(Mailing Address: City, State, Zip Code Home Phone Alternate Phone: Email Address: Current or Past Volunteer/Work Experience: Mk, 01, 0uv�,4 4 l-w, Se✓vc��, �vsfir,��" vo����r WR o dam,s cw g,.,,,,cl-1 tC> V-�-O S. u n e r)01 YVt 1� Please tell us about three issues facing the elderly and younger disabled adults that you are particularly interested in. 0- tr tL l S a t ✓1 Az4 -e' a art C-a— Continued on other side 1 w ak "t'v e- a �-r, Co �-(v1 iS 5 v_ten ✓Vl Q 1-. LMTAAA Advisory Board Application(continued) e se �✓�diy�clrxtils avv� w��/�' �1 � b av►�cl a—c 5 a-�• �c-e-d a cam- C G� 1�7 C,_ c--\ L4 Do you have other abilities and talents that you would enjoy contributing to the Council (publ�ic�s�p`eaking,writing,researching, event planning)? LAI ( 5 . -r Zoez Signature Date 2 Cc:CMMRS Neatherlin, Shutty, Trask ms co aN Clerk AWA , rx)e61E 1��y� S o� MAR 411 NORTH FIFTH STREET SHELTON WA 98584 --= Mason County Fax360-427-8437; Voice 360-427-9670, Ext 419;275-4467or482-5269 1854 Cdr� iS It it '(S I AM SEEKING APPOINTMENT TO NAME: p�fj ` o � ADDRESS: PHONE:.: CITY/ZIP: �/� VOTING PRECINCT: /� � WORK PHONE�: ------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: , /�/{Jy� `�� YRSw 5— POSITION: COMPANY: 7—�iV�G YRS POSITION: -------- ----------------------------------------------------------------------------------- Inn your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: 04 What interests skills do vou wLsh to offer t4e Board, Committee, or COUDQI? 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 interesWAK 4 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? yz� Realistically, how much time can you give to this position? Qua ly Monthly Weekly ai Office Use Only 3�7 'zl Appointment Date Signature Date Term Expire Date NEWS RELEASE March 15,2022 MASON COUNTY COMMISSIONERS 411 NORTH 5TH ST SHELTON,WA 98584 (360)427-9670 EXT.419 TO: KMAS,KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON,ECONOMIC DEVELOPMENT COUNCIL,THE SUN R G: Planning Advisory Commission Vacancy Mason County is seeking applications for the Mason County Planning Advisory Commission. There is one open seat represented as Commissioner District 2(Kamilche,Matlock,Hoodsport,Lilliwaup area). The Planning Advisory Commission is a seven-member citizen board appointed to advise the Board of County Commissioners on policies related to amendments to the Comprehensive Plan, Shoreline Master Program, Resource Ordinance and other development regulations including making recommendations on rezone applications. The Commission typically meets at least once per month on the third Monday at 6:00 p.m., with special meetings scheduled as necessary. Appointed Commissioners normally serve a four-year term. The Commissioner District 2 position will be filling a vacancy set to expire in January of 2026. Applications to serve on the board are being accepted until the position is filled, and should be submitted to the Mason County Commissioners,411 N. 50'St., Shelton,WA 98584. Application forms may be obtained from the Commissioner's Office, (360)427-9670 ext. 419 or visit our website at www.masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty, Randy Neatherlin, Sharon Trask, Chair Commissioner Commissioner Mason County Planning Advisory Commission-2022 Position Comm Name Phone Mailing Address Initial Appointment Term Expires District No. 2 1 VACANT 1/31/2026 2 2 Joseph Myers 6/2/2020 1/31/2024 3 3 Isaiah Johnston 6/2/2020 1/31/2026 At 4 Large Terri Arcieri 11/23/2021 1/31/2025 3 5 Bob Wilkerson 7/6/2021 1/31/2025 1 6 Mac McLean 11/26/2019 1/31/2024 1 7 Tim Opiela 6/2/2020 1/31/2026 Contact: Kell Rowen, Dept. of Community Services, Planning Division @ Ext. 286 Updated 3/7/2022 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of February 7,2022 Monday,February 7,2022 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiation Commissioners Neatherlin,Shutty,and Trask met in closed session from 9:00 a.m. to 9:26 a.m. Mark Neary,Debbie Gould,Nichole Wilston,and Frank Pinter were also in attendance. 9:30 A.M. Blue Zones Presentation—Jean Clark,Choice&Lynn Richards,Blue Zones Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Lynn gave a PowerPoint presentation on Blue Zones. Jean added that Blue Zones has contracted with Choice Regional Health Network and selected Mason County to assist and help augment the good work that has already happened. Blue Zones and Choice are collaborating to develop a list of stakeholders such as the County and City of Shelton. The first onsite visit for stakeholder interviews is scheduled for the beginning of April. A public meeting will be held in Mason County,Grays Harbor County,and Lewis County—each County acting as a standalone. Dave Windom added that Mason Matters and Community Forum has a built-in quadrant of invested stakeholders that can be used as a"launch pad". A summit will be held around July/August for stakeholders and interviewees to discuss recommendations and how to move forward. 10:00 A.M. Support Services—Mark Neary Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Jennifer Beierle gave an update on the Chart of Accounts(COA)update and Munis financial system expansion. Currently the focus is on special purpose districts and the Treasurer's Office. Originally it was hoped to be completed and implemented by the end of December 2021. The new timeline estimates a draft COA done by April 1 and subsidiary systems and programming implemented by July 1. Jennifer will meet with departments in March for more input. COA is simplifying. If there is specific tracking that needs to be done,a project code will be created. Position control can be implemented around September 1,as long as the COA is done. Estimated timeframe to implement the Executive Time Keeping System is January 1,2023 then Open Finance in 2024. Other modules necessary for Public Works will be implemented in 2024,the cost is unknown at this time. • Jennifer shared the Sheriffs Office request for a full-time Community Service Officer. The median budget impact is$53k for 2022 if hired on April 1 and$75k for 2023 based on the current contract. The Sheriffs Office has plenty of budget authority to add the position in June. Last year the Sheriff s Office had about$700k in wages,salaries,and benefits that did not get expended. Chief Hanson added that there were 11-12 applicants for the Civil Service position and he anticipates hiring two. Approved to move forward. • Diane Zoren shared the agreement with Corrections Technology Group(CTG)for the maintenance and repair of the security system at the Jail. Approved to move forward. • Nichole Wilston requested approval to amend the resolution updating appointing officers for the Washington Counties Risk Pool representatives. This includes updates to email addresses and adding herself as the open alternate director position. Approved to move forward. • Deb Gould requested to extend lead pay for Nichole Wilston which began during the vacancy of a Human Resources Director. Nichole is a great resource and relied upon Page I 1 for historical data and personnel issues. This would end on March 1,2022. Approved to move forward. • Cmmr. Shutty shared his discussion with Undersheriff Adams regarding Senate Bill 5919 relating to the standard for law enforcement authority to detain or pursue persons. This bill would help clarify roles,responsibilities,and job function for law enforcement and is a legislative fix to last year's police reform bills. Cmmr.Trask would like a list of priority bills from Undersheriff Adams. 10:20 A.M. Community Services—Dave Windom Commissioners Neatherlin, Shutty,and Trask were in attendance via Zoom. • Kell Rowen discussed the final Environmental Impact Survey(EIS)for the Belfair Planned Action. A formal presentation was done January 10,the final EIS was published February 3,and a two-page mailer was sent to all residents in Belfair. At the Public Hearing set for February 15,the Commission will be voting on the Planned Action EIS,Comprehensive Plan updates,Sub-Area Plan updates,and the development regulation amendments. Other discussion items include setting the fee per trip for the traffic impact fee. Outreach to the community included in 2019 BERK Consulting directly reached out to several individuals in Belfair for one-on- one interviews;published the website with an online survey;in November a workshop was held;2,500 postcards were distributed throughout the Belfair community;a direct postcard mailing was sent to individuals within the Belfair Urban Growth Area boundary limits;several workshops and public hearings were held with the Planning Advisory Committee(PAC);briefings and workshops were held with the Commission;and updated information was sent out to all individuals who have been actively engaged as well as through the SEPA register. In the"no action alternative"table for housing shows projects currently in queue. The"no action"and"alternative two"are very similar while"alternative three"and "alternative three hybrid"are slightly higher. Staff and PAC recommend alternative three hybrid. Kevin Gifford,BERK Consulting,shared that approximately 750 mailings went out. For the"no action"and alternatives the planning target for growth had to be accounted for. BERK developed a land capacity model based on the parcel data available in the area. Lisa Grueter included that it is a blend of the County's target and the pipeline development. Cmmr.Trask shared that she joined several PAC meetings and all questions were answered by BERK. Cmmr. Neatherlin is receiving a lot of questions regarding information on this and suggested to slow down the process and have open houses to engage more public. • Dave will send the Commissioners the legislation around building permit processes and timelines. 10:35 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mike Collins discussed the Small Works Guardrail Repair Project change order. An additional eight(8)locations have been added for Peterson Brothers to repair estimated to be around$41k. The project amount awarded was$68,710.02 at the end of December. Approved to move forward. • Justin Phelps requested a sole-source purchase from Correct Equipment of 70 grinder pumps and conversion kits for a total of$151,594.36. The County already has a service agreement with Correct Equipment to provide service for grinder pumps in North Bay and Belfair which includes a price list of pumps and parts through the age of the equipment. Correct Equipment is still honoring the bulk price for purchases over 50 pumps. Without the discount the cost is$3,117.21;with the discount the cost is$2,161.04 which is a savings of about 30.67%. The average for the last three years is replacing about 72 dry well pumps and 8 wet well pumps per year. This will Page12 approve the purchase of 65 dry well pumps and 5 wet well pumps. Approved to move forward with American Rescue Plan Act(ARPA)infrastructure funding. Cmmr.Neatherlin would like a roster put together to call. • Mike requested to set a Public Hearing date to surplus two tax parcels(3 1 9 1 7-22- 91043 and 31917-22-91044)in the Lynch Road/Taylor Town vicinity. These right- of-way easements were acquired in 2011 and were not used. The Department of Transportation did the improvements off of Lynch Road for the acceleration and deceleration lanes. The property owners reached out to reacquire the easements as the County no longer has use for them. The Mason County Code allows direct negotiation with the property owners if the Board approves the surplus. Cmmr. Neatherlin would like to know the actual value of the parcels. Loretta added that the property owners plan to build a business and there is an existing well site with a variance approval to reduce the well setback radius from the standard 100'. • Richard Dickson discussed the multi-year trends spreadsheet that show tonnage going into the solid waste facility. Pre-flow control for 2016 was 34.5k tons,2017 was over 36k tons,and 2018 and 2019 were about 38.5k tons. In summer of 2020 flow control was brought in. 2020 was up to 44k tons and 2021 was just under 49k tons which was a 28%increase from 2019. In 2017 the average train cars filled per day was 3.78,now the average is 5.19 with no increase in staffing. Kevin Guijosa shared that some days his crew can do 10 train cars. A schedule change was implemented so that there are always two operators all day,every day. There is no longer on-call help,instead an additional position was added. Flow control is when all commercial garbage is brought to the landfill. Richard added that the booth attendants work a 10-hour shift and that he is looking at a trial run opening for Sundays. • Loretta shared that Equipment Rental&Revolving(ER&R)and operators from Solid Waste collaborated on equipment operations and attention to the equipment. • Loretta discussed the contract with Republic Services which allows for four days of free disposal and up to three days of disposal of debris when the Governor declares an emergency. Every year the County coordinates with United Way and the Health department to maximize utilization. Kevin discussed the old vouchers,upping the new vouchers to one ton a piece,and only dumping at the Shelton transfer station. The new vouchers will expire October 31,2022. In 202171 tons were collected and 2021 161 tons were collected. The transfer station is allowed a capacity of 537 tons. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commissioner Commissioner Chair Page 13 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of February 14,2022 Monday,February 14,2022 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Negotiation Commissioners Neatherlin,Shutty,and Trask met in closed session from 9:00 a.m. to 9:29 a.m. Mark Neary,Debbie Gould,Nichole Wilston,and Frank Pinter were also in attendance. 9:30 A.M. Community Development—Dave Windom Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Dave shared a scrivener's error on the contract with the Fire Chief s Association for fire investigation services. The end date needs to be changed from December 31, 2017 to December 31,2023 and an address needed changed. Approved to move forward. • Kell Rowen asked to reappoint Isaiah Johnston and Timothy Opiela Jr.to the Planning Advisory Committee(PAC). Approved to move forward. • Kell discussed the Public Hearing set for February 15,2022 for the final Belfair Planned Action Environmental Impact Statement(EIS). There was discussion at last week's Briefing to delay the hearing. PAC recommends the Alternative 3 Hybrid. • Dave discussed the changes coming with masking. Test kits were sent out last week and more test kits should be received today and later this week. COVID case rates are down 50%. 9:50 A.M. Support Services—Mark Neary Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Mark requested for Cmmr.Neatherlin to sign the purchase and sale offer for a parcel from Public Utility District No.3 (PUD 3)located on 2201 W Dayton Airport Road in Shelton for$280k plus half of closing costs. This was initially briefed in August 2021 to purchase for$320k. Complications with bentonite were identified which is a routine disposal. The generators will be removed and housing remodeled to previous state. Cmmr. Shutty requested to have Facilities staff on site during the generator removal. The funds will come from Real Estate Excise Tax(BEET) 1. Approved to move forward. • Jennifer Beierle discussed the January Financials. Current Expense revenue is $2,084,682 at 5%;last year$2,123,753 at 5%. Treasurer's revenue is$1,107,666 at 4%;last year$1,075,749 at 4%. Current Expense expenditures is$3,246,033 at 7%; last year$3,149,688 at 8%. For the Six-Year specific revenue streams comparison Community Development$212,179;Detention&Correction$8,458;Current Expense Property Taxes$21,272;Road Diversion Property Tax$-10,245;County Road Property Tax$31,720;Current Expense Sales Tax$678,071;Criminal Justice Taxes/Entitlements$276,054;Rural Sales&Use Tax Fund$81,673;Homelessness Prevention Filings$64,707;Lodging Tax$52,626;and REET 1 and REET 2 $110,464. Sales tax$678,071.10. Projected to collect$8.5 million by the end of the year. Six-Year financial recap: current expense cash$20,579,264 and cash balance $39,712,686. 4.5%of the budget has been expended for Motor Pool. Special and Other Funds revenue$2,896,734 at 4%;last year$3,023,400 at 7%. Special and Other Funds expenditures$5,006,496 at 6%; last year$3,317,578 at 6%. Page I 1 • Deb Gould requested to appoint Cheryl Williams as a regular member position on the Board of Equalization with a term ending May 31,2024 and to post a news release for an alternate member. Approved to move forward. • Cmmr.Neatherlin suggested considering a Criminal Justice Citizen Advisory Committee which could include homeowner's associations,community watches, business participants,representative(s)from law enforcement,prosecuting attorney, etc. 10:10 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Neatherlin,Shutty,and Trask were in attendance via Zoom. • Justin Phelps discussed the Ecology Notice of Intent Nutrient general permit for Rustlewood Wastewater Treatment Plant. This new permit is effective for five years from 2022-2026 and has more stringent guidelines for nutrient removal. Mason County is eligible for up to about$334k per published grant. Approved to move forward. • Loretta shared news releases for the Transportation Improvement Program Citizens Advisory Panel(TIP-CAP)and Mason County Solid Waste Advisory Committee (SWAG)openings. Approved to move forward. • Mike Collins gave an update on Trails End Road. Slide data was studied in 1995 and then again in 2017. At this time there is no risk of sudden or catastrophic failure per the reports. Currently it is classified as a"creeper slide"which only moves in extreme weather events. County forces could excavate the entire slide area,however the road closure would last about one month. Respectfully submitted, McKenzie Smith,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Commission Commissioner Chair Page 12 cuc;grr Board of Mason County Commissioners Proceedings Commission Chambers /AW 411 N 5" St, Shelton, WA 98584 February 1, 2022 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—Jaime Taylor led the flag salute. 3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin;Commissioner District 2—Kevin Shutty;Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: liquor license due to expire;change of limited liability for Stonehenge Gardens;application for added privilege to Laurie's Hoodsport Gift&Liquor;and temporary discontinued business for M&R Distributing. 4.1.2 Federal Energy Regulatory Commission sent in a letter regarding the Right Wing Dam Stability Calculations,Cushman No. 1 Development Cushman Project. 4.1.3 Jenny Mattson sent in a letter regarding Caldervin Creek flooding. 5. Open Forum for Citizen Input Greg Sypnicki commended staff and Cmmr. Shutty for hosting a respectable meeting for the Belfair Sewer Extension Public Hearing. In yesterday's briefing,Cmmr. Shutty called out Cmmr. Neatherlin for half-truths and innuendos from his op-ed and Facebook post claiming them as misleading and asking for an open and honest dialogue. Greg felt Cmmr. Shutty used half-truths as well. An example being in some of the email replies made to people about the sewer quoting "every decision on the proposed expansion has been discussed in open briefings and voted on unanimously in open meetings which are available on Mason WebTV". The only thing that was unanimous was Cmmr.Neatherlin agreeing to the line of credit,he has never been for this project. When he spoke on the phone with Cmmr. Shutty last December it was mentioned that,regarding the possibility of a town hall,other town halls have been hosted in Belfair in the past. This was also said in a meeting a few days later. The only meeting held was in December of 2016 when going over the Old Belfair Highway was discussed. Now it will be going through Mr.Overton's property. Last night was the first meeting that really included the public. Going forward for open and honest dialogue,you have to have trust. When there are"gotchas",you are dealing with gamesmanship. Last night blew Greg away,even though the meeting lasted 4.5 hours it was very productive. Even though people had different ideas on which route to take,it is still a community that cares about each other. If things are handled like they were last night,he will have more trust and thinks others will too. Ken Van Buskirk shared he did a public records request for the emails sent by Cmmr.Neatherlin to his constituents and thanked Ms. Smith for her prompt reply. Ken sent in a public comment the morning of January 27 referencing Cmmr.Neatherlin's January 25 Facebook post and asked him to apologize for the angst and stress precipitated in his post. Later Cmmr.Neatherlin responded to several of his constituents that the potential rate increase was only for Belfair and not North Bay or Lakeland Village. Ken believes that he purposely misled folks and is asking once again for an apology. 6. Adoption of Agenda Cmmr.Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes Cmmr.Trask/Neatherlin moved and seconded to adopt the January 24,2022 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant#8085622-8085853 $ 1,658,223.26 Direct Deposit Fund Warrant#84105-84487 $ 805,671.64 Salary Clearing Fund Warrant#7006416-7006440 $ 546,787.03 Treasurer Electronic Remittance $ - 8.2 Approval of the Mason County Law Enforcement Assisted Diversion(LEAD)subcontract amendment with Olympic Health and Recovery Services(OHRS)to increase the amount contracted from$407,000 to$423,986.72 which is an increase of$16,986.72. 8.3 Approval of the Mason County Behavior Health and Recovery Support Transportation Program subcontracts with Gethsemane Ministries and the Patty Wagon. 8.4 Approval of the annual contract with Mason Matters for Community Health Improvement work in the amount of$25,000. 8.5 Approval for Current Expense to purchase vehicle# 188 from Public Works ER&R for$3,922; transfer vehicle# 102 from ER&R to Current Expense inventory;and surplus Sheriff Police Pursuit Vehicle(PPV)#32 and 48. 8.6 Approval to close a portion of Landon Road beginning at 10:00 a.m.Tuesday,February 8,2022 and ending at 4:00 p.m.Wednesday,February 9,2022 to move a house across the road from 581 NE Landon Road to 600 NE Landon Road. (Exhibit A,Resolution No.2022-007) 8.7 Approval for the Chair to execute Mutual Aid agreements no.GCB 3187 for Emergency Proclamation Response Assistance and no.GCB 3207 for Non-Proclamation Emergency Response Assistance. 8.8 Approval of the Private Line Occupancy Permit to install new underground power,water cable, and sewer transport line under W Lost Lake View Drive for address 50 W Lost Lake View Drive. 8.9 Approval for Mark Neary, County Administrator,to sign the addendums for each of the American Rescue Plan Act(ARPA)subrecipient agreements in place to address the updated guidelines for enforcement of Title VI,Civil Rights Act of 1964. 8.10 Approval for the Sheriff's Office to double fill positions after receiving official written and documented retirement notice when there are qualified candidates. 8.11 Approval of the 2022 Memorandum of Agreement Appendix A between Mason County and the Washington State University Extension. 8.12 Approval to acknowledge receipt of the 2021 Treasurer's Refund Report. 8.13 Approval to accept the affidavit of the Mason County Treasurer and approve the cancellation of the uncollectible personal property taxes as shown on Exhibit A. (Exhibit B,Resolution No. 2022-008) 8.14 Approval of the Jones Cove Closure Response Plan. 8.15 Approval of the Annas Bay Closure Response Plan. 8.16 Approval to schedule a Public Hearing on Tuesday,February 15,2022 at 9:15 a.m.to take public comment on the 2022-2026 Mason County Parks and Recreation Comprehensive Plan Update. 8.17 Approval to appoint the following community members to the Mason Transit Authority Board to serve a four year term from 2022 to 2025. This is to fill the four vacant Elected Official 21 February 1 , 2022 Commission Minutes positions:John Sheridan, Sandy Tarzwell, Wes Martin, and John Campbell. Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.17. Motion carried unanimously. N-aye; S-aye;T-aye. Cmmr.Neatherlin shared that he is impressed with the applicants for the Mason Transit Authority Board and gave a special thank you to those not selected. Cmmr. Trask and Shutty echoed those sentiments and agreed upon the importance of advisory board members. 9. Other Business(Department Heads and Elected Officials) 9.1 Appointment of the Mason County Coroner Cmmr.Neatherlin/Trask moved and seconded to appoint Jaime Taylor to the position of Coroner. Motion carried unanimously. N-aye; S-aye; T-aye. 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 at this time. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. Cmmr. Shutty acknowledged Greg Sypnicki's comments and apologized for comments that were misleading. The intent was to show,whether it was a capital budget request or the acceptance of the loan,votes were unanimous. He understands there is disagreement now on portions of the plan;however,the discussion last night was really great and he does not want to overshadow the great work and input that made last night a success. As Commissioner,he recognizes and accepts his responsibility to be honest with his constituents and wants to ensure,as an organization,that they are actively engaging with the community. Last night is a great example of how committed the County can be to include constituents. The hearing has been delayed previously due to staff needing more time to put together a meaningful presentation and to collect comments and questions from the public. Any comments made in his email responses to folks with that context in mind,he stands by them as there have been a number of votes on this that have been unanimous up until recently. If there is any misunderstanding,he apologizes. 12. Adjournment—The meeting adjourned at 9:29 a.m. 3 1 February 1 , 2022 Commission Minutes BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin, Chair Kevin Shutty,Commissioner Sharon Trask,Commissioner 41 February 1 , 2022 Commission Minutes 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: March 15, 2022 Agenda Item # B. 1 Commissioner staff to complete) Briefing Date: Briefing Presented By: [ x ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Approval of Warrants & Electronic Remittances Claims Clearing Fund Warrant# 8086542-8086788 $ 1,646,733.82 Direct Deposit Fund Warrant# 84881-85274 $ 817,064.73 Salary Clearing Fund Warrant# 7006476-7006510 $ 539,614.63 Treasurer Electronic Remittance $ 318,034.06 Macecom 2/3/2022 $ 144,783.13 Menta Health 2/10/2022 $ 421.84 Dispute Resolution Surcharge 2/10/2022 $ 1,005.00 USDA Beards Cove Water Meters #2 #91-08 2/4/2022 $ 2,362.00 TAV Reserve 2/28/2022 $ 169,462.09 Refund Interest Earned 2/28/2022 $ 73.39 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 $ 8,240,864.91 Direct Deposit YTD Total $ 3,211,449.31 Salary Clearing YTD Total $ 3,201,889.08 Approval of Treasure Electronic Remittances YTD Total $ 4,819,589.23 Recommended Action: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8086542-8086788 $ 1,646,733.82 Direct Deposit Fund Warrant# 84881-85274 $ 817,064.73 Salary Clearing Fund Warrant# 7006476-7006510 $ 539,614.63 Treasure Electronic Remittance $ 318,034.06 Attachment(s): Originals on file with Auditor/Financial Services (copies on file with the Clerk of Board) RECEIVED 2/3/2022 Mason County Payment approval of Macecom: Commissioners -ruTar L 31 S, Account FUND # Remittance RECEIPT # Macecom 1001.000000.300.300 $ 144,783.13 M-81384 $ - 2/10/2022 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 421.84 M-81555 Is - 2/10/2022 Account FUND # Remiittance RECEIPT # Dispute Resolution Surcharge 001.000000.100.000 $ 1,005.00 M-81557 2/4/2022 Account FUND # Remiittance RECEIPT # USDA BEARD'S COVE WATER METERS#2#91-08 412.000000.000.000 $ 2,362.00 M-81423 $0.00 2/28/2022 FUND Account# Remiittance RECEIPT # TAV RESERVE 646.000020.000.000 $169,462.09 M-79888 $0.00 M-79666 2/28/2022 REFUND INTEREST EARNED `� 3 39 'Tjn-P t V,-0 _ 4, g/q, 597q. --> Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 43.94 Multiple Rec ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $ 2.95 Multiple Rec Veterans Assistance 190.000000.000.000 $ 0.53 Multiple Rec COUNTY ROAD 105.000000.000.000 $ 25.12 Multiple Rec MENTAL HEALTH 164.000000.000.000 1 $ 0.85 IMultiple Rec Respectfully submitted by Julie Richert, Chief Deputy Treasurer 2/28/2022 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Jim Madsen, Chief Superior Court Action Agenda: X Administrator Public Hearing: Other Department: Superior Court Ext: 206 Commission Meeting Date: 3/15/22 Agenda Item # �_' (Commissioner staff to complete) Briefing Date: 2/28/22 Briefing Presented By: Jim Madsen [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Thurston-Mason Behavioral Health Organization Amendment to Interlocal Agreement [ILA 2022-MC-SC-01] Background: Since 2020, involuntary treatment court cases have been filed and hearings have been held in Mason County Superior Court pursuant to Chapters 71.05 and 71.24 RCW. The Thurston-Mason Behavioral Health Organization (TMBHO) reimburses the Superior Court and other departments for involuntary treatment court services and costs. Recommended Action: Enter into the Interlocal Agreement with the TMBHO to fund involuntary treatment court judicial services and costs and place the matter on the action agenda for the BOCC to execute the attached agreement. Attachment(s): Copies of Interlocal Agreement ILA 2022-MC-SC-01 and accompanying Business Associate Agreement. Agenda Summary 3/8/2022 e, Business Associate Agreement x> OLYMPIC HEALTH& RECOVERY SERVICES ®Thurston Mason Behavioral Health Administrative Service Organization El Olympic Health and Recovery Services THIS BUSINESS ASSOCIATE AGREEMENT(the"Agreement") is effective this 1st day of January 2022 (the "Effective Date") between Thurston-Mason Behavioral Health Administrative Service Organization ("TMBH-ASO") and/or Olympic Health and Recovery Services ("OHRS") as identified above("Covered Entity"), and Mason County Superior Court ("Business Associate"). RECITALS WHEREAS, Covered Entity and Business Associate are parties entering into one or more agreements orcontracts, incorporated herein by reference (the "Underlying Agreement" and collectively "Agreements") pursuant to which Business Associate will perform the services as outlined in Agreements and such services involve the use and disclosure of Individually Identifiable Health Information that is subject to protection under HIPAA and the HIPAA Rules (all as hereinafter defined); and WHEREAS, Business Associate has created and maintains security safeguards for the protection fromunlawful disclosure of Protected Health Information (as hereinafter defined); and WHEREAS, Covered Entity and Business Associate are committed to complying with the Standards forPrivacy of Individually Identifiable Health Information set forth under the HIPAA and HITECH Act and any regulations promulgated thereunder the "HIPAA Privacy Rule"; WHEREAS, this BAA, in conjunction with the HIPAA Rules, sets forth the terms and conditions pursuantto which protected health information (in any format)that is created, received, maintained,or transmitted by,the Business Associate from or on behalf of the Company,will be handled between the Business Associate andthe Company and with third parties during the term of the Agreement(s) and after its termination. NOW,THEREFORE,for and in consideration of the recitals above and the mutual covenants and conditions herein contained, Covered Entity and Business Associate enter into the following Agreement toprovide a full statement of their respective responsibilities as more fully described below: ARTICLE 1 —DEFINITIONS Unless otherwise provided herein terms used shall have the same meaning as set forth in HIPAA and theHIPAA Rules. 1.1. Agreement means this Business Associate Agreement. 1.2. Business Associate as used in this Agreement means the Business Associate named in this Agreement and generally has the same meaning as the term "business associate" at45CFR§ 160.103. Any reference to Business Associate in this Agreement includes Business Associate'semployees, agents, officers, subcontractors,volunteers, or directors. TMBH-ASO/OHRS Business Associate Agreement Page 1 of 11 Version 1.0 090121 1.3. CFR means and refers to the Code of Federal Regulations. 1.4. Covered Entity means TMBH-ASO and/or OHRS, as specified above, which are each a Covered Entity as defined at 45 CFR § 160.103, in its conductof covered functions by its health care components. 1.5. Designated Record Set means a group of records maintained by or for the Covered Entity that is:the medical records and billing records about Individuals maintained by or for a covered health care provider;the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or used, in whole or in part, by or for the Covered Entity to make decisions about Individuals. 1.6. Electronic Protected Health Information or "EPHI" means Protected Health Information that istransmitted by electronic media or maintained in electronic media. 1.7. HIPAA means the Health Insurance Portability and Accountability Act of 1996, Pub.L. No. 104-191,as amended by the Health Information Technology for Economic and Clinical Health (HITECH)Act,enacted as Title XIII of The American Recovery and Reinvestment Act of 2009, H.R. 1, Pub.L. 111-5(February 17, 2009), as amended or superseded, and any current and future regulations promulgated under HIPAA. 1.8. HIPAA Rules means the Privacy, Security, Enforcement, and Breach Notification Rules at 45 CFR Part160 and Part 164, in effect or as amended. 1.9. Individual means the person who is the subject of Protected Health Information and includes aperson who qualifies as a personal representative in accordance with 45 CFR§ 164.502(g). 1.10. Material Alteration means any addition, deletion or change to the PHI of any subject other than theaddition of indexing, coding and other administrative identifiers for the purpose of facilitating the identification or processing of such information. 1.11. Privacy Rule means the Privacy Standards at 45 CFR Part 164,Subpart E, in effect or as amended. 1.12. Protected Health Information or"PHI" means individually identifiable health information created, received, maintained or transmitted by Business Associate on behalf of a health care component of the Covered Entity 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 the past, present, or future payment for provision of health care to an Individual. 45 CFR§ 160.103. PHI includes demographic information that identifies the Individual or about which there is reasonable basis to believe can be used to identify the Individual. 45 CFR§ 160.103. PHI is information transmitted or held in any form or medium and includes Electronic Protected Health Information. 45 CFR § 160.103. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20USCA 1232g (a)(4)(B)(iv) or employment records held by the Covered Entity in its role as employer. 1.13. Security Rule means the Security Standards at 45 CFR Part 164, Subparts A and C, in effect or asamended. 1.14. Subcontractor as used in this Agreement means a person to whom a business associate delegates a function, activity, or service, other than in the capacity of a member of the workforce of such business associate. 1.15. Underlying Agreement means one or more agreements or contracts, incorporated herein by reference pursuant to which Business Associate will perform the services as outlined in Agreementsand all accompanying documents. TMBH-ASO/OHRS Business Associate Agreement Page 2 of 11 Version 1.0 090121 ARTICLE 2 —SCOPE OF USE OF PHI 2.1. Services 2.1.1. Except as otherwise specified herein,the Business Associate may use PHI solely to perform its duties as set forth in the Underlying Agreement. Except as otherwise limitedin this Agreement, Business Associate may use and disclose PHI for the proper management and administration of the Business Associate, to carry out the legal responsibilities of the Business Associate and to provide any data aggregation services pursuant to the Underlying Agreement. 2.1.1.1. Business Associate may disclose PHI for the purposes pursuant to the Underlying Agreement only to its employees, subcontractors and agents, inaccordance with Section 2.3.1.5. as directed by the Covered Entity. 2.1.1.2. Except as otherwise limited in this Agreement, Business Associate may disclosePHI for the proper management and administration of the Business Associate, provided that such disclosures are required by law or Business Associate obtains reasonable assurances from the person to whom the PHI is disclosed that the PHI will remain confidential and used or further disclosed only as required by law or for the purpose for which the PHI was disclosed to the person, the person implements reasonable and appropriate security measuresto protect the PHI, and the person notifies the Business Associate of any instances of which it is aware where the confidentiality of the PHI has been breached. 2.2. Breach or Misuse of PHI Business Associate recognizes that any breach of confidentiality or misuse of information found in and/or obtained from records may result in the termination of the Underlying Agreement and this Agreement and/or legal action. Unauthorized disclosure of PHI may give rise to irreparable injury tothe Individual or to the owner of such information, and the Individual or owner of such informationmay seek legal remedies against Business Associate. 2.3. Responsibilities of Business Associate 2.3.1. With regard to its use and/or disclosure of PHI, the Business Associate hereby agrees todo the following: 2.3.1.1. Use or disclose PHI only to perform functions, activities, or services for, or on behalf of, Covered Entity, as expressly permitted or required by this Agreement or the Underlying Agreement or as otherwise required by applicable law. Further, BusinessAssociate agrees that it will not use or disclose PHI in any manner that violates federal law, including but not limited to HIPAA and any regulations enacted pursuant to its provisions, or applicable provisions of Washington State law.The Business Associate agrees that it is subject to and directly responsible for full compliance with the Privacy Rule that applies to the Business Associate to the same extent as the Covered Entity. 2.3.1.2. Use commercially reasonable efforts to maintain the security of the PHI and toprevent unauthorized use and/or disclosure of such PHI, including, but not limited to the following: TMBH-ASO/OHRS Business Associate Agreement Page 3 of 11 Version 1.0 090121 2.3.1.3. Any physical files on location at the agency must be kept in locked cabinets. Any PHI transported must be safeguarded against unauthorized access at all times. 2.3.1.4. In addition,the Business Associate agrees to implement and maintain administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of all Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of the Covered Entity in accordance with 45 CFR Part 164, subpart C for as long as the PHI is within its possession and control, even after the termination or expiration of this Agreement.The Business Associate agrees that it is subject toand directly responsible for full compliance with the HIPAA Security Rule that applies to Business Associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR, to the same extent as the Covered Entity. Business Associate shall apply the HIPAA Minimum Necessary standard to any use or disclosure of PHI necessary to achieve the purposes of the Underlying Agreement. See 45 CFR 164.514(d)(2) through (d)(5). 2.3.1.5. Require all of its employees, representatives, subcontractors and agents thatcreate, receive, maintain, or transmit PHI or use or have access to PHI under the Underlying Agreement to agree in writing to adhere to the same restrictions and conditions on the use and/or disclosure of PHI that apply herein, including the obligation to return or destroy the PHI if feasible, as provided under Sections 5.4 and 5.5 of this Agreement. 2.3.1.6. Promptly report to the designated privacy officer of the Covered Entity, any useand/or disclosure of the PHI that is not permitted or required by this Agreement, or any Security Incident involving Covered Entity's PHI, by telephoning the privacy officer within twenty-four(24) hours of becoming aware of it and providing a written report of the unauthorized disclosure within five (5) business days. 2.3.1.7. The name and contact information for the Covered Entity's privacy officer is asfollows: Contact Officer: Chris Foster Telephone: 360.763.5798 E-mail: chris.foster@tmbho.org Address: 612 Woodland Square Loop SE Ste 401 Lacey, WA 98503 2.3.1.8. Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate inviolation of the requirements of this Agreement or the law. 2.3.1.9. Within twenty-four (24) hours of the discovery of a breach as defined at 45 CFR § 164.402, notify the Covered Entity's privacy officer of any breach of TMBH-ASO/OHRS Business Associate Agreement Page 4 of 11 Version 1.0 090121 unsecured PHI and take actions as may be necessary to identify, mitigate and remediate the cause of the breach. A breach shall be treated as discovered by the Business Associate in accordance with the terms of 45 CFR § 164.410.The notification shall include the following information which shall be updated promptly and provided to the Covered Entity as requested by the Covered Entity: 2.3.1.9.1. The identification of each individual whose unsecured PHI has been, or is reasonably believed by the Business Associate to havebeen accessed, acquired, used, or disclosed during such breach; 2.3.1.9.2. A brief description of what happened, including the date of thebreach and the date of the discovery of the breach, if known; 2.3.1.9.3. A description of 2.3.1.9.4. the types of unsecured PHI that were involved in the breach (such as whether full name, social security number, dateof birth, home address, account number, diagnosis, disability code, or other types of information were involved); 2.3.1.9.5. Any steps individuals should take to protect themselves frompotential harm resulting from the breach; 2.3.1.9.6. A brief description of what the Business Associate is doing toinvestigate the breach, to mitigate harm to individuals, and toprotect against any further breaches; 2.3.1.9.7. Contact procedures of the Business Associate for individuals to ask questions or learn additional information, which shall include atoll-free telephone number, an e-mail address, web site, or postal address; and 2.3.1.9.8. Any other information required to be provided to the individual by the Covered Entity pursuant to 45 CFR§ 164.404, as amended. 2.3.2. To the extent the Covered Entity deems warranted, the Covered Entity may provide notice or may, in its sole discretion, require Business Associate to provide notice at Business Associate's expense to any or all individuals whose unsecured PHI has been or is reasonably believedby the Business Associate to have been, accessed, acquired, used, or disclosed as a result of such breach. In such case, the Business Associate shall consult with the Covered Entityregarding appropriate steps required to notify third parties.The Business Associate shall reimburse the Covered Entity, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured PHI by the Business Associate. 2.4. Covered Entity Obligations 2.4.1. With regard to the use and/or disclosure of PHI by the Business Associate, the Covered Entity hereby agrees to: TMBH-ASO/OHRS Business Associate Agreement Page 5 of 11 Version 1.0 090121 2.4.1.1. Upon request, provide the Business Associate with a copy of the notice of privacy practices that theCovered Entity provides to Individuals pursuant to 45 CFR § 164.520, and inform the Business Associate of any changes in the form of the notice that materially affects the Business Associate's uses and disclosures of PHI under this Agreement; 2.4.1.2. Inform the Business Associate of any changes in, or withdrawal of,the authorization provided to the Covered Entity by Individuals that materially affects Business Associate's ability to use and/or disclose PHI under this Agreement; and 2.4.1.3. Notify the Business Associate, in writing and in a timely manner, of any restrictions on the use and/or disclosure of PHI agreed to by the Covered Entityin accordance with 45 CFR § 164.522, to the extent that such restriction materially affects Business Associate's use or disclosure of PHI under this Agreement. ARTICLE 3 —AMENDMENT OF PHI 3.1. Amendments by Business Associate Should Business Associate make any Material Alteration to PHI, Business Associate shall provide Covered Entity with notice of each Material Alteration to any PHI and shall promptly cooperate withCovered Entity in responding to any request made by any subject of such information to Covered Entity to inspect and/or copy such information. Business Associate shall not deny Covered Entity access to any such information if, in Covered Entity's sole discretion, such information must be made available to the subject seeking access to it. To the extent that Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 within ten (10) days of the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity. ARTICLE 4 —AVAILABILITY,ACCOUNTING OF DISCLOSURES,AUDITS AND INSPECTIONS 4.1. Availability of PHI To the extent Business Associate maintains PHI in a Designated Record Set, Business Associate agrees to make PHI available to Covered Entity or, as directed by Covered Entity, to an Individual,within ten (10) days of the request of the Covered Entity and in the manner designated by Covered Entity in accordance with 45 CFR § 164.524. 4.2. Accounting of Disclosures Business Associate agrees to make available the information required for Covered Entity to provide an accounting of disclosures in accordance with 45 CFR § 164.528. Business Associate will provide such accounting ofdisclosures to Covered Entity as soon as possible, but no more than ten (10) days from request by Covered Entity. Each accounting shall provide (i) the date of each disclosure; (ii)the name and address of the organization or person who received the PHI; (iii) a brief description of the PHI disclosed; and (iv)the purpose for which the PHI was disclosed, including the basis for such disclosure, or a copy of a written request for disclosure under§§ 164.502(a)(2)(ii) or 164.512. Business Associate shall maintain a process to provide the accounting of disclosures for as long asBusiness Associate maintains PHI received from or on behalf of Covered Entity. TMBH-ASO/OHRS Business Associate Agreement Page 6 of 11 Version 1.0 090121 4.3. Access to Department of Health and Human Services Business Associate shall make its facilities, internal practices, books, records, documents, electronicdata and all other business information relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity available to the Secretary of the Department of Health and Human Services, governmental officers and agencies for purposes of determining Covered Entity's compliance with HIPAA. Business Associate shall promptly, and in no event later than five (5) business days after a request by the Secretary, notify Covered Entity in writing of any request made by the Secretary and provide Covered Entity with copies of any documents produced in response to such request.. 4.4. Access to Covered Entity Upon written request, Business Associate agrees to make its facilities, internal practices, books, records,documents, electronic data and all other business information available to Covered Entitywithin five (5) business days during normal business hours so that Covered Entity can monitor compliance with this Agreement. ARTICLES —TERM AND TERMINATION 5.1. Term This Agreement is valid as of the Effective Date and remains effective for the entire term of theUnderlying Agreement, or until terminated as set forth herein. 5.2. Termination This Agreement may be terminated by Covered Entity for convenience upon the same number of days prior written notice to the Business Associate as set out in the Underlying Agreement, otherwise upon thirty(30) days prior written notice. The notice will specify the date of termination. 5.3. Termination for Cause Covered Entity may immediately terminate this Agreement and the Underlying Agreement without penalty if Covered Entity, in its sole discretion, determines that Business Associate has: (a) improperly used or disclosed PHI in breach of this Agreement; or(b) violated a material provision of this Agreement. Alternatively, the Covered Entity may choose to provide the Business Associate with written notice of the existence of an alleged material breach and a period of fifteen (15) days inwhich to cure the alleged material breach upon mutually agreeable terms. Failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this Agreement and the Underlying Agreement. 5.4. Alternative to Termination If termination is not feasible, the Covered Entity shall report the breach to the Secretary of theDepartment of Health and Human Services. 5.5. Return/Destruction of PHI Business Associate agrees that, upon termination of the Underlying Agreement,for whatever reason, it will return or destroy, in Covered Entity's sole discretion, all PHI, if feasible, received from,or created or received by it on behalf of Covered Entity which Business Associate maintains in any form, and retain no copies of such information. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. An authorized representative of Business Associate shall certify in writing to Covered Entity, TMBH-ASO/OHRS Business Associate Agreement Page 7 of 11 Version 1.0 090121 within five (5) days from the date of termination or other expiration of the Underlying Agreement, that all PHI has been returned or disposed of as provided above and that Business Associate no longer retains any such PHI in any form. 5.6. No Feasible Return/Destruction of PHI If Business Associate determines that the return or destruction of PHI is not feasible, Business Associate shall notify Covered Entity of the conditions that make return or destruction infeasible.To the extent that Covered Entity agrees that the return or destruction ofPHI is not feasible, Business Associate shall extend the protections of this Agreement to the PHI retained and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Business Associate shall remain bound by the provisions of this Agreement notwithstanding termination of the Underlying Agreement, until such time as all PHI has been returned or otherwise destroyed as provided in this section. ARTICLE 6 —INDEMNIFICATION/INSURANCE 6.1. Defense and Indemnification Business Associate shall defend, indemnify and hold Covered Entity harmless from and against all claims, liabilities,judgments, fines, assessments, penalties, awards or other expenses, of any kind ornature whatsoever, including,without limitation attorney's fees, expert witness fees, and costs of investigation, litigation, or dispute resolution, relating to or arising out of any use or disclosure of PHI in a manner not permitted by HIPAA or breach of this Agreement by Business Associate, its employees, officers, agents, or subcontractors. 6.2. Disclaimer Covered Entity makes no warranty or representation that compliance by Business Associate with the Agreement or HIPAA or the HIPAA Rules will be adequate or satisfactory for Business Associate'sown purposes or that any information in the possession of Business Associate or Business Associate's control,or transmitted or received by Business Associate, is or will be secure from unauthorized use or disclosure; nor shall Covered Entity be liable to Business Associate for any claim, loss or damage relating to the unauthorized use or disclosure of any information received by Business Associate from Covered Entity or from any other source. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. 6.3. Insurance Business Associate shall obtain and maintain cyber liability insurance coverage against improper uses and disclosures of PHI by Business Associate naming Covered Entity as an additional named insured. Promptly following a request by Covered Entity for the maintenance of such insurance coverage, Business Associate shall provide a certificate evidencing such insurance coverage. ARTICLE 7 —COMPLIANCE WITH 42 CFR PART 2 REQUIREMENTS In the event that Business Associate is also considered to be a Qualified Service Organization ("QSO") under the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records found at 42 C.F.R. Part 2 ("Part 2"), with access to PHI that is protected by Part 2, Business Associate agrees to the following: a) In receiving, storing, processing, or otherwise dealing with any PHI protected by Part 2 from Covered Entity, Business Associate is fully bound by the provisions of TMBH-ASO/OHRS Business Associate Agreement Page 8 of 11 Version 1.0 090121 Part 2;and b) If necessary, Business Associate will resist in judicial proceedings any efforts to obtain access to such PHI covered by Part 2 unless such access is expressly permitted under Part 2. ARTICLE 8 —MISCELLANEOUS 8.1. Construction This Agreement shall be construed as broadly as necessary to implement and comply with HIPAAand the HIPAA Rules. The parties agree that any ambiguity in this Agreement shall be resolved infavor of a meaning that complies and is consistent with the HIPAA Rules. 8.2. Notice All notices and other communications required or permitted pursuant to this Agreement shall be inwriting,addressed to the party at the address set forth in the Underlying Agreement, or to such other address as either party may designate from time to time. All notices and other communications shall be mailed by registered or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or telegram. All notices shall be effective as of the date ofdelivery of personal notice or on the date of receipt, whichever is applicable. 8.3. Modification of Agreement The parties agree to take such action as is necessary to modify this Agreement to ensure consistencywith amendments to and changes in the applicable federal and state laws and regulations, including, but not limited to, HIPAA and the HIPAA Rules.This Agreement shall not be waived or altered, in whole or in part, except in writing signed by the parties. 8.4. Invalid Terms In the event that any provision of the terms and conditions are held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement willremain in full force and effect. 8.5. Transferability Covered Entity has entered into this Agreement in specific reliance on the expertise and qualifications of Business Associate. Consequently, Business Associate's interest under this Agreement may not be transferred or assigned or assumed by any other person, in whole or part,without the prior written consent of Covered Entity. 8.6. Governing Law and Venue This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington in accordance with HIPAA and the HIPAA Rules without giving effect to the conflict oflaws provisions.Thurston County, Washington, shall be the sole and exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought under, or arise out of, this Agreement. 8.7. No Third-Party Beneficiaries Nothing express or implied in this Agreement is intended to confer, nor anything herein shall confer,upon any person other than the parties hereto any rights, remedies, obligations or liabilities whatsoever. TMBH-A50/0HRS Business Associate Agreement Page 9 of 11 Version 1.0 090121 8.8. Binding Effect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and theirrespective permitted successors and assigns. 8.9. Execution This Agreement may be executed in multiple counterparts, each of which shall constitute anoriginal,all of which shall constitute but one agreement. 8.10. Gender and Number The use of the masculine,feminine or neuter genders, and the use of the singular and plural, shall not be given an effect of any exclusion or limitation herein.The use of the word "person" or "party"shall mean and include any individual, trust, corporation, partnership or other entity. 8.11. Priority of Agreements If any portion of the Agreement is inconsistent with the terms of the Underlying Agreement, theterms of this Agreement shall prevail. Except as set forth above, the remaining provisions of theUnderlying Agreement are ratified in their entirety. 8.12. Survival The obligations of Business Associate shall survive the termination of this Agreement and theUnderlying Agreement. 8.13. Recitals The preamble to this Agreement is not a mere recital of facts but consists of binding agreed uponstatements that form the basis of this Agreement. [Signature Page Follows] TMBH-ASO/OHRS Business Associate Agreement Page 10 of 11 Version 1.0 090121 IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective the day and year firstabove written. FOR BUSINESS ASSOCIATE: FOR TMBH-ASO and/or OHRS: Name: Robyn Lockwood Name: Mark Freedman Title: Court Administrator Title: TMBH-ASO Administrator Address: PO Box X Address: 612 Woodland Square Loop SE Ste 401 City,ST,Zip: Shelton,WA 98584 City,ST,Zip: Lacey WA 98506 Email: RL@co.mason.wa.us Email: mark.freedman@tmbho.org Phone: 360.427.9670 ext.206 Phone: 360.763.5828 Signature(Authorized Representative) Signature Date Date TMBH-ASO/OHRS Business Associate Agreement Page 11 of 11 Version 1.0 090121 THURSTON-MASON BEHAVIORAL HEALTH ADMINISTRATIVE SERVICE ORGANIZATION (TMBH-ASO) INTERLOCAL AGREEMENT (ILA) WITH Entity: Mason County Superior Court Contact: James Madsen Title: Court Administrator Phone: 1 360-427-9670 ext. 206 Email: iamesma@masoncountywa.gov Mailing Address: PO Box 340 Shelton,WA 98584 ILA Number: 2022-MC-SC-01 Start Date: January 1,2022 End Date: December 31, 2022 Thurston-Mason BH-ASO Contacts: Tara Smith,Finance Director Phone: 360.763.5809 Email: tara.smith@tmbho.org Mark Freedman,ASO Administrator Phone: 360.763.5791 Email: mark.freedman@tmbho.org Mailing Address: 612 Woodland Square Loop SE Ste 401 Lacey WA 98503 TOTAL FUNDING FOR ILA PERIOD: $50,000 INCORPORATION OF EXHIBITS AND ATTACHMENTS The Provider shall provide services and comply with the requirements set forth in the following attached exhibits,attachments,or any other materials which are incorporated herein by reference.To the extent that the terms and conditions of any Exhibit or Attachments conflicts with the terms and conditions of this base contract,the terms of this Contract shall control. M Exhibit C:Business Associate Agreement(BAA) This ILA is entered into in counterpart or duplicate copies,and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes,between Thurston Mason Behavioral Health Administrative Service Organization, hereinafter"TMBH- ASO"and Mason County Superior Court hereinafter"Contractor." This ILA governs the work to be and supersedes and replaces any previously executed general terms and conditions, program contracts,or other agreements as of the start date below. Contractor Signature: Printed Name and Title: Date: Thurston-Mason BWASO Signature: Printed Name and Title: Date: Mark Freedman,ASO Administrator Approved as to Form by, Fred A.Johnson,TMBH-ASO Legal Counsel,August 5,2019 2022_MC-SC-01_ILA Page 1 of 7 THIS AGREEMENT, is made and entered by and between Mason County Superior Court, hereinafter referred to as "Superior Court" and the Thurston-Mason Behavioral Health Administrative Services Organization, a quasi-governmental entity formed pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, hereinafter referred to as"TMBH-ASO." 1. PURPOSE The purpose of this Agreement is to define and fund judicial services provided by Superior Court for those individuals involuntarily detained to Mason County due to their mental disorder per chapters 71.05 and 71.24 RCW. 2. DURATION OF AGREEMENT This Agreement shall become effective on date signed by both parties to this Agreement, and shall terminate on December 31, 2022, unless otherwise amended. 3. SERVICES Services to be provided are those defined in chapters 71.05 and 71.24 RCW. Location of Involuntary Treatment Court will be at the Mason County Evaluation and Treatment Facility in addition to those judicial services provided at the Mason County Courthouse. This location is: a. Mason County Evaluation and Treatment Facility 307 West Cota St, Shelton, WA 98584 The Court shall operate two to three days a week or as necessary to meet the statutory requirements. Days and hours shall be determined by TMBH-ASO, the Treatment Provider at the Court location and Superior Court. Additionally, at this site, the judges of the Mason County Superior Court by majority vote may authorize mental health commissioners, appointed pursuant to RCW 71.05.135, to perform any or all of the following duties: a. Receive all applications, petitions, and proceedings filed in the Superior Court for the purpose of disposing of them pursuant to this chapter; b. Investigate the facts upon which to base warrants, subpoenas, orders to directions in actions, or proceedings filed pursuant to this chapter; c. For the purpose of this chapter, exercise all powers and perform all the duties of a Court Commissioner appointed pursuant to RCW 2.24.010; d. Hold hearings in proceedings and make written reports of all proceedings under this chapter which shall become a part of the record of Superior Court; e. Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and 2022_MC-SC-01_ILA Page 2 of 7 f. Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court. 4. FUNDING Funding for these court services shall be based on the cost of direct services as described in chapter 71.05 and 71.24 RCW provided by Superior Court and any additional staff support necessary to perform these services. Number of filings shall be documented and submitted with each invoice. Total amount shall not exceed $50,000 annually based on historical actual court costs. Thurston Mason BH-ASO reserves the right to withhold payment until such time that adequate back up documentation is provided to support the invoice. Funding level and capacity will be reviewed every six months to adjust for actual cost. 5. INVOICING FOR SERVICES RENDERED The Court will provide a quarterly invoice for services provided to TMBH-ASO. The invoice is due by the loth of the month. Invoices shall be submitted to invoicesna tmbho.org. 6. COMPLIANCE WITH LAWS Each Party shall comply with all applicable federal, state, and local laws, rules, and regulations and will maintain all necessary certifications, licenses, and accreditation that may be required to perform such Party's obligations under this Agreement. According to Section 15 of RCW 71.05.740 and 2020 c 302 s 58, All behavioral health administrative service organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soon as feasible, the behavioral health administrative services organizations must arrange to report new commitment data to the authority within twenty-four hours. Commitment information under this section does not need to be resent if it is already in the possession of the authority. Behavioral health administrative services organizations and the authority shall be immune from liability related to the sharing of commitment information under this section. The Clerk of the Court must share hearing outcomes in all hearings under this chapter with the local behavioral health Administrative Services Organization that serves the region where the Superior Court is located, including in cases in which the Designated Crisis Responder investigation occurred outside the region. The hearing outcome data must include the name of the facility to which the person has been committed 7. CONFIDENTIALITY The Parties shall use Personal Health Information (PHI) only for the purpose of the services outlined in this Agreement. TMBH-ASO, Court, or any other service provider shall not disclose, transfer, or sell any such information to any other Party, except as provided by law, or in the case of PHI, without the written prior consent of the person to whom the PHI pertains. The Parties also agree not to use or disclose PHI other than as permitted or required by this 2022_Mc-SC-01_iLA Page 3 of 7 Agreement, HIPAA, and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Parties shall use and disclose PHI only if such use or disclosure, respectively, in compliance with each applicable requirement of 45 CFR Section 164.504(e) and RPC 1.6. The Parties shall maintain the confidentiality of all PHI and other information gained by reason of this Agreement and shall return or certify the destruction of such information if requested in writing by the Parry to this Agreement that provided the information. TMBH-ASO and Court shall protect all PHI, records, and data from unauthorized disclosure in accordance with RCW 70.96A, WAC 388-877, and 42 CFR Part 2, Part 431, and Part 160 and 164 regarding HIPAA confidentiality requirements. 8. HOLD HARMLESS AND INDEMNIFICATION Each Party to this Agreement shall be responsible for its own wrongful and negligent acts or omissions, or those of its officers, officials, agents, or employees to the fullest extent required by law, and shall indemnify, defend, and hold the other Party harmless from and against all claims, suits, actions, liabilities, losses, expenses, damages, and judgments including costs and attorneys fees, for injury, illness, disability, or death to any person or persons or damage to property caused by, arising out of, or resulting from the performance of this Agreement by the Party, that Party's officers, officials, agents, and/or employees. In the case of negligence of more than one Party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. 9. INSURANCE Each Party shall, at its own cost and expense, obtain and maintain in force during the term of this Agreement professional and general liability insurance with limits of$1,000,000 per occurrence, $3,000,000 annual aggregate. Such insurance shall be provided by insurance company (ies) or self-insurance mutually acceptable to the parties. Each Party shall provide the other with a certificate of insurance (or copy of the insurance policy) verifying such coverage upon the other Party's request. 10. THIRD PARTY CLAIMS HOLDING A. The Party seeking indemnification hereunder shall promptly notify the other Party from whom indemnification is sought in writing of any claim asserted against it and promptly deliver a true copy of any summons or other process, pleading or notice issued in any lawsuit or claim. B. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying Party, said Party reserves the right to control the investigation, trial and defense of such lawsuit or action (including all negotiations to effect settlement), any appeal arising from it and employ or engage attorneys of its own choice. C. The Party seeking indemnification may, at its sole cost, participate in such investigation, trial 2022_MC-sC-01_iLA Page 4 of 7 and defense of such lawsuit or action and any appeal arising from same. D. Each Party to this Agreement, its employees, agents, servants and representatives shall provide full cooperation to the other at all times during the pendency of the claim or lawsuit, including, without limitation, providing one another with all available information concerning the claim. 11. NONDISCRIMINATION TMBH-ASO, its assignees, delegates or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 12. WITHDRAWAL Any party hereto shall have the right to withdraw from this Agreement at any time, PROVIDED that the remaining party to this Agreement shall have received written notification of the other party's intention to withdraw at least 120 days prior to the proposed effective date of such withdrawal; and PROVIDED FURTHER, that such notification is received at least 120 days prior to the expiration of the current fiscal year period. 13. PROHIBITION AGAINST ASSIGNMENT The obligations and duties under this Agreement shall not be assigned, delegated, or subcontracted to any other person, firm or entity without the prior express written consent of the TM BH-ASO. 14. CHOICE OF LAW, JURISDICTION AND VENUE A. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. B. Any action at law, suit in equity, or judicial proceeding arising out of this Agreement shall be instituted and maintained only in any of the courts of competent jurisdiction in Mason County. 15. SEVERABILITY If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did 2022_MC-SC-01_iLA Page 5 of 7 not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. COUNTERPARTS This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. This Agreement shall be effective upon its execution by the two named Parties. 17. FILING OF AGREEMENT A copy of this Agreement shall be filed with the County Auditor of Mason County or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source, as required by RCW 39.34.040. 18. AMENDMENT All amendments to this Agreement shall be in writing and mutually agreed upon and signed by both Parties. 19. TERMINATION This Agreement may be terminated by either party by giving (120) one hundred days written notice of termination to the other Party. 20. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 21. NOTICES Any notices shall be effective if personally served upon the other Party or if mailed by registered or certified mail, return receipt requested, to the addresses set out on the cover page. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 2022_Mc-sc-01_iva, Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the day of , 2022 Mason County Superior Court Administrator Thurston-Mason Behavioral Health Administrative Services Organization Governing Board James Madsen, Court Administrator Kevin Shutty, Chair Tye Menser, Vice Chair Gary Edwards, Commissioner 2022_MC-sC-01_iLA Page 7 of 7 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Jim Madsen, Chief Superior Court Action Agenda: X Administrator Public Hearing: Other Department: Superior Court Ext: 206 Commission Meeting Date: 3/15/22 Agenda Item # 8.3 (Commissioner staff to complete) Briefing Date: 2/28/22 Briefing Presented By: Jim Madsen [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Electronic Home Monitoring Contract between Mason County Juvenile Probation and Washington Association of Sheriffs and Police Chiefs (WASPC) Background: Juvenile Court Services has been a part of the Juvenile Detention Alternatives Initiative (JDAI) since 2008. As a part of this initiative, Juvenile Court Services receives grant funding to provide staff support and create alternative programming in lieu of detention. The Juvenile Court has an opportunity to receive additional funding for State Fiscal Years 2022/2023 and has elected to add Electronic Home Monitoring (EHM) to the menu of services that can be provided in lieu of detention. Recommended Action: Approve moving the Agency Based Electronic Monitoring Agreement between WASPC and Mason County Juvenile Court to the Action Agenda of the next regular Mason County Board of County Commissioners meeting. Attachment(s): Copy of Agreement Agenda Summary 3/8/2022 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS AGENCY BASED ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, hereinafter referred to as"Agreement"effective February 23,2022 is made between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS hereinafter referred to as"WASPC"with its principal place of business located at 3060 Willamette Drive NE, Lacey,WA 98516,and MASON COUNTY JUVENILE PROBATION hereinafter referred to as"The Department",with its principal place of business located at 436 W. Cedar St, Shelton,WA 98584 WITNESSETH WHEREAS, The Department desires to have certain services performed as hereinafter set forth requiring specialized skills, equipment and other supportive capabilities;and WHEREAS, WASPC represents that it possesses sufficient skills and necessary capabilities and equipment to perform the services set forth in this Agreement; NOW,THEREFORE,in consideration of the terms,conditions,covenants,and performances,contained herein,the parties hereto agree as follows: I. SERVICES WASPC shall perform services and accomplish such tasks, including for electronic monitoring on a per-client, per-day basis. The the furnishing of all materials and equipment necessary for full Department agrees to pay WASPC in accordance with the attached performance, as are identified and designated as WASPC Pricing Schedule. responsibilities throughout this Agreement. WASPC will charge for each monitoring conducted for any day or II. TERM OF AGREEMENT, TERMINATION, DURATION, AND part of any day during the interval preceding the submission of the RENEWAL statement of charges. The term of this Agreement is for one year [unless terminated as The Department agrees to pay WASPC an Equipment Inventory cost provided herein]from the effective date of the Agreement. of$3.85 per-unit, per-day. Inventory cost is based upon any agency that has in their possession a quantity of equipment not in service, This Agreement, its terms, conditions and authorized amendments, greater than necessary for timely operation. The quantity of shelf shall be renewed automatically for succeeding periods of one year on equipment allowable without cost will be determined based on the anniversary date of its original effective date unless either party program size and remain the final decision of WASPC. provides written notice within 60 days of the expiration of such one- year term that the party wishes to terminate the Agreement at the Tax will be added when applicable in accordance with the going tax expiration of the one-year term. rate for the contracted agency. WASPC reserves the right to adjust these rates during the contract period if necessary. In the event a All notifications in respect to this Agreement shall be in writing and price adjustment is necessary WASPC will provide The Department signed by a duly authorized representative of the party. Notification with written notification of adjustment thirty [30] days prior to any documents shall be sent by certified mail or delivered by messenger. adjustment. WASPC reserves the right to assess interest charges on all past due accounts and initiate collection actions. Any legal fees or Upon proper notification neither party shall be obligated to the other costs associated with said collection shall be awarded to the in any way outside those responsibilities defined in this Agreement. prevailing party. Notwithstanding, upon completion of WASPC services, The Department shall return in a timely manner all property due to In the event any new electronic monitoring equipment should become WASPC. WASPC is entitled to full payment for services rendered available during the term of this Agreement, the prices for such and accepted by The Department whether during the term of this equipment shall be the subject of good faith negotiation between the Agreement or thereafter. parties and shall become an addendum to this Agreement. III. COMPENSATION AND METHOD OF PAYMENT Submission of Statement WASPC will, at monthly intervals, submit a statement of charges Cost encompassing each client as designated by The Department. The price of services shall include the cost of all services,equipment, Payment for Service maintenance, training,and one way shipping necessary Upon receipt of the statement for services The Department will have ten [10]days to reconcile the statement and dispute any differences. Payment by The Department shall be made no later than thirty [30] days from the receipt of the statement for services. Revised August 10,2012 IV.LOSS OF OR DAMAGE TO EQUIPMENT The Department shall assume all risk of loss of or damage to the the validity of the remaining provisions shall not be affected, and the equipment from any cause whatsoever from and after the date of rights and obligations of the parties shall be construed and enforced delivery. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. as if the Agreement did not contain the particular provision held to be invalid. The cost of replacement is denoted on the Pricing Schedule attached. The cost for repair will be at the prevailing rate as specified IX. ENTIRE AGREEMENT;WAIVER by WASPC. This Agreement, together with attachments hereto, and other In the event the equipment is lost or stolen The Department will have documents or instruments executed by WASPC and The Department 15 days to locate and return the equipment before a billing takes in connection herewith, shall constitute the entire agreement between place. the parties. This Agreement shall not be modified, amended,altered or changed except with written consent of The Department and V. INDEMNIFICATION WASPC. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without Each party shall be responsible for its own acts and omissions and invalidating the remainder of the Agreement. The waiver by WASPC those of its officers, agents, elected officials and employees with of any breach by The Department of any term covenant or condition respect to this Agreement. Each party shall indemnify, defend and hereof shall not operate as a waiver of any subsequent breach hold the other party harmless from all cost, expense, claim, liability, thereof. penalty, injury or damage of any nature arising out of or in connection with their acts and omissions under this Agreement. Each party X. MONITORING SERVICES agrees to waive its immunity for claims arising out of or in connection with this Agreement. In the case of concurrent negligence of both WASPC will provide monitoring services with respect to individuals parties, any liability shall be assessed in proportion to the percentage ["Participants"]The Department selects to participate in the Electronic of negligence attributable to each party as determined by a court of Monitoring Program. competent jurisdiction, and each party shall have the right to seek contribution from the other party in proportion to the percentage of Monitoring Services shall include: (a) continuous radio frequency negligence attributable to the other party (RF) home detection monitoring consisting of a transmitter attached to the Participant and a receiver which is monitored through the VI. LIABILITY DISCLAIMER Participant's phone line. The system reports when the receiving unit is no longer receiving a signal from the transmitting device. (b) WASPC is not responsible for, and makes no implied or express Tracking will be performed using GPS. The Participant will wear a warranty regarding, the conduct of an offender while participating in transmitter and may carry a tracking device, which will receive the electronic home monitoring program. WASPC's duties and satellite signals from GPS, which will pinpoint the Participant's responsibilities are limited to the monitoring services provided for in location on the ground. (c) Alcohol Testing may be performed paragraph X of this Agreement. WASPC neither warrants nor through the use a transdermal alcohol detector worn by the offender represents that its monitoring of an offender will deter or cease an which will detect alcohol at or above .02 TAC. Alcohol testing can offender from re-offending or causing damage to person or property. also be performed through the use of a video camera and a portable An offender's eligibility for the electronic monitoring program is not BAC testing device electronically tied to the monitoring system,which determined by WASPC. Only the sentencing judge, after reviewing can be integrated, with the RF or GPS systems. The Participant can the offender's criminal history, can make a final determination of receive up to three calls/breath tests in a twenty-four period. (d) program eligibility. Unless specifically agreed otherwise, WASPC shall provide The Department notice of a Participant's violation of the electronic VI I. GOVERNING LAW AND VENUE monitoring program via internet access, text message paging or e- mail. It is the Agency's responsibility to take action regarding the This Agreement shall be construed in accordance with, and governed violation. (e) WASPC shall conduct training and provide consultation by the laws of the State of Washington. Venue for any action shall in the operation of electronic monitoring devices used by WASPC.(0 be in the Superior Court of Thurston County,Washington. When required by Subpoena or Court Order, WASPC will make available a qualified person to give expert testimony and provide physical evidence at the then reasonable and customary rate for Vill. SEVERABILITY such services. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal, Revised August 10,2012 DATED: SIGNED: Authorized Representative �.. SIGNED: Authorized Representative Approved As To Form DATED: SIGNED: Steve Strachan,Executive Director Washington Association of Sheriffs and Police Chiefs Michael E. McAleenan Approved As To Form Smith Alling&Lane 2884 16 If243001 2/24/22 Revised August 10,2012 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: March 22, 2022 Agenda Item # 8.4 Commissioner staff to complete) BRIEFING DATE: March 7, 2022 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval to set a public hearing for Tuesday, April 12, 2022 to surplus county owned real property, parcel #32007-13-00050, located off Johns Prairie Road Background: Mark Kamin has inquired about purchasing the County's 0.20 acre triangular shaped parcel off of Johns Prairie Road. Kamin Properties, LLC owns the two adjacent parcels. The shape and size of the property makes it not much use to the County but beneficial to the adjacent property owner. The County purchased the property in 1990 for $1,742.24. I have consulted with the Public Works and Planning Departments on this for any potential problems or conflicts, and both departments concur that there are none. Richard Beckman has weighed in on the value of the land: If buildable, the FMV is approximately $35-$45,000, if not buildable or cost prohibitive to build, the FMV is more in line with $3-$5,000. The Planning Department has expressed that based on the size of the land it is not developable for commercial development, therefore the value would fall in the range of $3-$5,000. The 2022 County Assessor's market value for this property is $3,690. Per Mason County Code, Chapter 3.40.300, and confirmed by Chief DPA, Tim Whitehead, an appraisal from a state-licensed appraiser is not necessary if the currently assessed value is less than $100,000. For sale of property assessed at less than $100,000, an appraisal may be provided by the county assessor. The Board has agreed to set a public hearing to surplus the property on April 12, 2022. Recommended Action: Approval to set a public hearing for Tuesday, April 12, 2022 to surplus county owned real property, parcel #32007-13-00050, located off Johns Prairie Road Attachment: J:\Budget Office\Briefing, Agenda,&Public Hearing Items\2022\Action Agenda 3.22.2022-Public Hearing to Surplus Property.doc MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lydia Buchheit Action Agenda: _X_ Public Hearing: Other: Department: Community Services-Public Health Ext: 404 Date: 3/15/22 Agenda Item # g 5 Commissioner staff to complete) Briefing Date: 3/7/22 Briefing Presented By: Lydia Buchheit [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Contract with Mason Health to fulfill deliverables for the Rural Communities Opioid Response Program with HRSA. Background: As one of our partners, Mason Health offers a project coordinator, Certified Peer Counselor and Data Processor to meet the grant deliverables Budget Impact(s): None-already budgeted in 2022 Recommended Action: Approve contract with Mason Health for RCORP Program Attachment(s): Contract with Mason Health-RCORP MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT# THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason Health, hereinafter referred to as"CONTRACTOR." Contracted Entity Mason Health Address 1701 N 13th St (physical), P.O. Box 1668 (mailinq) City, State, Zip Code Shelton, WA 98584 P one 360-426-1611 Primary Contact Name, Title Amber Carlson, Director of Behavioral Health Primary Contact Phone & E- 360-426-1611 ext. 26126 mail acarlson@masongeneral.com Contractor Fiscal Contact Amber Carlson, Director of Behavioral Health Contractor Fiscal Phone & 360-426-1611 ext. 26126 Email acarlson@masongeneral.com Washington State UBI# 232002969 Federal EIN 910836763 Total Award/Contract Value $177,870 Contract Term Duration September 1, 2021-August 31, 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & _LydiabCcDco.mason.wa.us 360-427-9670 ext 404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Casevb®co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington and according to the Mason County 5-year plan. COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Mason Health Agency 1,1 e r Kevin Shutty, Chair Authorized Signature Date Mark Batty, Chief Operating Officer APPROVE AS TO FORM: Print Name &Title <"y 2/25/2022 im.whitehed;-Chief DPA Date Professional Services Contract(rev 05/2020) Page 1 Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of contract award starting date for the CONTRACTOR to submit an invoice and receive funding. 1. CONTRACT REQUIREMENTS to receive funding: a. Certificate of Insurance (see requirements Exhibit B) Funding Source: Rural Communities Opioid Response Program-HRSA General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY all services and any materials as set forth as identified in Exhibit A SCOPE OF SERVICES, instructions, and disclosures during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT follows the term of the funding source. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder, and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C-Budget, and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will be responsible for and will pay all taxes related to the receipt of payments from the COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Payment: COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month, according to the terms provided in EXHIBIT B, provided that CONTRACTOR performs the services and submits all reporting to a satisfactory level. Monthly expenditures will be reported via agencies invoice.. Payment is on the assumption that Federal, State and local funds are available to the COUNTY for disbursement to the CONTRACTOR and have been expended and program requirements met, or earlier in the event of non-compliance. If Federal, State or local funds are not available to the COUNTY, the COUNTY reserves the right to amend the payment terms and the amount of the maximum contract total. The term of this CONTRACT begins on the Effective Date, and the ' Professional Services Contract (rev 05/2020) Page 2 CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is August 31, 2023 or earlier in the event of non- compliance. Payment Information: CONTRACTOR agrees to complete or make sure a current Vendor Payment Form is on file providing the COUNTY with all information necessary to correctly issue such payments. If CONTRACTOR fails to provide such information in response to the COUNTY'S written request, then the COUNTY may withhold payments to CONTRACTOR until CONTRACTOR provides such information. Budget: CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR will follow the Budget Amendment Process for quarterly expense transfers within a budget category (i.e. operations, administration, facilities support). Budget transfers will not be made unless approved by the COUNTY. Late requests will not be accepted. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Recordkeeping: CONTRACTOR agrees to keep records in an easily read form sufficient to account for all receipts and expenditures of contract funds. These records, as well as supporting documentation, will be archived by the CONTRACTOR'S office for at least six (6) years after the end of the contract. CONTRACTOR agrees to make such books, records, and supporting documentation available to the COUNTY for inspection when requested. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit C BUDGET." Where Exhibit "C" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures. Reporting and Other Contract Requirements: CONTRACTOR agrees to submit program and expense reports, as well as perform all other requirements outlined in Exhibit A- on or before the dates indicated therein. The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or disseminate the data provided in program reports, financial activity reports, or any other reports submitted to the COUNTY with respect to the program. Federal and State Benchmarks, Data Collection, and Evaluation: The Department of Housing and Urban Development (HUD) and the Department of Commerce may require additional reporting of programs and continuums of care directly or indirectly related to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data Timeliness, ' Professional Services Contract (rev 05/2020) Page 3 ' Housing Inventory Report, Annual Performance Report, Point in Time Count and System Performance Measures. CONTRACTOR agrees to participate in these evaluation efforts, meet individual benchmarks that contribute to the system and will fulfill the data collection and reporting requirements specified at the time of the request. It will be the obligation of the COUNTY representatives, CONTRACTOR, and other contractors to provide protections and assurances regarding the confidentiality of data, samples of work (in any media format) and/or interview comments provided by participants. CONTRACTOR also agrees to provide the COUNTY with the results of any independent or self-directed evaluation or research undertaken in respect to the funded program. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY now or in the future. Intellectual Property: CONTRACTOR shall retain all copyrights and other intellectual property rights to written work produced because of this award, including but not limited to, work product listed in SCOPE OF SERVICES. CONTRACTOR grants to COUNTY a nonexclusive, irrevocable, perpetual, and royalty- Professional Services Contract (rev 05/2020) Page 4 free license to access, reproduce, publish, copy, or otherwise use such written work. Program materials may be reproduced (but not morphed, amended, revised, or redesigned) by any other party, on a worldwide, non-exclusive basis and without fee in connection with their own educational or program purposes, but may not be used in connection with sales or distribution for profit. The owner must approve any use of project materials not specifically permitted under this provision, in advance and in writing. As appropriate, all materials shall contain an attribution of ownership. Third-Party Rights: CONTRACTOR warrants that written work product(s) produced under the terms of this CONTRACT will not infringe, misappropriate, or violate the rights of any third party, or incorporate or be derived from the intellectual property of any third party, without the COUNTY'S prior written consent. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A-SCOPE OF SERVICES. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, ' Professional Services Contract (rev 05/2020) Page S failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Change in Personnel The success of the approved program is largely contingent on the approved staffing identified in the proposal application and/or related to the final award amount and related services. Should there be any material change in job description, level of authority, or employment status of program staffing (or projected staff start dates for new programs) during the term of the CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing within 15 days of the change and includes a staffing plan to minimize any disruption in services. CONTRACTOR will provide weekly updates after the written notice and plan until the staffing change is resolved. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Professional Services Contract (rev 05/2020) Page 6 Equipment Purchase, Maintenance, and Ownership The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with contract funds at a cost of$1,000 per item or more, is upon its purchase the property of the COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts) and maintenance records of equipment purchased with Contract funds. The CONTRACTOR shall be responsible for any loss or damage to property of the COUNTY that results from the negligence of the contractor or that results from the failure on the part of the contractor to maintain and administer that property in accordance with sound management practices. In the case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the COUNTY. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. If subcontracting approved, CONTRACTOR is responsible to COUNTY should the subcontractor fail to comply with any applicable term or condition of this contract. CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract term to assure fiscal conditions and performance metrics are met. COUNTY will be included on any audit or monitoring activities and reports. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Professional Services Contract (rev 05/2020) Page 7 1 Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY; to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Public Hospital District No. 1 (Contractor) is a Washington municipal corporation, a government entity that is subject to the requirements of the Washington Public Records Act, Chapter 42.56 of the Revised Code of Washington (the "Act"). Contractor agrees that upon receiving any request pursuant to the Act for public access to or disclosure of information associated with this contract or any other confidential information as defined by this agreement of COUNTY in Contractor's possession or control, Contractor will notify COUNTY of such request and provide at least 5 days written notice of such request prior to public disclosure of the documents. COUNTY may take such efforts to assert or exercise any rights available to COUNTY under the Act to prevent or limit such public disclosure or access at COUNTY's sole and exclusive expense. Notwithstanding the return by Contractor of confidential information or documents to COUNTY, COUNTY shall provide any documents in COUNTY's custody or control that may be necessary for Contractor to comply with the Act. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and Professional Services Contract (rev 05/2020) Page 8 maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B-Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Contractor Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the negligence of COUNTY to the extent of COUNTY's negligence. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Professional Services Contract (rev 05/2020) Page 9 Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR'S indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Conflict of Interest Notwithstanding, any determination by the Executive Ethics Board or other tribunal, the COUNTY may, in its sole discretion, by written notice to CONTRACTOR terminate this contract if it is found after due notice and examination by the COUNTY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW or any similar statute involving CONTRACTOR, or any activities performed pursuant to the contract. Unilateral Contract Changes The CONTRACTOR acknowledges that the COUNTY may correct typographical errors, numbering errors or other minor grammar or punctuation error without the need to amend the agreement. The CONTRACTOR shall be notified when any correction take place and will be provided with a corrected copy of the contract. Contract Monitoring and Program Review CONTRACTOR will permit Mason County staff to visit CONTRACTOR'S premises and review CONTRACTOR'S activities with respect to the program, and will permit the COUNTY at its own expense, to conduct an independent financial and/or programmatic audit of the expenditures related to this contract. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Lydia Buchheit, Community and Family Health & Human Services Manager Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: LydiaB(cDco.mason.wa.us Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services Professional Services Contract (rev 05/2020) Page 10 ' 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(a co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Special Conditions C. General Terms & Conditions D. Exhibit B Insurance Requirements E. Exhibits A, C Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties ' Professional Services Contract (rev 05/2020) Page 11 EXHIBIT A SCOPE OF SERVICE Program: Rural Communities Opioid Response-Implementation Program Description: Engage in and accomplish harm reduction, prevention, treatment, and recovery activities as per RCORP deliverables in conjunction with other RCORP Consortium members, other Mason Healthstaff/programs, and the larger Mason County community. A 0.20 FTE Project Coordinator will facilitate program development and implementation; supervise Certified Peer/Community Health Worker staff; provide administrative oversight and coordination forthe Mason Health sub-contracted funding, expenditures and monitoring compliance with the terms and conditions of the grant, including keeping records suitable for audit as well as all applicable federal, state, and other regulations listed in the grant award, and adhering to public hospital districtpolicies, and similar. A 1.0 FTE Certified Peer Counselor (CPC) will be responsible for accomplishing prevention, treatment, and recovery activities around engaging Mason Health patients and the community in evidence-based messages and education; reducing stigma and barriers to care; harm reduction education; enabling individuals to locate, access, and navigate treatment and recovery support services for SUD/OUD, including social supports like transportation, housing, employment assistance,child care, and legal aid. A 0.10 FTE Data Processor will collect and process data from the electronic medical records to be usedfor the bi-annual PIMS report in year 2 and 3. Program Expectations: • Mason Health staff will participate in regular Consortium meetings. • Mason Health will keep current on reporting and data collection, utilizing mechanisms in placeand developing new procedures if needed. • Peer will meet with Mason Health patients through referrals from the Behavioral Health Department, Emergency Department, and clinics. • The Peer will share lived experience regarding behavioral health challenges and path of recovery with program participants to foster engagement, a sense of safety, motivation, andhope for a chance of recovery. • Peer will assist other RCORP partners and programs as needed in providing services for the larger SUD community and their loved ones to break down barriers for SUD/OUD prevention,treatment, and recovery. • Peer may participate in community outreach activities as needed with OHRS and COUNTY staff. • Program Coordinator will work to expand SUD programming in Mason Health, including butnot limited to MAT access, stigma reduction, and recovery supports. • Research and understand Mason County's (and beyond) Behavioral Health and recovery support system, so that referrals and the appropriate coordination of services takes place. • Attend local stakeholder meetings when appropriate. Performance/Reporting and Deliverables: Mason Health will adhere to all RCORP reporting deliverables, including quarterly reports, bi-annualPerformance Improvement Measurement System, sustainability plans, and other requirements as needed. ' Professional Services Contract (rev 05/2020) Page 12 , EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within thirty (30) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. Professional Services Contract (rev 05/2020) Page 13 ' 5. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 6. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 7. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 8. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 9. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 10. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 11. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 12. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 13. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 14. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 15. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 16. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligationor liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. ' Professional Services Contract (rev 05/2020) Page 14 EXHIBIT C BUDGET Submit monthly payment request and ledger electronically to Christina Muller-Shinn at CMuller-Shinn(ab-co.mason.wa.us. Mason Item Year 1 Year 2 Year 3 Total Grant Health Amount Personnel 1.0 FTE Peer @ 37,135 $67,697 $67,697 $135,394 0.20 FTE Project Coordinator @ 20,306 0.10 FTE Data Processor $10,256 Fringe 1.0 FTE Peer @ $21,238 $21,238 $42,476 Benefits $12,069 0.20 FTE Project Coordinator @$6,092 0.10 FTE Data Processor 3,077 Total $88,935 $88,935 $177,870 Payment: Funding will be disbursed upon submitting the program reports and expenditure invoice according to the vendor payment schedule of the County Assessor's Office. Invoices are paid providing the CONTRACTOR performs the services, all expenses are allowable, and submits all reporting to a satisfactory level. COUNTY will reimburse CONTRACTOR for actual expenditures incurred each month. Payment is considered timely when paid within thirty days from the date the invoice was approved. j l Professional Services Contract (rev 05/2020) Page 15 , MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 3/15/222 Agenda Item #8•Q Commissioner staff to complete) BRIEFING DATE: 2/28/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Request to re-hire EHS Background: Community services is requesting to rehire a Temp Full Time EHS and change its status to Regular Full Time. Last December, Casey Vaughn took a job with Dept. of Ecology. This position was added to complete deliverables from our Pierce Co./ South Sound PIC project which is funded to Sept. of 2022. We are looking to re-hire this position to finish the remaining grant deliverables. In addition, the position will assist with the implementation of our county-wide CWD objectives. This provides a nice transition into more stable work for the position, beyond the grant project end date. Budget Impacts: This position is budgeted. Funding provided by Pierce Co. contract SC-106521 and CWD funding. After September, CWD funding will support the position entirely. RECOMMENDED ACTION: Approval to replace a Temporary Full Time EHS with a Regular Full Time EHS. Attachment(s): None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 15, 2022 Agenda Item # 8_T Commissioner staff to complete) BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the County Administrator to sign the contract amendment to the RWD Landscape Architecture contract for work done to complete the PROST (Parks, Recreation, Open Space and Trails Plan) Background: This contract was entered into in July 2021 with an original quote of$50,000 and at the request of County staff(Ross McDowell), Bob Droll agreed to the sum of $48,500 and reserve $1,500 as a contingency. However, the $1,500 was not included in the contract. The contractor is requesting the $1,500 to complete the work on the PROST. Budget Impacts: $1,500 to Current Expense RECOMMENDED ACTION: Approval for the County Administrator to sign the contract amendment to the RWD Landscape Architecture contract for work done to complete the PROST (Parks, Recreation, Open Space and Trails Plan) Attachment(s): Contract Amendment AMENDMENT TO AGREEMENT BETWEEN MASON COUNTY AND ROBERT W. DROLL, LANDSCAPE ARCHITECT—MASON COUNTY CONTRACT#21-063 This Amendment authorizes an additional payment of$1,500 pursuant to Article 4 Compensation and Payments (2) Additional Services negotiated. This is the final payment for services provided in the update of the Mason County Parks & Recreation Comp Plan. All remaining provisions of the agreement remain the same. Dated this 15th day of March, 2022, RWD Landscape Architect: MASON COUNTY,WASHINGTON �'04 -"e� Robert W. Droll Mark Neary,Administrator APPROVED AS TO FORM: Tint hitehead,Chief DPA C:\Users\TimWWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\OY5CQT8D\Amend Droll PROST contract March 15.doc MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Dave Windom Action Agenda: Public Hearing: Other: Department: Community Services Ext: 260 Date: 3/15/22 Agenda Item # �3.8 Commissioner staff to complete) Briefing Date: 2/28/22 Briefing Presented By: Dave Windom [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item: Consolidated Homeless Grant (CHG) Contract 22-46108-20 Amendment B Background: The Department of Commerce is distributing unallocated funds to the Consolidated Homeless Grant standard funds category. Mason County's allotment is $86,628. Crossroads Housing is the recipient of CHG Standard Funds to operate a centralized rapid rehousing program for Mason County. The goal is to subcontract these funds to Crossroads to expand the rental assistance programs. Budget Impact(s): None Recommended Action: Approve Consolidated Homeless Grant (CHG) Contract 22-46108-20 Amendment B and the CHG Contract Amendment with Crossroads Housing for the administration of these funds. Attachment(s): Consolidated Homeless Grant (CHG) Contract 22-46108-20 Amendment B Amendment #2 with Crossroads Housing DocuSign Envelope ID: DlA940FE-AF83-4777-A3F3-Q83ElA8045E3 „mendment Contract Number:22-46108-20 Amendment Number:B Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant(CHG) 1.Contractor 2.Contractor Doing Business As(optional) Mason County Public Health 415 N. 6"' St Shelton, WA 98584 3. Contractor Representative 4.COMMERCE Representative Casey Bingham Megan Kendig PO Box 42525 Fiscal Manager Grant Manager 1011 Plum St SE 360-427-9670 ext 562 (360)972-4143 Olympia,WA 98504-2525 caseyb@co.mason.wa.us megan.kendig@commerce.wa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $3,344,121 $86,628 $3,430,749 8. Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State: X Other: N/A: February 28,2022 June 30,2023 11. Federal Funds(as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: Adds CHG standard funds. COMMERCE, defined as the Department of Commerce, and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: CHG Guidelines(as they may be revised from time to time),and Contract Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR GRANTEE FOR COMMERCE DoouSiyne dby:� 1 IaVUI 96DD77' kzi:4F37 Kevin Shutty, BOCC Chair Diane Moritz,Assistant Director Community Services and Housing Division 2/21/2022 1 4:22 PM PST Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce DocuSign Envelope ID: D1A940FE-AF83-4777-A3E3-683E1A8045E3 Amendment This Contract is amended as follows: Attachment B Budget Budget Categories Current Contract Amendment B New Total Amount (and any previous amendments and revisions CHG Standard Admin $50,488.00 $8,000.000 $58,488.00 Rent/Fac Support Lease $116,000.00 $34,628.00 $150,628.00 Other Rent/Fac Support Lease and $66,101.00 $24,000.00 $90,101.00 Housing Costs Operations $104,000.00 $20,000.00 $124,000.00 PSH CHF PSH CHF Rent/Fac Support Lease $39,000.00 $0 $39,000.00 PSH CHF Other Rent/Fac Support $1,000.00 $0 $1,000.00 Lease and Housing Costs PSH CHF Operations $10,000.00 $0 $10,000.00 HEN SFY 2022 (July 2021-June 2022 HEN Admin 2022 $87,801.00 $0 $87,801.00 HEN Rent/Fac Support and Housing $867,722.00 $0 $867,722.00 Costs 2022 HEN Operations 2022 $289,240.00 $0 $289,240.00 HEN SFY 2023 (July 2022-June 2023 HEN Admin 2023 $87,801.00 $0 $87,801.00 HEN Rent/Fac Support and Housing $867,722.00 $0 $867,722.00 Costs 2023 HEN Operations 2023 $289,240.00 $0 $289,240.00 Hotel Leasing and Rapid Re-Housing Admin for Hotel Leasin /RRH $70,000.00 $0 $70,000.00 Hotel Leasin /RRH/O erations $399,446.00 $0 $399,446.00 Total $3,344,121.00 $86,628.00 $3,430,749.00 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT 2 Contract Between Mason County Community Services Department of Public Health and Crossroads Housing Professional Services Contract number CH:2021-2023.CHG.2163.TST(MC 21-058) Amendment# 2 The purpose of this amendment is to add CHG Standard Funds IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE is hereby revised to include additional activities CHG Standard funds are for allowable activities under the CHG Grant Guidelines with a priority to expand the centralized rapid rehousing program, the use of flexible funds and other housing costs to achieve or maintain housing stability. 2. EXHIBIT C: BUDGET: Additional funding award in CHG Standard Category Administration: $8,000 Rent/Fac Support Lease: $34,628 Other Rent/Fac Support Lease and Housing Costs: $24,000 Operations: $20,000 TOTAL: $86,628 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2022. OR OAjd"S HOUSING: 1 MASON COUNTY COMMISSIONERS ignafyre — Kevin Shutty, Chair Date r^ � Mason County Board of Commissioners Title Date 1 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: 15 March 22 Agenda Item # B.C� Commissioner staff to complete) BRIEFING DATE: March 7, 2022 BRIEFING PRESENTED BY: Dave Windom ( ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Place on Commission agenda a vote to allow Mason County Community Services Director signature authority for contracts and amendments for changes in amendments to the Consolidated Contract with the Department of Health. Background: The Department of Community Services enters into small contracts with local and state partners to execute various grant deliverables and to assist partners in achieving the goals of Mason County. From time to time DOH provides amendments to the CONCON with changes to funding or dates of deliverables. This has been the relationship with DOH for greater than 20 years. Pushing these minor changes to the contract through the briefing/commission process slows the adoption by several weeks. This change would allow the Director of Mason County Community Services to sign and return contracts and contract amendments in a timelier manner and would be reported at the next regularly scheduled Board of Commissioners meeting. The main CONCON which is renewed every two years would be briefed and voted in the normal manner. New programs in the Amendments would be briefed and voted in the normal manner. Budget Impacts: None RECOMMENDED ACTION: Pass Resolution Attachment(s):Resolution RESOLUTION NO. A Resolution Amending Resolution No.2020-74 Authorizing the Mason County Community Services Director to Approve and Sign Certain Contract Amendments WHEREAS, the Department of Community Services enters into State Department of Health contracts known as the Consolidated Contract (ConCon) with both local and state partners to execute various grant deliverables and to assist partners in achieving the goals of Mason County;and WHEREAS, amendments to the ConCon are issued from time to time as programs change and funding levels change; and WHEREAS,the ConCon with the Department of Health is renewed biannually with amendments periodically to cover changes;and WHEREAS,delays in amendment approval costs the department the ability to access those dollars for continuing programs;and WHEREAS,contracts are passed through the Prosecutor's Office for legal review;and WHEREAS,allowing the Mason County Community Services Director to sign certain amendments will shorten the turnaround time in the signature process; and WHEREAS, amendments will be briefed to the Board of County Commissioners at the next regularly scheduled briefing;and NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby authorize the Mason County Community Services Director to approve and sign Consolidated Contract(ConCon)amendments that do not add new programs to the statement of work. DATED this day of ,2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Kevin Shutty,Commissioner Tim White ad,. ief Deputy Prosecuting Attorney Sharon Trask,Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 3/15/2022 Agenda Item #e) Commissioner staff to complete) BRIEFING DATE: 3/7/2022 BRIEFING PRESENTED BY: David Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH31019 Amendment 2 Adds Statement of work for: 1. DCHS-ELC-COVID19 Response: Provides 1,137,881 in carry forward funding for Covid-19 testing, investigation and contract tracing to limit its spread. 2. ELC-COVID19: This is 65,595 carry forward for COVIDI9 epidemiology, laboratory and Health information systems.. 3. Emergency Preparedness: 34,459 in ongoing funding for Public Health Emergency Preparedness. 4. Overdose Data to Action. This is an ongoing program with no dollar amount attached yet as waiting on DOH closeout of 2021. 5. Office off Immunization: This is an ongoing program with no dollar amount attached yet as waiting on DOH closeout of 2021. BUDGET IMPACTS: 1,237,935 in funding for the 2022 budget year. 400,000 of this funding has been budgeted, If we expend more than that we will need to do a budget amendment for 2022. RECOMMENDED OR REQUESTED ACTION: Approve Amendment 2 to CLH31019 Consolidated Contract. 3/9/2022 MASON COUNTY PUBLIC HEALTH 2022-2024 CONSOLIDATED CONTRACT CONTRACT NUMBER: CLH31019 AMENDMENT NUMBER: 2 PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as "DOH",and MASON COUNTY PUBLIC HEALTH,a Local Health Jurisdiction,hereinafter referred to as"LHJ", pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto. IT IS MUTUALLY AGREED: That the contract is hereby amended as follows: 1. Exhibit A Statements of Work,includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL: hos•//stateofwa shargpoint com/sites/doh-ofsfundingesources/siigages/home.asnx?=el:9a94.688da2d94d3ea8Oac7fbc32e4d7c ® Adds Statements of Work for the following programs: • DCHS-ELC-COVID 19 Response-Effective January 1,202 • ELC-COVID19-Effective January 1,2022 • Emergency Preparedness,Resilience&Response-PHEP -Effective January 1,2022 • Injury&Violence Prevention-Overdose Data to Action-Effective January 1,2022 • Office of Immunization-Perinatal Hep B -Effective January 1,2022 ❑ Amends Statements of Work for the following programs: ❑ Deletes Statements of Work for the following programs: 2. Exhibit B-2 Allocations,attached and incorporated by this reference,amends and replaces Exhibit B-1 Allocations as follows: ® Increase of 12$ , 37,935 for a revised maximum consideration of$3,275,227 . ❑ Decrease of for a revised maximum consideration of ❑ No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes. Unless designated otherwise herein,the effective date of this amendment is the date of execution. ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof. MASON COUNTY PUBLIC HEALTH STATE OF WASHINGTON DEPARTMENT OF HEALTH Date Date APPROVED AS TO FORM ONLY Assistant Attorney General Page 1 of 1 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: DCHS-ELC COVID-19 Response- Local Health Jurisdiction Name: Mason County Public Health Effective January 1,2022 Contract Number: CLH31019 Funding Source Federal Compliance Type of Payment SOW Type: Original Revision#(for this SOW) ® Federal Subrecipient (check if applicable) ® Reimbursement ❑ State ® FFATA(Transparency Act) ❑ Fixed Price Period of Performance: January 1,2022 through December 31,2022 ❑ Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to provide supplemental funding for the LHJ to ensure adequate culturally and lingquistically responsive testing,investigation and contract tracing resources to limit the spread of COVID-19.This funding is the estimated carryforward amount. Revision Purpose: N/A Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY19 ELC COVID ED ALLOCATION 1897129G 93.323 333.93.32 01/01/22 10/18/22 0 243,027 243,027 FFY20 ELC EDE LHJ ALLOCATION 1897120E 93.323 333.93.32 01/01/22 12/31/22 0 894,854 894,854 p 0 0 0 0 0 0 0 0 0 0 0 0 1,137,881 1,137,881 TOTALS Payment Information Task Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount d response activities for COVID-19.This may include surveillance,epidemiology,laboratory capacity,infection control, Participate in public health emergency preparedness an mitigation,communications and or other preparedness and response activities for COVID-19. Examples of key activities include: • Incident management for the response • Testing • Case Investigation/Contact Tracing • Sustainable isolation and quarantine • Care coordination • Surge management • Data reporting w:�,;+ 0 Q+.+arrant of Wnrk, Page 1 of 7 Contract Number CLH31019 Task Deliverables/Outcomes Due Date/Time Frame Payment Information Activity and/or Amount NOTE:The purpose of this agreement is to supplement existing funds for local health jurisdictions to carry out surveillance,epidemiology,case investigations and contact tracing,laboratory capacity,infection control,mitigation,communications,community engagement,and other public health preparedness and response activities for COVID-19. DCHS COVE[)-19 Response 1 Establish a budget plan and narrative to be submitted to the Submit the budget plan and narrative using Within 30 days of Reimbursement of actual Department of Health(DOH)Contract Manager. DOH will the template provided. receiving any new award costs incurred,not to send the"Budget narrative Template","Budget Guidance"and for DCHS COVID-19 exceed: any other applicable documents that may be identified. Response tasks. $243,027 FFY19 ELC 2 1) LHJ Active monitoring activities.In partnership with WA Data collected and reported into DOH Enter performance metrics COVID ED LHJ DOH and neighboring Tribes,the LHJ must ensure systems daily. daily into DOH identified ALLOCATION Funding adequate culturally and linguistically responsive testing, systems (1V11 1897129G) investigation and contact tracing resources to limit the Funding end date spread disease.LHJs must conduct the following activities Quarterly performance 10/18/2022 in accordance with the guidance to be provided by DOH. reporting updates $894,854 FFY20 ELC a. Allocate enough funding to ensure the following EDE LHJ ALLOCATION Contact Tracing and Case Investigation Support:Hire a Funding(MI 1897120E) minimum of 1.0 data entry FTE to assure system Funding end date requirements for task 2.1.a. 7/31/2023 i. Contact tracing 1. Strive to maintain the capacity to surge a Enter all contact tracing data in CREST minimum of five(5)contact tracers for every following guidance from-DOH. 100,000 people in the jurisdiction, as needed, based on disease rates.DOH centralized investigations will count towards this minimum. 2. Have staff that reflect the demographic makeup of the jurisdiction and who can provide culturally and linguistically competent and responsive services. In addition,or alternatively,enter into an agreement(s)with Tribal,community-based and/or culturally-specific organizations to provide such services.DOH centralized investigations will count towards this minimum. 3. Ensure all contact tracing staff are trained in accordance with DOH investigative guidelines and data entry protocols. 4. Coordinate with Tribal partners in conducting contact tracing for Tribal members. A Ctntement of Wnrk Page 2 of 7 Contract Number CLH31019 Payment Information Task Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount 5. Ensure contact tracing and case investigations activities meet DOH case and Contact Tracing Metrics. (Metrics to be determined collaboratively by DOH,LHJs and Tribes.) Work with DOH to develop a corrective action plan if unable to meet metrics. 6. Perform daily monitoring for symptoms during quarantine period of contacts ii. Case investigation 1. Strive to maintain the capacity to surge a minimum of five(5)case investigators and contact tracers for every 100,000 people in the jurisdiction,as needed,based on disease rates. DOH centralized investigation will count toward this minimum. 2. Enter all case investigation and outbreak data Enter all case investigation data in WDRS in WDRS following DOH guidance. following guidance from-DOH. a) Strive to enter all case investigation and outbreak data into CREST as directed by DOH. b) Ensure all staff designated to utilize WDRS have access and are trained in the system. c) Include if new positive cases are tied to a known existing positive case or indicate community spread. d) Conduct case investigation and monitor outbreaks. e) Coordinate with Tribal partners in conducting case investigations for tribal members. 3. Ensure contact tracing and case investigation activities meet DOH Case and Contact Tracing Metrics. (Metrics to be determined collaboratively by DOH,LHJs,and Tribes.) Work with DOH to develop a corrective action plan if unable to meet metrics. b. Testing i. Work with partners and Tribes to ensure testing is available to every person within the jurisdiction meeting current DOH criteria for testing and other local testing needs. Ctotam—t of Wnr1C Page 3 of 7 Contract Number CLH31019 Task Deliverables/Outcomes Due Date/Time Frame Payment Information Activity and/or Amount ii. Work with partners and Tribes to ensure testing is provided in a culturally and linguistically responsive manner with an emphasis on making testing available to disproportionately impacted communities and as a part of the jurisdiction's contact tracing strategy. iii. Maintain a current list of entities providing Maintain a current list of entities providing COVID-19 testing and at what volume.Provide COVID-19 testing and at what volume. reports to DOH on testing locations and volume Provide reports to DOH Contract manager as requested. on testing locations and volume as requested. c. Surveillance FTE support at a minimum of.5 FTE Epidemiologist to support daily reporting needs below. i. Ensure all COVID positive lab test results from Ensure all COVID positive test results are LHJ are entered in to WDRS by 1)entering data entered into WDRS within 2 days of directly in to WDRS,2)sending test results to DOH receipt to enter,or 3)working with DOH and entities conducting tests to implement an electronic method for test result submission. ii. Maintain records of all COVID negative lab test results from the LHJ and enter into WDRS when resources permit or send test results to DOH. iii. Collaborate with Tribes to ensure Tribal entities with appropriate public health authority have read/write access to WDRS and CREST to ensure that all COVID lab results from their jurisdictions are entered in WDRS or shared with the LHJ or DOH for entry. d. Tribal Support. Ensure alignment of contact tracing Quarterly performance updates related to and support for patients and family by coordinating Q y p er p with local tribes if a patient identified as American culturally and linguistic competency and Indian/Alaska Native and/or a member of a WA tribe. responsiveness,tribal support,infection prevention and control for high-risk e. Support Infection Prevention and control for high-risk populations, community education and populations regional active monitoring activities. i. Migrant and seasonal farmworker support. Performance update should include status Partner with farmers, agriculture sector and of all projects listed. farmworker service organizations to develop and execute plans for testing,quarantine and isolation, and social service needs for migrant and seasonal farmworkers. A CtntPmPnr of Wnrk Page 4 of 7 Contract Number CLH31019 Payment Information Task Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount ii. Congregate care facilities: In collaboration with the state licensing agency(DSHS),support infection prevention assessments,testing. Infection control and isolation and quarantine protocols in congregate care facilities. iii. High risk businesses or community-based operations. In collaboration with state licensing agencies and Labor and Industries,partner with food processing and manufacturing businesses to ensure adequate practices to prevent COVID-19 exposure,conduct testing and respond to outbreaks. iv. Healthcare: Support infection prevention and control assessments,testing,cohorting, and isolation procedures. Provide educational resources to a variety of healthcare setting types (e.g.,nursing homes,hospitals, dental, dialysis). v. Non-healthcare settings that house vulnerable populations: In collaboration with state corrections agency(DOC)and other state partners, support testing, infection control, isolation and quarantine and social services and wraparound supports for individuals living or temporarily residing in congregate living settings, including detention centers,prisons,jails, transition housing,homeless shelters, and other vulnerable populations. vi. Schools:In collaboration with OSPI and local health jurisdictions,support infection prevention and control and outbreak response in K-12 and university school settings. f. Ensure adequate resources are directed towards 112A housing facilities within communities,fishing industries and long-term care facilities to prevent and control disease transmission.Funds can be used to hire support staff,provide incentives or facility-based funding for onsite infection prevention efforts,etc. g. Community education. Work with Tribes and partners to provide culturally and linguistically responsive community outreach and education related to COVID- 19. c..,ro, -f of Wnrlr Page 5 of 7 Contract Number CLH31019 Deliverables/Outcomes Due Date/Time Frame Payment Information Task Activity and/or Amount h. Establish sustainable isolation and quarantine measures. i. Have at least one(1)location identified and Quarterly performance updates to include confirmed through contract/formal agreement that name,address and capacity of identified can support isolation and quarantine adequate to location that can support isolation and the population for your jurisdiction with the quarantine,and confirmation of ability to expand;alternatively,establish with an appropriate planning and coordination as adjacent jurisdiction a formal agreement to required. provide the isolation and quarantine capacity adequate to the population for your jurisdiction with the ability to expand. ii. Maintain ongoing census data for isolation and Report census numbers to include historic quarantine for your population. total by month and monthly total for iii. Planning must incorporate transfer or receipt of current quarter to date isolation and quarantine patients to from adjacent jurisdictions or state facilities in the event of localized increased need. Planning must incorporate triggers and coordination to request state isolation and quarantine support either through mobile teams or the state facility to include site identification and access DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to financeaa doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System (DUNS®)number. Information about the LHJ and this statement of work will be made available on USASnending.gov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc.) CDC Funding Regulations and Policies:hMs//www cdc gov/grants/docwnents/General-Terms-and-Conditions-Non-Research-Awards.ndf Monitoring Visits(frequency,type) The DOH program contact may conduct monitoring visits during the life of this project.The type,duration,and timing of visit will be determined and scheduled in cooperation with the subawardee.The DOH Fiscal Monitoring Unit may conduct fiscal monitoring site visits during the life of this project All work will be performed in accordance with the revised and approved project plans to be submitted to DOH. V-U4U4'+ A c+.+>, .,t of Wnrlr Page 6 of 7 Contract Number CLH31019 Special Billing Requirements f an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of Payment: Upon approval of deliverables and receipt o the budget will not be accepted or approved. Submission of Invoice Vouchers: The LHJ shall submit correct monthly A19-IA invoice vouchers for amounts billable under this statement of work to DOH by the 25th of the following month or on a frequency no less often than quarterly. Other: Required activities,deliverables,and funding is for the entire project period:January 2021 through specified date above. Unspent funds and tasks not completed by December 31,2021 were reauthorized for work in this new consolidated contract term beginning January 1,2022. It is the LHJ's responsibility to assure that the unspent funding amount carried forward to this statement of work does not exceed the remaining available balance from the 2018-2021 contract. Fxh;hit A_ Statement of Work Page 7 of 7 Contract Number CLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: ELC COVID-19-Effective Januar�1 2022 Local Health Jurisdiction Name: Mason County Public Health Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ® Federal Subrecipient (check if applicable) ®Reimbursement ❑ State ®FFATA(Transparency Act) ❑ Fixed Price Period of Performance: January 1.2022 through April 22 2022 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work is to build and strengthen epidemiology,laboratory and health information systems capacity in local health jurisdictions.The funding allocation is the estimated carryforward amount. Revision Purpose: N/A Allocation Master Assistance BARS LHJ Funding Period Change Total Index Listing Revenue Current DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY19 COVID CARES 1891029B 93.323 333.93.32 01/01/22 04/22/22 0 65,595 65,595 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 0 65,595 65,595 Due Payment Task Activity Deliverables/Outcomes Date/Time Information and/or # Frame Amount 1 Establish a spending plan and staffing proposal to support the work of COVID-19 case investigation Submit spending plan August 15, Payment for all and contact tracing. The spending plan and staffing proposal should include proposed positions and and staffing proposal 2020—update tasks will be define roles. summary to the DOH if necessary reimbursement for Contract Manager. actual expenses up 2 Hire,orient and/or train staff based on the negotiated staffing proposal.Develop a training plan in Staff summary and September 30, to the maximum consultation with DOH that is consistent with the DOH COVID-19 guideline.Training plan will be training plan 2020 available within the flexible depending on staff experience and based on for onboarding into new systems. finding periods for 3 Conduct case investigations,contact tracing and monitoring in accordance with DOH COVID-19 Data collected and Daily each source Infection Reporting and Surveillance Guidelines(DOH 420-107),Appendix 1:Case and Contact reported into DOH described in the Investigation,pages 16-21:hos•//www doh wa.2ov/Portals/l/Documents/5100/420-107-Guideline- systems Funding Table COVID-19. df above. Exhibit A, Statement of Work Page 1 of 2 Contract Number CLH31019 Temnlate September 2021 DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW,or any other finance-related inquiry,may be sent to finance(a)doh.wa.gov. Federal Fundinp,Accountability and Transparency Act(FFATA) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Restrictions on Funds(what funds can be used for which activities,not direct payments,etc) CDC Funding Regulations and Policies https•//www cdc gov/arants/documents/General-Terms-and-Conditions-Non-Research-Awards.pdf Monitoring Visits(frequency,type) The DOH program contact may conduct monitoring visits during the life of this project.The type,duration,and timing of visit will be determined and scheduled in cooperation with the subawardee. The DOH Fiscal Monitoring Unit may conduct fiscal monitoring site visits during the life of this project Program Specific Requirements/Narrative All work will be performed in accordance with the revised and approved project plans to be submitted to DOH. Special Billing Requirements Payment: Upon approval of deliverables and receipt of an invoice voucher,DOH will reimburse for actual allowable costs incurred. Billings for services on a monthly fraction of the budget will not be accepted or approved. Submission of Invoice Vouchers: The LHJ shall submit correct monthly A19-1A invoice vouchers for amounts billable under this statement of work to DOH by the 25th of the following month or on a frequency no less often than quarterly. Other: Required activities,deliverables,and funding is for the entire project period:June 1,2020 through April 22,2022. Unspent funds and tasks not completed by December 31,2021 were reauthorized for work in this new consolidated contract term beginning January 1,2022. It is the LHJ's responsibility to assure that the unspent funding amount carried forward to this statement of work does not exceed the remaining available balance from the 2018-2021 contract. Exhibit A, Statement of Work Page 2 of 2 Contract Number CLH31019 Temnlate Sentember 2021 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Emergency Preparedness Resilience &Response - Local Health Jurisdiction Name: Mason County Public Health PHEP-Effective January 1.2022 Contract Number: CLH31019 SOW Type: Dial Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ® Federal Subrecipient (check if applicable) ® Reimbursement El State 0 FFATA (Transparency Act) ❑ Fixed Price Period of Performance: January 1,2022 through June 30.2022 ❑ Other ❑ Research&Development Statement of Work Purpose: The purpose of this statement of work is to establish funding and tasks to support and sustain LHJ public health emergency preparedness as part of statewide public health emergency preparedness,resilience and response. Revision Purpose: NA Master Assistance BARS Allocation Index Listing Revenue LHJ Funding Period Current Change Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation FFY21 PHEP BP3 LHJ Funding 31102380 93.069 333.93.06 01/01/22 06/30/22 0 34,459 34,459 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EToT� S 0 34,459 34,459 Deliverables/Outcom Due Date/Time Payment Task ActivityInformation # es Frame and/or Amount 1 Across Domains and Capabilities End-o f-yea r report on June 30,2022 Reimbursement template provided by for actual costs Complete reporting templates as requested by DOH to comply with program and federalgrant DOH. not to exceed requirements,including mid-year and end-of-yearreports. totalfunding Additional reporting consideration maybe required if amount. federa 1 requirements change. 2 Across Domains and Capabilities Submit any changes to Within 30 days of contact information the change. (submitted in 2021) Exhibit A,Statement of Work Page 1 of 7 Contract NumberCLH31019 Temnlnte Rentember2021 Task Deliverables/Outcom Due Date/Time Payment Activity es Frame Information # and/or Amount 2.1 Submit names,position titles, email addresses and phone numbers of key LHJ staff responsible within 30 days of the for this statement of work,including management,Emergency Response Coordinator,and change. June 30,2022 accounting and/or financial staff. End-of-yearreport on 2.2 Submit emergency contactstobepublished in the confidentialYellow Book,including butnot template provided by limited to Administrator,Health Officer,and Emergency Response Coordinator.For each contact DOH. Note any include name,role,email,daytime phone number and after-hours phone number. changes or no change. 3 Across Domains and Capabilities DOH will maintain Upon request documentation of site from DOH. Participate in a site visit with DOH staff to discuss LHJ response capabilities,upon request from visit participation. DOH. Site visit may be held virtually due to pandernic restrictions. 4 Across Domains and Capabilities provided using template Upon request provided by DOH. from DOH. Develop a budget demonstratinghow the LHJ plans to spend funds during this period of performance,using a budget template provided by DOH. Note:20%of the LHJ's annual allocation will be withheld until this requirement is met.Failure to meet this requirement may result in DOH redirecting funds from the LHJ. 5 Across Domains and Capabilities End-of-yearreport on June 30,2022 template provided by Review and provide input to DOH on public health emergency preparedness plans developed by DOH. DOH, upon request from DOH. Input provided to DOH upon request from DOH. 6 Domain 1 Community Resilience End-of-yearreport on June 30,2022 Capability 1 Community Preparedness template provided by DOH. Participate in emergency preparedness events(for example,trainings,meetings,conference calls,and conferences)to advance LHJ,regional, or statewide public health preparedness. Documentation of training available upon request. 7 Across Domains and Capabilities End-of-year report on June 30,2022 template provided by DOH/EPR anticipates many changes in the next months to years as we incorporate lessons learned DOH. Note training from the COVID-19 response.In preparation forthese changes,the LHJ may use PHEP funding to and briefly describe participate in training and/or lea ming discussions in the following areas: key learning and any ., Adaptive Leadership resulting changes in Change Management practice and/orpolicy. Trauma-Informed Change Management Page 2 of 7 Contract Number CLH31019 Exhibit A,Statement of Work Te..,,.1�4A Contomhar7(171 Deliverables/Outcom Due Date/Time payment Task Activity Information # tY es Frame and/or Amount • Outward Mindset • Growth Mindset • RacialEquityand/or Social Justice • Community Resilience • Related topics—prior approval from EPR required. Note:Prior approvalfrornDOH/EPR is required for any out-of-state travel. 8 Domain 1 Community Resilience End-of-yearreport on June 30,2022 Capability 1 Community Preparedness template provided by Connect with new and/or existing partners in order to develop working relationships that promote DOH. Briefly describe capabilities,capacity and community resilience, including, but not limited to: connections,lessons • Local and/orregional Emergency Manager(s). learned,and any • Local and/orregional hospitals. changesmade. • Local and/orregional elected officials. • Local and/orre ional organizationsthatwork with vulnerable populations. End-of-year report on June 30,2022 9 Domain 2 Incident Management Capability 3 Emergency Operations Coordination-Training &Exercise template provided by DOH. Based on availability of training, participate in at least one FoundationalPublicHealthEmergency Preparedness Training provided by region, DOH, DOH-contracted partner,or DOH-approved trainer in person or via webinar. Notes: • This is one or more specific trainings coordinated by DOH. DOH will work with LHJ to implement. • Participation in an activation,exercise or real-world eventmay be considered additiona I training, but does not take the place of the requirement to participate in at least one training as described above. Participation in IPPW As requested by 10 Domain 2 Incident Management Capability 3 Emergency Operations Coordination-Training &Exercise unless cancelled. DOH. Participate in Integrated Preparedness Planning Workshop(IPPW) unless cancelled.The Workshop is planned for January 2022. End-of-yearreport on June 30,2022 11 Domain Incident Management Capability 3 Emergency Operations Coordination template provided by DOH. Indicate that this 11.1 Provide immediate notification to DOH Duty Officer at360-888-0838 orhanalert,Qadoh.wa.ggv_ was done or that no for all response incidents involving use of emergency response plans and/orincident command response incident structures. occurred. 11.2 Produce andprovide situation reports(sitreps) documenting LHJ activity during all incidents. 11.1 Notification to Sitrep maybe developed by the LHJ or another jurisdiction that includes input from LHJ. I DOH Duty Officer Exhibit A,Statement of Work Page 3 of 7 Contract NumberCLH31019 �'e.....t�re Ce..to.nhPr7l17 7 Task Deliverables/Outcom Due Date/Time Payment Activity es Frame Information # and/or Amount within 60 minutes of activation. 11.2 Sitreps submitted to DOH Duty Officer 12 Domain 2 Incident Management End-of-yea r report on June 30,2022 Capability 3 Emergency Operations Coordination template provided by DOH. Briefly describe Complete or participate in After Action Reports(AARs) after each incident or exercise. key lessons learned and changes made Note: An AAR may be completed part-way through an extended response,for example,COVID-1 9. and/orplanned—or note that no AARs were completed. Submit AAR(s). 13 Domain Incident Management End-of-year report on June 30,2022 Capability 3 Emergency Operations Coordination template provided by DOH. Briefly describe Convene a county Emergency Support Function(ESF) 8 AAR for COVID-19. Participants include, key lessons learned but not limited to: and changes made • Local Health Officer and/orplanned.Submit • Public Health Official(s) AAR(s). • Emergency Manager • Regional Health Care Coalition • Local and regional hospitals • Federally Qualified Health Center(s) if they are in your county • Accountable Community of Health • Emergency Medical Services Medical Program Director • County Coroner or Medical Examiner Notes:Follow Homeland Security Exercise and Evaluation Program(HSEEP) guidelines for process and documentation. • Include name,title, and organization of each participant in documentation(AAR). • Outreach may need to be conducted to gather input from entities not able to participate in an AAR meeting. • This may be completed part-way through the COVID-19 response This AAR may be used to meet therequirement above as well Task#12). 14 End-of-year report on June 30,2022 Domain 3 Information Management Capability Emergency Public Information and Warning-Communication template provided by DOH. Exhibit A,Statement of Work Page 4 of 7 Contract NumberCLH31019 TP 6tPQPntPmNP.r?0?..I Deliverables/Outcom Due Date/Time Payment Task Activity es Frame Information # and/or Amount 14.1 Participate in Monthly Public Health CommunicatorCall/Webinarby joining call/webinar and/orfollowing information on the public health communicator online collaborative workspace(e.g. 14.3 and 14.4 Hotwash Basecamp). 14.2 Participate in at least one risk communication drill offered by DOH between July 1,2021 and or After Action June 30,2022.Drill will occur via webinar,phone and email.DOH will offer one in July 1 — Review(AAR) OR December 31,2021 and one drill between January 1—June 30,2022. summary of communication 14.3 Conduct a hot wash evaluating LHJ participation in the drill. activities and one sample. 14.4 Identifyingand implementing communication strategies in real world incident will satisfy need to participate in drill. Conduct hot wash or After Action Review (AAR) evaluating LHJ participation in communication strategies during the incident. If,the real-world event response is ongoing,LHJ may opt to conduct a hot wash or AAR evaluating communication strategies to date OR include a summary of communication activities in mid-year and/orend-ofyearreports and one sample of communication. Note: Participation in a real-world event may meet the requirement for 14.2, 14.3 and 14.4. 15 Domain 3 Information Management Capability 6 Information Sharing End-of-year report on 15.1 Maintain Washington Secure Electronic Communications,Urgent Response and Exchange template provided by June 30,2022 System(WASECURES) as primary notification system. DOH. 15.2 Participate in DOH-led notification drills. 15.3 Conduct at least one LHJ drill using LHJ-preferred staff notification system. Notes: • Registered users must login quarterly at a minimum. • DOH will provide technical assistance to LHJs on using WASECURES. • LHJ may choose to use another notification system in addition to WASECURES to alert staff during incidents. 16 Domain 3 Information Management ProvideEEIsupon Upon request. Capability 6 Information Sharing request. June 30,2022 Provide Essential Elements of Information(EEIs)during incident response upon request from DOH. Note in end-of-year report that EEIs were Note: DOH will request specific data elements from the LHJ during an incident response,as needed provided or none were to inform decision makingby DOH and state leaders,as well as federal partnerswhen requested. I requested. Exhibit A,Statement of Work Page 5 of 7 Contract NumberCLH31019 Tamnlnte Rentem her 2021 Deliverables/Outcom Due Date/Time Payment Task Activity Information # es Frame and/or Amount 17 Domain 4 Countermeasures and Mitigation End-of-yearreport on June 30,2022 Capability Medical Countermeasures Dispensing template provided by Capability 9 Medical Countermeasures Management and Distribution DOH. Update and maintain Medical Countermeasure(MCM)Plans for LHJ and/orRegion. If there is a regional plan,provide input to the RERC. Notes: a MCM plans include numberof local distribution sites and numberforwhich a detailed point-to- U dated MCM lan point distribution plan from RSS to distribution site has been jointly confirmed by LHJ and DOH. p p a MCM plans include numberof local points of dispensing (PODs) and numberforwhich adetailed point-to-point distribution plan from local distribution site to dispensing site has been jointly confinnedby LHJ and POD operator(nursing home,local agency,public POD, and independent pharmacy). • LHJs are not required to maintain a hub.LHJs may partnerwith other organizations to centralize distribution.If LHJs opt to maintain a hub,this shoukibe included in the MCM plan. • DOH will provide technical assistance to LHJs on core elements of an MCM plan. 18 Domain 5 Surge Management End-of-year report on June 30,2022 Capability 10 Medical Surge template provided by DOH. Engagement with regional Health Care Coalition(HCC) Participate in: - Health Care Coalition(HCC)district meetings and/orinfonn RERC of jurisdictional input (district meetings can be attended via webinar or in person),as requested by HCC Lead and deemed appropriate by LHJ. - Information sharingprocess during incidents and at least one planning process or exercise conducted to inform on the roles and responsibilities ofpublic health. - Development of Disaster Clinical Advisory Committee(DCAC) meetings as appropriate. May include identifying local clinical participants,attending meetings via webinar and reviewing planning efforts. - Reviewing HCC plans for aliximent with local ESF8 plans. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry,maybe sent to financeaa.doh.wa.gov. Federal Funding Accountability and Transparency Act(FFATA) (Applies to federal subrecipient funding.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Trans parency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Univers al Numbering System(DUNS®) number. Information about the LHJ and this statement of work will be made available on USA&ending.=by DOH as required by P.L. 109-282. Exhibit A,Statement of Work Page 6 of 7 Contract NumberCLH31019 Template September2021 Special Requirements: Any subcontract/s must be approved by DOH prior to executing the contract/s. Submit deliverables to the Emergency Preparedness,Resilience &Response ConCon deliverables mailbox at concondeliverablesa doh wa ¢ov unless otherwise specified. Restrictions on Funds (i.e.,disallowed expenses or activities,indirect costs,etc.): Please reference the Code of Federal Regulations: htiRs://www.ecfr.&Qvlcei-bin/reuieveECFR?SD=l&SID=5 8ffddb53 63a 27f26e9d 12ccec46254 &t =HTML&h=L&mc=true&i=PART&n— t2.1.200#se2.1.200 1439 Exhibit A,Statement of Work Page 7 of 7 Contract NumberCLH31019 Template September2021 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Lnj=&Violence Prevention Overdose Data.to Local Health Jurisdiction Name: Mason CopM Public Health Action-Effective September 1,2021 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) ® Reimbursement ❑ State ®FFATA(Transparency Act) ❑ Fixed Price Period of Performance: January 1,2022 through August 31,2022 ❑Other ❑ Research&Development Statement of Work Purpose: Mason County Public Health(MCPH)will support strategies 5,6,and 7.MCPH will collaborate and coordinate among public health partners to establish seamless linkages to care via"warm hand-offs"between the various entities.MCPH will use existing partnerships and systems to engage the community,including emergency medical services,emergency departments,jails,public safety,mental health and substance use treatment providers, diversion programs,courts,and syringe exchange. It will build both client and agency awareness of existing resources,enhance those resources,and deploy technology to facilitate successful care linkage and coordination. Note:Deliverable due dates prior to January 1,2022 in this statement of work are for reference only and were included in the 2018-2021 contract. Revision Purpose: N/A **IMPORTANT: It is inherent on the LHJ to have awareness of their respective l/l/2022 carry-forward balance(s)based on expenditures through 12/31/2021 for continuing statements of work(SOWs). The funding for this 2022-2024 contract SOW is to be determined(TBD)and currently shows"None"in the funding table—intended as a placeholder only. The total allocation of$58,630 was awarded in the 2018-2021 SOW and will be adjusted and added in the next 2022-2024 amendment cycle based on the actual amount of unspent funds after closeout of the current contract ending 12/31/2021. Master Assistance BARS Allocation Change Index Listing Revenue LHJ Funding Period Current g Total DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation FFY21 OVERDOSE DATA TO ACTION PREV 77520271 93.136 333.93.13 01/01/22 08/31/22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S 0 0 0 TOTAL Task Deliverables/Outcomes Due Date/Time Frame Payment Information # F Activity and/or Amount 1 Strategy 5:Collect and analyze opioid response plan data. Progress Report:Report data,findings and Quarterly progress reports Monthly invoices for Conduct continuous quality improvement on the opioid analysis.Demonstrate how data informs to DOH for all tasks. actual cost reimbursement response plan and system.Data is collected on all response Mason County linkages to care and opioid will be submitted to activities in Mason County.This includes outreach events, response plan activities.Demonstrate how Due Dates: DOH. trainin s naloxone distribution overdosesprovider reports etc. Exhibit A, Statement of Work Page 1 of 3 Contract Number CLH31019 Task Payment Information Activity Deliverables/Outcomes Due Date/Time Frame and/or Amount This data is utilized to inform quality improvement for the work aligns with Overdose Data to Action September-November due Total of all invoices will community referral and linkage system. (OD2A)logic model. December 10,2021. not exceed$50,000 December-February due September 1,2021 - 2 Strategy 6: Conduct continuous community education on Progress report:list training dates, March 10,2022. August 31,2022. opioid and other substance use risks and treatment resources locations,attendance and objective of March-May due June 10, through group and individual trainings,outreach activities at trainings;lessons learned and successes 2022. (See Special Billing transit center,shelters,jail,syringe exchange,mobile outreach, with outreach,education and linkages to June-August final report Requirements below.) Quick Response Team,to link individuals to care. care.Are there procedures or policies that for this funding period due MCPH has developed?Demonstrate how September 30,2022. work aligns with OD2A logic model. 3 Strategy 7:Facilitate academic detailing opportunities for Progress report:list opportunities,#of primary care providers on safe opioid prescribing,overdose trainings,outcomes,changes in prevention and buprenorphine-based medication-assisted prescribing and any new waivered treatment(MAT).Academic detailing will also include prescribers as an outcome of these education on hepatitis C virus(HCV)treatment or other drug opportunities. Demonstrate how work user health complications. aligns with OD2A logic model. 4 Participate in quarterly calls with DOH and grant partners. Collaboration with grant partners and Share lessons learned and successes.More frequent one on one DOH to improve statewide efforts to calls with DOH when needed. address the opioid/all drug epidemic. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to finance ldoh.wa.gov. Federal Fundina Accountability and Transparency Act(FFATA)(Applies to federal grant awards.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpendine.gov by DOH as required by P.L. 109-282. ProLrram Specific Requirements Restrictions on Funds: • Subrecipients may not use funds for research. • Subrecipients may not use funds for clinical care except as allowed by law. • Subrecipients may use funds only for reasonable program purposes,including personnel,travel,supplies,and services. • Generally,subrecipients may not use funds to purchase furniture or equipment. • No funds may be used for: o Publicity or propaganda purposes,for the preparation,distribution,or use of any material designed to support or defeat the enactment of legislation before any legislative body the salary or expenses of any grant or contract recipient,or agent acting for such recipient,related to any activity designed to influence the enactment of legislation,appropriations,regulation,administrative action,or Executive order proposed or pending before any legislative body. Exhibit A, Statement of Work Page 2 of 3 Contract Number CLH31019 o In accordance with the United States Protecting Life in Global Health Assistance policy,all non-governmental organization(NGO)applicants acknowledge that foreign NGOs that receive funds provided through this award,either as a prime recipient or subrecipient,are strictly prohibited,regardless of the source of funds, from performing abortions as a method of family planning or engaging in any activity that promotes abortion as a method of family planning,or to provide financial support to any other foreign non-governmental organization that conducts such activities. See Additional Requirement(AR)35 for applicability (hos://www.cdc.gov/grants/additionalrequirements/ar-35.html - o Program funds cannot be used for purchasing naloxone,implementing or expanding drug"take back"programs or other drug disposal programs(e.g. drop boxes or disposal bags),or directly funding or expanding direct provision of substance abuse treatment programs. Such activities are outside the scope of this Notice of Funding Opportunity(NOFO). Monitoring Visits: DOH program staff may conduct site visits up to twice per funding year. Billing Requirements: Billing on an A19-1A invoice voucher must be received by DOH monthly. A new consolidated contract will begin Jan. 1,2022 with funds left from this contract. Special Instructions: The following funding statement must be used for media(publications,presentations,manuscripts,posters,etc.)created using OD2A funding: This publication(journal article,etc.)was supported by the Grant or Cooperative Agreement Number,NU17CE925007,funded by the Centers for Disease Control and Prevention. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention or the Department of Health and Human Services. Other:These funds are a continuation of contract CLH18253.No new funds were added to original total.A March 2022 amendment will be created to consolidate unspent funds from the previous OD2A contract with this contract. Exhibit A, Statement of Work Page 3 of 3 Contract Number CLH31019 Exhibit A Statement of Work Contract Term: 2022-2024 DOH Program Name or Title: Office of Immunization Perinatal Hepatitis B- Local Health Jurisdiction Name: Mason County Public Health Effective January 1.2022 Contract Number: CLH31019 SOW Type: Original Revision#(for this SOW) Funding Source Federal Compliance Type of Payment ®Federal Subrecipient (check if applicable) ®Reimbursement ❑ State ®FFATA(Transparency Act) ❑Fixed Price Period of Performance: January 1, 2022 through June 30,2022 ❑ Other ❑Research&Development Statement of Work Purpose: The purpose of this statement of work(SOW)is to define required Perinatal Hepatitis B activities,deliverables,and funding. Revision Pur 3ose: N/A **IMPORTANT: It is inherent on the LHJ to have awareness of their respective l/l/2022 carry-forward balance(s)based on expenditures through 12/31/2021 for continuing statements of work. The funding for this 2022-2024 contract statement of work(SOW)is to be determined(TBD)and currently shows"None"in the funding table—intended as a placeholder only. The total allocation was obligated in the 2018-2021 contract SOW and will be adjusted and added in the next 2022-2024 amendment cycle based on the actual amount of unspent funds after closeout of the contract ending 12/31/2021. Allocation Master Assistance BARS LHJ Funding Period Current Change Total Index Listing Revenue Allocation None Allocation DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date FY22 PPHF Ops 74310216 93.268 333.93.26 01/01/22 06/30/22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS Task Deliverables/Outcomes Due Date/Time Payment Information Activity Frame and/or Amount 1. In coordination with hospitals,health care providers,and health plans(if applicable), Enter information for each By the last day Reimbursement for conduct activities to prevent perinatal hepatitis B infection in accordance with the case identified into the of each month actual costs incurred, Perinatal Hepatitis B Prevention Program Guidelines,including the following: Perinatal Hepatitis B not to exceed total • Identification of hepatitis B surface antigen(HBsAG)-positive pregnant women and module of the Washington funding consideration pregnant women with unknown HBsAg status. Immunization Information amount. • Reporting of HBsAg-positive women and their infants. System • Case management for infants born to HBsAg-positive women to ensure administration of hepatitis B immune globulin HBIG and hepatitis B vaccine within Exhibit A, Statement of Work Page 1 of 2 Contract Number CLH31019 Template September 2021 Task Deliverables/Outcomes Due Date/Time. Payment Information Activity Frame and/or Amount 12 hours of birth,the completion of the 3-dose hepatitis B vaccine series,and post vaccination serologic testing. 2. Provide technical assistance to birthing hospitals to encourage administration of the hepatitis B birth dose to all newborns within 12 hours of birth,in accordance with Advisory Committee on Immunization Practices(ACID)recommendations. 3. Report all perinatal hepatitis B investigations,including HBsAg-positive infants,in the Perinatal Hepatitis B Module of the Washington State Immunization Information System. DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site.Questions related to this SOW,or any other finance-related inquiry,may be sent to financenadoh.wa.gov. Federal Fundine Accountability and Transparency Act(FFATA)(Applies to federal subrecipient funding.) This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act(FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent. To comply with this act and be eligible to perform the activities in this statement of work,the LHJ must have a Data Universal Numbering System(DUNS®)number. Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282. Program Specific Requirements Tasks in this statement of work may not be subcontracted without prior written approval from the Office of Immunization. Exhibit A, Statement of Work Page 2 of 2 Contract Number CLH31019 Template September 2021 EXHIBIT B-2 19 Mason County Public Health ALLOCATIONS Contract Number: CLH310 Date: February 1,2022 Contract Term:2022-2024 Indirect Rate as of January 1,2022:12.03% DOH Use Only BARS Statement of Work Chart of Accounts Funding Chart of Federal Award Assist Revenue LHJ Funding Period Funding Period Period Accounts Chart of Accounts Program Title Identification# Amend# List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total FFY21 PHEP BP3 LHJ Funding NU90TP922043 Amd 2 93.069 333.93.06 01/01/22 06/30/22 07/01/21 06/30/22 $34,459 $34,459 $34,459 COVID19 Vaccines R4 NH23IP922619 Amd 1 93.268 333.93.26 01/01/22 06/30/24 07/01/20 06/30/24 $354,803 $354,803 $354,803 FFY19 COVID CARES NU50CK000515 Amd 2 93.323 333.93.32 01/01/22 04/22/22 04/23/20 07/31/24 $65,595 $65,595 $65,595 FFY 19 ELC COVID Ed LHJ Allocation NU50CK000515 Amd 2 93.323 333.93.32 01/01/22 10/18/22 05/19/20 10/18/22 $243,027 $243,027 $243,027 FFY20 ELC EDE LHJ Allocation NU50CK000515 Amd 2 93.323 333.93.32 01/01/22 12/31/22 01/15/21 07/31/24 $894,854 $894,854 $894,854 FFY22 MCHBG LHJ Contracts B0445251 Amd 1 93.994 333.93.99 01/01/22 09/30/22 10/01/21 09/30/22 $50,770 $50,770 $50,770 GFS-Group B(FO-SW) Amd I N/A 334.04.90 01/01/22 06/30/22 07/01/21 06/30/22 $6,469 $6,469 $6,469 Rec Shellfish/Biotoxin Amd 1 N/A 334.04.93 01/01/22 06/30/23 07/01/21 06/30/23 $5,250 $5,250 $5,250 Wastewater Management-GFS Amd I N/A 334.04.93 07/01/22 06/30/23 07/01/21 06/30/23 $60,000 $60,000 $75,000 Wastewater Management-GFS Amd I N/A 334.04.93 07/01/22 06/30/23 07/01/21 06/30/23 $15,000 $15,000 FPHS-LHJ-Proviso(YR2) Amd I N/A 336.04.25 07/01/22 06/30/23 07/01/21 06/30/23 $761,000 $761,000 $1,522,000 FPHS-LHJ-Proviso(YR1) Amd 1 N/A 336.04.25 01/01/22 06/30/22 07/01/21 06/30/23 $761,000 $761,000 YR24 SRF-Local Asst(15%)(FO-SW)SS Amd 1 N/A 346.26.64 01/01/22 12/31/22 07/01/21 06/30/23 $11,000 $11,000 $11,000 Sanitary Survey Fees(FO-SW)SS-State Amd I N/A 346.26.65 01/01/22 12/31/22 07/01/21 06/30/23 $11,000 $11,000 $11,000 YR24 SRF-Local Asst(15%)(FO-SW)TA Amd 1 N/A 346.26.66 01/01/22 12/31/22 07/01/21 06/30/23 $1,000 $1,000 $1,000 $3,275,227 $3,275,227 TOTAL GRAND TOTAL $3,275,227 Total consideration: $2,037,292 $1,237,935 Total Fed $1,643,508 GRAND TOTAL $3,275,227 Total State $1,631,719 *Catalog of Federal Domestic Assistance **Federal revenue codes begin with"333". State revenue codes begin with"334". Pagel of 1 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Lisa Frazier Action Agenda: _X_ Public Hearing: Other: Department: Treasurer Ext: 484 Date: 3/15/2022 Agenda Item # Commissioner staff to complete) Briefing Date: Briefing Presented By: [ X ] Item was not previously briefed with the Board Briefing took place during the Finance Committee Meeting 3/1/2022 Item: Resolution — County Held Registered Warrant Policy & Procedures — Amending Resolution #100-16 Background: The Finance Committee met March 111, 2022 to discuss, review and update the registered warrant policy and procedures that are an authorized investment under the County Investment Policy. The update to the policy and procedures was approved by the Finance Committee. The Finance Committee respectfully requests additional approval from the County Board of Commissioners. Budget Impact(s): None Recommended Action: Approval of Resolution accepting the recommendation of the County Finance Committee to approve the updated 'County Held Registered Warrants Policy & Procedures as attached. Attachment(s): Resolution Amending 100-16 RESOLUTION# COUNTY HELD REGISTERED WARRANT POLICY&PROCEDURES AMENDING RESOLUTION#100-16 WHEREAS,Mason County recognizes that it is fiscally responsible to define policy and procedures for the use and approval of Registered Warrants as an approved Investment option as delineated in the Approved Mason County Investment Policy and, WHEREAS,the Mason County Finance Committee has reviewed,updated and approved the policy and procedures for county held registered warrants as shown in Exhibit"A"on March 1,2022. NOW THEREFORE,BE IT RESOLVED that the Board of County Commissioners upon the recommendation of the Mason County Finance Committee hereby approve the updated"County Held Registered Warrants Policy and Procedures"as set out in Exhibit"A". Approved this day of March,2022. Mason County Board of Commissioners Kevin Shutty,Chair Randy Neatherlin,Commissioner Sharon Trask,Commissioner Attest: Mckenzie Smith,Clerk of the Board Approved as to form: Tim Whitehead,Chief Deputy Prosecuting Attorney EXHIBIT "A" COUNTY HELD REGISTERED WARRANTS Policy and Procedures Updated March 1, 2022 Whereas, the Mason County Investment Policy makes provision for investing in registered warrants, it is therefore prudent to set out the following Policy and Procedures: The Treasurer's Office will set a limit on the amount to be registered by each district based on the needs of taxing districts. The Treasurer will notify the Finance Committee via email or other communication within 24 hours when the amount of registered warrants exceeds $1,000,000.00 at any given time. The Treasurer will report to the Finance Committee at least quarterly the amount of registered warrants held as investments by the county. Registered Warrants will be held for 30 days from the date of issuance. The Treasurer has the authority to extend the 30 day redemption requirement only after reviewing such circumstances as laid out in writing by the county department/district and such extension meets the investment objectives of the county investment policy. The Treasurer will notify the Finance Committee via email or other communication within 24 hours if the Treasurer has extended the 30 day redemption requirement. All districts and county departments may participate—based on individual approval and available registered warrant investment balance. School districts should consider whether it is feasible to take an advance on their monthly apportionment. School Districts should contact the ESD before registering warrants --------------------------------------------------------------------------------------------------------------------- Issuing Registered Warrant Process 1. The district or county department issues a signed"Letter of Understanding for the Issuance of Registered Warrants and Promissory Note"to the county treasurer. Said Letter of Understanding must be signed by the District Board Chair or authorized representative. 2. Verify with the State Pool (LIGP) for the current interest rate and add 2% for the registered interest rate. 3. Write that interest rate on the"Letter of Understanding for the Issuance of Registered Warrants and Promissory Note". 4. Write a treasurer's check payable to the county treasurer and receipt using their transmittal form containing the fund and BARS #391.60, Anticipation Notes/Warrants. This is like an investment check, so in the description box in the checkbook it should say "TDC Registered Warrant Investment". This is not a remittance. 5. Create an entry in the investment ledger (i.e.: Registered Warrants). a. Enter in the Quickbooks Chart of accounts & MUNIS for TDC. There is a separate account number. b. Enter on the front of the cash sheet, as a deposit in"TDC Registered Warrants"line. c. Enter the investment information in the Registered Warrant Ledger(J Drive— Investment Folder). d. On the office calendar—at least one day prior to redemption date (28 —29 days from date of issuance)—note that Registered Warrant and Promissory Note needs to be redeemed on specified date (30 days from issuance. Redeeming Registered Warrant Process 6. Calculate the interest to be paid based on the Bank Method: "The annual interest rate will be computed on a 365/360 basis; this is, by applying the ration of the annual interest rate over a year of 360 days, multiplied by the outstanding warrant amount, multiplied by the actual number of days the registered warrant is outstanding 7. On the "Letter of Understanding" write the date of payment and "PAID" give a copy to the district or department. Original should be filed in the"Registered Warrants" file, in the Investment file cabinet. 8. For taxing districts create a miscellaneous receipt and remit the matured registered warrant amount and interest due from the districts appropriate fund. Write a Treasurer's check for the matured registered warrant amount and interest create a miscellaneous receipt for the interest only and deposit to the Treasurer's Current Expense Fund—BARS 361-10. (see #10 below "Mature the Investment") and enter on the cash sheet under"Interest"with the notation of Registered Warrant Interest and the district name. This is a remittance process, but a disbursement on the cash sheet. 9. a) For county departments, using the county payment remittance process, send a remittance request to the Auditor's Office. Upon approval create a miscellaneous receipt and remit the interest due from the appropriate county fund to the Treasurer's Current Expense—BARS 361-10 (this will be a zero receipt). b) For county departments, create invoice for interest using J/Registered Warrants/ Registered Warrant Interest Invoice. Then create the Payment Remittance form in J/Registered Warrants/Payment Remittance and follow procedure as noted on the payment remittance form. May need to have 48 hour advance notice waived. 10. Mature the investment: a. Enter on the front of the cash sheet for the matured investment. b. Enter on the back of the cash sheet as a deposit. c. Enter in the checkbook d. Mature the investment in the QuickBooks Chart of Accounts, MUNIS and the Registered Warrant Ledger(J Drive—Investment Folder). 11. If the registered warrant is redeemed early enter"PAID and the date" under the original entry following the process as listed above. 12. If a new registered warrant investment is done enter that under the new projected maturity date. 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: February 15, 2022 Agenda Item # Commissioner staff to com lete Briefing Date: February 7, 2022 Briefing Presented By: Mark Neary [ ] Item was not previously briefed with the Board Please provide an explanation of urgency Item Approval of the contract between Mason County and Mason County Fire District no. 11 for fire protection, emergency medical, inspections, and fire suppression services to the County's Public Works property/buildings located at 100 W Public Works Drive. Background: Mason County Commissioners authorized Public Works to sign a contract between Mason County and Mason County Fire District no. 11 on April 15, 2016 for fire protection and emergency medical services to the County's Public Works property/buildings off of Highway 101 which also included inspections and fire suppression services. That agreement ended at the end of 2019 and a new agreement was brought forward on September 22, 2020 that ended December 31, 2020 with the same cancellation process (a thirty-day written notice from either party) and service fee as the previous agreement. Recommended Action: Approval of the contract between Mason County and Mason County Fire District no. 11 for fire protection, emergency medical, inspections, and fire suppression services to the County's Public Works property/buildings located at 100 W Public Works Drive. Attachment(s): Agreement Mason County Public Works/Utilities and Waste Management Department Fire Protection Agreement This agreement is entered into between Mason County, Washington (the County) and Mason County Fire Protection District No. 11 hereafter referred to as "District' for services to the Mason County Public Works Department hereafter referred to as"Public Works". WHEREAS, the District is organized and equipped to provide fire protection and emergency medical services within and in the vicinity of its boundaries, and Public Works and the County desires that the District provide such services to its property located within those boundaries;and NOW THEREFORE, 1. The District shall provide fire suppression expertise,inspection,fire protection,and emergency medical services to the property owned by Public Works,through the County,lying within the boundaries of the District. 2. In consideration for receiving fire protection and emergency medical services, Public Works, through the County, shall pay the District in the amount of$6,400 for the period beginning January 1, 2022. The District will bill Public Works,through the County,the amount due under this agreement. 3. This agreement shall be effective January 1, 2022 and end December 31, 2022. Either the District or Public Works, through the County, may cancel this contract upon giving a 30-day written notice of intent to cancel. 4. This agreement is made pursuant to RCW 39.34.080. Public Works and the District shall each perform all services and carry out all responsibilities under the terms of this agreement as independent agencies and neither shall,by virtue of this agreement,be considered an agent or an agency of the other. 5. The District and Public Works shall indemnify and hold each other harmless from any loss, and from any causes of action,suite at law,equity,claims or damages,or for any liability of any nature due to the actions of the other arising from the operation of this contract. 6. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by all parties. Mason County Fire Protection District No. 11 Mason County,Washington Commissioner Chair Commissioner Commissioner Commissioner Commissioner Fire Chief Date Public Works Director Date Approved as to Form Tim Whitehead,Chief DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # g.�3 BRIEFING DATE: March 7, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: County Force Construction Projects - 2021 Notification of Final Costs as per Chapter 36.77 RCW BACKGROUND: RCW 36.77.070 requires advertisement in County newspaper of construction projects performed by county forces over $10k before projects initializes (brief description of work and engineers estimate of cost) and after completed (similar brief description of work with true and complete cost). The annual costs of projects performed in-house are limited by a set statute. Public Works is presenting to the Board a 'Notification of Final Costs" of county force construction projects completed during the previous year to meet the project completion advertising requirements. RECOMMENDED ACTION: Recommend the Board execute the "Notification of Final Cost" of County Road Construction projects completed in 2021 performed by county forces. ATTACHMENT: 1. Notification of Final Cost BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON NOTIFICATION OF FINAL COST COUNTY ROAD CONSTRUCTION—2021 BE IT HEREBY ORDERED,that the undersigned Board of County Commissioners of Mason County,Washington, gives official notification in conformance to RCW 36.77.070 of the actual construction expenditures for county force construction projects in Mason County for year 2021 where the estimated cost of the work exceeds$10,000. CRP# COUNTY ROAD NAME COUNTY FORCES PROJECT TOTAL DATE 2001 Homer Adams Road $413,009.94 $463,746.86 9/9/21 2024 Highland Road $288,827.09 $357,932.74 10/4/21 2035 Boyer Road $ 8,831.48 $ 11,207.22 7/7/21 2036 Snider Road $30,381.11 $ 33,264.21 6/7/21 ** Total County Forces Expenditures: S741,049.62 * The preliminary cost estimate,covering the above-named project(s)was formerly ordered on the indicated days,as provided by RCW 36.77.070. ** This figure satisfies the requirement of RCW 36.77.065.Mason County's 2021 County Forces Construction limit was$1,269,483.75. DATED this day of , 2022. BOARD OF COMMISSIONERS CERTIFIED BY: MASON COUNTY,WASHINGTON MIKE COLLINS,PE County Engineer KEVIN SHUTTY,Chair ATTEST: SHARON TRASK,Vice Chair MCKENZIE SMITH, Clerk of the Board RANDY NEATHERLIN, Commissioner APPROVE AS TO FORM TIM WHITEHEAD,Ch.DPA cc: Commissioners Finance JOURNAL: Publ.it:324/2022(Bill: Mason County Dept of Public Works) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/U&W Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # g. 14 BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Special Use Permit with WA State Department of Natural Resources BACKGROUND: On March 12, 2002, Mason County entered into a twenty (20) year Lease Agreement with DNR that permitted the County to construct and operate an irrigation system applying approximately 300,000 gallons of Class A reclaimed water per day from the North Bay Wastewater Treatment Plant (WWTP) onto DNR's forest land of leased area. The lease term expires March 31, 2022. At this time, Public Works would like to request the Board approve a new agreement that will continue the lease another twenty (20) years, April 1, 2022 to March 31, 2042 for the use of 50.33 acres of DNR's forest land. Rent for the period of April 1, 2022 through March 31, 2023 would be $9,267.27 with an annual 3% rent increase for each year after.This will be paid out of the U&W Management North Bay WWTP fund. RECOMMENDED ACTION: Recommend the Board of County Commissioner approve a new twenty (20) year Lease Agreement between WA State DNR and Mason County for the County to continue operating an irrigation system of Class A reclaimed water from North Bay Wastewater Treatment Plant on 50.33 acres of leased forest land. ATTACHMENTS: 1. Agreement MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/U&W Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # 5.15 BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Eells Hill Landfill Closure Monitoring Project BACKGROUND: In 2016 Parametrix completed a closure report for the Mason County Landfill (closed in 1993) that was submitted to Environmental Health and the Department of Ecology. The Department of Ecology required quarterly groundwater monitoring for the following two years, landfill gas monitoring, and another settlement survey of the landfill. The quarterly monitoring finished up in 2020 and the results were analyzed and incorporated into a final report which was submitted to Environmental Health and the Department of Ecology. Public Works has received comments from the final report from Mason County Environmental Health and would like to enter into an agreement with Parametrix, on an on-call basis, to address these comments and provide post-closure activity support. Maximum payout for Parametrix to provide post closure monitoring and on-call services is not to exceed $7,602.00. This will be paid out of the Landfill Closure Fund. RECOMMENDED ACTION: Recommend the Board authorize the Deputy Director/ Utilities and Waste Management to execute a contract with Parametrix to provide Post Closure Monitoring and On-Call Services for the Mason County Landfill. ATTACH M ENT: 1. Agreement MASON COUNTY AND PARAMETRIX PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Parametrix, referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Post Closure Monitoring and On-Call Post-Closure for Mason County Landfill; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Work and Fee Estimate," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start March 1, 2022 and end December 31 2022. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties. Compensation: The CONTRACT total value is not to exceed $7,602 unless amended by COUNTY and CONTRACTOR. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. 1 CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit B. Where Exhibit B requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit B, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit B or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"), COUNTY will not reimburse the CONTRACTOR for any costs or 2 expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit A. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. 3 Title VI Assurances: During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: 4 Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: 5 CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs" is available to research this information at http://epls.arnet.gov/. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. Any modification or reuse of such materials for purposes other than those intended by this CONTRACT shall be at COUNTY's sole risk and without liability to CONTRACTOR. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data, maps, as- builds, and reports prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents 6 or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Prior notice will be provided and the review may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT that is incorporated herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 7 Defense and Indemnity Contract: To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property which 1) are caused in whole or in part by any negligent or wrongful act or omission of CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with breach of this CONTRACT by CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; for the value of the CONTRACT or$1,000,000, whichever is less. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY, its employees or agents. In the event of the concurrent negligence of CONTRACTOR, its subcontractors, employees or agents, and COUNTY, its employees or agents, this indemnification obligation of CONTRACTOR shall be valid and enforceable only to the extent of the negligence of CONTRACTOR, its subcontractors, employees and agents. This indemnification obligation of CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Deputy Director/Utilities and Waste Management and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Richard Dickinson Deputy Director/Utilities and Waste Management Mason County Public Works 100 W. Public Works Drive Shelton,WA 98584 (360)427-9670 x652, rdickinsonamasoncountywa.us 8 CONTRACTOR's Primary Contact's Information: Lisa Gilbert Senior Hydrologist Parametrix 719 2nd Avenue, Suite 200 Seattle,WA 98104 203-394-3667 LGilbert .Parametrix.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. However, COUNTY will not terminate this CONTRACT for cause without providing CONTRACTOR written notice of the breach and a reasonable opportunity to cure. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. 9 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion that such termination is necessary due to a decrease in available project funding. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 10 Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within one (1) year after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than one (1) year prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY or CONTRACTOR to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 11 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Parametrix BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty, Chair Printed Name & Title Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 12 Parametrix Mr. Richard Dickinson ENGINEERING,PLANNING.ENVIRONMENTAL SCIENCES February 10, 2022 Page 2 EXHIBIT A—SCOPE OF WORK AND FEE ESTIMATE TASK 06 POST-CLOSURE ON-CALL SERVICES INTRODUCTION The Mason County Landfill closed in 1993, and the 20-year post-closure period has been completed in accordance with Chapter 173-304 WAC.WAC 173-304-407(8)(c)states that"If the jurisdictional health department finds that post-closure monitoring has established that the facility is stabilized (i.e. little or no settlement, gas production,or leachate generation),the health department may authorize the owner or operator to discontinue post-closure maintenance and monitoring activities."The work described in the plan is intended to supplement the Post-Closure Care Status Report prepared in 2020 that evaluated the stability of the Landfill in accordance with the Ecology guidance document"Preparing for Termination of Post-Closure Activities at Landfills Closed Under Chapter 173-304 WAC". A fee estimate by task is attached to further clarify the project requirements.This scope of work and budget assumes that the start date for this work will be February 14, 2022, and the completion date will be December 31, 2022. SCOPE OF WORK Subtask 01 Groundwater Addendum Objective Address the December 14,2021 comments provided by Mason County Environmental Health Department regarding groundwater monitoring related to exceedances of GWQS at points of compliance(POC): • Provide a supplement to the post-closure summary report April 2020 the following justifications and comments • For analyses that do not report results in accordance with GWQS methods: Comment on efforts to locate a lab that can provide analyses that met reporting and detection limits. • To support conclusions for contaminants with exceedances: Request to provide time series plots that compare values/trends for a single onalyte at POC with values for MW-4(upgradient). For example, time series plot of pH values for each downgradient well that exceeds MW-4 values(rather than all values for all wells on a single plot). Provide the same for private well(s)when available. Subtask 02 On-Call Consulting Objective Parametrix will provide consulting services as requested by Mason County to support post-closure activities.The services may include: • Assist in preparing for decommissioning the landfill gas flare and groundwater and landfill gas monitoring systems. Parame#rix Mr. Richard Dickinson ENGINEERING.PLANNING.ENVIRONMENTAL SCIENCES February 10, 2022 Page 3 • Attend meetings with the Mason County Environmental Health District(MCEHD)and the Department of Ecology(Ecology)to discuss the recommendations from the Post-Closure Status Report. Assumptions The services will be provided on a time-and-materials basis as requested by the County. EXHIBIT B COMPENSATION NOTE-include billing/invoice specifics. A. Compensation: CONTRACTOR will be compensated not more than $7,602 B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; number of hours being billed; invoice total; and any additional applicable information. 2. Submit via e-mail to: Richard Dickinson Deputy Director/Utilities and Waste Management Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360)427-9670 x652 rdickinson@masoncountywa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, 04/13Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse the Commercial General Liability and Business Auto coverages required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 04/13 and CG 20 37 04/13. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY, provided that any modifications or additions to the required coverages will require the approval of CONTRACTOR. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide redacted copies of any policies required within 20 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests at COUNTY's cost. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured. 10. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 11. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 12. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 13. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 14. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change, provided that CONTRACTOR's consent is required for any such change. If such change results in additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR will renegotiate CONTRACTOR's compensation. 15. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 16. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # 8.\U BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase of a Plate Compactor BACKGROUND: Mason County Department of Public Works would like to purchase one (1) plate compactor to use for soil and material compaction in trenching/ditching, road repairs and site preparation for road maintenance activities. The purchase would be from United Rentals out of Tumwater. WA, off Washington State Contract #2915 for a price of $12,639.17. The requested purchase is in 2022 Road Fund budget. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize Public Works to procure the plate compactor off of the Washington State Contract #2915 from United Rentals for $12,639.17. ATTACHMENTS: 1. Equipment Info. 2. United Rentals Equip. Sale Quote BOMAG FAYAT GROUP Reversible Vibratory Plates doom � J M pQpAN�y 21- INA'a fl i Fully closed hood for maxinwm protection and lower repair costs. BOMAG ECONOM12ER-An optional soil stiffness Indicator providing greater productivity and reduced machine wear. www.bomag.com/Us Technical Specifications Ht Shipping dimensions �.aAprry H in cubic feet(m') BPR45/55D 44.6 (1.26) BPR50/55D 44.6 (1.26) .._.w._.. BPR60/65D 44.6 (1.26) I, w'-' wa Standard Equipment-All Models Dimensions in inches(mm) H Hi L Li W Wi W: Fully closed engine protection hood BPR45/55D 31.1 (790) 31.5(800) 66.9(1700) 35.4(900) 17.7(450) 21.7(550) 29.5 (750) BPR50/55D 31.1 (790) 38.6(980) 66.9 0700) 35.4(900) 17.7(450) 21.7(550) 29.5(750) made of high strength steel BPR60/65D 31.1 (790) 38.6(980) 66.9(1700) 35.4(900) 17.7(450) 25.6(650) 29.5(750) Hydraulic travel lever adjustment Low vibration steering rod with four rubber supports Technical Data BO1b1AG BOMAG BOMAG BPR45/55D BPR50/55D BPR60/65D Height adjustable steering rod Weighs Steering rod lockable in transport Basic Operating Weight.................lbs(kg) 862(391) 875(397) 996(452) Operating Weight(W)..................Ibs(leg) 840(381) 851 (386) 961 (436) and working position Operating Weight(WI).................lbs(kg) 873(396) 884(401) 1005(456) Vibration and throttle regulation oat Operating Weight(W2).................lbs(kg) 908(412) 919(417) 1030(467) the steering rod Driving Characteristics Working speed inax............ft/min(in/min) 92(28) 92(28) 92(28) Highly wear resistant base plate with Max.gradeability(depending on soil conditions)......% 35 35 35 reinforced edges Drive Automatically adjusting V-belt pulley Engine manufacturer........................ Lombardini Harz Harz Type .................................... 15 LD 440 1B 40 1B 40 Fully protected V-belt Cooling.................................. air air air ................... Reinforced centrifugal clutch Number of c)4inders ........................ 1 1 1 Performance ISO 9249 ................hp(kW) 8.9(6.6) 9.1(6.8) 9.1 (6.8) L1 Large-volume dry air filter with Speed.................................... 3000 3000 3000 Drive system .............................. mcch. meth. meth. cyclone-type precleaner Fuel..................................... diesel diesel diesd Electric start with warning buzzer Vibratory System Recoil start with automatic Frequency .........................vpm(Hz) 4200(70) 3960(66) 3960(66) Centrifugal force .....................lbs(kN) 10116(45) 11240(50) 13489(60) decompression Multi-functional,foldable single Capacities Fuel.................................gal 0) 1.3(5) 1.3(5) 1.3(5) point lifting facility Ts&WcA modi6dons reserved.Machines nary 6e shown wish nf+d- Optional Equipment-All Models ❑ BOMAG Economizer ❑ Extension plates ❑ Vulcolan mat ❑ Hour meter ❑ Service kit BOMAGBOMAG Americas,Inc. 12000 Kenttviile Rd.-Kewanee,IL 61443 www.bomag.com/us FAYAT GROUP Tel:309 853-3571 •Fax:309 852-0350 69273,69277,69278 R2 B860H-3836 2bi0714TITPG ©United Rentals EQUIPMENT ESALE BRANCH 122 6070 B WAY SW # 202976497 TODIWATER TBR WA WA 98 98501-5229 360-786-8408 Customer # 771909 Quote Date 02/08/22 d PUBLIC WORKS 100 PUBLIC WORKS DR UR Job Loc : 100 PUBLIC WORKS DR, SHELTON WA 98584-9714 customer Job ID: 7 OP.O. # QUOTE h Office: 360-427-9670 Cell: 360-490-0861 Ordered By GARY ALBAUGH Written By TYLER DOLMAN Salesperson TYLER DOLMAN MASON COUNTY PUBLIC WORKS 100 PUBLIC WORKS DR SHELTON WA 98584-9714 This is not an invoice Please do not pay from this document x Qty Equipment #? Price Amount 1 1503810 CC: 150-3810 11649.00 11649.00 VIB PLATE REVERSIBLE 11000-13999# IMPACT Bomag SPR 60/65 D/E Lead Time March 2022 WA State Contract #2915 Sub-total: 11649.00 Tax: 990.17 Total: 12639.17 CONTACT: GARY ALBAUGH CELL#: 360-490-0861 Note: This proposal may be withdrawn if not accepted within 30 days. THIS IS NOT AN EQUIPMENT SALE AGREEMENTIINVOICE.THE SALE OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S EQUIPMENT SALE AGREEMENTIINVOICE,WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS, Page: 1 OUnited Rentals EQUIPME TESALE BRANCH 122 6070 LINDERS WAY SW # 202976497 TtJMWATER WA 98 48501-5229 360-786-8408 Customer # 771909 Quote Date 02/08/22 .j PUBLIC WORKS 100 PUBLIC WORKS DR UR Job UR Job #oc 100 PUBLIC WORKS DR, rilSHELTON WA 98584-9714 Customer Job ID: A P.O. # QUOTE h Office: 360-427-9670 Cell: 360-490-0861 Ordered By GARY ALBAUGH Written By TYLER DOLMAN Salesperson TYLER DOLMAN MASON COUNTY PUBLIC WORKS 100 PUBLIC WORKS DR SHELTON WA 98584-9714 This is not an invoice Please do not pay from this document �iss;xrwmz��emm��=wvtix�tst�±s i4azc•�:�-'s.•es se�ac�xa7r x,.: , Qty Equipment # Price Amount 1 1503810 CC: 150-3810 11649.00 11649.00 VIB PLATE REVERSIBLE 11000-13999# IMPACT Bomag BPR 60/65 D/E Lead Time March 2022 WA State Contract #2915 Sub-total: 11649.00 Tax: 990.17 Total: 12639.17 CONTACT: GARY ALBAUGH CELL#: 360-490-0861 Note: This proposal may be withdrawn if not accepted within 30 days. THIS IS NOT AN EQUIPMENT SALE AGREEMENTANVOICE.THE SALE OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'$EQUIPMENT SALE AGREEMENTANVOICE,WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS. Page: 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Mike Collins ( ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase John Deere 5449 Wheel Loader BACKGROUND: Mason County Public Works is looking to purchase a new 2020 John Deere 544P Wheel Loader off of the NJPA (Sourcewell)joint cooperative purchasing contract from Pape Machinery. The loader is needed for the Public Works Belfair Shop and used for a multitude of road maintenance activities, such as digging, moving materials, preparing job sites and carrying heavy loads. Public Works would like to trade-in three pieces of old equipment that Pape Machinery has offered a trade-in value of $77,500 (County equipment listed in attached quote). The remaining balance ($122,318.14) will come out of the County Road Fund 2022 budget. 2020 John Deere 544P Wheel Loader $190,235.61 Trade-in Revenues $(77,500.00) Remaining Balance $122,318.14 RECOMMENDED ACTION: Recommend the Board authorize the County Engineer to trade-in three pieces of equipment for a value trade of $77,500 for the purchase of a new John Deere Loader off of the NJPA (Sourcewell) joint cooperative purchasing contract #03211-JDC with Pape Machinery for cost after trade in $122,318.14. ATTACHMENTS: 1. Equipment info. 2. Pape Machinery Quote P � LW LW ® °fie � a r not a � t r k r. P rns i . P d Of ABOVE AND BEYOND MEET THE P-TIER WHEEL LOADERS When your material-handling application needs a heavy-duty lift,add a P-Tier INTUITIVE Wheel Loader to your lineup. Combining convenient front-end features with CONTROLS near-parallel lift, spacious operator stations including customizable ergonomic electrohydraulic(EH) controls,and streamlined electrical and hydraulic routing, these versatile and productive mid-size models are designed to help you take your operation to the next level. Take control Remote diagnostics and support It's easy to see Operators can easily control up to To maximize uptime and lower costs, Large seven-inch in-cab display six functions without letting go of JDLink"connectivity provides with easy-on-the-eyes clarity enables the ergonomically designed joystick. machine location,utilization data, intuitive push-button access to Two industry-exclusive multifunction and alerts to help you maximize key info.Standard rearview camera buttons can each be programmed productivity and efficiency. displays the activity behind the to handle any of up to 10 functions JDLink also enables John Deere machine on the color LCD screen. selected through the monitor, Connected Support-.Dealers use including bucket vibrate and EH Expert Alerts based on data from On your side Precision mode. thousands of connected machines All daily service points including fuel to proactively address conditions refill are conveniently grouped at The bucket list that may otherwise likely lead to ground level on the left side of the A wide selection of enhanced downtime.Your dealer can also machine for easy access.Routing of production buckets with integrated monitor machine health and leverage electrical wire harnesses and hydraulic spill guards,curved side cutters,and remote diagnostics and programming hoses has been streamlined. impressive rollback delivers elevated capability to further diagnose bucket-fill performance and material problems and even update i„ a retention compared to earlier offerings. machine software without a time-consuming trip to At the forefront the jobsite.* . Featuring bucket and linkage designs *Availability varies by region. that improve load leveling,material Options not available in retention,and visibility,these every country. loaders yield more productivity and performance than previous models. Yxe'' li , g' f L...h ... OVERACHIEVERS ASPIRE TO GO HIGHER. With handy front-end features and plenty of productivity-boosting y... enhancements over previous models, our 544 P-Tier Wheel Loader redefines expectations about the heights a utility loader can reach. Have a seat Spacious and comfortable cab features extra legroom,an f '. improved HVAC system,additional storage,and a more yA adjustable seat than earlier models. „i Smooth operator d Seat-mounted right-hand joystick features two programmable multifunction buttons and electrohydraulic(EH)controls that are more intuitive to operate compared to our K-Series controls. Near-parallel lift y ,-,_-J ' Lift path on Z Bar linkage is near parallel.Better load-leveling 'c i capability compared to K-Series models minimizes load rollback, reduces material spillage,and requires fewer manual adjustments. Cross-tube and boom geometry of the Z-Bar linkage has been +` streamlined to provide a better view to the front attachment. Pretty big plus ° High-Lift Plus configuration provides an additional 24 inches of hinge-pin height over standard lift height and 12 inches over the High-Lift model.All three lift heights feature near-parallel lift. Clear advantage Improved visibility to the work tool helps reduce spillage as well as cycle and tool-changeover times.It also helps minimize Icy machine damage when working on crowded jobsites or up against walls. Step it up .� Quad-Cool"places the radiator,air-conditioner condenser, Y intercooler,and hydraulic,transmission,and optional axle coolers in a unique boxed configuration that's isolated from engine heat, boosting efficiency and durability. 2-ir0o E{3/it1 SALES J i AACIUNE1tY' ORDER REFERENCE NUiAaEi§' BI .TO" SIQCode: 'S_ i ` ' Marne .:_: Buyer. ;Mason County Pubtic.V`dotks Address: Sarre AS 3#Tn Address: :100 Public lklorks Drive Cityc State: ZIV. - Gitq: :Stieiton Sfat . - ,WA Ztp: - 98584, County; County: Mason. Customer Noy- .". ___ DELIVERY DA7E(E y Ph.No Fax No. MODEL ffEl ION INVENTORY' EQl-1PtA MAKE 544P EQUIP# RPO. NEW USEa' RENT D2e111' MSER># TBD 0. ❑. ❑ : . . . Descri ttoiu 2020-DEERE--544R WREfL LOADER;STA46ARD CAB;5-SPEED."P'OWERSHIFT TRANStilISSION; 005.'�� AUTOMATIC REVERSING:EAtVr,TilJt3 t JNiMON ttYD.,X -41t Ftl'1):W_IIFtFR,10 CU,YD..BUCKET:; 60 INV .WWE FORKTRAME,60-IN.CONST01717160:11NES SOURCEVUELL,DISC:.QU*.OFF UST 41%-SOURCEWEII:CONI'RACf#0211-MC.._. 75,27 0.99 2YRt1500NR PAT W.t -$1,78440 Attachments Pl)1'r$2,SOO.W,1 ACTORY.FREiGifT's. $000;00 LO6kc DEQVtRt $1,250.00 M,750.00 r p = YEAR MAKE MODEL SERIAL NUMBER PR1�E:$ _ .. alt Exempt. o e- Ce. }rate 86-(Ar93EE M#31R60600-$24,800.00 91 C.AT 836E SN*33ZQ4819-$26,000":00" or enter Rate Below. f)7.-'DEERE 310'53.:$27 000.00-- SaletTaxj $0•00 t"older" Total Price $190,235.61 Trade-in Akwance: -$77;500.00: less(Est.}PayoR' .. 50.007 NetTrade in 1$77,500,00} 13ILL OF SALE;FOR TRADE-1N DESCRIBED HEREIN.WE CERTIFY THAT THEREtS'NO LIEN;CIAIM,DEBT, $ai66 Ta%t $S- %} $9 S82 53 FAORTGAGE OR ENCUMBERANCE OF ANY KIND,,NATURE OR DESCRIPTION AGAINST THIS PROPERTY J40W EXISTING,OF RECORD OR,OTHEtW1SE ANDTHAT SAME I$FREE AND CCE%tR AND tS WI OUR SOLE AND, Balance Due $122,31814 ' ABSOLUTE PROPERTY EXCEPT AS.NOTED ABOVE. - BUYER'S SIGNATURE-X" DOY4n Payment $0•00 JFIN�NGE ❑' NAIdED. ❑ ON ACCOUNT f]X'CASWCOD DoC,Fees TERMS J$ff8JEC-TTt3.APPROVAL): INSURANCE $0.� AmountlaFiinance -$122,318.14 LongVtotTerm Est PMT.Mos. BANLE{t¢EPti. Est tint W/O Ins; 'NEWa6SIG a AS 1S 1.NO WARRANTY ❑ NEW EXTENDED: ❑USED This sates omo is subject to additional temts.and conditions on the teverte.side of tliif document:The,undersigned Buyer agrees that it has read and understands the terms,and conditions;warranty dtsdatmers,.and limitations of llabf-Ity set out in the additional terns and conditions on the reverse side of-this document and that the same are.induded In and are part.of this.5ales Oidgr as ifset forth on the face hereof. PAPS MACHINERY, Live. BUYER (Stofe Address): 3ED7--2M Sb`,eet.East.: TACOMA;WA 98V4_ ....- Bjr_ Tire:_ By: CLAY EMERY (8 922-8718- T{tie; Te!TH=y+' Patti plate' JOHN DEERS MACHINERY Quote Summary Prepared For; Prepared By: MASON COUNTY DEPARTMENT OF PUBLIC W CLAYTON EMERY 1.00 PUBLIC WORKS DR Pape Machinery,Inc. SHELTON,WA 98584 3607 20th Street East Tacoma,WA 98424 Phone; 253-922-8718 cemery@oapemachinery.com This sale is subject to Pape'sTerms and Conditions of Sale effective Quote Id: 26061737 on the date hereof, which are incorporated in full by this Created On: 10 February 2022. reference. The Terms and Conditions of Sale are available at www. Last Modified On: 22 February 2022 pape.com/terin and will alsobe sent by mail ore-mail to the Expiration Date: 28 February 2022 r purchaser upon request. Equipment Summary Selling Price Qty Extended t JOHN DEERE 544 P WHEEL $ 190,235.61 X 1 = $190,235.61 LOADER Equipment Total $ 190,235.61 Trade In Summary Qty Each Extended 1986 CATERPILLAR 936E-3HD00099 1 $24,500.00 $24,500.00 Payoff $0.00 Total Trade Allowance $24,500.00 1991 CATERPILLAR 936E-33ZO4819 1 $26,000.00 $26,000.00 3 Payoff $0.00 Total Trade Allowance $.26,000.00 2007 JOHN DEERE 3i 08J-T031 OSJ144070 1 $27,0.00.00 $27,000:00 4 i� Payoff $0.00 Total Trade Allowance $27,000.00 t 1� Trade in Total $77,500.00 Quote Summary Equipment Total $190,235.61 Trade In $(77,500.00) SubTotal $112,735.6.1 g� Sales Tax-(8.50%) $9,497".53 �! Total $122,233.14 Down,Payment (0.00) k Rental Applied (0.00) Balance Due $122,233.14 It a ii Salesperson:X. Accepted By:X Confidential u JoHN,OEsmE ^ ������^��00�� Selling Equipment ' ,� � � � MACHINERY Quote Id: 2OU81T37 Customer: MASON COUNTY DEPARTMENT oFPU8L|CVV Stock:Number: Selling Price Code Description Qty Unit Extended Lock-up Tor�uel Converter 1610. Standard Fuel Filter with Water 1 $0.00 $0.00 Separator arid Standard Fuel Fill 1 $0.00 $-0.00 1940 7 inch Monitor 3046 Front Hydraulically Locking Differential 1 and Rear Conventional Differentia[ AJeo 3120 Manual Axle DiffevanU 1 �O Differential .00 oo.uo 4832 Np Brand Preference 1 $ 14^275.00 $,14.275= 5550 Full Width Front and Rear Fenders 1 $2.310'00 *2,3%0D SGlO Left Side Steps Only 1 �O.VU $0.00 5760 6Uin(1524mm)Wide Fork Frame 1 $8.327.00 $8.327'00 5870 OU Inch(1524mm)Construction Tines 1 D2.1,17.60 $2.117.00 | 7128 Halogen VVorkand Drive Lights 1 $0.00 $0.00| ta JOHN DEERS ) f '; Selling Equipment MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 8220 Rear Hitch and Counterweight 1 $0.00 $-0.00 8240 Rear Camera 1 $0.00 $0.00 8298 No Strobe Beacon or Left Beacon 1 $0.00 $0.00 Bracket 8310 Standard Exterior Mirrors 1 $0.00 $ 0.00 8360 Standard Radio 1 $576.00 $576.00 8450 Cab with Air A/C Charge 1 $0.00 $0.00 8560 Hydraulic Coupler-JRB 416 Pattern 1 $5,794.00 $5,794.00 8860 Bolt-on Cutting Edge 1 $ 1,054.00 $1,054.00 8910 3.0 Cu.Yd. Bucket(Coupler only) 1 $9,124.00 $9,124.00 9140 Fire Extinguisher 1 $149:00 $ 149.00 9240 Engine Compartment Light 1 $ 180.00 $ 180.00 0525 Slow Moving Vehicle(SMV) Emblem 1 $ 157.00 $ 157.00 9707 20.5R25 1 STAR L2 NO BRAND 1 $0.00 $0.00 PREFERRED.RADIAL TIRES WITH 3 PC RIMS Standard Options Total $70,535.00, -- Value Added Services Total $ 0.00 Other Charges Freight 1 $6,500.00 $6,500.00 Setup 1 $ 1,700.00 $ 1,700.00 Deliver Charge 1 $ 1,000.00 $ 1.000.00 Other Charges Total $9,200.00 Suggested Price $314,739.00 Customer Discounts Customer Discounts Total $-124;503.39 $-124,603..39 'Total Selling Price $190,235 Confidential JOHN DEERS 7 Trade In MACHINERY Quote Id: 26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 1986 CATERPILLAR 936E wQ1 SN#3HD00099 Machine Details D p � 1 12024 Description Net Trade Value 1986 CATERPILLAR 936E $24,500.00 SN#3HDO0099 Stock Number:, 3HD00099 Your Trade In Description dditional,Options" - ,`- _ Hour Meter Reading 7490 0r 00 1991 CATERPILLAR 936E' SN#Machine Details S 3 ZOO 3 # 1104 Description Net Trade Value 1991 CATERPILLAR 936E $26,000.00 SN#33ZO4819 Stock Number: Your Trade In.Description Hour Meter Reading 7471 PayOff $D.00 26,000.001 2007 JOHN DEERE 310SJ SN#' Machine Details Description Net Trade Value Confidential JOHN DEERE Trade In MACHINERY Quote Id:26061737 Customer: MASON COUNTY DEPARTMENT OF PUBLIC W 2007 JOHN DEERE 310SJ $27,000.00 SN#' Stock Number: SJ144070 Your Trade In Description Additional,Options `; Hour Meter Reading 4302 PayOff $0.00 Total $ i00 i0 i 1 Confidentiai i i MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Agenda Item # g.1a BRIEFING DATE: February 28, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Purchase of two Automated Flagger Assistant Devices BACKGROUND: Currently, Public Works has four (4) automated flagger assistant devices. These devices are intended to direct and control traffic using only one person. In a typical flagging operation, flaggers are located at each end of the lane closure and use Stop/Slow paddles to direct traffic while positioned in the travel lane.These units are designed to be operated by a Traffic Control Person via remote control from a safe location. Public Works would like to purchase two (2) more automated flagger assistant devices off of State contract from Coral Sales Company. The purchase price for is $16,999.00/each (Total $33,998 plus sales tax) and would be covered in the current 2022 Road fund budget. RECOMMENDED ACTION: Recommend the Board authorize Public Works to purchase two Automated Flaggers through the Washington State contract for $33,998.00 plus sales tax. ATTACHMENTS: 1. Device Information 2. Coral Sale Co. Sales Quote CTM NORTH AM ERICA TRAFFI r. THE LEADER IN TRAFFIC CONTROL SYSTEMS STO P HERE ON RED f" jd h }yirY. f` s RCF2 . 4 AFA AUTOMATED FLAGGER ASSISTANCE DEVIC 4 { . .. Single-head with gate-arm design for your short-term flagging needs. The RCF2.4 Automated Flagger Assistance Device is designed to be operated by a Traffic Control Person via remote control, from a safe location. ,�eoss�n NORTH AMERICATRAFFICTM o. sioP �• ��� STOP IH� NE,REEOON N� INREDN Rr ►+�iy�I•.fi�� THE LEADER IN TRAFFIC CONTROL SYSTEMS "tSStf I IMI111 Illllmw � �� "w... �.y fell&FiLUMIX 1 KEY FEATURES INCLUDE: BENEFITS; 8 foot, highly visible, breakaway gate-arm • Provides "positive", visual vehicle control - Flagger stands at a safe location while - Flagger is safe during control of traffic controlling traffic - Operator training takes less than 5 minutes - User friendly controller design - One flagger can control one or two units with a Hand-held radio remote control clear line of sight Lightweight design with small footprint - Quick set up time. Can be repositioned by hand - Each controller can be designated as a Primary as opposed to by truck Unit, or a Secondary Unit • Convenience and efficiency in assigning - Two trailers can be locked together for towing inventory - Optional tandem tow package available* I *Tandem tow option STOP Ll HERE oN STOP REO IME a t I RED E .jr oft 1J i NORTH AMERIGTRAFFIC" ISO 9001.2015 ' 7994 1019 •�" i Petersburg Circle,Port Colborne,ON L3K 5V5 S 3 i 3 Coral Sales Co. SALES QUOTE: QT-20961 highway - 4ety olutions Page: 1 PO Box 22385 Portland,OR 97269-2385 Main 503.655.6351 Toll Free 800.538.7245 Fax 503.657.9649 www.coralsales.com Bid No: Bid Date: 2/1/2022 Quote Project To: Mason County Details: Public Works Project#: Pete Medcalf 100 W Public Works Drive Shelton,WA 98584 Phone: 360-427-9670 X381 Salesperson: JAMIE BERNSTEIN E-Mail: jamie@coralsales.com Fax: 360-427-8445 Phone No: 503-344-1782 Customer ID: CUST-1207 FOB: Destination Terms: NET 30 Bid Item# Description Quantity Unit Unit Price Ext.Price 2021 RCF 2.4 Automated Flaggers-New Units 001 AFAD,RCF 2.4 Remote Control Flagman, 2.00 EA 16,999.00 $33,998,00 Includes:(1)Hand Held Remote 002 AFAD,RCF 2.4,Intrusion Alarm, 2.00 EA 003 AFAD,RCF 2.4,Handheld-Remote,1 watt XT,Black 1.00 EA Freight Included i 1 E[} I 4 3 E gR E H_ Subtotal: $33,998.00 Shipping&Handling: $0.00 k Total: $33,998.00 Sales tax is NOT included. Material Only-Installation is not included. Quote is for a acceptance within 30 days unless otherwise stated;applies only to project specified. No bond included. Please refer to Coral Sales Company standard terms and conditions for complete details. _ Accepted by: Date: j MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda Public Hearing _X_ Other DEPARTMENT: Community Services, EH EXT: 279 DATE: 3/15/222 Agenda Item # 0, Commissioner staff to complete) BRIEFING DATE: 12/13/2021 & 1/31/2022 & 2/15/2022 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public Hearing for updates to Chapter 6.32 Preliminary Platting Standards Background: See attached staff report Budget Impacts: None RECOMMENDED ACTION: Approval of the attached ordinance, revising Chapter 6.32 per attached Exhibit 1 with an effective date of April 1st, 2022. Attachment(s): Staff report (background and summary of changes), ordinance with proposed code language attached. To: Mason County Board of County Commissioners From: Alex Paysse, Environmental Health Manager Date: March 15th, 2022 Item: Updates to Mason County Code Chapter 6.32 Preliminary Platting Standards See attached draft changes. Background RCW 70.05.060 directs the local board of health to enact local rules and regulations as are necessary in order to preserve, promote, and improve public health and provide for the enforcement thereof. Chapter 6.32 addresses health requirements related to plats and subdivisions of property. The chapter ensures new lots are properly sized and divided to allow for proper sewage disposal and safe drinking water. This chapter was last amended in 1980 (40+ years). Staff has found a lack of information and alignment with current codes, regulations, and current policies. Proposed draft eliminates code conflicts and provides clarity to applicants on what will be required for health approval. Summary of changes 6.32.010 Purpose. • Small language updates and added references to related county and state codes 6.32.020 Definitions. • Adopts definitions in county and state code sections. • Removes definitions that are already defined in other adopted code sections to avoid conflicts. 6.32.030 Information required. • Relabel as "general requirements" • Adopts state code requirements related to onsite sewage systems WAC246-272A-0320 • Clarifies administrative requirements such as forms and fees • Adds supporting language for additional information when plats or subdivision involve an existing onsite sewage system, aligning with current practice and related codes. • Reformats some of the existing requirements 6.32.040 Filing fee schedule • Retires section, references to current EH fee schedule were added to section 030. 6.32.050 Minimum Lot Size for Subdivision • Removes most of the language and references back to state code minimum lot sizes WAC 246-272A-0320(2). 6.32.060 Public Water Supply 0 Adds reference to appropriate state code requirements related to Public Water Systems. 6.32.070 Individual lot wells • Clarifies section heading and purpose • Adds section b) which highlights WAC 246-272A-320(2)(b)(i) 6.32.080 Waiver of Regulations • Small format changes. • Adds reference to review fees for waiver submittals 6.32.090 Appeals. • Adds section to support appeals, aligning with other Title 6 chapters. Recommendations Recommend approval of proposed ordinance, amending Chapter 6.32 per the attached code language. Briefing with BOCC Dec. 131, 2021, DONE Review & approval by BOH Jan. 25th, 2022, DONE Review by BOCC to set Public Hearing Jan. 31st, 2022, DONE Approval by BOCC to set Public Hearing Feb. 15th, 2022, DONE Public Hearing and Adoption March 15th, 2022 Effective Date Aril 1st, 2022 ORDINANCE NO. AN ORDINANCE AMENDING MASON COUNTY CODE TITLE 6, CHAPTER 6.32 PRELIMINARY PLATTING STANDARDS WHEREAS, Mason County Code Title 16 — Plats and Subdivisions Chapter 16.32 — Health Standards requires plats to comply with current Environmental Health requirements. WHEREAS, Mason County Code Title 6 — Sanitary Code Chapter 6.32 — Preliminary Platting Standards were last amended in 1980 via Resolution 1162 and does not currently conform to state code requirements and/or existing county permit processes. WHEREAS, RCW 70.05.060 directs the local board of health to enact local rules and regulations as are necessary to preserve, promote, and improve public health and provide for the enforcement thereof. WHEREAS, Mason County Board of Health reviewed and approved the proposed amendments on January 251h, 2022 and movement to hearing with the Board of County Commissioners. WHEREAS, A public hearing was held on March 151h, 2022, in accordance with Mason County Code 6.04.060. NOW,THEREFORE, BE IT ORDAINED,that the Board of Mason County Commissioners hereby amends Chapter 6.32 of the Mason County Code, "Preliminary Platting Standards" to read as set forth on Exhibit 1, attached hereto and incorporated by reference, with an effective date of April 15', 2022. DATED this day of 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: / Sharon Trask, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney Randy, Neatherlin, Commissioner EXHIBIT 1 Chapter 6.32 PRELIMINARY of Aninir_ PLAT AND SUBDIVISION HEALTH STANDARDS 6.32.010 Purpose. The purpose of this chapter is to: (a) Complement the Mason County platting ordinance and Title 16—Plats and Subdivisions; (b) Provide standards by which the county health officer can evaluate preliminary plats,final plats,Short Plats, Large Lot Subdivisions and any other subdivision applications-ard-sl�ats; (c) Comply with`"�^2A4 96246-272A WAC,246-290 WAC,246-291 WAC,and applicable Title 6 chapters related to drinking water and sewage disposal;and (d) Protect the public health. (Res. 1162(part), 1980:Art.VIII(part)of Res.dated July, 1970 and amended November 5, 1970). 6.32.020 Definitions. The definitions outlined in 246-272A WAC,246-290 WAC,246-291 WAC,Chapter 6.76—On-Site Sewage Regulations,and Chapter 16.08—Plats and Subdivisions are hereby adopted and incorporated by reference. In addition,the following definitions shall also apply. (a) 'Board"shall mean the Mason County Board of Health"On site sewage disposal" system"Fneans any systern of piping,tFeatment deviees, eF etheF faeilitie5 that convey,steFe,tFeat,eF dispese ef sewage eR the (b) "Department"shall mean the Mason County Community Services, Public Health division. (c) "Director"shall mean the Mason County Community Services Director. (d) "Health Officer"shall mean the Mason County Health Officer or a member of the department authorized by and under the direct supervision of the Mason County Health Officer. nsupplies" means any system Of WateF SUPPly intended er used-fe-F hurnan eensumptieR 9F ethe—r u Feffese tat'. e. Mason County,Washington,Code of Ordinances Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 1 of 6 i ;;Rd streams (Res. 1162(part), 1980:Art.VIII§1 of Res. dated July, 1970 and amended November 5, 1970). 6.32.030 General Requirements. (a) WAC 246-272A-0320"Developments,subdivisions,and minimum land area requirements"are adopted and incorporated by reference to subdivision applications proposing the use of an Onsite Sewage System. (b) An application for Environmental Health review of Land Use shall be submitted upon application using the form prescribed by the health officer. (c) Permit or review fees shall be charged according to the Mason County Environmental Health Fee Schedule. (da) Preliminary Plat,Short Plats, Large Lot Subdivisions,or other division of land.- (1) A topographical map showing contours as specified by the health officer but shall be at least five-foot contours to be extended at least one hundred feet beyond the boundaries of the proposed subdivision unless specifically waived by the health officer' or director. (2) A minimum of one representative soil log and percolation test per acre or tract larger than one acre shall be submitted. If a sufficient amount of information is not available on water table conditions,the health officer can require a winter observation be completed during the months of suspected high water table conditions. All test holes shall be made available for the health officer's inspection and constructed according to the Mason County On-Site Standards. (3) All surface water and wells drinking water wells and springs located in or within one hundred feet of the subdivision shall be shown. (4) Where existing On-Site Sewage Systems exist within project boundaries; (A) All On-Site Sewage System components shall be located according to respective record drawings and county records. (B) When no record drawings exist,proof of component locations may be required by the health officer or director. (C) Proof of adequate reserve area(s)as required in 246-272A WAC (D) Proof of satisfactory maintenance requirements as outlined in 246-272A WAC and Chapter 6.76— On-Site Sewage Regulations. (E) An easement or covenant may be required if existing sewage components are severed or separated by any proposed lot lines to ensure future operation and maintenance of said components according to 246-272A WAC. (5) When a Community Drainfield,as defined in Chapter 6.76—Onsite Sewage Regulations,is proposed; the system shall be completed prior to recording of the subdivision or a performance bond or moneys on deposit shall be required in the same manner as required for water systems in subsections(d)and (e)of Section 6.32.060 except the estimates shall be submitted by a licensed professional engineer, licensed designer,or registered sanitarian. (6) When service by a Public Sewer System is proposed,a completed sewer adequacy form signed by the system manager shall be provided,prior to plat approval and filing, as evidence that sewer disposal is available to each lot proposed. Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 2 of 6 (e�) Final Plat. (1) Evidence shall be submitted that all requirements of preliminary plat approval have been met. (6) S1984 RlvcSr. than ene @eFe shall be (2) All suFfaee wateF and wells leeated On 9F within ene hWAdFed feet A-f the subdiviSiGR shall be ShGwA. (d) All peFC-elatien tests and seil legs shall be peFfWrned by or undeF the diFeet super-vision ef a register (e) if a sufficient amount of net available on ydatt-r tahip e-enditiens,the health effieeF Ea that peFeelation tests and seil legs be cenducted dwing the Fngnths of suspeeted high wateF table ceRclutiens. "Interim(f) All soil tests shall be eenduEted in a66E)rd;;nr--P w0th thp DepaFtment of se-eial and- Health Sepwiee u , (g) All seil leg heles shall be made ayailable feF the health effieeF's inspeetie;R.The health e4meeF Shall be ne-tified- y0heR.the heles have been PFePaFed and shall make the inspeetien within ene week ef sweh netifieatien.The (h) When a 5ewage system utilized by twe eF FneFe letS OS pFeposed,the s9iI testing FequiFements shall be as fArwateF systems in subseetiens(d)and(e)9f Seetign 6.32.060 e)(Ee t the estimates shall be submitted by a 13 (Res. 1162(part), 1980:Art.VIII of Res.dated July, 1970 and amended November 5, 1970). 6.32.040 Fi'i^^fee wheel-deRetired. (a) A plat with ind-kVid-wi.al let sewage 5yste.m.r-A-F individ-i-ial let wells, eF,with beth in-#all-;Aiens en eaEh lot-;hall subrAiRing the engineeFiAg FePBFt feFms and maps.A minimum fee of twenty fiYe dellars shall he bmitted (e) A Sheet plat ee^f fif�1TTty del! FS.`7rhalll be regUiFed. (Res 1162(PaFt) 1980i n.t Vill§9 of Res dated I„l., 1970 and-a .,a,.a el,,.,^..,bee[ 1979 6.32.050 Minimum Llot Ssize . Minimum lot size requirements shall conform to 246-272A-0320 WAC utilizing method one or method two as outlined in state code. One of the f liewing methods shall be used f9F det,,...•.ining lot sizes when^ site sewage dispesal (a) Methed(1) Created: 2021-10-20 09:04:40 [EST) (Supp.No.57,11-21,Update 1) Page 3 of 6 Ta WateF&UPP4V 4 -3 4 g FE Yee 12,509 Ft - nnn&n FtT _ fir. �i �� �: 'RdiVidli �* EFe 1 a e Fe 1 aeFe I acre 2 aeFe - goil TypeType ET pe DF2fRage Pe elataen Rate GeneFal See! � ati9FF ca Geed 1 A minutes/inch -3 -F-aFF 5-9 .. wteS/iReh silt, 4 AEA 18-9 n .,. utes/inch mestly silt a elay seme b Wnaeeept QyeF 30 .. „t S/iR .h e Lot sw;!es f9F sea!type !ean be Fedweed by the health e4ieeF Of engineeFingjustifieatien can be PF9Yided that be less than that f9F Seil type 2. ** SE)il leff,sail maps and Semi GeFisewation Serviee date is suffieient te aaeemd rate ly elassify se peFee� t�rcs*vPe- (b) Methed(2).On site sewage dispesal systems shall be iRstalled en l9tS, PaFEek,OF tFaEtS that have a su4ee4ent amount ef aFea with PFepeF sails te adequately Fet-ain and trp-at-;ewage en Site,taking mnte (1) Soil type and depth; (-2) —AFea dFafaage,let dkainage; (3) PFeteet+em efserfaee and gFe nd wate;-%; (4) Setbaeks fFeM prepeky lines,wateF supplies,ete.; (5) 99iFee9 est+e tei Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 4 of 6 nl Climatic c-endrt+en5; (8) Availability of p blie (9) Aet,vrty-e=land-use, present and aRtieipated-, (10) GFewth patterns; (11) lRdiyid aI and as lated gFess effe,ts., ,-,teF Ei -,k.,• ( 3) A..t'n' ated sewage elu me t h- MiRaFRUM 10t rhRl' health, plaRRing, established be estableshed jointly betweeR the sewer utility,the lee-cal county public works depaFtments, and other appliGable lecal age-c-le-S. (Res. 1162(part), 1980:Art.VIII §4 of Res. dated July, 1970 and amended November 5, 1970). 6.32.060 Public water supply. This section applies to proposed plats or short plats that require public water supplies as determined in Seet'en c 32 050246-272A-0320 WAC. (a) All public water supply systems shall comply with WAG 24^8.54246-290 WAC and 246-291 WAC. (b) All potable water sources shall be developed,tested for quality and quantity,and available to the plat or short plat prior to the approval and filing of the plat or short plat. (c) All public water supply systems shall be installed or bonded for completion prior to the approval and filing of the plat or short plat. (d) A performance bond shall be provided in favor of the county health department as an alternate to complete installation of a public water supply prior to approval and filing of the final plat or issue of the site approval for short plat.Any such bond shall guarantee that construction will be completed within one year of final plat approval.The bond shall be from a reputable bonding company,on a satisfactory form and in an amount based on an estimate prepared by a licensed professional engineer for class 1, 2, and 3 water systems and by the installer for class 4 water systems plus thirty-five percent.All of the above shall be to the satisfaction of the department of Social and Health Services,the health officer and legal counsel for the health department.As a condition precedent to acceptance of a bond,the water source shall be provided, proven and approved;the water source shall also be tested bacteriologically and chemically. (e) Preliminary to bonding an itemized list of materials shall be submitted with the water system plans to the Department of Social and Health Services or local health department,as appropriate. (f) Moneys on deposit for completion of the water system may be provided in lieu of a bond if confirmed in writing by a reputable financing firm to the satisfaction of the health officer and legal counsel for the health department. (g) Completion of the water system(including availability of water to each lot)shall be provided within one year after final recording of the plat. (Res. 1162(part), 1980:Art.VIII§5 of Res. dated July, 1970 and amended November 5, 1980). Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 5 of 6 6.32.070 Individual 1e#Mrellssources. This section applies to proposed plats or short plats that allow an individual water source or well as determined by 246-272A-0320 WAC. � thle standaFd of the ehapteF the subdivider Af a-;--ladivision with 'aFgeF lots with a well f9F — Eeach individual lot must designate on the final recorded document the general location of each water source or well and septic tank systefna one hundred-foot radius water supply protection zone.- a4b)Configuration of each lot shall allow a one hundred-foot radius water supply protection zone to fit within the lot lines;or establishment of a one hundred-foot protection zone around each existing and proposed well site per 246-272A-320 WAC. (Res. 1162(part), 1980:Art.VIII§6 of Res.dated July, 1980 and amended November 5, 1980). 6.32.080 Waivers of regulations. (a) Review for subdivisions served by existing sewage systems and water systems may be waived by the health officer. (b) Whenever a strict interpretation of these regulations would result in extreme hardship,the health officer may waive such regulation or portion thereof; provided,that the waiver is consistent with the intent of these regulations and that no public health hazard will result.These Rfegulations adopted in compliance with WAC 248-96 246-272A WAC will also require the concurrence of the SeEFe>:ar-yWashington State Department of Health. (c) A review fee shall be required according to the Mason County Environmental Health Fee Schedule. (Res. 1162(part), 1980:Art.VIII §7 of Res.dated July, 1970 and amended November 5, 1970). 6.32.090 Appeals. (a) Decisions of the director may be appealed to the health officer. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the health officer to be held within thirty days of said decision being appealed- (b) Determinations of the health officer may be appealed to the hearings examiner. Appeals must be made in writing to the director within ten working days of the decision which is being disputed. A hearing date shall be scheduled with the hearings examiner to be held within thirty days of said decision being appealed. (c) Departmental orders and determinations shall be staved for the period the appeal is pending,provided no public health hazard results from said stay. Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 6 of 6 MASON COUNTY HEARING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, PE, PLS, Deputy Director/ County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 15, 2022 Hearing Item # �0.1 BRIEFING DATE: February 7, 2022 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public Work Real Property Surplus—Hearing BACKGROUND: Mason County Public Works acquired a right-of-way easement in 2011 along parcels 31917- 22-91043 and 31917-22-91044 for County Road Project (CRP) 1861, Simmons Road Safety Improvements. The project was to construct a road east of, and generally parallel to US 101 between Lynch Road and Old Olympic Highway. The intent was to reduce conflict and accidents at the US 101/Lynch intersection by reducing the number of trips headed southbound. A lower cost solution was ultimately implemented by WSDOT and the county project cancelled in 2018. The owners of the above tax parcels reached out to the County wanting to re-acquire the purchased right-of way for development purposes. With unforeseen future use, Public Works and the property manager recommend the sale back to the owner of these parcels, on the basis that it is in the best interest of the County. After review with the Chief Deputy Prosecutor, staff proposes to utilize MCC 3.40.320(7) allowing direct negotiation with the property owner should the Board approve the surplus. The property is assessed at less than one hundred thousand dollars; therefore, also per MCC 3.40, the county would use the County Assessor's current assessed value of the parcels to negotiate the selling price. A fee is charged for the hearing, and if surplused and sold, proceeds would go to the Road Fund. Per WSDOT Local Programs these funds would not need to be returned to WSDOT. RECOMMENDED ACTION: Recommend the Board of County Commissioners execute the resolution authorizing the Property Manager to offer the surplus of the county right of way easements along tax parcels 31917-22-91043 and 31917-22-91044 by direct negotiation and without public offering, to the previous owners. Offering prices may be established by appraisal, tax assessment or as otherwise recommended by the Assessor's Office and final selling prices are to be approved by the Board of County Commissioners. ATTACHMENTS: 1. Resolution and Exhibit A 2. Maps RESOLUTION NO. DECLARATION OF SURPLUS PROPERTY AND APPROVAL OF SALE WHEREAS, Mason County Public Works owns real property purchased for a right of way easement along parcel numbers 31917-22-91043 and 31917-22-91044,described in Exhibit A,attached hereto;and, WHEREAS,the property was acquired for County Road Project(CRP) 1861,Simmons Road Safety Improvement Project;and WHEREAS,this project was cancelled in 2018 with the US 101 safety improvements project completed by WSDOT at Lynch Road/SR 101 intersection;and, WHEREAS,the previous owner has expressed interest to re-acquiring the easement for future development purposes of the parcels;and, WHEREAS,the Board of County Commissioners has determined that the property is surplus and in the best interest to the County,as authorized by Mason County Code 3.40,shall be sold by direct negotiation and without public offering back to the previous owner.Recommended assessment of County Assessor's and final selling price are to be approved by the Board of County Commissioners. WHEREAS,Mason County issued a public notice regarding the declaration of this property as surplus and its intent to sell by direct negotiation without public offering back to the previous owner WHEREAS,the Mason County Board of Commissioners, on Tuesday,March 15, 2022,held a public hearing,via ZOOM,during which members of the public were able to testify before the Mason County Board of Commissioners regarding the property,the proposed declaration of surplus and proposed manner of sale. NOW,THEREFORE,BE IT RESOLVED by the Mason County Board of Commissioners that the real property described in Exhibit A,attached hereto,is declared surplus property and the Property Manager is authorized to offer all of said property for sale, by direct negotiation and without public offering with previous owner. Offering prices for those listed in Exhibit A,may be established by appraisal,tax assessment or as otherwise recommended by the Assessor's Office,and final selling prices are to be approved by the Board of County Commissioners. Dated this day of ,2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Kevin Shutty,Chair APPROVED AS TO FORM: Sharon Trask,Vice Chair Tim Whitehead,Chief DPA Randy Neatherlin,Commissioner cc: Assessor Auditor Treasurer Property Manager EXHIBIT A SUNSEA JACK CLOUTIER ET UX RIGHT-OF-WAY DESCRIPTIONS PARCEL NUMBER 31917-22-91043 All that portion of Statutory Warranty Deed granted to Sunsea Jack Cloutier and Danielle De Yongue,husband and wife, recorded June 06, 2021, under Auditor's File Number 2159742,being a portion of Lot `13-3' of Short Plat No. 2975, recorded December 29, 2004, under Auditor's File Number 1827668 and 1827669, being a portion of the Northwest Quarter of the Northwest Quarter, Section 17, Township 19 North, Range 3 West, W.M., Mason County, Washington, lying easterly of a line drawn parallel with and 40.00 feet westerly of, when measured at right angles,to the centerline of Simmons Road Connector as said road is shown on Simmons Road Connector, County Road Project 1861, on file in the office of the Mason County Engineer. EXCEPTING therefrom all that portion lying within public roads, if any. Said parcel being more particularly shown on the official map of Simmons Road Connector, County Road Project 1861, sheet 5 of 6 sheets, approved July 22, 2011, on file in the office of the Mason County Engineer. The total amount of property conveyed is 0.08 acres, more or less. PARCEL NUMBER 31917-22-91044 All that portion of Statutory Warranty Deed granted to Sunsea Jack Cloutier and Danielle De Yongue,husband and wife, recorded June 06, 2021,under Auditor's File Number 2159742, being a portion of Lot `13-4' of Short Plat No. 2975,recorded December 29, 2004, under Auditor's File Number 1827668 and 1827669,being a portion of the Northwest Quarter of the Northwest Quarter, Section 17, Township 19 North,Range 3 West, W.M.,Mason County, Washington, lying easterly of a line beginning at a point opposite Engineer's Station S 52+00.00, as Engineer's Station is shown on Simmons Road Connector, County Road Project 1861, on file in the office of the Mason County Engineer and 50.00 feet left;thence northerly to a point opposite Engineer's Station S 53+20.00, 40.00 feet left; thence northerly,parallel with said line survey, to a point opposite Engineer's Station S 55+00.00, 40.00 feet left and the end of the line description. EXCEPTING therefrom all that portion lying within public roads, if any. Said parcel being more particularly shown on the official map of Simmons Road Connector, County Road Project 1861, sheet 5 of 6 sheets, approved July 22, 2011, on file in the office of the Mason County Engineer. The total amount of property conveyed is 0.15acres, more or less. i I 1 vV TOPOGRAPHIC SURVEY i I FOR JACK COULTER&DANI YONGUE I LOTS 8-3 AND 8-4 OF SHORT PLAT NO.2975 PARCEL NOS 32917-22-91043&319272292044 1 IJ I I l.m:,.•a.AIxDW � I I I x rNfAlcuAnocmlx� RII]rt!•w te.�)•ry[RX, SURVEYORS NOTES I 4 0 ?Q \ I I , I —NOTE: `r.61fr cTM mn"unwus.�viirox:wr.0 sf C e-3 �• ..•� mu+nu`wn.�r:A"`wr""`.-./arxn"`�"ien: �pmv O+RN,wHLIs O4ttwR[S,.tm[ . ti D:uv(*wL.uCA:SII.RSAOICIOx:nivrv \ 8 n rw«Dr.frs�ouru�rrmrw[nx[zs or `Y../_ wunxl¢r.r //�f�(/ CIS OF BEARING IOUrH.w Cr,wD(eDRw,m UIRIIRS mrd[Dw � I 1 aV 095'.C.[THLxrDINO w.v/¢D.em.roDrwexaeousrRlanDv. � ,eovurxrA[oxe ul[w Iwrar 'JIDIre1.1 xD,InA3L1DNMaaDx :lrvA.Idr C.M.I[nD Df,mwR MSe. � � I'. 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';� ' o- r V i n , 40rgr s} "L+ n Imp k e t..t 2/2/2022, 10:07:31 AM 1:3,076 0 0.03 0.05 0.1 mi IJ County Boundary Road Name Labels(Zoom to 1:100,000) Roads El Filled � Railroads(Zoom to 1:200,000) Federal 0 0.04 0.08 0.16 km Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, State USDA,USGS,AeroGRID,IGN,and the GIS User Community ❑ Tax Parcels(Zoom in to 1:30,000) Mason County WA GIS Web Map Application Maxar I